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HomeMy WebLinkAbout2021-367-Solid Waste-Shamrock Environmental Corporation-C&D Cell Construction Revised 07/20 1 [Departmental Use Only] TITLE C&D Cell Construction FY 21-22 NORTH CAROLINA CONSTRUCTION AGREEMENT OVER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 1st day of July, 2021, by and between Shamrock Envrionmental Corporation, (hereinafter called the “Contractor”), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange County,” or “Owner”). W I T N E S S E T H: 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 General Conditions which are fully incorporated in this Agreement, the Request for Proposals, designer approved communications and field orders, the Proposal, Construction Documents and Drawings and Written Specifications. The Contract Documents form the Contract. In the event of a ny inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement and incorporated General Conditions attached as Exhibit 1. b. Designer approved and stamped construction documents and drawings and written specifications. c. Designer approved communications and field orders. d. Request for Proposals and addenda thereto. e. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible for 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 Associates (Sheet C1.0 thru C6.1 dated 4.26.21) b. Written specifications prepared by the Designer. c. Shamrock Environmental Corporation proposal dated May 21, 2021 which fully describes the work to be performed, such work (hereinafter called the “Work”). DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 2 d. Related documents listed under Section 2 above. 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 included by the 150th day following notice to proceed, on or about December 10, 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. 4. STANDARD OF CARE AND DUTIES OF CONTRACTOR a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the 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 Contractor, Subcontractor, and Sub-subcontractor errors or omissions, in the performance of the Agreement together with the errors and omissions of any agent or employee of the Contractor or any Subc ontractor or Sub-subcontractor. 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. Contractor shall at all times remain in compliance with all applicable local, stat e, and federal laws, rules, and regulations including but not limit ed 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 in corporated herein by reference and may be viewed at http://www.orangecountync.gov/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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 3 f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and its employees, agents 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. g. The Contractor shall supervise and direct the Work efficiently and with the Contractor’s bes t skill and attention. Except as specifically set forth 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. h. The Contractor shall appoint a competent Project Manager with general authority to manage the Project for the Contractor. The Contractor shall also keep on the Project at all times during the Work of the Contractor a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Designer or by the Owner if a Designer is not retained for the Project. i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the Contract Price if and when directed by the Designer. j. The Contractor shall attend all progress conferences and all other meetings or conferences. The Contractor shall be represented at these progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor. Any Work in which untested materials are used without written approval or written permission of the Owner or Designer shall be removed and replaced at Contractor’s expense. l. The Contractor shall obtain all necessary permits including all permits required to complete the Work in compliance with local, state, and federal law. 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 One Hundred Ninety Seven Thousand Five Hundred Ninety Three Dollars ($197,593). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s Representative, generally the Designer if a Designer 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 1207 Eubanks Rd, Chapel Hill, NC 27516 and shall show substantially the value of work done during the previous calendar month. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 4 (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%) (the “Retainage”). (1) Upon Owner’s Representative’s certification that fifty percent (50%) of the Work has been satisfactorily completed Retainage shall be reduced to two and one half percent (2½%). (2) 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 Final Completion of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d) 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 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. d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the Work performed related to a Request for Payment, Owner shall have the authority to withhold payment of the disputed amount until parties resolve their dispute. Failure to pay the Contractor pursuant to this section of the Agreement shall not be deemed to be a breach o f the Agreement. 6. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 5 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 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. 7. 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 Shamrock Environmental Corporation Attn: Robert Williams, Solid Waste Attn: Mike Tedaldi, Division Manager P.O. Box 8181 6106 Corporate Park Drive Hillsborough, NC 27278 Browns Summit, NC 27214 8. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addit ion 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 an d 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 la w. d. Should the Designer, if a Designer 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 Designer under this section shall be paid at Contractor’s expense. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 6 e. The County has designated (Robert Williams, Solid Waste Director) to act as the County's representative with respect to the Project 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. f. 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. g. 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. h. 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. 9. CONSEQUENTIAL DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: (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. 10. 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 or General Conditions shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 7 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY: CONTRACTOR: By: _________________________________ County Manager By: __________________________________ Greg Kiser, Chief Executive Officer Printed Name and Title DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED President Revised 07/20 8 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Shamrock Environmental Corporation Party/Vendor Contact Person: Mike Tedaldi Contact Phone: 800-881-1098 Party/Vendor Address: 6106 Corporate Park Drive City Browns Summit State: NC Zip: 27214 Department: Solid Waste Amount: $197,593 Purpose: C&D Cell Construction Budget Code(s): 55355030-880000 Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 6/22/2021 Approved by Board Yes No Agenda Date: 6-15-21 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:_________ DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 6/25/2021 6/28/2021 6/29/2021 6/30/2021 1 Revised 07/20 EXHIBIT 1----GENERAL CONDITIONS Table of Contents Page Article 1. Definitions......................................................................................................................3 Article 2. Correlation, Interpretation, and Intent of Contract Documents……...............................7 Article 3. Familiarity with Work, Conditions and Laws..................................................................8 Article 4. Bonds............................................................................................................................9 Article 5. Insurance and Indemnity ..............................................................................................9 Article 6. Other Record Documents and Submittals...................................................................16 Article 7. Contractor....................................................................................................................18 Article 8. Owner .........................................................................................................................26 Article 9. Construction Manager ................................................................................................26 Article 10. Designer ...................................................................................................................26 Article 11. Testing and Surveying..............................................................................................27 Article 12. Separate Contracts...................................................................................................27 Article 13. 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 Article 21. Final Payment..........................................................................................................40 Article 22. Contractor, Subcontractor and Supplier Affidavit ....................................................41 Article 23. Assignments and Subcontracts................................................................................41 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 2 Revised 07/20 Article 24. Measurements........................................................................................................41 Article 25. Contractor and Subcontractor Relationships..........................................................42 Article 26. Use of Premises .....................................................................................................42 Article 27. Cutting, Patching and Fitting ..................................................................................42 Article 28. Dispute Resolution ................................................................................................43 Article 29. 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 Article 37. General...................................................................................................................46 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 3 Revised 07/20 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 or an adjustment in the Contract Price 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 or Contract 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. 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 4 Revised 07/20 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, 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 the Contractor within the time specified, the Owner will execute and deliver the Agreement to him. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 5 Revised 07/20 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 6 Revised 07/20 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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 7 Revised 07/20 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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 8 Revised 07/20 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, 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 9 Revised 07/20 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 Contractor must receive specific written approval from the Owner prior to proceeding with any Work under the Agreement. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 10 Revised 07/20 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. 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 11 Revised 07/20 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 in favor of the Owner as well as other endorsements that may be required by applicable jurisdictions. 5.1.2 Automobile Liability Insurance DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 12 Revised 07/20 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. f) Personal Injury g) Cross Liability/Severability of Interest clause. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 13 Revised 07/20 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 “claims 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. 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 or Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 14 Revised 07/20 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 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 15 Revised 07/20 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 16 Revised 07/20 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 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 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. 5.5 RISK MANAGEMENT POLICY DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 17 Revised 07/20 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. 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 18 Revised 07/20 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. 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 19 Revised 07/20 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 20 Revised 07/20 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 21 Revised 07/20 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, permissions, and 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 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, DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 22 Revised 07/20 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 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 23 Revised 07/20 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 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 inconvenience, delay, interference, or other action or non-action of the Contractor or the Contractor’s Subcontractors on the Project. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 24 Revised 07/20 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 expedite the Work not expressly reserved to the Owner by other provisions of the Contract Documents. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 25 Revised 07/20 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: 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 26 Revised 07/20 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 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 27 Revised 07/20 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 28 Revised 07/20 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 or an extension of Contract Time, the Contractor may make a claim therefore as provided in Article 14 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 29 Revised 07/20 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 30 Revised 07/20 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 November 8 December 9 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 31 Revised 07/20 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 or an extension or shortening of the Contract Time, adjustments shall be made as provided in Article 14 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 32 Revised 07/20 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 or an extension of Contract Time, he may make a claim therefore as provided in Article 14 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 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 33 Revised 07/20 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 34 Revised 07/20 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 W here 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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 35 Revised 07/20 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 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 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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 36 Revised 07/20 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. 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) DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 37 Revised 07/20 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 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 38 Revised 07/20 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: a) Defective Work not corrected. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 39 Revised 07/20 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 40 Revised 07/20 ARTICLE 21. FINAL PAYMENT 21.1 If the Work of the Contractor is limited to demolition, pilings, caissons and 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 not finally resolved. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 41 Revised 07/20 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 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 verif y 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 42 Revised 07/20 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 43 Revised 07/20 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.orangecountync.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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 44 Revised 07/20 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 45 Revised 07/20 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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 46 Revised 07/20 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. f) 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. 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. END OF GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION—EXHIBIT 1 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-111, Advertisement for Bids for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 ADVERTISEMENT FOR BIDS Orange County Solid Waste Orange County, North Carolina C&D Landfill Phase 2 Construction General Notice Orange County (Owner) is requesting Bids for the construction of the following Project: C&D Landfill Phase 2 Construction DAA PN: R00592-226N Bids for the construction of the Project will be received at the Orange County Solid Waste Operations Center located at 1514 Eubanks Road, Chapel Hill, North Carolina 27516, until Friday, May 21 at 2:00 pm local time. At that time the Bids received will be publicly opened and read. The Project includes the following Work: Work generally includes in construction of an approximate 3.3 acre landfill cell. Work involves excavation and stockpile of excess soils, placement and compaction of structural fill, and installation of a gravel perimeter road. Work also includes necessary erosion and sediment control, piezometer abandonment, and installation of a stormwater culverts. Obtaining the Bidding Documents Information and Bidding Documents for the Project can be found at the following designated website: www.daa.procureware.com Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources a other than the designated website. The Issuing Office for the Bidding Documents is: Draper Aden Associates 114 Edinburgh South Drive, Suite 200 Cary, North Carolina 27511 Prospective Bidders may obtain copies of the Bidding Documents from the Issuing Office as described below. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including addenda, if any, obtained from sources other than the Issuing Office. Bidding Documents may be downloaded free of charge from the designated website. Bid No 367-OC5320: Orange County Solid Waste Eubanks Road C&D Landfill Permit No 68-04 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-111, Advertisement for Bids for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 Pre-bid Conference A mandatory pre-bid conference for the Project will be held on Tuesday, May 11 at 10:00 am at the Orange County Solid Waste Operations Center Training Room, 1207 Eubanks Rd, Chapel Hill, NC 27516. Bids will not be accepted from Bidders that do not attend the mandatory pre-bid conference. Current County Covid 19 polices will be in effect. All attendees are required to have an acceptable face covering in place for the meeting and abide by social distancing. In addition, a Microsoft Teams option will be made available to registered plan holders on the daa.com plan room. If the number of attendees exceed the capacity of the meeting room, the meeting will be relocated outside of the building. Instructions to Bidders For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. This Advertisement is issued by: Owner: Orange County Solid Waste By: Robert Williams Title: Solid Waste Director Date: April 25, 2021 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED ORANGE COUNTY SOLID WASTE EUBANKS ROAD C&D LANDFILL PERMIT NO 68-04 Phase 2 Construction 1514 Eubanks Road, Orange County, NC DAA Project Number: R00592-226N PREPARED FOR: Orange County Solid Waste Management Department Robert Williams, Solid Waste Director P.O. Box 17177 (mailing address) 1207 Eubanks Rd. (physical address) Chapel Hill NC 27516 April 2021 RELEASE FOR BID NOT FOR CONSTRUCTION Bid No 367-OC5320: Orange County Solid Waste Eubanks Road C&D Landfill Permit No 68-04 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-111, Advertisement for Bids for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 ADVERTISEMENT FOR BIDS Orange County Solid Waste Orange County, North Carolina C&D Landfill Phase 2 Construction General Notice Orange County (Owner) is requesting Bids for the construction of the following Project: C&D Landfill Phase 2 Construction DAA PN: R00592-226N Bids for the construction of the Project will be received at the Orange County Solid Waste Operations Center located at 1514 Eubanks Road, Chapel Hill, North Carolina 27516, until Friday, May 21 at 2:00 pm local time. At that time the Bids received will be publicly opened and read. The Project includes the following Work: Work generally includes in construction of an approximate 3.3 acre landfill cell. Work involves excavation and stockpile of excess soils, placement and compaction of structural fill, and installation of a gravel perimeter road. Work also includes necessary erosion and sediment control, piezometer abandonment, and installation of a stormwater culverts. Obtaining the Bidding Documents Information and Bidding Documents for the Project can be found at the following designated website: www.daa.procureware.com Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources a other than the designated website. The Issuing Office for the Bidding Documents is: Draper Aden Associates 114 Edinburgh South Drive, Suite 200 Cary, North Carolina 27511 Prospective Bidders may obtain copies of the Bidding Documents from the Issuing Office as described below. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including addenda, if any, obtained from sources other than the Issuing Office. Bidding Documents may be downloaded free of charge from the designated website. Bid No 367-OC5320: Orange County Solid Waste Eubanks Road C&D Landfill Permit No 68-04 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-111, Advertisement for Bids for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 Pre-bid Conference A mandatory pre-bid conference for the Project will be held on Tuesday, May 11 at 10:00 am at the Orange County Solid Waste Operations Center Training Room, 1207 Eubanks Rd, Chapel Hill, NC 27516. Bids will not be accepted from Bidders that do not attend the mandatory pre-bid conference. Current County Covid 19 polices will be in effect. All attendees are required to have an acceptable face covering in place for the meeting and abide by social distancing. In addition, a Microsoft Teams option will be made available to registered plan holders on the daa.com plan room. If the number of attendees exceed the capacity of the meeting room, the meeting will be relocated outside of the building. Instructions to Bidders For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. This Advertisement is issued by: Owner: Orange County Solid Waste By: Robert Williams Title: Solid Waste Director Date: April 25, 2021 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C‐200, Instructions to Bidders for Construction Contract.  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  TOC Page1 of 1  INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT  TABLE OF CONTENTS  Page  Article 1— Defined Terms ............................................................................................................................. 1  Article 2— Bidding Documents ..................................................................................................................... 1  Article 3— Qualifications of Bidders ............................................................................................................. 2  Article 4— Pre‐Bid Conference ..................................................................................................................... 2  Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;  Other Work at the Site .................................................................................................................................. 3  Article 6— Bidder’s Representations and Certifications .............................................................................. 4  Article 7— Interpretations and Addenda ..................................................................................................... 5  Article 8— Bid Security ................................................................................................................................. 5  Article 9— Contract Times ............................................................................................................................ 6  Article 10— Substitute and “Or Equal” Items ............................................................................................... 6  Article 11— Subcontractors, Suppliers, and Others ..................................................................................... 6  Article 12— Preparation of Bid ..................................................................................................................... 7  Article 13— Basis of Bid ................................................................................................................................ 8  Article 14— Submittal of Bid ......................................................................................................................... 8  Article 15— Modification and Withdrawal of Bid ......................................................................................... 9  Article 16— Opening of Bids ......................................................................................................................... 9  Article 17— Bids to Remain Subject to Acceptance ................................................................................... 10  Article 18— Evaluation of Bids and Award of Contract .............................................................................. 10  Article 19— Bonds and Insurance ............................................................................................................... 10  Article 20— Signing of Agreement .............................................................................................................. 11  Article 21— Sales and Use Taxes ................................................................................................................ 11    DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 11 ARTICLE 1—DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders. ARTICLE 2—BIDDING DOCUMENTS 2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers. 2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances. 2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner. 2.04 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from the Issuing Office. Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner. 2.05 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination. Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as plan holders from the Bidding Documents Website or Issuing Office. Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room. 2.06 Electronic Documents A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified. 1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 2018 or later. It is the intent of the DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 11 Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies. B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information. ARTICLE 3—QUALIFICATIONS OF BIDDERS 3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work: A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments. B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract. C. Bidder’s state or other contractor license number, if applicable. D. Subcontractor and Supplier qualification information. E. Other required information regarding qualifications. 3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. ARTICLE 4—PRE-BID CONFERENCE 4.01 A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bidders who do not attend the conference. It is each Bidder’s responsibility to sign in at the pre-bid conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid. A list of qualified Bidders that attended the pre-bid conference and are eligible to submit a Bid for this Project will be issued in an Addendum. 4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 11 at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum. ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 5.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 5.02 Existing Site Conditions A. Underground Facilities: Underground Facilities are shown or indicated on the Drawings. Owner or Engineer make no warranty to the exact location of facilities shown. Contractor shall be required to perform any necessary investigations at the time of construction to verify exact location of existing underground facilities. 5.03 Other Site-related Documents A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference: 1. None. Owner will make copies of these other Site-related documents available to any Bidder on request. B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents. C. The other Site-related documents are not part of the Contract Documents. D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the Contract Documents and (2) the Technical Data. E. No other Site-related documents are available. 5.04 Site Visit and Testing by Bidders A. A Site visit is scheduled following the pre-bid conference. Maps to the Site will be available at the pre-Bid conference. B. Bidders visiting the Site are required to arrange their own transportation to the Site. C. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner contact for visiting the Site: Bruce Woody, Solid Waste Assistant Director – bwoody@orangecountync.gov. Bidder must conduct the required Site visit during normal working hours. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 11 D. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. E. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites. F. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. G. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 5.05 Owner’s Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions. 5.06 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS 6.01 Express Representations and Certifications in Bid Form, Agreement A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid. B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 11 ARTICLE 7—INTERPRETATIONS AND ADDENDA 7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents. 7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows: Steve Gandy, PE, PhD Draper Aden Assocaites 114 Edinburgh South Drive, Suite 200 Cary, North Carolina 27511 Email: sgandy@daa.com 7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered. 7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents. ARTICLE 8—BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 11 Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening. ARTICLE 9—CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Notice to Proceed. 9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS 10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. 10.02 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders. Bidders cannot rely upon approvals made in any other manner. 10.03 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk. ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS 11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 11 Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening: 11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in the General Conditions. ARTICLE 12—PREPARATION OF BID 12.01 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” 12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid. 12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown. 12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 11 12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown. 12.06 A Bid by an individual must show the Bidder’s name and official address. 12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown. 12.08 All names must be printed in ink below the signatures. 12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. 12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown. 12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid. 12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form. ARTICLE 13—BASIS OF BID 13.01 Unit Price A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with payment schedule within the Bid Form. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. ARTICLE 14—SUBMITTAL OF BID 14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 11 security and the other documents required to be submitted under the terms of Article 2 of the Bid Form. 14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement. 14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID 15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids. 15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work. ARTICLE 16—OPENING OF BIDS 16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 11 ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT 18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work. 18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. 18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive. 18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid. 18.05 Evaluation of Bids A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. 18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 19—BONDS AND INSURANCE 19.01 Article 4 of the General Conditions, as may be modified by any Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 11 and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation. 19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process. ARTICLE 20—SIGNING OF AGREEMENT 20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ARTICLE 21—SALES AND USE TAXES 21.01 Owner is nonexempt from North Carolina state sales and use taxes on materials and equipment to be incorporated in the Work. Pay applications shall include documentation of all taxes paid. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 Authority to Execute Contract - 1/1 AUTHORITY TO EXECUTE CONTRACT PART 1 - GENERAL 1.1 If the Bidder is a Corporation, attach to this page a certified copy of resolutions from the Board of Directors of the Corporation, authorizing an officer of the Corporation to execute the agreement contained within this document on behalf of the Corporation. END OF SECTION DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 BID FORM FOR CONSTRUCTION CONTRACT The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 1—OWNER AND BIDDER 1.01 This Bid is submitted to: Orange County Solid Waste Attention: Robert Williams 1514 Eubanks Road Chapel Hill, NC 27516 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—ATTACHMENTS TO THIS BID 2.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids; E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids; F. Required Bidder Qualification Statement with supporting data; G. MBE / HUB Documentation; and H. E-Verify Affidavit. I. Orange County Nondiscrimination Certification Bid No 367-OC5320: Orange County Solid Waste Eubanks Road C&D Landfill Permit No 68-04 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 ARTICLE 3—BASIS OF BID—UNIT PRICES 3.01 Unit Price Bids A. Bidder will perform the following Work at the indicated unit prices: Item No. Description Unit Estimated Quantity Bid Unit Price Bid Amount 1 Mobilization and Bonds LS 1 $ 2 Surveying and Construction Stakeout LS 1 $ 3 Erosion and Sediment Control LS 1 $ 4 Cell Gravel Access Ramp/Road SY 275 $ 5 Abandon Piezometer LS 1 $ 6 Excavate to Base Grades CY 10,500 $ 7 Structural Fill Placement CY 1,200 $ 8 15-Inch RCP (Temp. Culvert) LF 90 $ 9 24-Inch RCP (Culvert 2) LF 72 $ 10 Permanent Seeding and Stabilization LS 1 $ Total of All Unit Price Bid Items $ B. Bidder acknowledges that: 1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and 2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. 3. Items not specifically identified as a unit line item, but necessary to complete the project as shown on the plans and in the technical specifications 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. 3.02 Unit Cost Schedule Measurement and Basis for Payment A. The line items below provide further description of the unit cost items included in the project bid price and shall be used as a means of determining the value of Work added to or deleted from the Contract. The Unit Cost generally outlines each item and the corresponding unit price listed by the Contractor. The price associated with each item shall be the full compensation paid for the Work described, regardless of the items. The description of the item shall not limit or lessen the work associated with each item as called for in the plans and specifications. B. The Contractor shall provide quantity justification with pay requests for items paid on a unit rate basis. Quantities for unit price bid items shall be calculated based on the measurement. The Engineer reserves the right to make final decision regarding those quantities. Bid No 367-OC5320: Orange County Solid Waste Eubanks Road C&D Landfill Permit No 68-04 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 3.03 Unit Cost Items A. MOBILIZATION AND BONDS - This work shall consist of furnishing all necessary insurance, coinsurance, reinsurance, payment/performance bonds, local permits (including payment of permit fees), mobilization of equipment, forces, and personnel for the project. Work shall also consist of furnishing all necessary demobilization of equipment, forces, and personnel for the project. This line item shall be a maximum of 3% of the base bid price. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment, tools, and other items necessary and incidental to the completion of this work. Work under this line item will include coordination with and assisting the Engineer with execution and implementation of the CQA plan included in the project documents. B. SURVEYING AND CONSTRUCTION STAKEOUT - This Work shall consist of furnishing all labor, material, equipment, tools and other items necessary and incidental to perform surveying and construction stakeout as dictated by the Contract, including quantity verification, project record documents, and stakeout. Work shall include installing and protecting any necessary benchmarks. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment, tools, and other items necessary and incidental to the completion of this work. Final deliverable shall be an asbuilt topographic survey of the landfill cell signed and sealed by a Professional Land Surveyor registered in NC and also include a digital file in .dwg format. C. SEDIMENT AND EROSION CONTROL - This Work shall consist of furnishing all labor, material, equipment, tools and other items necessary and incidental to install and implement the Erosion and Sediment Control plan included in the Contract and Technical Specifications. This item includes maintaining the Erosion and Sediment Controls throughout the project until the site has been released by the Engineer and NCDEQ. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment, tools, and other items necessary and incidental to the completion of this work. D. CONSTRUCTION ENTRANCE – This work shall consist of furnishing all labor, material, equipment, tools and other items necessary and incidental to installing, maintain, and remove the temporary construction access into the Phase 2 cell area. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. E. ABANDON PIEZOMETER - This work shall consist of furnishing all labor, material, equipment, tools, other items necessary, and incidental to abandoning the existing piezometer shown on drawing C4.0. Piezometer shall be abandoned by a licensed well contractor, with documentation of proper well abandonment provided to the Engineer. Payment for this line item will be made upon a lump sum basis, established in the bid form, following Engineer confirmation of abandonment and receipt of the abandonment report from the licensed well contractor. F. EXCAVATE TO BASE GRADES – This work shall consist of furnishing all labor, material, equipment, tools and other items necessary and incidental to excavating material from the Phase 2 cell area for the purpose of establishing base grades. Excess soil shall be stockpiled at the identified soil stockpile locations as shown on the drawings, unless otherwise directed DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 by the Owner. Payment for this line item will be made upon a unit rate basis, established by field survey measurements, performed by the Contractor, and provided to the Engineer. G. STRUCTURAL FILL PLACEMENT - This work shall consist of furnishing all labor, material, equipment, tools and other items necessary and incidental to placing, spreading, compacting, and maintaining fill materials at the project site. Payment for this line item will be made upon a unit rate basis, established by field survey measurements, performed by the Contractor, and provided to the Engineer. H. 15 INCH RCP CULVERT - This Work shall consist of furnishing all labor, material, equipment, tools and other items necessary and incidental to the installation of the proposed 15-inch RCP culvert within the project area as dictated by the Contract. Work includes excavation, backfill, and other items necessary or incidental to completion of the work. Payment for this item shall be made on a unit price basis, as established by field measurements of final installation. I. 24 INCH RCP CULVERT - This Work shall consist of furnishing all labor, material, equipment, tools and other items necessary and incidental to the installation of the proposed 24-inch RCP culvert within the project area as dictated by the Contract. Work includes excavation, backfill, and other items necessary or incidental to completion of the work. Payment for this item shall be made on a unit price basis, as established by field measurements of final installation. J. PERMANENT SEEDING AND STABILIZATION - This Work shall consist of furnishing all labor, material, equipment, tools and other items necessary and incidental to install final permanent seeding, channel stabilization, and stabilize the project site. This Work item also includes the necessary maintenance of the seeding and necessary reseeding for a maintenance period as prescribed by the Contract. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment, tools, and other items necessary and incidental to the completion of this work. Work shall be warranted for entire warranty period to provide adequate site stabilization. Re-seeding and re-mulching to occur as needed for compliance with project E&S Control standards. ARTICLE 4—TIME OF COMPLETION 4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 4.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 5.01 Bid Acceptance Period A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 5.02 Instructions to Bidders A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. 5.03 Receipt of Addenda A. Bidder hereby acknowledges receipt of the following Addenda: [Add rows as needed. Bidder is to complete table.] Addendum Number Addendum Date ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS 6.01 Bidder’s Representations A. In submitting this Bid, Bidder represents the following: 1. Bidder has examined and carefully studied the Bidding Documents, including Addenda. 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder’s (Contractor’s) safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. 6.02 Bidder’s Certifications A. The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3. Bidder has not solicited or induced any individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A: a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 BIDDER hereby submits this Bid as set forth above: Bidder: (typed or printed name of organization) By: (individual’s signature) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign. Attest: (individual’s signature) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) Address for giving notices: Bidder’s Contact: Name: (typed or printed) Title: (typed or printed) Phone: Email: Address: Bidder’s Contractor License No.: (if applicable) DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 BID BOND (PENAL SUM FORM) Bidder Surety Name: [Full formal name of Bidder] Name: [Full formal name of Surety] Address (principal place of business): Address (principal place of business): [Address of Bidder’s principal place of business] [Address of Surety’s principal place of business] Owner Bid Name: Orange County Project (name and location): Address (principal place of business): [Owner project/contract name, and location of the project] 1514 Eubanks Road Chapel Hill, North Carolina 27516 Bid Due Date: [Enter date bid is due] Bond Penal Sum: [Amount] Date of Bond: [Date] Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. Bidder Surety (Full formal name of Bidder) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature) (Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation will be null and void if: 3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2. All Bids are rejected by Owner, or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent. 6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 BQS - 1/4 BIDDER'S QUALIFICATION STATEMENT 1. Name of Contractor 2. Years in Business 3. List five (5) similar projects that you have completed within the past five (5) years and give the name, address and telephone number of a reference from each. Also give the completed cost of each project listed. a) b) c) d) e) DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 BQS - 2/4 4. Have you ever failed to complete work awarded to you? If so, state where and why. 5. Do you plan to sublet any part of this work? If so, give details. List name, address, specialty and years of experience. 6. Have you ever performed similar landfill construction projects under the direction of a Consulting Engineer or Registered Architect? If so, list three such firms, giving the name of the firm, its address, telephone number and the name of the project. (List most recent projects.) a) b) c) DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 BQS - 3/4 7. List three material suppliers, including an individual's name and telephone number. a) b) c) 8. List bank references. Include an individual’s name and telephone number. 9. Bonding reference, name, address, telephone. 10. Are you on any list of debarred contractors maintained by the U.S. Department of Labor, the U.S. Department of Housing and Urban Development or the North Carolina Department of Transportation? Yes No 11. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by Draper Aden Associates in verification of the recitals comprising this statement of contractor's qualifications. 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name.) It is absolutely necessary that this information be furnished. Correct Name of Bidder DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 BQS - 4/4 (a) The Business is a (b) The address of principal place of business is: (c) Phone number (d) The name of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: _________________________________________________________________________ 13. Dated at this day of 20 . By Attest (Seal) DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid MBForms 2002-Revised July 2010 Identification of HUB Certified/ Minority Business Participation I, , (Name of Bidder) do hereby certify that on this project, we will use the following HUB Certified/ minority business as construction subcontractors, vendors, suppliers or providers of professional services. Firm Name, Address and Phone # Work Type *Minority **HUB Category Certified (Y/N) *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. The total value of minority business contracting will be ($) . DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid MBForms 2002-Revised July 2010 State of North Carolina AFFIDAVIT A – Listing of Good Faith Efforts County of (Name of Bidder) Affidavit of I have made a good faith effort to comply under the following areas checked: Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 30 I.0101)  1 – (10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed.  2 --(10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due.  3 – (15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation.  4 – (10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses.  5 – (10 pts) Attended prebid meetings scheduled by the public owner.  6 – (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors.  7 – (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing.  8 – (25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit.  9 – (20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible.  10 - (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth. Date: Name of Authorized Officer: Signature: Title: State of______________, County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid MBForms 2002-Revised July 2010 State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract with Own Workforce. County of Affidavit of (Name of Bidder) I hereby certify that it is our intent to perform 100% of the work required for the contract. (Name of Project) In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces; and The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The Bidder agrees to make a Good Faith Effort to utilize minority suppliers where possible. The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained. Date: Name of Authorized Officer: Signature: Title: State of _________ __ , County of ________________________ Subscribed and sworn to before me this day of 20___ Notary Public My commission expires SEAL DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid MBForms 2002-Revised July 2010 State of North Carolina - AFFIDAVIT C - Portion of the Work to be Performed by HUB Certified/Minority Businesses County of (Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.) If the portion of the work to be executed by HUB certified/minority businesses as defined in GS143- 128.2(g) and 128.4(a),(b),(e) is equal to or greater than 10% of the bidders total contract price, then the bidder must complete this affidavit. This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours after notification of being low bidder. Affidavit of I do hereby certify that on the (Name of Bidder) (Project Name) Project ID# Amount of Bid $ I will expend a minimum of % of the total dollar amount of the contract with minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. Attach additional sheets if required Name and Phone Number *Minority Category **HUB Certified Y/N Work Description Dollar Value *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. Date: Name of Authorized Officer: Signature: Title: State of , County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid MBForms 2002-Revised May 2010 -1- State of North Carolina AFFIDAVIT D – Good Faith Efforts County of (Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.) If the goal of 10% participation by HUB Certified/ minority business is not achieved, the Bidder shall provide the following documentation to the Owner of his good faith efforts: Affidavit of I do hereby certify that on the (Name of Bidder) (Project Name) Project ID# Amount of Bid $ I will expend a minimum of % of the total dollar amount of the contract with HUB certified/ minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. (Attach additional sheets if required) Name and Phone Number *Minority Category **HUB Certified Y/N Work Description Dollar Value *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. Examples of documentation that may be required to demonstrate the Bidder's good faith efforts to meet the goals set forth in these provisions include, but are not necessarily limited to, the following: A. Copies of solicitations for quotes to at least three (3) minority business firms from the source list provided by the State for each subcontract to be let under this contract (if 3 or more firms are shown on the source list). Each solicitation shall contain a specific description of the work to be subcontracted, location where bid documents can be reviewed, representative of the Prime Bidder to contact, and location, date and time when quotes must be received. B. Copies of quotes or responses received from each firm responding to the solicitation. C. A telephone log of follow-up calls to each firm sent a solicitation. D. For subcontracts where a minority business firm is not considered the lowest responsible sub-bidder, copies of quotes received from all firms submitting quotes for that particular subcontract. E. Documentation of any contacts or correspondence to minority business, community, or contractor organizations in an attempt to meet the goal. F. Copy of pre-bid roster G. Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority business. H. Letter detailing reasons for rejection of minority business due to lack of qualification. I. Letter documenting proposed assistance offered to minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required. Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next lowest responsible and responsive bidder. Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid MBForms 2002-Revised May 2010 -2- The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. Date: Name of Authorized Officer: Signature: Title: State of , County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 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 Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 20__. My Commission Expires: Notary Public (Affix Official/Notarial Seal) DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Chapter 12 Civil Rights. Sections 12-23 – 12-49 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. Sec. 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, 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- NDO-1 of 5Orange County C&D Landfill Phase 2 Construction DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 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. 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 Orange 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. Orange County C&D Landfill Phase 2 Construction NDO-2 of 5 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 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: 1. 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 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. Orange County C&D Landfill Phase 2 Construction NDO-3 of 5 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 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 Orange County C&D Landfill Phase 2 Construction NDO-4 of 5 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 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 Orange County C&D Landfill Phase 2 Construction NDO-5 of 5 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 1 Revised 07/20 EXHIBIT 1----GENERAL CONDITIONS Table of Contents Page Article 1. Definitions......................................................................................................................3 Article 2. Correlation, Interpretation, and Intent of Contract Documents……...............................7 Article 3. Familiarity with Work, Conditions and Laws..................................................................8 Article 4. Bonds............................................................................................................................9 Article 5. Insurance and Indemnity ..............................................................................................9 Article 6. Other Record Documents and Submittals...................................................................16 Article 7. Contractor....................................................................................................................18 Article 8. Owner .........................................................................................................................26 Article 9. Construction Manager ................................................................................................26 Article 10. Designer ...................................................................................................................26 Article 11. Testing and Surveying..............................................................................................27 Article 12. Separate Contracts...................................................................................................27 Article 13. 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 Article 21. Final Payment..........................................................................................................40 Article 22. Contractor, Subcontractor and Supplier Affidavit ....................................................41 Article 23. Assignments and Subcontracts................................................................................41 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 2 Revised 07/20 Article 24. Measurements........................................................................................................41 Article 25. Contractor and Subcontractor Relationships..........................................................42 Article 26. Use of Premises .....................................................................................................42 Article 27. Cutting, Patching and Fitting ..................................................................................42 Article 28. Dispute Resolution ................................................................................................43 Article 29. 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 Article 37. General...................................................................................................................46 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 3 Revised 07/20 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 or an adjustment in the Contract Price 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 or Contract 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. 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 4 Revised 07/20 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, 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 the Contractor within the time specified, the Owner will execute and deliver the Agreement to him. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 5 Revised 07/20 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 6 Revised 07/20 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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 7 Revised 07/20 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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 8 Revised 07/20 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, 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 9 Revised 07/20 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 Contractor must receive specific written approval from the Owner prior to proceeding with any Work under the Agreement. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 10 Revised 07/20 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. 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 11 Revised 07/20 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 in favor of the Owner as well as other endorsements that may be required by applicable jurisdictions. 5.1.2 Automobile Liability Insurance DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 12 Revised 07/20 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. f) Personal Injury g) Cross Liability/Severability of Interest clause. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 13 Revised 07/20 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 “claims 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. 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 or Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 14 Revised 07/20 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 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 15 Revised 07/20 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 16 Revised 07/20 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 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 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. 5.5 RISK MANAGEMENT POLICY DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 17 Revised 07/20 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. 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 18 Revised 07/20 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. 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 19 Revised 07/20 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 20 Revised 07/20 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 21 Revised 07/20 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, permissions, and 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 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, DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 22 Revised 07/20 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 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 23 Revised 07/20 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 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 inconvenience, delay, interference, or other action or non-action of the Contractor or the Contractor’s Subcontractors on the Project. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 24 Revised 07/20 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 expedite the Work not expressly reserved to the Owner by other provisions of the Contract Documents. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 25 Revised 07/20 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: 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 26 Revised 07/20 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 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 27 Revised 07/20 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 28 Revised 07/20 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 or an extension of Contract Time, the Contractor may make a claim therefore as provided in Article 14 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 29 Revised 07/20 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 30 Revised 07/20 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 November 8 December 9 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 31 Revised 07/20 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 or an extension or shortening of the Contract Time, adjustments shall be made as provided in Article 14 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 32 Revised 07/20 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 or an extension of Contract Time, he may make a claim therefore as provided in Article 14 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 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 33 Revised 07/20 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 34 Revised 07/20 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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 35 Revised 07/20 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 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 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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 36 Revised 07/20 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. 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) DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 37 Revised 07/20 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 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 38 Revised 07/20 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: a) Defective Work not corrected. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 39 Revised 07/20 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 40 Revised 07/20 ARTICLE 21. FINAL PAYMENT 21.1 If the Work of the Contractor is limited to demolition, pilings, caissons and 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 not finally resolved. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 41 Revised 07/20 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 42 Revised 07/20 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 43 Revised 07/20 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.orangecountync.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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 44 Revised 07/20 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 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 45 Revised 07/20 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. 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 46 Revised 07/20 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. f) 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. 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. END OF GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION—EXHIBIT 1 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 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 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-510, Notice of Award. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 NOTICE OF AWARD Date of Issuance: Owner: Orange County Owner’s Project No.: Engineer: Draper Aden Associates Engineer’s Project No.: R00592-226N Project: C&D Landfill Phase 2 Construction Contract Name: Bidder: Bidder’s Address: You are notified that Owner has accepted your Bid dated [date] for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: [Describe Work, alternates, or sections of Work awarded] The Contract Price of the awarded Contract is $[Contract Price]. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable. [Number of copies sent] unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. ☐ Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner [number of copies sent] counterparts of the Agreement, signed by Bidder (as Contractor). 2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions. 3. Other conditions precedent (if any): [Describe other conditions that require Successful Bidder’s compliance] Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated. Owner: [Full formal name of Owner] By (signature): Name (printed): Title: Copy: Engineer DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 1 [Departmental Use Only] TITLE FY NORTH CAROLINA CONSTRUCTION AGREEMENT OVER $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”). W I T N E S S E T H: 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 General Conditions which are fully incorporated in this Agreement, the Request for Proposals, designer approved communications and field orders, the Proposal, Construction Documents and 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 and incorporated General Conditions attached as Exhibit 1. b. Designer approved and stamped construction documents and drawings and written specifications. c. Designer approved communications and field orders. d. Request for Proposals and addenda thereto. e. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible for 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 Designer. c. proposal dated , 20 which fully describes the work to be performed, such work (hereinafter called the “Work”). DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 2 d. Related documents listed under Section 2 above. 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 included 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. 4. STANDARD OF CARE AND DUTIES OF CONTRACTOR a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the 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 Contractor, Subcontractor, and Sub-subcontractor errors or omissions, in the performance of the Agreement together with the errors and omissions of any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor. 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. 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.orangecountync.gov/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. f. If activities related to the performance of this Agreement require specific licenses, DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 3 certifications, or related credentials Contractor represents that it and its employees, agents 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. g. The Contractor shall supervise and direct the Work efficiently and with the Contractor’s best skill and attention. Except as specifically set forth 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. h. The Contractor shall appoint a competent Project Manager with general authority to manage the Project for the Contractor. The Contractor shall also keep on the Project at all times during the Work of the Contractor a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Designer or by the Owner if a Designer is not retained for the Project. i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the Contract Price if and when directed by the Designer. j. The Contractor shall attend all progress conferences and all other meetings or conferences. The Contractor shall be represented at these progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor. Any Work in which untested materials are used without written approval or written permission of the Owner or Designer shall be removed and replaced at Contractor’s expense. l. The Contractor shall obtain all necessary permits including all permits required to complete the Work in compliance with local, state, and federal law. 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 Designer if a Designer 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 4 Owner on or before the last business day of the month. Owner shall retain five percent (5%) (the “Retainage”). (1) Upon Owner’s Representative’s certification that fifty percent (50%) of the Work has been satisfactorily completed Retainage shall be reduced to two and one half percent (2½%). (2) 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 Final Completion of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d) 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 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. d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the Work performed related to a Request for Payment, Owner shall have the authority to withhold payment of the disputed amount until parties resolve their dispute. Failure to pay the Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the Agreement. 6. 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 without penalty to Owner immediately upon written notice to Contractor of the unavailability DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 5 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. 7. 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 8. 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 Designer, if a Designer 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 Designer under this section shall be paid at Contractor’s expense. e. The County has designated ( ) to act as the County's representative with respect to the Project 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 6 hours as often as may be reasonably required to render decisions and to furnish information. f. 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. g. 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. h. 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. 9. CONSEQUENTIAL DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: (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. 10. 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 or General Conditions shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 7 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY: CONTRACTOR: By: _________________________________ By: __________________________________ Printed Name and Title DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Revised 07/20 8 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:_________ DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 4 PERFORMANCE BOND Contractor Surety Name: [Full formal name of Contractor] Name: [Full formal name of Surety] Address (principal place of business): Address (principal place of business): [Address of Contractor’s principal place of business] [Address of Surety’s principal place of business] Owner Contract Name: [Full formal name of Owner] Description (name and location): Mailing address (principal place of business): [Owner’s project/contract name, and location of the project] [Address of Owner’s principal place of business] Contract Price: [Amount from Contract] Effective Date of Contract: [Date from Contract] Bond Bond Amount: [Amount] Date of Bond: [Date] (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ☐ None ☐ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 4 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 4 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 16. Modifications to this Bond are as follows: None. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 4 PAYMENT BOND Contractor Surety Name: [Full formal name of Contractor] Name: [Full formal name of Surety] Address (principal place of business): Address (principal place of business): [Address of Contractor’s principal place of business] [Address of Surety’s principal place of business] Owner Contract Name: [Full formal name of Owner] Description (name and location): Mailing address (principal place of business): [Owner’s project/contract name, and location of the project] [Address of Owner’s principal place of business] Contract Price: [Amount, from Contract] Effective Date of Contract: [Date, from Contract] Bond Bond Amount: [Amount] Date of Bond: [Date] (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ☐ None ☐ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 4 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety’s obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2. Pay or arrange for payment of any undisputed amounts. 7.3. The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 4 8. The Surety’s total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1. Claim—A written statement by the Claimant including at a minimum: 16.1.1. The name of the Claimant; 16.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 16.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 16.1.4. A brief description of the labor, materials, or equipment furnished; DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 16.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 16.1.7. The total amount of previous payments received by the Claimant; and 16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond is to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18. Modifications to this Bond are as follows: None. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 006216 - 1/1 SECTION 006216 - CERTIFICATE OF INSURANCE (Attach Certificates of Insurance to this Section) END OF SECTION 006216 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 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 Products/Completed Operation Explosion, Collapse & Underground (XCU) $1,000,000/$2,000,000 Per accident As above $1,000,000/$2,000,000 As Above If any, Limit to be determined. $1,000,000/$2,000,000 As above If any, TBD. $1,000,000* As Above If any, TBD. $1,000,000 $1,000,000 Automobile Liability $1,000,000 (CSL) Per occurrence $1,000,000* $1,000,000* $1,000,000* N/A N/A **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 may be required on a risk profile depending on nature of services provided by contract. Coverage required for professional service such as accountant, attorney, architect, design, engineering, health care and most consultants. $1,000,000 per occurrence $1,000,000 TBD TBD N/A N/A Sexual Misconduct (Sexual Abuse/Molestation) may be required for contractors working directly one-on-one with children and elderly or in overnight sheltering capacities. $1,000,000/$2,000,000 $1,000,000/$2,000,000 TBD TBD N/A TBD Cyber Liability may be required for contractors having access to personal identifying information, and/or computer networks. $1,000,000/$2,000,000 TBD TBD TBD N/A Environmental/Pollution Liability required if demolition, use of N/A $1,000,000 $1,000,000+* $1,000,000+* N/A N/A DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED 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 property due to dishonest acts). Only for contracts such as Banking, Janitorial, Fundraising, TPA’s and similar, ETA TBD Amount depends on exposure to loss TBD TBD N/A N/A 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. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 009113 - 1/1 SECTION 009113 - ADDENDA Attach Addenda to this Section END OF SECTION 009113 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-550, Notice to Proceed. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 NOTICE TO PROCEED Owner: Orange County Owner’s Project No.: Engineer: Draper Aden Associates Engineer’s Project No.: R00592-226N Contractor: Contractor’s Project No.: Project: C&D Landfill Phase 2 Construction Contract Name: Effective Date of Contract: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on [date Contract Times are to start]. On that date, Contractor shall start performing its obligations under the Contract Documents. No Work will be done at the Site prior to such date. In accordance with the Agreement: The number of days to achieve Substantial Completion is 150 from the date stated above for the commencement of the Contract Times, resulting in a date for Substantial Completion of [date, calculated from commencement date above]; and the number of days to achieve readiness for final payment is 180 from the commencement date of the Contract Times, resulting in a date for readiness for final payment of [date, calculated from commencement date above]. Before starting any Work at the Site, Contractor must comply with the following: [Note any access limitations, security procedures, or other restrictions] Owner: [Full formal name of Owner] By (signature): Name (printed): Title: Date Issued: Copy: Engineer DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED From 1. 2. 3. 4. 5. a.X b.X c. 6. 7. 8. 9. Contractor's Application for Payment Application No.: Orange County Draper Aden Associates C&D Landfill Phase 2 Construction Owner's Project No.: Engineer's Project No.: Contractor's Project No.: Application Period: Contract: Owner: Contractor: Engineer: Project: By: Title: Date: By: Title: -$ Date: Signature:Date: Contractor's Certification Balance to finish, including retainage (Line 3 - Line 4) Approved by Owner The undersigned Contractor certifies, to the best of its knowledge, the following: (1) All previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment; (2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to Owner at time of payment free and clear of all liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such liens, security interest, or encumbrances); and (3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. Recommended by Engineer Application Date: Approved by Funding Agency By: Title: Date: By: Title: Date: to Original Contract Price $ - -$ $ - Total Work completed and materials stored to date (Sum of Column G Lump Sum Total and Column J Unit Price Total) Retainage Work Completed Stored Materials Total Retainage (Line 5.a + Line 5.b) Amount eligible to date (Line 4 - Line 5.c) Less previous payments (Line 6 from prior application) Amount due this application -$ -$ -$ -$ -$ -$ -$ R00592-226N Current Contract Price (Line 1 + Line 2) Contractor: -$ Net change by Change Orders EJCDC C-620 Contractor's Application for Payment (c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Owner: Engineer:R00592-226N Contractor: Project: Contract: Application No.: From to A C D E F G H I (D + E) From Previous Application ($) This Period ($) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -$ -$ -$ -$ -$ -$ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Draper Aden Associates C&D Landfill Phase 2 Construction Engineer's Project No.: Contractor's Project No.: B Original Contract % of Scheduled Value (G / C) (%) Balance to Finish (C - G) ($) Materials Currently Stored (not in D or E) ($) Work Completed and Materials Stored to Date (D + E + F) ($) Progress Estimate - Lump Sum Work Contractor's Application for Payment Orange County Owner's Project No.: Application Period:Application Date: Original Contract Totals Work Completed Item No.Description Scheduled Value ($) Change Orders Change Order Totals Project Totals Original Contract and Change Orders Lump Sum EJCDC C-620 Contractor's Application for Payment (c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.2 of 4 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED R00592-226N From to A C D E F G H I J K L Item Quantity Units Unit Price ($) Value of Bid Item (C X E) ($) Estimated Quantity Incorporated in the Work Value of Work Completed to Date (E X G) ($) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -$ -$ -$ -$ -$ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Contractor's Application for PaymentProgress Estimate - Unit Price Work Owner's Project No.: Engineer's Project No.: Contractor's Project No.: Orange County Draper Aden Associates C&D Landfill Phase 2 Construction Owner: Application Date:Application Period:Application No.: Engineer: Contractor: Project: Contract: B Original Contract % of Value of Item (J / F) (%) Balance to Finish (F - J) ($)Description Work Completed Materials Currently Stored (not in G) ($) Work Completed and Materials Stored to Date (H + I) ($) Contract Information Bid Item No. Original Contract Totals Project Totals Change Order Totals Original Contract and Change Orders Change Orders Unit Price EJCDC C-620 Contractor's Application for Payment (c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.3 of 4 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Owner: Engineer:R00592-226N Contractor: Project: Contract: Application No.:Application Period: From to A B C D E F G H I J K L M Previous Amount Stored ($) Amount Stored this Period ($) Amount Stored to Date (G+H) ($) Amount Previously Incorporated in the Work ($) Amount Incorporated in the Work this Period ($) Total Amount Incorporated in the Work (J+K) ($) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -$ -$ -$ -$ -$ -$ -$ Contractor's Application for Payment Materials Stored Incorporated in Work C&D Landfill Phase 2 Construction Materials Remaining in Storage (I-L) ($) Application No. When Materials Placed in Storage Orange County Draper Aden Associates Owner's Project No.: Engineer's Project No.: Contractor's Project No.: Application Date: Stored Materials Summary Totals Storage Location Description of Materials or Equipment Stored Submittal No. (with Specification Section No.) Supplier Invoice No. Item No. (Lump Sum Tab) or Bid Item No. (Unit Price Tab) Stored Materials EJCDC C-620 Contractor's Application for Payment (c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.4 of 4 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SALES TAX REPORT FROM _________________________ TO ____ PROJECT: ____ CONTRACTOR: _________________________________ OWNER: ____ FOR PERIOD _______________, 20___ TO _______________, 20___ VENDOR ADDRESS INVOICE DATE AMOUNT N.C. TAX COUNTY TAX NAME OF COUNTY being duly sworn, certifies that the foregoing statement of sales taxes paid in connection with the referenced contract is true to the best of his or her knowledge and belief. , Signature Title Sworn to before me this __________ day of _____________, 20____. My commission expires __________________, 20____. Notary Public ST - 1 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-940, Work Change Directive. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 WORK CHANGE DIRECTIVE NO.: [Number of Work Change Directive] Owner: Orange County Owner’s Project No.: Engineer: Draper Aden Associates Engineer’s Project No.: R00592-226N Contractor: Contractor’s Project No.: Project: C&D Landfill Phase 2 Construction Contract Name: Date Issued: Effective Date of Work Change Directive: Contractor is directed to proceed promptly with the following change(s): Description: [Description of the change to the Work] Attachments: [List documents related to the change to the Work] Purpose for the Work Change Directive: [Describe the purpose for the change to the Work] Directive to proceed promptly with the Work described herein, prior to agreeing to change in Contract Price and Contract Time, is issued due to: Notes to User—Check one or both of the following ☐ Non-agreement on pricing of proposed change. ☐ Necessity to proceed for schedule or other reasons. Estimated Change in Contract Price and Contract Times (non-binding, preliminary): Contract Price: $ [increase] [decrease] [not yet estimated]. Contract Time: days [increase] [decrease] [not yet estimated]. Basis of estimated change in Contract Price: ☐ Lump Sum ☐ Unit Price ☐ Cost of the Work ☐ Other Recommended by Engineer Authorized by Owner By: Title: Date: DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-941, Change Order. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 1 of 1 CHANGE ORDER NO.: [Number of Change Order] Owner: Orange County Owner’s Project No.: Engineer: Draper Aden Associates Engineer’s Project No.: R00592-226N Contractor: Contractor’s Project No.: Project: C&D Landfill Phase 2 Construction Contract Name: Date Issued: Effective Date of Change Order: The Contract is modified as follows upon execution of this Change Order: Description: [Description of the change] Attachments: [List documents related to the change] Change in Contract Price Change in Contract Times [State Contract Times as either a specific date or a number of days] Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for final payment: [Increase] [Decrease] from previously approved Change Orders No. 1 to No. [Number of previous Change Order]: [Increase] [Decrease] from previously approved Change Orders No.1 to No. [Number of previous Change Order]: Substantial Completion: $ Ready for final payment: Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: [Increase] [Decrease] this Change Order: [Increase] [Decrease] this Change Order: Substantial Completion: $ Ready for final payment: Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: Recommended by Engineer (if required) Authorized by Owner By: Title: Date: Authorized by Owner Approved by Funding Agency (if applicable) By: Title: Date: DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-942, Field Order. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 1 of 1 FIELD ORDER NO.: [Number of Field Order] Owner: Orange County Owner’s Project No.: Engineer: Draper Aden Associates Engineer’s Project No.: R00592-226N Contractor: Contractor’s Project No.: Project: C&D Landfill Phase 2 Construction Contract Name: Date Issued: Effective Date of Field Order: Contractor is hereby directed to promptly perform the Work described in this Field Order, issued in accordance with Paragraph 11.04 of the General Conditions, for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with this Work. Reference: Specification Section(s): Drawing(s) / Details (s): Description: [Description of the change to the Work] Attachments: [List documents supporting change] Issued by Engineer By: Title: Date: DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 Release of Liens - 1/1 CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS TO: (OWNER) ________________________________ PROJECT INFORMATION (Name & Location) ________________________________ CONTRACT DATE The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: _____________________________________________________________________________________ _______________________________________________________ ______________________________________________________________________ SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. CONTRACTOR: _________________________ Address: _______________________________ _______________________________ By: _______________________________ Notary: Subscribed and sworn to before me this date: ______________ Signature Notary Public :___________________ Printed Name: ___________________________ My Commission Expires: ___________________ DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED EJCDC® C-625, Certificate of Substantial Completion. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: Orange County Owner’s Project No.: Engineer: Draper Aden Associates Engineer’s Project No.: R00592-226N Contractor: Contractor’s Project No.: Project: C&D Landfill Phase 2 Construction Contract Name: C&D Landfill Phase 2 Construction This ☐ Preliminary ☐ Final Certificate of Substantial Completion applies to: ☐ All Work ☐ The following specified portions of the Work: [Describe the portion of the work for which Certificate of Substantial Completion is issued] Date of Substantial Completion: [Enter date, as determined by Engineer] The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract. A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all- inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor; see Paragraph 15.03.D of the General Conditions. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work must be as provided in the Contract, except as amended as follows: Amendments to Owner’s Responsibilities: ☐ None ☐ As follows: [List amendments to Owner’s Responsibilities] Amendments to Contractor’s Responsibilities: ☐ None ☐ As follows: [List amendments to Contractor’s Responsibilities] The following documents are attached to and made a part of this Certificate: [List attachments such as punch list; other documents] This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Engineer By (signature): Name (printed): Title: DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 012900 - 1/3 SECTION 012900 - PAYMENT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements necessary to prepare and process Applications for Payment. 1.3 APPLICATIONS FOR PAYMENT A. Each Application for Payment following the initial Application for Payment shall be consistent with previous applications and payments, as certified by Engineer and paid for by Owner. B. Payment Application Times: Submit Application for Payment to Engineer by the 5th day of the month. The period covered by each Application for Payment is one month, ending on the last day of the month. 1. Submit draft copy of Application for Payment seven days prior to due date for review by Engineer. 2. Submit supporting data with pay applications. Supporting data includes, but is not limited to: scale tickets, landfill receipts, certified survey or measurement of final construction, provided by the Contractor. a. Owner and Engineer reserve the right to verify all measurements and supporting documentation. C. Application for Payment Forms: Use EJCDC Document C-620 as form for Applications for Payment. 1. Other Application for Payment forms proposed by the Contractor may be acceptable to Engineer and Owner. Submit forms for approval with initial submittal of schedule of values. D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Engineer will return incomplete applications without action. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 012900 - PAYMENT PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 012900 - 2/3 1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made. 2. Include amounts for work completed following previous Application for Payment, whether or not payment has been received. Include only amounts for work completed at time of Application for Payment. 3. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. 4. Indicate separate amounts for work being carried out under Owner-requested project acceleration. E. Stored Materials: Include in Application for Payment amounts applied for materials or equipment purchased or fabricated and stored, but not yet installed. Differentiate between items stored on-site and items stored off-site. 1. Provide certificate of insurance, evidence of transfer of title to Owner, and consent of surety to payment for stored materials. 2. Provide supporting documentation that verifies amount requested, such as paid invoices. Match amount requested with amounts indicated on documentation; do not include overhead and profit on stored materials. 3. Provide summary documentation for stored materials indicating the following: a. Value of materials previously stored and remaining stored as of date of previous Applications for Payment. b. Value of previously stored materials put in place after date of previous Application for Payment and on or before date of current Application for Payment. c. Value of materials stored since date of previous Application for Payment and remaining stored as of date of current Application for Payment. F. Transmittal: Submit three signed and notarized original copies of each Application for Payment to Engineer by a method ensuring receipt. One copy shall include waivers of lien and similar attachments if required. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. G. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Schedule of values. 3. Contractor's construction schedule (preliminary if not final). 4. Combined Contractor's construction schedule (preliminary if not final) incorporating Work of multiple contracts, with indication of acceptance of schedule by each Contractor. 5. Products list (preliminary if not final). DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 012900 - PAYMENT PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 012900 - 3/3 H. Application for Payment at Substantial Completion: After Engineer issues the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. a. Complete administrative actions, submittals, and Work preceding this application, as described in Section 017700 "Closeout Procedures." 2. This application shall reflect Certificate(s) of Substantial Completion issued previously for Owner occupancy of designated portions of the Work. I. Final Payment Application: After completing Project closeout requirements, submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Certification of completion of final punch list items. 3. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 4. Updated final statement, accounting for final changes to the Contract Sum. 5. Evidence that claims have been settled. 6. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. 7. Final liquidated damages settlement statement. 8. Proof that taxes, fees, and similar obligations are paid. 9. Waivers and releases. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012900 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 013300 - 1/7 SECTION 013300 - SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Submittal schedule requirements. 2. Administrative and procedural requirements for submittals. B. Related Requirements: 1. Section 012900 "Payment Procedures" for submitting Applications for Payment and the schedule of values. 2. Section 014500 "Quality Control" for submitting test and inspection reports, and schedule of tests and inspections. 3. Section 017700 "Closeout Procedures" for submitting closeout submittals and maintenance material submittals. 1.3 DEFINITIONS A. Action Submittals: Written and graphic information and physical samples that require Engineer's responsive action. Action submittals are those submittals indicated in individual Specification Sections as "action submittals." B. Informational Submittals: Written and graphic information and physical samples that do not require Engineer's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as "informational submittals." 1.4 SUBMITTAL SCHEDULE A. Submittal Schedule: Submit, as an action submittal, a list of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making corrections or revisions to submittals noted by Engineer and additional time for handling and reviewing submittals required by those corrections. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 013300 - SUBMITTAL PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 013300 - 2/7 1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule. 2. Initial Submittal Schedule: Submit concurrently with startup construction schedule. Include submittals required during the first 60 days of construction. List those submittals required to maintain orderly progress of the Work and those required early because of long lead time for manufacture or fabrication. 3. Final Submittal Schedule: Submit concurrently with the first complete submittal of Contractor's construction schedule. a. Submit revised submittal schedule as required to reflect changes in current status and timing for submittals. 4. Format: Arrange the following information in a tabular format: a. Scheduled date for first submittal. b. Specification Section number and title. c. Submittal Category: Action; informational. d. Name of subcontractor. e. Description of the Work covered. f. Scheduled date for Engineer's final release or approval. g. Scheduled dates for purchasing. h. Scheduled date of fabrication. i. Scheduled dates for installation. j. Activity or event number. 1.5 SUBMITTAL FORMATS A. Submittal Information: Include the following information in each submittal: 1. Project name. 2. Date. 3. Name of Engineer. 4. Name of Contractor. 5. Name of firm or entity that prepared submittal. 6. Names of subcontractor, manufacturer, and supplier. 7. Unique submittal number, including revision identifier. Include Specification Section number with sequential alphanumeric identifier and alphanumeric suffix for resubmittals. 8. Category and type of submittal. 9. Submittal purpose and description. 10. Number and title of Specification Section, with paragraph number and generic name for each of multiple items. 11. Drawing number and detail references, as appropriate. 12. Indication of full or partial submittal. 13. Location(s) where product is to be installed, as appropriate. 14. Other necessary identification. 15. Remarks. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 013300 - SUBMITTAL PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 013300 - 3/7 16. Signature of transmitter. B. Options: Identify options requiring selection by Engineer. C. Deviations and Additional Information: On each submittal, clearly indicate deviations from requirements in the Contract Documents, including minor variations and limitations; include relevant additional information and revisions, other than those requested by Engineer on previous submittals. Indicate by highlighting on each submittal or noting on attached separate sheet. D. Electronic Submittals: Prepare submittals as PDF package, incorporating complete information into each PDF file. Name PDF file with submittal number. 1.6 SUBMITTAL PROCEDURES A. Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections. 1. Email: Prepare submittals as PDF package and transmit to Engineer by sending via email. Include PDF transmittal form. Include information in email subject line as requested by Engineer. a. Engineer will return annotated file. Annotate and retain one copy of file as a digital Project Record Document file. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. 3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals. 4. Coordinate transmittal of submittals for related parts of the Work specified in different Sections, so processing will not be delayed because of need to review submittals concurrently for coordination. a. Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Engineer’s receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 013300 - SUBMITTAL PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 013300 - 4/7 1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Engineer will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 15 days for review of each resubmittal. D. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block, and clearly indicate extent of revision. 3. Resubmit submittals until they are marked with approval notation from Engineer. E. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. F. Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Engineer's action stamp. 1.7 SUBMITTAL REQUIREMENTS A. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard published data are unsuitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's product specifications. b. Standard color charts. c. Statement of compliance with specified referenced standards. d. Testing by recognized testing agency. e. Application of testing agency labels and seals. f. Notation of coordination requirements. g. Availability and delivery time information. 4. Submit Product Data before Shop Drawings, and before or concurrently with Samples. B. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Identification of products. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 013300 - SUBMITTAL PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 013300 - 5/7 b. Schedules. c. Compliance with specified standards. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified. 2. Paper Sheet Size: Except for templates, patterns, and similar full-size Drawings, submit Shop Drawings on sheets at least 12 inches by 18 inches, but no larger than 30 by 42 inches. a. Two opaque (bond) copies of each submittal. Engineer, through Construction Manager, will return one copy. C. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form: 1. Type of product. Include unique identifier for each product indicated in the Contract Documents or assigned by Contractor if none is indicated. 2. Manufacturer and product name, and model number if applicable. 3. Number and name of room or space. 4. Location within room or space. D. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of Engineers and owners, and other information specified. E. Certificates: 1. Certificates and Certifications Submittals: Submit a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. Provide a notarized signature where indicated. 2. Installer Certificates: Submit written statements on manufacturer's letterhead, certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. 3. Manufacturer Certificates: Submit written statements on manufacturer's letterhead, certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. 4. Material Certificates: Submit written statements on manufacturer's letterhead, certifying that material complies with requirements in the Contract Documents. 5. Product Certificates: Submit written statements on manufacturer's letterhead, certifying that product complies with requirements in the Contract Documents. 6. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of AWS B2.1/B2.1M on AWS forms. Include names of firms and personnel certified. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 013300 - SUBMITTAL PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 013300 - 6/7 F. Test and Research Reports: 1. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for substrate preparation and primers required. 2. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. 3. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. 4. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. 5. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. 1.8 CONTRACTOR'S REVIEW A. Action Submittals and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Engineer. B. Contractor's Approval: Indicate Contractor's approval for each submittal with Contractor’s signature or seal. Include name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 1. Engineer will not review submittals received from Contractor that do not have Contractor's review and approval. 1.9 ENGINEER'S REVIEW A. Action Submittals: Engineer will review each submittal, indicate corrections or revisions required, and return. 1. PDF Submittals: Engineer will indicate, via markup on each submittal, the appropriate action. B. Informational Submittals: Engineer will review each submittal and will not return it, or will return it if it does not comply with requirements. Engineer will forward each submittal to appropriate party. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 013300 - SUBMITTAL PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 013300 - 7/7 C. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Engineer. D. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 013300 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 02300 - 1/1 SUBMITTAL FORM Job Name: Orange County C&D Landfill Phase 2 Construction Submittal No.______ Date: __________________ Description: __________________________________________________________________ Contractor’s Certification Contract Drawing No.: _______________________________ Specification No.: _______________________________ This document has been detail-checked for accuracy of content and for compliance with the Drawings and Specifications. The information contained herein has been fully coordinated with all involved Sub-Contractors. Construction Company: _______________________________ Date Submitted: _______________________________ Date: _______________________________ Engineer's Review Approved Approved As Noted Revise and Resubmit Rejected Not Required by Contract Documents Approval is only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Contractor is responsible for dimensions to be confirmed and correlated at the job site, for information that pertains solely to the fabrica- tion process or to techniques of construction, and for coordination of the work of all trades. Draper Aden Associates By:___________________________________________________________________________ Date:_________________________________________________________________________ DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 014500 - 1/2 SECTION 014500 – QUALITY CONTROL PART 1 GENERAL 1.1 REQUIREMENTS INCLUDED A. General quality assurance and control B. References C. Manufacturer's instructions, certificates, field services, and reports D. Testing laboratory services. 1.2 RELATED REQUIREMENTS A. Section 013300 - Submittal Procedures 1.3 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. 1.4 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. 1.5 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 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 014500 - QUALITY CONTROL Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 014500 - 2/2 1.6 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. 1.7 TESTING A. 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. 1.8 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 a fully qualified independent testing laboratory or firm of inspection engineers. All costs for providing such services shall be paid for by the Contractor unless otherwise indicated in the Contract Documents. B. All arrangements for the testing work shall be made by the Contractor. 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. Owner 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 to the Engineer within 3 days of the completion of such testing. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 015000 - 1/6 SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities. 1.3 USE CHARGES A. Installation, removal, and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities engaged in the Project to use temporary services and facilities without cost, including, but not limited to, Owner's construction forces, Engineer, testing agencies, and authorities having jurisdiction. B. Sewer Service: Pay sewer-service use charges for sewer usage by all entities for construction operations. C. Water Service: Pay water-service use charges for water used by all entities for construction operations. D. Electric Power Service: Pay electric-power-service use charges for electricity used by all entities for construction operations. 1.4 INFORMATIONAL SUBMITTALS A. Site Utilization Plan: Show temporary facilities, temporary utility lines and connections, staging areas, construction site entrances, vehicle circulation, and parking areas for construction personnel. B. Implementation and Termination Schedule: Within 15 days of date established for commencement of the Work, submit schedule indicating implementation and termination dates of each temporary utility. C. Project Identification and Temporary Signs: Show fabrication and installation details, including plans, elevations, details, layouts, typestyles, graphic elements, and message content. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 015000 - 2/6 1.5 QUALITY ASSURANCE A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. C. Accessible Temporary Egress: Comply with applicable provisions in the United States Access Board's ADA-ABA Accessibility Guidelines. 1.6 PROJECT CONDITIONS A. Temporary Use of Permanent Facilities: Engage Installer of each permanent service to assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities. PART 2 - PRODUCTS 2.1 MATERIALS A. Portable Chain-Link Fencing: Minimum 2-inch (50-mm), 0.148-inch- (3.8-mm-) thick, galvanized-steel, chain-link fabric fencing; minimum 6 feet (1.8 m) high with galvanized-steel pipe posts; minimum 2-3/8-inch- (60-mm-) OD line posts and 2-7/8-inch- (73-mm-) OD corner and pull posts, with 1-5/8-inch- (42-mm-) OD top and bottom rails. Provide galvanized-steel bases for supporting posts. 2.2 TEMPORARY FACILITIES A. Common-Use Field Office: A field office is not required for this project. However, if a field office is established, it must be of sufficient size to accommodate needs of Owner, Engineer, and construction personnel office activities and to accommodate Project meetings specified in other Division 01 Sections. Keep office clean and orderly. Furnish and equip offices with table and chairs to support meetings. 2.3 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. PART 3 - EXECUTION 3.1 TEMPORARY FACILITIES, GENERAL A. Conservation: Coordinate construction and use of temporary facilities with consideration given to conservation of energy, water, and materials. Coordinate use of temporary utilities to minimize waste. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 015000 - 3/6 1. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. See other Sections for disposition of salvaged materials that are designated as Owner's property. 3.2 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.3 TEMPORARY UTILITY INSTALLATION A. General: Install temporary service or connect to existing service. 1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. B. Sewers and Drainage: Provide temporary utilities to remove effluent lawfully. 1. Connect temporary sewers to municipal system as directed by authorities having jurisdiction. C. Water Service: Install water service and distribution piping in sizes and pressures adequate for construction. D. Water Service: Connect to Owner's existing water service facilities. Clean and maintain water service facilities in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. E. Sanitary Facilities: Provide temporary toilets and wash facilities. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. F. Electric Power Service: Connect to Owner's existing electric power service. Maintain equipment in a condition acceptable to Owner. G. Electric Power Service: Provide electric power service and distribution system of sufficient size, capacity, and power characteristics required for construction operations. 1. Install electric power service underground unless otherwise indicated. 2. Connect temporary service to Owner's existing power source, as directed by Owner. 3.4 SUPPORT FACILITIES INSTALLATION A. Comply with the following: DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 015000 - 4/6 1. Provide construction for temporary field offices, shops, and sheds located within construction area or within 30 feet (9 m) of building lines that is noncombustible in accordance with ASTM E136. Comply with NFPA 241. 2. Utilize designated area within existing building for temporary field offices. 3. Maintain support facilities until Engineer schedules Substantial Completion inspection. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. B. Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved areas adequate for construction operations. Locate temporary roads and paved areas as indicated on Drawings. 1. Provide dust-control treatment that is nonpolluting and nontracking. Reapply treatment as required to minimize dust. C. Temporary Use of Planned Permanent Roads and Paved Areas: Locate temporary roads and paved areas in same location as permanent roads and paved areas. Construct and maintain temporary roads and paved areas adequate for construction operations. Extend temporary roads and paved areas, within construction limits indicated, as necessary for construction operations. 1. Coordinate elevations of temporary roads and paved areas with permanent roads and paved areas. 2. Prepare subgrade and install subbase and base for temporary roads and paved areas in accordance with Section 02200 – Earthwork and the Contract Drawings. 3. Recondition base after temporary use, including removing contaminated material, regrading, proofrolling, compacting, and testing. D. Traffic Controls: Comply with requirements of authorities having jurisdiction. 1. Protect existing site improvements to remain, including curbs, pavement, and utilities. 2. Contractor shall coordinate with County staff should traffic controls be needed. 3. Contractor shall stage and perform work in such a way to minimize impact to landfill operations. E. Parking: Provide temporary offsite parking areas for construction personnel. F. Storage and Staging: Use designated areas of Project site for storage and staging needs. G. Project Signs: Provide Project signs as indicated. Unauthorized signs are not permitted. 1. Identification Signs: Provide Project identification signs as indicated on Drawings. 2. Temporary Signs: Provide other signs as indicated and as required to inform public and individuals seeking entrance to Project. a. Provide temporary, directional signs for construction personnel and visitors. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 015000 - 5/6 3. Maintain and touch up signs, so they are legible at all times. H. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with progress cleaning requirements in Section 017300 "Execution." 3.5 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Protection of Existing Facilities: Protect existing vegetation, equipment, structures, utilities, and other improvements at Project site and on adjacent properties, except those indicated to be removed or altered. Repair damage to existing facilities. 1. Where access to adjacent properties is required in order to affect protection of existing facilities, obtain written permission from adjacent property owner to access property for that purpose. B. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. C. Temporary Erosion and Sedimentation Control: Comply with requirements specified in Section 01560 – Erosion and Sediment Control and the approved Erosion and Sediment Control plan and drawings. D. Temporary Erosion and Sedimentation Control: Provide measures to prevent soil erosion and discharge of soil-bearing water runoff and airborne dust to undisturbed areas and to adjacent properties and walkways, according to erosion- and sedimentation-control Drawings. 1. Verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross tree- or plant-protection zones. 2. Inspect, repair, and maintain erosion- and sedimentation-control measures during construction until permanent vegetation has been established. 3. Clean, repair, and restore adjoining properties and roads affected by erosion and sedimentation from Project site during the course of Project. 4. Remove erosion and sedimentation controls, and restore and stabilize areas disturbed during removal. E. Stormwater Control: Comply with requirements of authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rains. F. Tree and Plant Protection: Install temporary fencing located as indicated or outside the drip line of trees to protect vegetation from damage from construction operations. Protect tree root systems from damage, flooding, and erosion. G. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 015000 - 6/6 3.6 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion. D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs. 2. Remove temporary roads and paved areas not intended for or acceptable for integration into permanent construction. Where area is intended for landscape development, remove soil and aggregate fill that do not comply with requirements for fill or subsoil. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns. Repair or replace street paving, curbs, and sidewalks at temporary entrances, as required by authorities having jurisdiction. 3. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Section 017700 "Closeout Procedures." END OF SECTION 015000 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017300 - 1/9 SECTION 017300 - EXECUTION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes general administrative and procedural requirements governing execution of the Work, including, but not limited to, the following: 1. Construction layout. 2. Field engineering and surveying. 3. Installation of the Work. 4. Cutting and patching. 5. Coordination of Owner's portion of the Work. 6. Coordination of Owner-installed products. 7. Progress cleaning. 8. Starting and adjusting. 9. Protection of installed construction. B. Related Requirements: 1. Section 013300 "Submittal Procedures" for submitting surveys. 2. Section 017700 "Closeout Procedures" for submitting final property survey with Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, replacing defective work, and final cleaning. 1.3 DEFINITIONS A. Cutting: Removal of in-place construction necessary to permit installation or performance of subsequent work. B. Patching: Fitting and repair work required to restore construction to original conditions after installation of subsequent work. 1.4 PRECONSTRUCTION MEETING A. Prior to beginning work, a preconstruction conference shall be held at the Project Site. Contractor’s superintendent, Engineer, and Owner shall be in attendance. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For land surveyor. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017300 - EXECUTION Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017300 - 2/9 B. Weigh Receipts: Submit copy of receipts issued by a landfill or disposal facility, licensed to accept materials for disposal. 1.6 QUALITY ASSURANCE A. Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing land-surveying services of the kind indicated. B. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements. 1. Structural Elements: When cutting and patching structural elements, or when encountering the need for cutting and patching of elements whose structural function is not known, notify Engineer of locations and details of cutting and await directions from Engineer before proceeding. Shore, brace, and support structural elements during cutting and patching. Do not cut and patch structural elements in a manner that could change their load-carrying capacity or increase deflection. 2. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety 3. Other Construction Elements: Do not cut and patch other construction elements or components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety. 4. Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Engineer's opinion, reduce aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. C. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of specified products and equipment. PART 2 - PRODUCTS 2.1 MATERIALS A. Comply with requirements specified in other Sections. 1. For projects requiring compliance with sustainable design and construction practices and procedures, use products for patching that comply with sustainable design requirements. B. In-Place Materials: Use materials for patching identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017300 - EXECUTION Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017300 - 3/9 1. If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to Engineer for the visual and functional performance of in-place materials. Use materials that are not considered hazardous. C. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. 1. Use cleaning products that comply with Green Seal's GS-37, or if GS-37 is not applicable, use products that comply with the California Code of Regulations maximum allowable VOC levels. PART 3 - EXECUTION 3.1 EXAMINATION A. Existing Conditions: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities, and other construction affecting the Work. 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, gas service piping, and water-service piping; underground electrical services; and other utilities. 2. Furnish location data for work related to Project that must be performed by public utilities serving Project site. B. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 2. Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed. 3. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. C. Written Report: Where a written report listing conditions detrimental to performance of the Work is required by other Sections, include the following: 1. Description of the Work, including Specification Section number and paragraph, and Drawing sheet number and detail, where applicable. 2. List of detrimental conditions, including substrates. 3. List of unacceptable installation tolerances. 4. Recommended corrections. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017300 - EXECUTION Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017300 - 4/9 D. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Existing Utility Information: Furnish information to Owner that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents, submit a request for information to Engineer. 3.3 CONSTRUCTION LAYOUT A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks and existing conditions. If discrepancies are discovered, notify Engineer promptly. B. Engage a land surveyor experienced in laying out the Work, using the following accepted surveying practices: 1. Establish benchmarks and control points to set lines and levels at each story of construction and elsewhere as needed to locate each element of Project. 2. Establish limits on use of Project site. 3. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. 4. Inform installers of lines and levels to which they must comply. 5. Check the location, level and plumb, of every major element as the Work progresses. 6. Notify Engineer when deviations from required lines and levels exceed allowable tolerances. 7. Close site surveys with an error of closure equal to or less than the standard established by authorities having jurisdiction. C. Site Improvements: Locate and lay out site improvements, including pavements, grading, fill and topsoil placement, utility slopes, and rim and invert elevations. D. Building Lines and Levels: Locate and lay out control lines and levels for structures, foundations. Level foundations and piers from two or more locations. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017300 - EXECUTION Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017300 - 5/9 E. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys, weather conditions, name and duty of each survey party member, and types of instruments and tapes used. Make the log available for reference by Engineer. 3.4 FIELD ENGINEERING A. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. 1. Do not change or relocate existing benchmarks or control points without prior written approval of Engineer. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or control points to Engineer before proceeding. 2. Replace lost or destroyed permanent benchmarks and control points promptly. Base replacements on the original survey control points. B. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site, referenced to data established by survey control points. Comply with authorities having jurisdiction for type and size of benchmark. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. 2. Where the actual location or elevation of layout points cannot be marked, provide temporary reference points sufficient to locate the Work. 3. Remove temporary reference points when no longer needed. Restore marked construction to its original condition. C. Certified Survey: On completion of work requiring field-engineering services, or for quantity verification with application for progress payments, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and sitework. D. Final Property Survey: Engage a land surveyor to prepare a final property survey showing significant features (real property) for Project. Include on the survey a certification, signed by land surveyor, that principal metes, bounds, lines, and levels of Project are accurately positioned as shown on the survey. 1. Show boundary lines, monuments, streets, site improvements and utilities, existing improvements and significant vegetation, adjoining properties, acreage, grade contours, and the distance and bearing from a site corner to a legal point. 2. Recording: At Substantial Completion, have the final property survey recorded by or with authorities having jurisdiction as the official "property survey." 3.5 INSTALLATION A. Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017300 - EXECUTION Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017300 - 6/9 1. Make vertical work plumb, and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure satisfactory results as judged by Engineer. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations, so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy of type expected for Project. E. Sequence the Work and allow adequate clearances to accommodate movement of construction items on-site and placement in permanent locations. F. Tools and Equipment: Select tools or equipment that minimize production of excessive noise levels. G. Templates: Obtain and distribute to the parties involved templates for Work specified to be factory prepared and field installed. Check Shop Drawings of other portions of the Work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. H. Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate size and number to securely anchor each component in place, accurately located and aligned with other portions of the Work. Where size and type of attachments are not indicated, verify size and type required for load conditions with manufacturer. I. Joints: Make joints of uniform width. Where joint locations in exposed Work are not indicated, arrange joints for the best visual effect, as judged by Engineer. Fit exposed connections together to form hairline joints. J. Repair or remove and replace damaged, defective, or nonconforming Work. 1. Comply with Section 017700 "Closeout Procedures" for repairing or removing and replacing defective Work. 3.6 CUTTING AND PATCHING A. General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1. Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017300 - EXECUTION Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017300 - 7/9 B. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties. C. Temporary Support: Provide temporary support of Work to be cut. D. Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. E. Adjacent Occupied Areas: Where interference with use of adjoining areas or interruption of free passage to adjoining areas is unavoidable, coordinate cutting and patching in accordance with requirements in Section 011000 "Summary." F. Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to minimize interruption to occupied areas. G. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond-core drill. 4. Excavating and Backfilling: Comply with requirements in applicable Sections where required by cutting and patching operations. 5. Proceed with patching after construction operations requiring cutting are complete. H. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other Work. Patch with durable seams that are as invisible as practicable, as judged by Engineer. Provide materials and comply with installation requirements specified in other Sections, where applicable. 1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation. 2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. a. Clean piping, conduit, and similar features before applying paint or other finishing materials. b. Restore damaged pipe covering to its original condition. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017300 - EXECUTION Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017300 - 8/9 I. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces. 3.7 PROGRESS CLEANING A. Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F (27 deg C). 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. a. Use containers intended for holding waste materials of type to be stored. 4. Coordinate progress cleaning for joint-use areas where Contractor and other contractors are working concurrently. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where Work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Exposed Surfaces: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. G. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in accordance with agencies having jurisdiction. H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017300 - EXECUTION Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017300 - 9/9 I. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. J. Limiting Exposures: Supervise construction operations to ensure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 3.8 PROTECTION AND REPAIR OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. B. Repair Work previously completed and subsequently damaged during construction period. Repair to like-new condition. C. Protection of Existing Items: Provide protection and ensure that existing items to remain undisturbed by construction are maintained in condition that existed at commencement of the Work. D. Comply with manufacturer's written instructions for temperature and relative humidity. END OF SECTION 017300 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017700 - 1/5 SECTION 017700 - CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for Contract closeout, including, but not limited to, the following: 1. Substantial Completion procedures. 2. Final completion procedures. 3. Warranties. 4. Final cleaning. B. Related Requirements: 1. Section 012900 "Payment Procedures" for requirements for Applications for Payment for Substantial Completion and Final Completion. 1.3 DEFINITIONS A. List of Incomplete Items: Contractor-prepared list of items to be completed or corrected, prepared for the Engineer's use prior to Engineer's inspection, to determine if the Work is substantially complete. 1.4 ACTION SUBMITTALS A. Contractor's List of Incomplete Items: Initial submittal at Substantial Completion. B. Certified List of Incomplete Items: Final submittal at Final Completion. 1.5 CLOSEOUT SUBMITTALS A. Certificates of Release: From authorities having jurisdiction. B. Certificate of Insurance: For continuing coverage. 1.6 SUBSTANTIAL COMPLETION PROCEDURES A. Contractor's List of Incomplete Items: Prepare and submit a list of items to be completed and corrected (Contractor's "punch list"), indicating the value of each item on the list and reasons why the Work is incomplete. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017700 - CLOSEOUT PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017700 - 2/5 B. Submittals Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 1. Certificates of Release: Obtain and submit releases from authorities having jurisdiction, permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 2. Submit closeout submittals specified in other Division 01 Sections, including Project Record Documents, operation and maintenance manuals, damage or settlement surveys, property surveys, and similar final record information. 3. Submit closeout submittals specified in individual Sections, including specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Submit maintenance material submittals specified in individual Sections, including tools, spare parts, extra materials, and similar items, and deliver to location designated by Engineer. Label with manufacturer's name and model number. 5. Submit testing, adjusting, and balancing records. 6. Submit sustainable design submittals not previously submitted. 7. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. C. Procedures Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 1. Advise Owner of pending insurance changeover requirements. 2. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 3. Complete startup and testing of systems and equipment. 4. Perform preventive maintenance on equipment used prior to Substantial Completion. 5. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. Submit demonstration and training video recordings specified in Section 017900 "Demonstration and Training." 6. Advise Owner of changeover in utility services. 7. Participate with Owner in conducting inspection and walkthrough with local emergency responders. 8. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 9. Complete final cleaning requirements. 10. Touch up paint and otherwise repair and restore marred exposed finishes to eliminate visual defects. D. Inspection: Submit a written request for inspection to determine Substantial Completion a minimum of 10 days prior to date the Work will be completed and ready for final inspection and tests. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017700 - CLOSEOUT PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017700 - 3/5 additional items identified by Engineer, that must be completed or corrected before certificate will be issued. 1. Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for Final Completion. 1.7 FINAL COMPLETION PROCEDURES A. Submittals Prior to Final Completion: Before requesting final inspection for determining Final Completion, complete the following: 1. Submit a final Application for Payment in accordance with Section 012900 "Payment Procedures." 2. Certified List of Incomplete Items: Submit certified copy of Engineer's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Engineer. Certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Certificate of Insurance: Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Submit pest-control final inspection report. 5. Submit Final Completion photographic documentation. B. Inspection: Submit a written request for final inspection to determine acceptance a minimum of 10 days prior to date the Work will be completed and ready for final inspection and tests. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.8 LIST OF INCOMPLETE ITEMS A. Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Include the following information at the top of each page: a. Project name. b. Date. c. Name of Engineer. d. Name of Contractor. e. Page number. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017700 - CLOSEOUT PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017700 - 4/5 2. Submit list of incomplete items in the following format: a. MS Excel Electronic File: Engineer will return annotated file. b. PDF Electronic File: Engineer will return annotated file. 1.9 SUBMITTAL OF PROJECT WARRANTIES A. Time of Submittal: Submit written warranties on request of Engineer for designated portions of the Work where warranties are indicated to commence on dates other than date of Substantial Completion, or when delay in submittal of warranties might limit Owner's rights under warranty. B. Organize warranty documents into an orderly sequence based on the table of contents of Project Manual. C. Warranty Electronic File: Provide warranties and bonds in PDF format. Assemble complete warranty and bond submittal package into a single electronic PDF file with bookmarks enabling navigation to each item. Provide bookmarked table of contents at beginning of document. 1. Submit by email to Engineer. D. Warranties in Paper Form: 1. Bind warranties and bonds in heavy-duty, three-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch (215-by-280-mm) paper. 2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. E. Provide additional copies of each warranty to include in operation and maintenance manuals. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SECTION 017700 - CLOSEOUT PROCEDURES Orange County DAA PN: R00592-226N C&D Landfill Phase 2 Construction April 2021 017700 - 5/5 B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a designated portion of Project: a. Clean Project site of rubbish, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. c. Rake grounds that are not planted, mulched, or paved to a smooth, even-textured surface. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Leave Project clean and ready for occupancy. C. Construction Waste Disposal: Comply with waste-disposal requirements in Section 015000 "Temporary Facilities and Controls." 3.2 REPAIR OF THE WORK A. Complete repair and restoration operations required by Section 017300 "Execution" before requesting inspection for determination of Substantial Completion. END OF SECTION 017700 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Phase 2 Construction EUBANKS ROAD C&D LANDFILL PERMIT TECHNICAL SPECIFICATIONS Section 01560 Erosion and Sediment Control Section 01580 Project Coordination Section 01720 Project Record Documents Section 02110 Sitework Procedures Section 02200 Earthwork Section 02221 Trenching, Backfilling and Compacting Section 02420 Surface Runoff Collection System Section 02480 Landfill Seeding Section 15060 Pipe and Pipe Fittings DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 01560 - 1 SECTION 01560 EROSION AND SEDIMENT CONTROL Part 1 General 1.01. Requirements Include Provide personnel, equipment, materials, and supplies to prevent erosion and control sediment during the construction period. Comply with local and state erosion control regulations. Comply with erosion and sediment controls as set forth on the construction drawings. CONTRACTOR is solely responsible for control of erosion on site and is responsible for taking any and all measures to prevent and control erosion. Measures may be necessary above and beyond those shown on the drawings and CONTRACTOR shall implement those additional measures. The CONTRACTOR shall install additional measures required by the COUNTY but not shown on the plans. The CONTRACTOR shall be entitled to compensation for additional measures that must be installed in the area of the work shown on the plans, unless they are required solely for the CONTRACTOR’s convenience or because of improvements or activities by the CONTRACTOR not shown on the plans. Measures installed in conjunction with the development and operations of borrow and stockpile areas shall be considered incidental to construction and additional compensation will not be paid. 1.02. Related Requirements North Carolina Erosion and Sediment Control Planning and Design Manual. Part 2 Products 2.01. Filter Fabric Siltation Control Fences Filter fabric used in siltation control fences (silt fence) shall be woven or non-woven geotextile fabric which is resistant to ultra-violet light and specifically manufactured to be used for silt fences. Acceptable manufacturers include Mirafi, Inc., Amoco, or approved equal. Fence height shall be 36 inches. 2.02. Riprap Riprap used shall be in accordance with NCDOT specifications. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 01560 - 2 2.02. Permanent Erosion Control Matting (Flexamat ®) Permanent waterways where higher flow velocities are anticipated such as stormwater conveyance channels and downchutes will be lined with Flexamat ® concrete block mat where indicated on the drawings. Flexamat is an alternative to rip-rap, and filter fabric or gravel underlining as described in in the North Carolina Erosion and Sediment Control Planning Design Manual, Spec. 6.15. Flexamat assists in the establishment of permanent vegetation in waterways by reducing soil erosion of newly seeded waterways. Flexamat consists of concrete blocks that are cast into a high strength polypropylene bi- axial geogrid with a maximum spacing of 2". Concrete has a minimum compressive strength of 4,000 psi at 28 days, and a minimum weight of 3 lb. per block. The polypropylene bi-axial geogrid is designed to have an Ultimate Tensile Strength of 2000 lb/lf, and contains 2% Carbon Black Content for UV Stabilization. Flexamat Plus is backed with degradable Curlex® II erosion control blanket. (www.flexamat.com). Flexamat will be installed after the application of permanent seed, mulch and fertilizer in accornce with Spec. 6.11 of the NC E&SC Planning Design Manual. 2.03. Erosion Control Blanket Erosion Control Blanket shall be North American Green S150 or approved equal. Part 3 Execution 3.01. General Prior to significant disturbance of the site, perimeter erosion control shall be established in order to prevent uncontrolled drainage from leaving the limits of construction or from reaching State waters. Sediment barriers shall be constructed as soon as possible. 3.02. Installation A. CONTRACTOR shall be responsible for the following activities: B. A continuous siltation barrier shall be down slope from construction activities as indicated on the plans to control sediment runoff. Barriers shall be placed around stockpiled material subject to erosion. C. Silt fences shall be installed as per the manufacturer's directions. The fence shall be supported by wooden or metal posts driven at least two feet into the ground and spaced no further than eight feet apart. Eight inches of the fabric shall be put in a DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 01560 - 3 trench facing the erosion source. The trench shall be backfilled after placing the fabric. C. Flexamat ® channel lining shall be installed per the manufacturer's specifications. The product shall be placed over the finished channel grade following the installation of seed, mulch and fertilizer. Panels shall be overlapped and secured per the manufacturers specifications. D. CONTRACTOR shall inspect erosion and sediment control features at least weekly and after each rain storm. Make necessary repairs or clean-up to maintain the effectiveness of the feature immediately. Part 4 Maintenance A. In general, erosion and sediment control measures will be checked weekly by the CONTRACTOR and after each significant rainfall. Temporary and permanent seeding shall be completed in accordance with Section 02480. The following will be checked in particular: 1. Silt fences for signs of clogging. 2. Sediment basin to verify adequacy and to make sure the outfalls and connecting existing grades have positive slope away from the disposal unit. 3. Check dams for signs of clogging. 1. Perimeter surface berms for signs of erosion damage and adequacy. 2. Flexamat channels shall be inspected for evidence of bare soil or damage to the mat structure. Re-apply seed and much if necessary. Damaged sections shall be replaced with new panels or panel sections as recommended by the manufacturer. B. Upon finding that a measure has failed or filled, the CONTRACTOR shall repair said measure at no additional cost to the COUNTY. C. It shall be the sole responsibility of the CONTRACTOR to adequately control dust which is created as a result of their construction activity. END OF SECTION DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit to Construct Specifications Revised March 15, 2021 Section 01580 - 1 SECTION 01580 PROJECT COORDINATION Part 1 General 1.01. CONTRACTOR shall be responsible for coordinating construction activities with their subcontractors and with the COUNTY to maintain the uninterrupted use of the active landfill. 1.02. CONTRACTOR shall coordinate construction activities with other Contractors on the site. 1.03. Additionally, the CONTRACTOR shall cooperate fully with the COUNTY about landfill operating hours, and shall confirm that gates are locked and access to the public controlled after landfill hours. Part 2 Products Not Used Part 3 Execution 3.01. Superintendent CONTRACTOR shall identify personnel as superintendent of the site in writing to the COUNTY and Engineer. The CONTRACTOR’s superintendent shall maintain a presence at the site during all construction activities related to the project. The superintendent shall not be changed without the consent of the COUNTY unless the superintendent ceases to be employed by the CONTRACTOR. 3.02. Access Every CONTRACTOR, subcontractor, supplier, or delivery vehicle using the landfill entrance shall stop at the scales and identify themselves to the landfill staff before entering the site. Repeated violations of this requirement may result in the subcontractor or supplier being barred from the site. END OF SECTION DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 01720 - 1 SECTION 01720 PROJECT RECORD DOCUMENTS Part 1 General Throughout progress of work, maintain an accurate record of changes in the Contract Documents. Upon completion of work, transfer the recorded changes to a set of Record Documents. This includes modifications to piping, roads, utilities, grading structures, limits of waste placement, and monitoring devices. Part 2 Products Not Used Part 3 Execution 3.01. Accuracy of Records Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other documents where such entry is required to properly show the change. Record accuracy shall be such that future searches for items shown in Contract Documents may reasonably rely on information obtained from approved Record Documents. 3.02. Timing of Entries Make entries within 24 hours after receipt of information. 3.03. Submittals The Engineer's approval of current status of Record Documents shall be a prerequisite to the Engineer's approval of requests for progress payment and request for final payment under Contract. 3.04. Protection of Documents Use all means necessary to maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of Work and transfer of recorded data to the final Record Documents. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 01720 - 2 3.05. Making Entries on Documents Using an erasable colored pencil (not ink or indelible pencil), clearly describe the change by note and by graphic line, as required. Date entries. Call attention to entry by a "cloud" around the area or areas affected. 3.06. Conversion of Schematic Layouts In some cases on the Drawings, arrangement of conduits and circuits, piping, and other similar items is shown schematically and is not intended to portray precise physical layout. Final physical arrangement is as determined by the CONTRACTOR, subject to the Engineer's approval. Design of future modifications of the facility may require accurate information as to the final physical arrangement of items which are shown only schematically on the Drawings. The Engineer may waive the requirements for conversion of schematic data where, in the Engineer's judgment, such conversion serves no beneficial purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the Engineer. 3.07. Accuracy of Entries Use all means necessary, including the proper tools for measurement, to determine actual locations of the installed items. 3.08. Final Documents A. The purpose of the final Record Documents is to provide factual information regarding all aspects of Work, both concealed and visible, to enable future modification of the design to proceed without lengthy and expensive site measurement, investigation, and examination. B. The CONTRACTOR shall be responsible for maintaining an accurate set of Record Drawings on the construction site. Record Drawings shall accurately reflect grades and locations and changes or modifications to the plans. Upon completion of the project, the Record Drawings shall be submitted to the QA Engineer. C. The Final Record Documents shall include a bound record of Quality Control Tests performed by the CONTRACTOR on materials and workmanship and certification of the soil fill, piping, and appurtenances. END OF SECTION DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02110 - 1 SECTION 02110 SITEWORK PROCEDURES Part 1 General 1.01. Scope Sitework shall include site preparation of the capping of the disposal areas, earthwork, and site improvements. 1.02. Related Requirements Section 01560 Erosion and Sediment Control Section 02200 Earthwork 1.03. Quality Assurance A. Prior to beginning work, become thoroughly familiar with site conditions and sections of the Division. B. Comply with pertinent codes and regulations. 1.04. Permits Obtain required permits from appropriate authorities before sitework begins. 1.05. Maintaining Traffic A. Do not close or obstruct roadways. B. Conduct operations with minimum interference to landfill access road. Part 2 Products Not Used DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02110 - 2 Part 3 Execution 3.01. Site Inspection Prior to work of this division, carefully inspect the entire site and objects designated to be removed and to be preserved. 3.02. Clarification The drawings do not propose to show all objects existing on the site. Before commencing work in this Division, verify with the Engineer objects not clearly identified to be removed or to be preserved and discrepancies not fully resolved. 3.03. Prior Conditions Inspections Prior to work of this section, carefully inspect the existing conditions. In the event of discrepancy, immediately notify the COUNTY and do not proceed with installation in non- conforming areas until identified discrepancies have been fully resolved. 3.04. Protection and Safety Verify required protection devices are in place and operational. 3.05. Preparation and Layout A. Establish extent of sitework by area and elevations; designate and identify datum elevation. B. Set required lines and levels. C. Maintain bench marks, monuments and other reference points. 3.06. Excess Water Control A. Do not place, spread, or roll fill material during unfavorable weather conditions. Do not resume operations until moisture content and fill density are satisfactory. B. Provide berms or channels to run-off into subgrade; promptly remove water collecting in depressions. C. Provide and maintain at all times during construction, ample means and devises with which to promptly remove and dispose of water from every source entering the excavations. De-water by means which will promote dry excavations and the preservation of the final lines and grades of bottoms of excavations. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02110 - 3 3.07. Surplus Materials A. Remove surplus backfill materials from site, or as otherwise directed by COUNTY. B. Leave stockpile areas completely free of excess fill materials. 3.08. Removal of Debris A. Promptly remove cleared debris from site. B. Remove surplus equipment and tools from the site. END OF SECTION DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02200 - 1 SECTION 02200 EARTHWORK Part 1 General The work covered by this section of the specifications consists of furnishing labor, equipment, and materials to perform excavation and other earth moving operations, including construction and maintenance of necessary haul roads, structural fills and berms. This section does pertain to the landfill base. This section does not pertain to the cap infiltration barrier layer or the cap cushion layer. Part 2 Products 2.01. Fill Material - General A. It is intended that on site soils and broken or weathered rock will be used as fill material to the extent possible. B. If off-site soils are to be used, the CONTRACTOR shall identify the source a minimum of 3 weeks in advance of intent to import. The COUNTY’s Quality Control personnel shall be given access to the site to obtain necessary samples for testing and proofing of the soil material. 2.02. Suitable Fill and Backfill A. Suitable soil for landfill bases, fill , and backfill shall be free of roots, limbs, trash, excessive organics and deleterious material. The maximum particle size for suitable soil shall be three inches in the top 12” of fill, and six inches within the next 24” of fill depth. Refer to the table below. Where the fill is deeper than 36”, the maximum particle sizes shown in the table occasionally will be allowed if placed at the base of the fill and compaction of soil is performed around the individual pieces of rock using a suitable combination of mechanical equipment and/or powered hand equipment. Fill Depth Maximum Particle Size Up to 12” 3” 12” to 36” 6” 36” to 60” 18” 60” + 36” DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02200 - 2 B. Soil will meet the classification of SM, SC, ML, CL, MH or CH by ASTM D2487 standards. Minimum soil properties will be as follows: • Liquid Limit (LL) ≥ 20 • Plastic Limit (PL) ≥ 10 • Plasticity Index (PI) ≥ 10 The CQA Engineer shall approve soils. 2.03. Unsuitable Soil and Backfill Unsuitable soil for fill and backfill shall be topsoil or soil containing roots, limbs, trash, excessive organics or deleterious material. In addition, unsuitable soil shall be soil not meeting the requirements of Section 2.02, above. Part 3 Execution 3.01. General A. Strip topsoil to full depth, stockpile separate from other excavated materials and pile free of roots, stones, and other undesirable materials. Follow guidelines in the North Carolina Erosion and Sediment Control Planning Design Manual to control erosion. Depressions caused by removal of stumps or the clearing operation shall be excavated to firm subgrade. B. The CONTRACTOR shall perform excavations described in whatever substance encountered to dimensions and elevations shown on the drawings. Excavation shall be unclassified. C. Existing utilities, structures, and fencing shall be protected during the construction period, and if damaged or removed by the CONTRACTOR, shall be repaired or replaced by the CONTRACTOR at no additional cost to the COUNTY. D. The COUNTY shall retain a Quality Assurance Officer to monitor Earthwork included in this section. The QAO shall be present on site during subgrade approval and fill and backfill operations. 3.02. Subgrade Approval Subsequent to clearing, grubbing and stripping, subgrades to receive structures or fill shall be evaluated prior to fill placement by the QAO. Such evaluation shall include the observation of subgrade performance during proofrolling with a loaded tandem dump truck provided by the CONTRACTOR. At least three passes are to be made with a fully loaded DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02200 - 3 tandem dump truck. Areas which are deemed unsuitable for fill placement by the QAO shall be clearly identified by horizontal and vertical extent with recommendations for improvements and submitted to the Engineer for further action. Written approval of subgrade preparation must be provided by the QAE and QAO prior to placement of the infiltration barrier layer. Following excavation or regrading of existing soils to design grades, the subgrade shall be evaluated by the QAO. Such evaluation shall include thickness verification and observation of subgrade performance during proofrolling with a loaded tandem dump truck provided by the CONTRACTOR. At least three passes are to be made with a fully loaded tandem dump truck. Areas which are deemed unsuitable by the QAO shall be clearly identified by horizontal and vertical extent with recommendations for improvements and submitted to the Engineer for further action. The NCDEQ Solid Waste Section hydrogeologist shall be notified a minimum of 24 hours prior to subgrade evaluation. 3.03. Moisture Content Fill and backfill soil shall be compacted at a moisture content within a range of + 3% of the optimum moisture content, unless otherwise approved by the QAE. As required, fill and backfill soil shall be dried by aerating with a scarifier, disc harrow, blade or other equipment or by such other means as may be necessary. As required, fill and backfill soil shall be wetted by the use of water trucks or sprinklers. Dried or wetted fill or backfill soil shall be thoroughly mixed to provide a material of uniform moisture content. 3.04. Depth and Mixing of Fill Layers Fill and backfill soil shall be placed in layers which when compacted shall generally not exceed six inches (6"). Each layer shall be spread evenly and shall be thoroughly bladed and mixed during the spreading to confirm uniformity of material in each layer. See 2.02 regarding maximum particle sizes and soil classification. 3.05. Compaction of Fill A. Compaction of each layer, unless otherwise specified, as shown on the Contract Drawings and determined in the field shall be continuous over its entire area and the compaction equipment shall make sufficient trips such that the required density has been obtained. After each layer has been placed, mixed and spread evenly, it shall be thoroughly compacted in six inch (6") maximum compacted thickness lifts. The minimum dry density of the soil shall be at least ninety five percent (95) of the maximum dry density as determined by ASTM D698 (standard Proctor) under structures, paved areas, or embankments, unless otherwise shown on the Contract Drawings. Where large pieces of broken, weathered rock are placed in the fill, soil shall be compacted around the rock with hand operated mechanical equipment. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02200 - 4 B. Compaction equipment shall be of such design that it will be able to compact the fill to the specified density. Prior to placing the fill, at the preconstruction meeting or a minimum of 7 days prior to usage, the CONTRACTOR shall submit to the CQA Engineer, for approval, a list of compaction equipment to be used. The CQA Engineer shall have 7 days to approve or disapprove the list. The list shall include the type of equipment, manufacturer and size. C. If, in the opinion of the CQA Engineer, the compaction equipment is not acceptable, the CONTRACTOR may demonstrate the suitability of such equipment in a test area within the prepared fill site. D. Fill faces shall be compacted. Compacting operations shall be continued until the slope faces are stable but not too dense for planting and there is no appreciable amount of loose soil on the surface. E. Surfaces to receive a subsequent lift shall be scarified in order to tie the lifts together. Acceptable scarification shall include complete coverage of the liner surface with a partially penetrating or fully penetrating roller, or with partially penetrating pads on a dozer. No smooth surface shall remain prior to placement of a lift. 3.06. Quality Control See Construction Quality Assurance Plan. 3.07. Surface Water Fill areas shall be kept free of standing water with positive drainage maintained. Sloping of the fill surface and drainage ditches shall be provided to carry off water as it collects. Pumping of water shall be required to remove water from areas which cannot drain naturally. Water removed by pumping will be deposited such that it will be routed to an on-site drainage ditch and then to the sediment basin. 3.08. Seasonal Limits No fill material shall be placed, spread or rolled while the ground is frozen or thawing, or during unfavorable weather conditions. When the work is interrupted by inclement weather, fill operations shall not be resumed until the moisture content and density of the previously placed fill are as specified. Fill surfaces exposed to inclement weather or standing water shall be scarified to a depth of 6 inches, compacted and tested prior to placing addition fill lifts. 3.09. Integrity of the Work It shall be the CONTRACTOR's responsibility to maintain the integrity of the work. Work which is damaged by weather or construction activities shall be restored and retested at the CONTRACTOR's expense. END OF SECTION DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02221 - 1 SECTION 02221 TRENCHING, BACKFILLING AND COMPACTING Part 1 General 1.01 Requirements Included Provide personnel, equipment, and materials to excavate and backfill trenches for stormwater piping as shown on the plans. 1.02 Related Requirements Construction Quality Assurance Plan Section 02200 Earthwork Part 2 Products Included in Part 3. Part 3 Execution 3.01. Clearing The sites of work shall be cleared of trees, shrubs, paving and objectionable material which interfere with execution of proposed work. Trees and shrubs which will not interfere with construction shall be protected from damage. Clearing of site will be considered as an incidental item of excavation. 3.02. Classification of Excavated Materials Excavated materials shall be unclassified. 3.03. Stockpiling of Excavated Materials Excavated material shall be stockpiled in a manner that will not endanger or obstruct the work. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02221 - 2 3.04. Sheeting and Shoring Sheeting and shoring shall be furnished in accordance with the provisions of OSHA and as necessary to construct and protect the excavation, existing utilities, structures of all types, and as necessary for the safety of the employees. 3.05. Dewatering Where conditions are such that running or standing water occurs in the trench bottom or the soil in the trench bottom displays a "quick" tendency, the water should be removed by pumps and suitable means such as well points or pervious underdrain bedding until the pipe has been installed and the backfill has been placed to a sufficient height to prevent pipe flotation. 3.06. Material A. Suitable Material Backfilling shall normally be done with the earth removed from the trench or excavation, provided that the excavated material is suitable for backfilling. B. Unsuitable Material Material such as clay mass, frozen materials, cinders, ashes, refuse, and vegetable or organic material shall be construed as unsuitable material for backfill. C. Approved Granular Material Granular material shall be well graded crushed stone meeting the requirements of Class I Select Backfill Material as specified in Section 1016 of the North Carolina Standard Specifications for Roads and Structures. 3.07. Excavation for Trenches A. General Excavation for trenches shall conform to the lines and grades shown on the approved drawings. Excavated material shall be removed and used for backfilling where suitable. B. Pipe The trench shall be excavated to a level below the established pipe grade in accordance with the requirements for bedding as specified below. Bell holes shall be provided at each joint to permit proper joint assembly and pipe support. Any DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02221 - 3 part of the trench bottom that is excavated below the required level shall be backfilled with approved granular material and compacted to a minimum 95 percent of theoretical maximum density as determined by ASTM D698. 3.08. Trench Width Trench width at the ground surface may vary with and depend upon depth, type of soils, and position of surface structures. The minimum clear width of the trench, sheeted or unsheeted, measured at the springline of the pipe should be one foot greater than the outside diameter of the pipe. The maximum clear width of the trench at the top of the pipe should not exceed a width equal to the pipe outside diameter plus two feet. If the above defined trench widths must be exceeded or if the pipe is installed in a compacted embankment, pipe embedment should be compacted to a point of at least 2.5 pipe diameters from the pipe on both sides of the pipe or the trench walls, whichever is less. Excavation at manholes and similar structures shall be sufficient to provide 12 inches in the clear between the outside of the structure and the embankment or sheeting. 3.09. Unsuitable Subgrade A. Unstable Foundation When an unstable foundation is encountered which will not provide adequate pipe support, additional trench depth shall be excavated to a stable foundation and backfilled with approved granular material. B. Rock Where the bottom of the trench at subgrade is rock, excavation shall be carried at least six inches below the specified subgrade and restored to subgrade with compacted approved granular material. 3.10. Bedding Pipe bedding must be tested by the CQA Engineer in order to meet the following requirements: A. Fine aggregate bedding shall meet requirements for fine aggregates, Section 1005, NCDOT Standard Specifications for Roads and Structures. B. Coarse aggregate bedding shall meet requirements for coarse aggregates, Section 1005, NCDOT Standard Specifications for Roads and Structures. Compact pipe bedding by tamping or rodding to reduce settlement. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02221 - 4 3.11. Backfilling Trenches A. General Trenches shall be backfilled immediately after the pipes and appurtenances are laid therein. B. Initial Backfill Initial backfill shall begin at the top of the bedding and shall be placed in six inch layers up to a level at least one foot above the crown of the pipe. Initial backfill shall be compacted to a minimum 95 percent of theoretical maximum density as determined by ASTM D698. No lumps greater than two inches in diameter shall be allowed in initial backfill material. Backfill under roadways shall be approved granular materials. C. Final Backfill Backfill for trenches not subjected to vehicular traffic shall be placed in layers no greater than one foot thick and compacted to at least 95 percent maximum density as determined by ASTM D 698. D. Moisture Content Backfill soil shall be compacted at a moisture content within a range of the optimum moisture content which allows for the required compaction. As required, backfill soil shall be dried by aerating with a scarifier, disc harrow, blade or other equipment or by such other means as may be necessary. As required, fill and backfill soil shall be wetted by the use of water trucks or sprinklers. Dried or wetted fill or backfill soil shall be thoroughly mixed to provide a material of uniform moisture content. 3.12. Restoration A. General Physical improvements disturbed by the work shall be restored to conditions equal to or better than those existing prior to the work. Repair of damages to structures and utilities shall be the responsibility of the CONTRACTOR. B. Drainage Structures Ditches, culverts, and other drainage structures which are damaged shall be restored promptly. Drainage structures shall be kept open and functional at all times. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02221 - 5 C. Finished Grading and Cleanup Where possible, ground surface shall be left rounded and slightly higher than surrounding ground to allow for further settlement. Finished areas around structures shall be graded smooth and hand raked and shall meet the elevations and contours as shown on the Drawings. Lumber, earth clods or rocks larger than four inches and other undesirable materials shall be removed from the site at the completion of construction. Clean up shall be done as promptly as practicable and/or at least once a week. Ditches which are disturbed shall be restored as promptly as practical and/or at least once a week. CONTRACTOR shall maintain sediment and erosion control measures in accordance with Section 01560. END OF SECTION DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02420 - 1 SECTION 02420 SURFACE RUNOFF COLLECTION SYSTEM Part 1 General 1.01. Requirements Included Provide personnel, equipment, and materials to construct a surface runoff collection and diversion system. 1.02. Related Requirements Section 01560 Erosion And Sediment Control Section 02480 Landfill Seeding Part 2 Products 2.01. Channels and Berms Surface runoff collection and perimeter surface berms shall be promptly seeded by the COUNTY following construction in accordance with Section 02480. 2.02. Riprap Riprap shall be in accordance with Section 1042 of the NCDOT Standard Specifications for Roads and Bridges. 2.03. Flexamat Flexamat® channel lining shall be in accordance with the details. Flexamat shall be installed in all downchutes and where indicated in drainage channels. Part 3 Execution 3.01. Channels and Berms A. Surface runoff collection and perimeter surface berms shall be installed in the locations shown on the drawings. Collection and diversion ditches shall be accurately constructed to the dimensions and grades shown on the drawings. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 02420 - 2 B. Perimeter surface berms shall have a minimum grade of 1.0% 3.02. Erosion Control Features A. Erosion control facilities shall be installed where indicated on the plans and in accordance with Section 01560. B. Riprap shall be placed in the locations shown on the drawings and to the dimensions specified. Filter fabric shall be used under the riprap in drainage ditches. The riprap shall be placed in a manner to prevent damage to the filter fabric. The riprap shall be placed in accordance with Section 868 of the NCDOT Standard Specifications for Roads and Bridges. C. Flexamat shall be installed per the manufacturer’s specifications. END OF SECTION DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 13302 - 1 SECTION 02480 LANDFILL SEEDING Part 1 General 1.01. Requirements Included Provide personnel, equipment, and materials to completely furnish, install, maintain and guarantee seeding and seeding items shown on the drawings and specified in the specifications. Place mulch as specified. Place fertilizer and lime as required by soil testing. 1.02. Related Requirements Section 01560 Erosion and Sediment Control North Carolina Erosion and Sediment Control Planning and Design Manual 1.03. Guarantee A. The CONTRACTOR shall be responsible for all phases of seeding as specified up to the final acceptance. Dependent upon the season, the CONTRACTOR may have to provide a temporary winter or summer cover crop that will eventually be incorporated into the soil prior to seeding in the appropriate spring and fall seasons. B. Areas that fails to develop a successful stand following seeding will be reseeded at the CONTRACTOR's expense. The CONTRACTOR shall establish a permanent vegetative cover with a 90% uniform stand of specified grasses in all areas. Bare areas shall be reseeded every 21 days. Eroded areas shall be repaired prior to reseeding. Once grass has been successfully established, the CONTRACTOR shall maintain the area for 60 days. 1.04. Submittals A. Submit three (3) copies of the following manufacturer’s certificates of conformance for review and approval approximately 1 month before placement. 1. Seed 2. Fertilizer B. The CONTRACTOR shall test topsoil to be used on the project to determine the proper application of lime and fertilizer. Representative samples shall be taken for existing topsoil and separate samples for each separate source of new topsoil to be brought into the job site. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 13302 - 2 C. A soil sample analysis report shall be submitted to the Engineer prior to seeding operations. Lime, fertilizer requirements, phosphorus, potassium, calcium, magnesium and pH levels shall be tested for each sample and amendment recommendations provided in the soil analysis report. Part 2 Products 2.01. Temporary Seeding Mixture Temporary seed mixture shall be in accordance with the latest edition of the North Carolina Erosion and Sediment Control Planning and Design Manual. The actual seed used will vary with the seasons, but shall be certified to be high in percent germination and a variety adapted to the locality. 2.02. Permanent Seeding Mixture A. Permanent seed mixture shall be in accordance with Table 6.11k of of the North Carolina Erosion and Sediment Control Planning and Design Manual. B. The COUNTY reserves the right to revise the seed mixture. C. Seeds shall be certified high in percent germination and a variety adapted to North Carolina shall be used. Seed shall be of the latest season’s crop with a minimum of 80% germination rate. Mix seed on site or in the presence of the QAO. Weed seeds and inert matter shall not exceed 0.25% (one fourth of one percent) of total seed content. Seed should be free of noxious weeds. 2.03. Topsoil or Amended Soil Topsoil shall be capable of promoting and sustaining vegetative growth. The topsoil shall be either approved off-site topsoil or soil from an on-site stockpile or off-site source mixed with other suitable organic amendment. The soil or soil mixture shall be free of debris, large roots, stumps, or frozen material. The topsoil shall have a pH between 5 and 7.6, contain at least 2 percent organic matter, and have a maximum particle size of two (2) inches. 2.04. Mulch A. Mulch shall be free of noxious weeds, molds, or other deleterious material. Mulch/straw should be cured and mulched from the stalks of oats, wheat, barley, or rice. Furnish in air-dry condition. Do not use rye straw. Other materials may be used with prior written approval by the CQA Engineer. Mulch shall be well seasoned before bailing, free from mature seed-bearing stalks or roots of prohibited or noxious DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 13302 - 3 weeds. B. Apply mulch at a rate of 2 tons per acre (approximately 89-45 pound bales per acre). Mulch weight shall be dry weight. Fiber mulch applied during hydroseeding operations shall not be considered as part of the 2 tons per acre. 2.05. Fertilizer A. Fertilizer shall be granular, commercial grade, dry, free flowing, uniform in composition, non-burning product composed of not less than 50% organic slow acting, guaranteed analysis professional fertilizer. B. Fertilizer shall be delivered to the site in the original, unopened containers, each bearing the manufacturer’s guaranteed analysis. Fertilizer which becomes caked or otherwise damaged, making it unsuitable for use, will not be accepted. No cyanamide or hydrated lime shall be permitted in mixed fertilizer. C. The CONTRACTOR shall perform soil tests to determine the quantity and analysis of fertilizer required. 2.06. Limestone A. Ground limestone shall contain not less than 85% of total carbonates and shall be pelletized agricultural grade. Calcareous limestone shall contain at least 50% magnesium oxide and dolomitic limestone shall contain at least 40% magnesium oxide. Burned or slaked limestone is not permitted. B. The CONTRACTOR shall perform soil tests to determine the quantity of lime required. 2.07. Water The CONTRACTOR shall be responsible for furnishing potable water free from substances harmful to seed growth. CONTRACTOR shall furnish related equipment such as hoses, sprinklers, tanks, or other methods of transportation. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 13302 - 4 Part 3 Execution 3.01. Delivery, Storage, and Handling A. Fertilizer and Lime Deliver materials to the site in the original, unopened containers showing the weight, chemical analysis, and manufacturer’s name. In lieu of containers, bulk fertilizer and lime can be used only if appropriate certificates accompany each delivery. B. Seed Deliver seed to the site in original sealed packages bearing the producer’s guaranteed analysis for percentages of mixtures, purity, germination, weed content, and inert material. Wet, moldy, outdated, or otherwise damaged seed will be rejected. C. Storage and Handling Store lime, fertilizer, and seed in dry locations away from contaminants. Protect seed from drying out. When handling materials, do not drop or dump from vehicles. 3.02. Temporary Seeded Areas A. Areas designated on the plans as requiring temporary seeding and areas of the site not to be constructed within 15 consecutive calendar days of final grading shall be seeded as soon as possible after the disturbance in the area is completed. The temporary seeding shall be in accordance with the of the North Carolina Erosion and Sediment Control Planning and Design Manual. B. Prior to seeding, the surface of the area to be seeded shall be prepared by removing depressions and ruts. Care shall be taken to avoid compaction of the surface. The area shall be prepared by breaking up the surface of the soil. C. Areas which fail to establish adequate vegetative cover adequate to limit rill erosion will be reseeded as soon as such areas are identified. 3.03. Permanent Seeded Areas A. Permanent seeding shall be accomplished on final grades, on cut and fill slopes, on access roads, surface water diversion ditches, rough-graded areas that will not be brought to final grade for a year or more and other areas as required. The required DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 13302 - 5 seed mixture shall be applied as soon as possible after the area is brought to final grade as per the plans. No seeding shall occur between November 16th and February 1st unless so approved by the COUNTY. B. The area to be seeded shall be prepared by removing large ruts or surface depressions and by breaking up the surface of the soil. The soil shall be tested and lime, fertilizer, and, if necessary, inoculate bacteria shall be incorporated into the top soil. C. Areas which fail to establish adequate vegetative cover will be re-seeded as soon as such areas are identified. 3.04. Application of Materials A. In general, materials shall be applied by hand or equipment. If hydroseeding is used, mixing shall be done at the job site and care shall be exercised to avoid damaging the seeds during mixing or application. B. Notify QAO at least seven working days prior to start of seeding operations. C. Preparation 1. After areas required to be seeded have been brought to the required grade, thoroughly till to a minimum depth of 2 inches by scarifying, disking, harrowing, or other approved method. Remove debris and stone larger than one inch remaining on the surface after tilling. Tilling will be necessary prior to seeding as well as when the summer or winter species must be eradicated. 2. Limit preparation to areas which will be immediately seeded. D. Topsoil/Organically Amended Soil Areas shall have topsoil (or an approved organically amended soil) uniformly distributed and evenly spread to a thickness of not less than six (6) inches. E. Lime Apply the rate and amount of lime necessary to maintain the areas at a pH level of 6 to 6.8. Soil analysis report of existing conditions and pH level will designate the amount of lime necessary to bring the soil to the acceptable levels. F. Fine Grade Fine grade seed areas to smooth, even surface with loose, uniformly fine texture. Roll, rake, and drag areas, remove ridges and fill depressions, as required to meet DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 13302 - 6 finish grades. Moisten prepared areas before planting if soil is dry. Water thoroughly and allow surface moisture to dry before planting seed. Do not create a muddy soil condition. G. Fertilizer Apply fertilizer at a uniform rate as determined by soil testing. Incorporate fertilizer and lime into the soil to a depth of at least four (4) inches; this may be done as part of the subgrade tillage operation. H. Installation Seed immediately after preparation of bed. Seed areas disturbed as a result of construction activities. Mix seed on-site or in the presence of the QAO. Sow seed with approved sowing equipment. Cover seed by means of harrow, cultipacker, or other approved device. Perform seeding operations when the soil is dry and when winds do not exceed 5 miles per hour velocity. I. Rolling Immediately after seeding, firm entire area with a roller. J. Mulch Immediately mulch newly seeded areas. Chopped straw shall be evenly applied so as to provide a loose depth of not more than one half (1/2) inch with 75% coverage. K. Tack Coat 1. Immediately following mulching, straw shall be secured in place by an EPA registered tackafier at a uniform applied rate as specified on the label. 2. In lieu of tackafier, crimp straw into soil by mechanical means or cover with an approved erosion control blanket. L. Precautions Protect existing utilities, structures, pavements, or plantings from damage caused by seeding operations. CONTRACTOR will be held responsible for any/all damages. Extreme caution must be given when tilling, liming, and fertilizing in the dripline of existing trees. Restrict traffic from seeded areas until grass is established. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 13302 - 7 M. Cleaning Perform cleaning during installation of the work and upon completion of the work. Remove from site excess materials, debris, and equipment. Part 4 Maintenance 4.01. Begin maintenance immediately after seeding. 4.02. Maintenance shall include, but not be limited to proper watering, refilling of rainwashed gullies and rutted areas, refertilizing, mowing, liming, disease and insect pest control, aerating, protective spraying, and other procedure consistent with good horticultural practice necessary to establish normal, vigorous, healthy growth. 4.03. Ample soil moisture must be maintained during this period. A thorough watering to a minimum depth of 4” once every 3-5 consecutive calendar days, depending upon soil type and drainage shall be accomplished to maintain ample soil moisture during the growing season. 4.04. The CONTRACTOR shall maintain seeded areas until final acceptance of the project and shall restore or replace any portion of the seeding work that is found defective or which becomes damaged prior to final acceptance. If winter or summer crops are planted, they must be maintained until spring or fall seeding schedules can be met. The CONTRACTOR will be responsible for planting, maintaining the temporary cover, eradicating the temporary cover crop by tilling and grading prior to spring or fall seeding seasons, and replanting the project based on the spring or fall planting selections, whichever comes first. The CONTRACTOR shall perform supplemental seeding when less than a 90% uniform stand of permanent grass is obtained. Restoration or replacement work shall include the re-establishment of the grade or profile of the area, replacement of topsoil, refertilization, reseeding or remulching as directed by the CQA Engineer. Maintenance must be performed by the CONTRACTOR until the final acceptance of the spring or fall season grass is accomplished. There is no time limit in force. Part 5 Inspection and Acceptance 5.01 In the event a summer or winter cover crop is required, an inspection will take place to verfiy that the cover crop has provided a 90% uniform stand of cover. Following the maintenance of the cover, eradication by tilling, and reseeding based on the season, a substantial inspection will be accomplished by the QAO. If a cover crop is not necessary, a substantial inspection can be performed by the QAO once the permanent seeding has germinated and provided a 90% uniform stand of grass. 5.02 Once corrections are complete, another inspection will be conducted by the QAO. Upon DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 13302 - 8 successful completion of the seeding project, the CONTRACTOR will be notified in writing as to the beginning date for the warranty period to include a 60 day maintenance period. 5.03 Warranty Period A. For seeded areas, a warranty period of 60 days is required after a substantial completion notice has been issued. If the project was seeded in the fall and not given full 60 days of maintenance, or if the project seeding was not considered acceptable at the time, the CONTRACTOR will continue maintenance until the following spring once acceptable turf is established. B. The CONTRACTOR must maintain the seeded areas until a final acceptance inspection has been completed and a certificate of acceptance is issued. 5.04 Final Acceptance Following the 60 day warranty and maintenance period, a final inspection will be conducted by the QAO. Upon successful completion, a written notice of acceptance will be sent to the CONTRACTOR from the QAO. Upon acceptance, the COUNTY will assume maintenance of the seeded areas. END OF SECTION DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 15060 - 1 SECTION 15060 PIPE AND PIPE FITTINGS Part 1 General 1.01. Requirements Included Provide personnel, equipment, and materials to install pipe, fittings, and appurtenances to general lines and grades shown on the plans. 1.02. Related Requirements Section 02200 Earthwork 1.03. Quality Assurance Comply with applicable codes and regulations as required by regulatory agencies having jurisdiction over this work. Comply with the pertinent sections of the following Standards: A. AWWA - American Water Works Association B. ANSI - American National Standards Institute C. ASTM - American Society of Testing and Materials 1.04. Submittals Shop drawings and product data are required for pipe and fittings. Part 2 Products Reinforced concrete pipe shall conform to ASTM C-76 Class III, unless otherwise indicated on the plans. The pipe interior shall be smooth and free from roughness, projections, or irregularities. Cracked or flaking pipe shall be rejected. Pipe with exposed reinforcement shall be rejected. Joints on RCP shall be tongue and groove or bell and spigot. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 15060 - 2 Part 3 Execution 3.01. Pipe Installation A. General 1. Proper implements, tools, and facilities shall be provided and used for the safe and convenient performance of the work. Pipe, fittings, and appurtenances shall be lowered carefully into the trench by means of a derrick, rope, or other suitable tools or equipment, in such a manner as to not damage materials and protective coatings and linings. Under no circumstances shall pipe materials be dropped or dumped into the trench. The trench should be dewatered prior to installation of the pipe. 2. Pipe and fittings shall be strung out along the route of construction where it will cause least interference with traffic. Commence at the lowest point in the system. Laying of pipe shall be commenced immediately after the excavation is started and every measure must be used to keep pipe laying closely behind trenching. No more than 10 feet of trench shall remain open at the end of each working day. Required connections to existing lines shall be made in accordance with local standards and requirements. Observe extreme care to keep debris from entering lines. Check carefully the invert elevations of existing lines to which connections are to be made and inform the Engineer immediately if there is a discrepancy with the plans. Each pipe shall be inspected for defects prior to being lowered into the trench and swabbed or brushed out so that no dirt or foreign material gets into the finished line. 3. Holes shall be scooped out where the bells occur such that the entire barrel of the pipe is bedded firmly and uniformly. Lay the pipe in straight lines and on uniform grades between points where changes in alignment or grade are shown. Fit the pipe to form close concentric joints. Immediately after each joint is made, drag a close fitting swab past the joint within the pipe. The pipe shall be kept closed by means of a test plug whenever work is not in progress. B. Examination of Materials All pipe fittings, valves, and other appurtenances shall be examined carefully for damage and other defects immediately before installation. Defective materials shall be marked and held for inspection by the COUNTY, who may prescribe corrective repairs or reject the materials. C. Pipe Ends All lumps, blisters, and excess coating shall be removed from the socket and plain DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Permit Technical Specifications Revised March 15, 2021 Section 15060 - 3 ends of each pipe, and the outside of the plain end and the inside of the bell shall be wiped clean and dry and be free from dirt, sand, grit, or foreign material before the pipe is laid. D. Pipe Cleanliness Foreign material shall be kept from entering the pipe while it is being placed in the trench. During pipe laying operations, no debris, tools, clothing, or other materials shall be placed in the pipe. E. Pipe Placement As each length of pipe is placed in the trench, the joint shall be assembled and the pipe brought to correct line and grade. The pipe shall be secured in place with approved backfill material. F. Pipe Deflection When it is necessary to deflect pipe from a straight line in either the vertical or horizontal plane, or where long radius curves are permitted, the amount of deflection shall not exceed manufacturer's recommendations. G. Pipe Cutting Cutting pipe for the insertion of valves, fittings, or closure pieces shall be done in a neat, workmanlike manner without creating damage to the pipe or lining. H. Pipe Bedding Pipe bedding shall be in accordance with Section 02221. I. Backfill Backfill shall be in accordance with Section 02221. 3.02. Pipe Testing No testing of reinforced concrete pipe is required. END OF SECTION DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Appendix 1 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 ORANGE COUNTY EUBANKS ROAD C&D LANDFILL PHASE 2 CONSTRUCTION CONSTRUCTION QUALITY ASSURANCE PLAN DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED This page intentionally left blank DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Table of Contents Revised March 15, 2021 CONSTRUCTION QUALITY ASSURANCE PLAN TABLE OF CONTENTS A. INTRODUCTION ............................................................................................................................. 0 1. Applicable Units ..................................................................................................................... 0 2. Quality Assurance .................................................................................................................. 0 3. Quality Control ....................................................................................................................... 1 4. Related Requirements ............................................................................................................ 2 5. Key Personnel ......................................................................................................................... 2 6. Communications ..................................................................................................................... 5 B. EARTHWORK .................................................................................................................................. 8 1. Laboratory Testing - Soils ..................................................................................................... 8 2. Field Testing – Soils and Aggregates .................................................................................. 9 3. Quality Assurance Observations ........................................................................................ 12 C. GEOSYNTHETICS (NOT USED) ............................................................................................. 14 D. GENERAL CONSTRUCTION ................................................................................................... 15 1. General ................................................................................................................................... 15 2. Sitework ................................................................................................................................. 15 4. Landfill Gas Management Components ........................................................................... 16 5. Capping .................................................................................................................................. 17 6. Embankments ........................................................................................................................ 17 7. Miscellaneous ....................................................................................................................... 19 E. DOCUMENTATION ..................................................................................................................... 20 1. Field Documentation ............................................................................................................ 20 2. Record Drawings .................................................................................................................. 20 3. Final Documentation ............................................................................................................ 24 4. Certifications ......................................................................................................................... 25 F. REFERENCE ................................................................................................................................... 25 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 CONSTRUCTION QUALITY ASSURANCE PLAN A. INTRODUCTION 1. Applicable Units This Construction Quality Assurance (CQA) Plan is applicable to the Orange County Eubanks Road C&D Landfill during the construction of the project. 2. Quality Assurance a. Quality Assurance (QA) is defined as independent qualitative observations, monitoring and documentation to verify that the Quality Control (QC) program is implemented correctly. b. The purpose of Quality Assurance is to establish standards that must be followed by the Resident Engineer or Resident Engineering Technician in order to confirm that the construction of the containment facility and its components meet the specifications given in the design. The principle objects of an effective Quality Assurance program include: • Verification of the implementation of the QC program. • Mitigation of potential long-term problems and failures. • Documentation of construction and QC testing. • Preservation of completed work during subsequent construction activities. c. The principle methods with which objectives are achieved are as follows: • Visual Inspection of materials upon delivery to identify damaged materials, cross check lot numbers with manufacturer test data and obtain conformance test samples. • Conformance Testing of delivered materials to verify physical characteristics of material. Conformance testing should be completed prior to installation. • Construction Observation of installation and testing. Continuous inspection on site to observe the QC program such as weld testing (destructive and nondestructive), maintaining record drawings, verifying patches and retests, and preparation of daily reports. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 • Accountability of QC personnel. The QA program will require accountability of QC personnel by means of "signing off" on test sections and repaired sections. 3. Quality Control a. A QC program shall be maintained for Project construction activities. The Quality Control Officer (QCO) shall be on site as required for representative testing. The QCO shall be responsible for the implementation of the quality control program. b. The QC program shall consist of construction and administrative activities related to the Project to control the overall quality of the Project. Quality shall be defined as the level of effort, materials, means or methods used which meet the minimum requirements as specified in the Project Documents. Administrative items included in the QC program include project schedules, project submittals, schedule of values, field logs, and record drawings and surveys. c. Minimum testing requirements are included in applicable specification sections. Tests that fail to comply with the minimum requirements shall be retested at the Contractor's expense. The Owner reserves the right to direct additional testing and sampling. d. A qualified testing laboratory shall perform soils testing. Laboratory shall obtain certificate of calibration in accordance with ASTM E-4 or National Institute for Science and Technology (NIST) Handbook 44 standards for equipment used for soils testing. A soils testing laboratory representative shall be present on site during fill and backfilling operations that require quality control testing. e. A qualified testing laboratory shall perform geosynthetics testing. Laboratory shall obtain certification by the Geosynthetics Accreditation Institute-Lab Accreditation Program (GAI-LAP) by the Geosynthetic Institute (GSI) for appropriate geosynthetics testing procedures and machinery. f. Results of analysis shall be submitted to the Engineer as soon as they are available. Should the analyses show that the product tested does not comply with the specifications, the Contractor shall remove, repair or replace the product at no expense to the Owner. The Contractor may, at his option and expense, perform additional testing to substantiate the claim that the product complies with the specification requirements. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 4. Related Requirements Section 01560 Erosion and Sediment Control Section 01580 Project Coordination Section 01720 Project Record Documents Section 02110 Sitework Procedures Section 02200 Earthwork Section 02209 Erosion/Vegetative Support Layer (Cap Soil Cushion) Section 02221 Trenching, Backfilling and Compacting Section 02292 Infiltration Barrier Layer (Compacted Soil Cap) Section 02420 Surface Runoff Collection System Section 02480 Landfill Seeding Section 13320 Landfill Gas Vents Section 13322 Landfill Gas Detection Probes Section 15060 Pipe and Pipe Fittings 5. Key Personnel The organizations involved in the project include the: 1) Owner and Operator, Orange County Solid Waste Management Department, 2) North Carolina Department of Environmental Quality (NCDEQ), 3) Design Engineer, Draper Aden Associates, and 4) QA Personnel, Contractors and Subcontractors. Responsibilities of these principal organizations are described below. a. North Carolina Department of Environmental Quality It is the responsibility of the North Carolina Department of Environmental Quality (NCDEQ) to review the permit amendment application, including this QA plan, for compliance with the Rules of the North Carolina Administrative Code and the United States Environmental Protection Agency. The NCDEQ will issue a permit amendment for the facility upon completion of the review and necessary revisions to comply with the regulations. Prior to acceptance of wastes in the facility, the Owner shall submit to the NCDEQ a certification from a professional engineer that the facility has been constructed in accordance with the approved plans and specifications. b. Orange County Solid Waste Management Department 1) The Orange County Solid Waste Management Department - Orange County, North Carolina, the Owner and Operator, is responsible for the design, construction, operation, and closure of the permitted facility. The Owner has ultimate responsibility for complying with the regulations of the NCDEQ and assuring that the landfill has been constructed in accordance with the plans and specifications. This assurance is through the Quality Assurance Plan and subsequent documentation. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 2) The Owner is responsible for construction contract administration. The Owner shall be responsible for obtaining construction inspection services and, for specific construction items such as soil testing , shall retain the services of a Consulting Engineer (Consultant) that is independent of other Contractors involved in the construction on the site, including earthwork Contractors and installers of geosynthetic materials, if necessary. The QA plan performed by the Consultant is in addition to the QC requirements implemented by others. 3) Prior to acceptance of wastes in the facility, the Owner shall submit to the NCDEQ a certification from a professional engineer that the facility has been constructed in accordance with the approved plans and specifications and the QA report. c. Design Engineer The primary responsibility of the Design Engineer, Draper Aden Associates, is to design the facility in accordance with the North Carolina Solid Waste Management Rules and that meets the needs of the Owner’s construction and demolition waste management plan. These design responsibilities include clarification or interpretation of the plans during construction, and changes necessitated by unforeseen site conditions. If the plan revisions are regulated by the NCDEQ, those revisions shall be subject to approval by the NCDEQ prior to acceptance of the facility. d. Quality Assurance Engineer 1) The Quality Assurance Engineer (QAE) shall be a registered professional engineer certified in North Carolina and experienced in landfill construction. The QAE shall be employed by the firm retained as the QA Consultant by the Owner, and shall be responsible to inform the Owner, Engineer and Contractor if construction does not meet the design specifications. Parties must agree on the actions needed to bring the construction into compliance with the specifications and design intent. 2) The QAE shall review the design plans and specifications for constructability and clarity. If the design or specifications are unclear to the QAE, the QAE shall request in writing clarification from the Design Engineer. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 3) The QAE shall be responsible for: • Training the Quality Assurance Officer (QAO on requirements and procedures • Scheduling and coordinating QA activities • Confirming that testing equipment, personnel, and procedures do not change over the length of the project without written documentation • Confirming that test data are accurately documented • Notifying the Owner of construction quality problems • Recommendations for testing acceptance or rejection 4) The Quality Assurance Engineer shall inspect the site on a periodic basis and review test data and QAO logs in order to maintain control over the QA program. QAO shall respond promptly to items needing attention or approval in order to expedite work. QAO shall be responsible for the approval or disapproval of landfill construction work. Approval shall be based on conformance to the design specifications, conformance to the QA plan, and sound engineering judgment. In no case shall the QAE change or modify the landfill design prior to notifying the Engineer in writing of the specific changes or modifications. 5) The final construction documentation report will be prepared, signed and sealed by the Quality Assurance Engineer. e. Quality Assurance Officer 1) The Quality Assurance Officer (QAO) shall be employed by the Consultant and answer directly to the Quality Assurance Engineer. The QAO shall be experienced in earthwork construction, inspection procedures, and be familiar with the tests, processes, and materials involved in the construction of solid waste disposal facilities. QAO shall provide continuous on-site monitoring of appropriate construction operations and oversee that Quality Control sampling, testing and reporting mandated by these specifications are implemented by the Quality Control Officer (QCO). Appropriate construction operations that will require continuous on-site monitoring may include soil cap placement and placement of the cap cushion. Other construction operations will require periodic monitoring. 2) The QAO shall maintain logs and test records and certificates on site in a well- organized, tabulated manner. QAO shall log appropriate construction operations, sampling, and testing. Appropriate construction operations that will require continuous logging includes placement of the cap cushion. Other construction operations will also require periodic logging. Copies of logs, test records and certificates shall be provided to the QAE for review. The QAO DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 shall notify the QCO immediately of non-complying test results and shall be available to verify remediation and retesting of non-complying work. The QAO shall maintain an awareness of the project and detect conditions that may directly or indirectly jeopardize the integrity of the field testing. 3) The QAO shall verify that the equipment used in the testing meets the specification requirements and that the tests are conducted in accordance with the standard procedures specified. f. Contractor The Contractor shall be responsible for constructing the facility in strict compliance with the plans and specifications. The Contractor shall be responsible for any of its subcontractors retained to perform work on the project. The Contractor shall be responsible for QC Testing performed by the subcontractor and the Contractor shall further be responsible for submittals of QC documentation completed by the Contractor or subcontractors. 6. Communications a. Preconstruction Meeting A preconstruction meeting shall be held after award of the contract to the successful bidder. Present at the preconstruction meeting shall be the Owner, the Contractor, the Engineer, and QA personnel. The discussion at this meeting shall include, but not be limited to, the following: 1) Providing each organization will relevant QA documents and supporting information. 2) Familiarizing each organization with the QA plan and its role relative to the plans and specifications. 3) Reviewing the responsibilities of each organization. 4) Reviewing lines of authority and communication for each organization. Communications will to be strictly documented. Copies of communications will be distributed in a timely manner to each organization. 5) Discussing the established procedures or protocol for observations and tests including sampling strategies. 6) Discussing the established procedures or protocol for handling construction deficiencies, repairs, and retesting. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 7) Reviewing methods for documenting and reporting inspection data. 8) Reviewing methods for distributing and storing documents and reports. 9) Reviewing work area security and safety protocol. 10) Discussing procedures for the location and protection of construction materials and for the prevention of damage of the materials from inclement weather or other adverse events. 11) Conducting a site walk-over to review construction material and inspection equipment storage locations. The QA personnel shall document the Preconstruction Meeting. Copies of the documentation will be forwarded to each organization. b. Progress Meetings Progress Meetings will be held at least every other week at the work area, unless otherwise directed by the Owner. Attending the meeting will be the Contractor, the Engineer, and the QA Personnel. The purpose of the meeting is to: 1) Review the previous week's activities and accomplishments. 2) Review the work location and activities for the upcoming week. 3) Identify the Contractor's personnel and equipment assignments for the upcoming week. 4) Discuss potential construction problems. The QA personnel shall document the Progress Meetings. Copies of the documentation will be forwarded to each organization. c. Problem or Work Deficiency Meetings If a problem or deficiency is present, or likely to occur, a special meeting will be held. This meeting will be attended by the Contractor, the Owner, the QA Personnel, and the Engineer, if necessary. The purpose of the meeting will be to define and resolve the problem or problems, or recurring work deficiency, in the following manner: 1) Define and discuss the problem or deficiency. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 2) Review alternative solutions. 3) Implement a plan to resolve the problem or deficiency. The QA personnel will document Problem or Work Deficiency Meetings. Copies of the documentation will be forwarded to each organization. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 B. EARTHWORK 1. Laboratory Testing - Soils Provide personnel, materials, and equipment to determine field and laboratory density and permeability of soil materials. The following tests and minimum testing frequencies are required to be performed on soils being used for construction. Material shall be sampled from the site or taken from stockpiles in an accepted and representative manner. a. Moisture-Density Relationships shall be performed in accordance with ASTM D698 (standard Proctor) or ASTM D1557 (modified Proctor) as specified. b. Soil Classification tests shall include a sieve analysis (ASTM D6913 and D7928), a natural moisture content (ASTM D2216), hydraulic conductivity (ASTM 5084) and an Atterberg Limit determination (ASTM D4318). Soil classifications shall be performed in conjunction with a moisture-density relationship and whenever a change in material occurs. c. The Contractor can, at his own discretion, perform additional ASTM Proctor Tests, with varying efforts, in order to establish a larger acceptable moisture-density region. The Modified Proctor is recommended. The additional tests shall be performed at a minimum of once per 5,000 cubic yards delivered. d. The minimum frequency of testing shall be as follows: Soil borrow source testing: Test ASTM Designation or Other Test Method Frequency Grain Size Analysis D6913, D7928 and D1140 1 per 10,000 cy Natural Moisture Content D2216 1 per 10,000 cy Classification D2487 1 per 10,000 cy Atterberg Limits D4318 1 per 10,000 cy Hydraulic Conductivity D5084 1 per 10,000 cy Shear Strength D3080 1 per 10,000 cy Moisture-Density Relationship D698 or D1557 1 per 10,000 cy and changes in material DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 2. Field Testing – Soils and Aggregates Test ASTM Designation or Other Test Method Frequency Compacted Density D2922, D1556, or D2937 1 per 90' x 90' grid per lift Compacted Moisture Content D3017 or D2216 1 per 90' x 90' grid per lift Classification D2487 1 per 10,000 cy Atterberg Limits D4318 1 per 10,000 cy Hydraulic Conductivity D5084 1 per 10,000 cy Shear Strength D3080 1 per 10,000 cy Moisture-Density Relationship D698 or D1557 1 per acre Compacted Density - Trench Backfill D2922, D1156, or D2937 1 per 100 lineal ft per lift Compacted Moisture Content - Trench Backfill D3017 or D2216 1 per 100 lineal ft per lift Backfill Placement Observation Continuous Road Aggregates D2922 or D2937 1 per 100 lineal feet of road, a minimum of 1 test per lift of select fill Intermediate / Bedding Soil Layer Thickness Observation, Field Measurement 50 ft x 50 ft grid Controlled Subgrade / Base Layer Thickness Observation, Field Measurement 50 ft x 50 ft grid Protective Cover Layer Thickness Observation, Field Measurement 50 ft x 50 ft grid Vegetative Support Layer Thickness Observation Continuous Notes: a. Every fifth sample tested with ASTM D2922 shall be verified by ASTM D1556, Sand Cone or ASTM D2937, Drive Cylinder). b. Every fifth sample tested with ASTM D3017 shall be verified with ASTM D2216, Laboratory Determination of Water Content of Soil, Rock, and Soil-Aggregate Mixtures. c. Test locations shall be identified by the Contractor by horizontal and vertical control and presented on drawing or sketch indicating dimensions. d. If a test fails to meet the required compaction level or moisture content, then the area represented by that test shall be reworked and retested at the Contractor's expense. Corrective measures shall be documented in the Quality Control and Quality Assurance reports. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 e. The Contractor shall plug test locations with a 50% cap soil, 50% bentonite mixture compacted in 2" lifts to control leakage. In areas where existing soils are excavated to proposed grades, existing soils shall be field tested, assuming a 2 foot thickness in calculating required number of tests, by obtaining a representative, composite sample of the subgrade soils. Soils shall be tested at the following rates: Test ASTM Designation or Other Test Method Frequency Classification D2487 1 per 10,000 cy Atterberg Limits D4318 1 per 10,000 cy Hydraulic Conductivity D5084 1 per 10,000 cy Shear Strength D3080 1 per 10,000 cy Moisture-Density Relationship D698 or D1557 1 per acre Base Soil Layer Thickness Observation, Field Measurement 50 ft x 50 ft grid Notes: a. The landfill subgrade shall consist of a minimum of two feet of SC, SM, ML, CL, MH, or CH or as specified in the approved construction plan. b. The landfill subgrade shall be inspected by a qualified geologist or engineer once excavation has been complete. c. The NCDEQ Solid Waste Section’s hydrogeologist shall be contacted a minimum of 24 hours prior to landfill subgrade inspection. d. The Contractor shall plug test locations with a 50% cap soil, 50% bentonite mixture compacted in 2" lifts to control leakage. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 Infiltration Barrier Layer Test ASTM Designation or Other Test Method Frequency Compacted Density D2922, D1556, or D2937 1 per 90' x 90' grid per lift Compacted Moisture Content D3017 or D2216 1 per 90' x 90' grid per lift Classification D2487 1 per 10,000 cy Atterberg Limits D4318 1 per 10,000 cy Hydraulic Conductivity (Remold) D5084 1 per 10,000 cy Hydraulic Conductivity (Shelby Tube) D5084 1 per acre per lift Shear Strength D3080 1 per 10,000 cy Moisture-Density Relationship D698 or D1557 1 per acre Backfill Placement Observation Continuous Infiltration Barrie Layer Thickness Observation, Field Measurement 50 ft x 50 ft grid Notes: a. Every fifth sample tested with ASTM D2922 shall be verified by ASTM D1556, Sand Cone or ASTM D2937, Drive Cylinder). b. Every fifth sample tested with ASTM D3017 shall be verified with ASTM D2216, Laboratory Determination of Water Content of Soil, Rock, and Soil-Aggregate Mixtures. c. Test locations shall be identified by the Contractor by horizontal and vertical control and presented on drawing or sketch indicating dimensions. d. If a test fails to meet the required compaction level or moisture content, then the area represented by that test shall be reworked and retested at the Contractor's expense. Corrective measures shall be documented in the Quality Control and Quality Assurance reports. e. The Contractor shall plug test locations with a 50% cap soil, 50% bentonite mixture compacted in 2" lifts to control leakage. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 Infiltration Barrier Layer Test Pad Test ASTM Designation or Other Test Method Frequency Compacted Density D2922, D1556, or D2937 5 per lift Compacted Moisture Content D3017 or D2216 5 per lift Hydraulic Conductivity (Shelby Tube) D5084 1 per acre per lift Backfill Placement Observation Continuous Notes: a. Every fifth sample tested with ASTM D2922 shall be verified by ASTM D1556, Sand Cone or ASTM D2937, Drive Cylinder). b. Every fifth sample tested with ASTM D3017 shall be verified with ASTM D2216, Laboratory Determination of Water Content of Soil, Rock, and Soil-Aggregate Mixtures. c. Test locations shall be identified by the Contractor by horizontal and vertical control and presented on drawing or sketch indicating dimensions. d. If a test fails to meet the required compaction level or moisture content, then the area represented by that test shall be reworked and retested at the Contractor's expense. Corrective measures shall be documented in the Quality Control and Quality Assurance reports. e. The Contractor shall plug test locations with a 50% cap soil, 50% bentonite mixture compacted in 2" lifts to control leakage. 3. Quality Assurance Observations a. Soil Foundation The QAO shall include verification that an appropriate subgrade is established for subsequent layer placement. This may include the placement and compaction of controlled fill (Section 02200). The verification shall include the following: 1) Observations of soil and rock surfaces for adequate filling of rock joints, clay fractures, or depressions, and removal and filling of sand seams. Shall document in written form and photographs the condition of the subgrade prior to placement of subsequent layers. 2) Measurements of the depth and slope of the excavation or fill to verify that it meets design requirements. Shall document the depths of structural fill placed. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 3) Observations to verify proper placement of recessed areas for collection pipes. 4) Observations to verify the quality of compacted fill. Shall observe and document that Quality Control Testing was performed on compacted fill. Shall verify that QC testing includes density, moisture content, Atterberg limits, soil classifications, and maximum clod size. Shall compile documentation of QC testing on compacted fill. Shall compile documentation of locations of QC testing on compacted fill. 5) Observations of stripping and excavation to confirm that there are no moisture seeps and that soft, organic, and otherwise undesirable materials are removed. Proof-rolling with heavy equipment can be used to detect soft areas likely to cause settlement. Shall document in written form and photographs removal of undesirable materials. 6) Observations to verify the removal of objects such as roots or objects that could penetrate other layers. 7) Observations to verify that the surface is properly compacted, smooth, uniform, and consistent with design grades. Shall document in written form and photographs the surface of the subgrade. 8) Observations to verify the top two feet of subgrade consist of SC, SM, ML, CL, MH, or CH or as specified in the approved construction plan. 9) The subgrade shall be inspected by a qualified geologist or engineer once construction of the landfill base is completed. 10) The Owner or QAO shall contact the NCDEQ Solid Waste Unit’s hydrogeologist a minimum of 24 hours prior to subgrade inspection. b. Protective Soil Cover The QAO shall include observation and verification that protective soil cover is property placed on the infiltration barrier layer for the final cover system. Depths shall be verified. The verification shall include the following: 1) Measurements of the depth and slope of the excavation or fill to verify that it meets design requirements. 2) Observations to verify the removal of objects such as roots or objects that could penetrate lower layers. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 3) Observations to verify that the surface is properly compacted, smooth, uniform, and consistent with design grades. Shall document in written form and photographs the surface of the subgrade. c. Cap Subgrade The QAO shall include verification that an appropriate subgrade is established for cap placement. This may include the placement and compaction of fill. The verification shall include the following: 1. For cap foundations, observations of the daily or intermediate cover layer for proper grading, soft spots, exposed waste or other conditions that could adversely affect the cap material. Document the condition of the subgrade prior to cap soil placement in writing. Photographs may be used as needed. 2. Measurements of the depth and slope of the excavation or fill to verify that it meets design requirements. Document the depths of fill placed. 3. Observations to verify the quality of compacted fill. Observe and document that Quality Control Testing was performed on compacted fill. Verify that QC testing includes density, moisture content, Atterberg limits, soil classifications, and maximum clod size. Compile documentation of QC testing on compacted fill. Compile documentation of locations of QC testing on compacted fill. 4. Observations of stripping and excavation to verify that there are no moisture seeps and that soft, organic, or otherwise undesirable materials are removed. Proof-rolling with heavy equipment can be used to detect soft areas likely to cause settlement. Document in written form and photographs removal of undesirable materials. 5. Observations to verify the removal of objects such as roots or objects that could penetrate the cap. 6. Observations to verify that the surface is properly compacted, smooth, uniform, and consistent with design grades. Document in written form and with photographs the surface of the cap foundation. C. GEOSYNTHETICS (NOT USED) DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 D. GENERAL CONSTRUCTION 1. General a. The Contractor and QA Personnel shall review the plans and specifications for clarity. If needed, the Engineer will provide further clarification or modification so that the plans and specifications are understandable to involved parties. b. The QAO and QAE shall verify that the minimum testing is performed and results documented or certificates provided in conjunction with the following construction items. 2. Sitework The QAE and QAO shall review site investigation information to familiarize themselves with the expected site conditions upon which the facility designs were based. This will assist with identifying unexpected site conditions that may be encountered during construction. 3. Landfill Base Grades and Subgrades a. The QAO shall inspect the landfill subgrade excavation and excavation to verify that an appropriate subgrade is established. This may include the placement and compaction of fill. (Section 02200). The QAO shall observe and verify embankment construction to include the following: 1) Observations of soil and rock surfaces for adequate filling of rock joints, clay fractures, or depressions, and removal and filling of sand seams. 2) Measurements of the depth and slope of the excavation or fill to verify that it meets design requirements. Document measurements. 3) Observations to verify proper placement of recessed areas for collection pipes. 4) Observations to verify the quality of compacted fill. Verify that testing is performed in accordance with the specifications. Tabulate testing results. Include tabulation and testing results in the final QA report. 5) Observations of stripping and excavation to verify that there are no moisture seeps and that soft, organic, and otherwise undesirable materials are removed. Proof-rolling with heavy equipment can be used to detect soft areas likely to cause settlement. 6) Observation and documentation of type of compaction equipment, number of passes, and uniformity of compaction coverage. 7) Measurement of loose lift thickness. 8) Observation of material type, texture, color, and moisture content as placed. 9) Observation of scarification and connection between compacted fill lifts. b. In general, observations shall be documented in the logs maintained by the QAO. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 4. Landfill Gas Management Components a. Materials Quality Control 1. Contractor shall provide certifications for piping and aggregates used in the system. 2. Contractor shall provide submittals for all components for gas collection system for review and acceptance by the Design Engineer. b. Construction Quality Assurance 1. CQA firm shall verify piping and aggregates meet the material specifications. 2. CQA firm shall observe and document excavation of vent pit and record depths. 3. CQA firm shall observe and document the installation of a separation textile, installation of #57 stone bedding for the vent piping, slots in piping were cut into the pipe and installed facing downward, the remaining pit is filled with #57 stone, bentonite plug is installed around vent pipe, and the gas vent cap and screen is installed. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 5. Capping a. The QAO shall verify and document that cap material is certified and that a borrow area is approved for the soil components of the cap. b. QA for the landfill cap shall include appropriate verification and documentation for the final cap system, as detailed in this CQA Plan. In addition, QA shall include: 1) Observations of the soil infiltration layer placement. Photographs may be used as needed. 2) Measurements of the depth and slope of the fill to verify that it meets design requirements. Document the depths of fill placed. 3) Observations to verify the quality of compacted fill. Observe and document that Quality Control Testing was performed on compacted fill. Verify that QC testing includes density, moisture content, Atterberg limits, soil classifications, and maximum clod size. Compile documentation of QC testing on compacted fill. Compile documentation of locations of QC testing on compacted fill. 4) Observations to verify the removal of objects such as roots or objects that could penetrate the infiltration barrier layer. 5) Observations to verify that the surface is properly compacted, smooth, uniform, and consistent with design grades. Document in written form and with photographs the surface of the infiltration layer. 6) Verification that the vegetative support layer (12-inch layer below the topsoil) followed by the topsoil layer (top 6-inch layer) are spread uniformly, that thicknesses are achieved, that slopes are as specified, and that the soil is not overly compacted. 7) Verify that the seeding method is as specified. Verify and document seed mixtures, fertilizer and lime content, and mulch application. Verify that seeding occurs during favorable weather and is not placed during high wind or rain or when the soil is frozen. 8) Visually inspect the completed cover to verify that it meets the specified design. Depressions or deficiencies shall be noted and corrected. The perimeter configuration, including drainage conduits, shall be examined for conformance to design specifications. Visually inspect cover until vegetation is established. 6. Embankments DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 a. The QAO shall inspect the embankment foundation to verify that an appropriate subgrade is established for embankment construction. This may include the placement and compaction of fill. (Section 02200). The QAO shall observe and verify embankment construction to include the following: 1) Observations of soil and rock surfaces for adequate filling of rock joints, clay fractures, or depressions, and removal and filling of sand seams. 2) Measurements of the depth and slope of the excavation or fill to verify that it meets design requirements. Document measurements. 3) Observations to verify proper placement of recessed areas for collection pipes. 4) Observations to verify the quality of compacted fill. Verify that testing is performed in accordance with the specifications. Tabulate testing results. Include tabulation and testing results in the final QA report. 5) Observations of stripping and excavation to verify that there are no moisture seeps and that soft, organic, and otherwise undesirable materials are removed. Proof-rolling with heavy equipment can be used to detect soft areas likely to cause settlement. 6) Observation and documentation of type of compaction equipment, number of passes, and uniformity of compaction coverage. 7) Measurement of loose lift thickness. 8) Observation of material type, texture, color, and moisture content as placed. 9) Observation of scarification and connection between compacted fill lifts. b. In general, observations shall be documented in the logs maintained by the QAO. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 7. Miscellaneous The QAO shall verify and document that fill placement is compacted and tested; that utility trenches are backfilled and tested; that gravity, pressure lines and manholes are leak tested and grades are verified; that subgrades are maintained and pavements constructed as specified; that structures are constructed as specified; that landscaping conforms to the plans and specifications; that fencing, gates, and signs are installed in the locations specified. DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 E. DOCUMENTATION 1. Field Documentation a. Logs will be prepared by the QAO presenting detailed descriptions of construction events. Logs shall include, but are not limited to: 1) Date, project name, location, and other identification 2) Unique sheet numbering for document control 3) Reports on meetings held and their results 4) Construction operation and their locations. 5) Operations and locations of Quality Control personnel. 6) QC tests performed, their designation and location. 7) Description of off-site materials received, including quality verification (vendor certification) documentation. 8) Locations and designations of samples obtained. 9) Meteorological data and conditions. 10) Decisions made regarding approval of unit of material or of work, and/or corrective actions to be taken in instances of substandard quality 11) Unique identifying sheet numbers of inspection data sheets and/or problem reporting and corrective measures reports used to substantiate the decisions described in the preceding item. 12) General comments and observations. b. A copy of logs shall be kept on site and made available to the Owner, Engineer, and QAE. c. Field and laboratory test data shall be identified and maintained in an easily referenced manner on the site. d. Corrective measures taken to bring the unsuitable work into conformance with the design specifications must be documented. This documentation shall describe the non-conformity, the exact location (both horizontal and vertical extent), test designations indicating non-conformity, the corrective active agreed upon, and test results indicating the remedial action is acceptable. e. Photographic reports shall also be maintained. These photographs will serve as a pictorial record of work progress, problems, and corrective measures. They will be kept in a permanent protective file in the order in which they were taken. 2. Record Drawings DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 a. Scope Owner shall provide certified record drawings of work completed for construction of landfill base grades, landfill gas collection, landfill drainage features, and landfill cap layers. The Contractor shall be responsible for construction stakeout. b. Qualifications A land surveyor currently licensed by the State of North Carolina shall prepare record drawings. The land surveyor may be employed by the Quality Assurance firm. c. Drawings 1) Provide record drawings as indicated in this section. Drawings shall be submitted in latest AutoCAD Release format or as otherwise indicated by the Engineer. Provide five (5) hard copies of each record drawing. Hard copies of drawings shall be sealed and signed by the land surveyor. Submit certification with each record drawing that the elevations and locations of the new work are in conformance or non-conformance with the Contract Documents. 2) Drawings shall be tied to and include the same horizontal and vertical grid system indicated on the design plans of the permit documents. 3) Information in the AutoCAD files must be at appropriate three-dimensional elevation and coordinate. Entities shall be placed on layer names that describe the entity mapped. d. Grades and Locations Grades for each layer comprising the base and cap system shall be contoured on a scaled plan and submitted to the QAO for review upon completion of that portion of the work. The record drawings shall include the following. 1) Base Grades Provide the elevations of the landfill base area to prior to placement or excavation to the prepared subgrade layer. The record drawing shall indicate the conditions of the site after vegetation has been stripped from the proposed area and the surface prepared and ready for placement of fill materials. Provide grid locations that indicate the elevations of the base grades on a maximum 50-foot grid. On slopes, at a minimum the survey points will include top of slope, midpoint, and toe of slope. Survey points shall be DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 obtained at significant grade breaks. The contour interval shall be 2 feet. The scale of the drawing shall be no greater than 1 inch = 50 feet. a) Thickness Verification Table Thickness verification tables will be generated for the base grade. All thicknesses shall be measure perpendicular to the base slope. 2) Cap Provide the elevations of the area to be capped prior to placement of cap materials. The record drawing shall indicate the conditions of the site after vegetation has been stripped from the closure area and the surface prepared and ready for placement of the infiltration barrier layer. Provide grid locations that indicate the elevations of the base grades on a maximum 50- foot grid. On slopes, at a minimum the survey points will include top of slope, midpoint, and toe of slope. Survey points shall be obtained at significant grade breaks. The contour interval shall be 2 feet. The scale of the drawing shall be no greater than 1 inch = 50 feet. a) Thickness Verification Table Thickness verification tables will be generated for the 6-ich topsoil finished grade, 12-inch controlled subgrade and 18-inch infiltration layer. All thicknesses shall be measure perpendicular to the base slope. 3) Infiltration Layer Provide the horizontal limits of the top of the infiltration layer. Provide grid locations that indicate the completed elevations of the soil cap. Grid locations shall be horizontally the same as the grid locations used for base grades. No additional soil layers shall be placed until a certified survey is submitted and approved by the QAE demonstrating that the surface of the infiltration layer conforms to the Contract Documents and that the layer is a minimum of 18 inches thick. Partial surveys may be accepted at the discretion of the QAE. 3) Erosion/Vegetative Support Layer Provide the horizontal limits of the top of the erosion/vegetative support layer. Provide grid locations that indicate the completed elevations of the soil cap. Grid locations shall be horizontally the same as the grid locations used for base grades. No additional soil layers shall be placed until a certified survey is submitted and approved by the QAE demonstrating that the surface of the erosion/vegetative support layer conforms to the Contract Documents and that DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 the layer is a minimum of 12 inches thick. Partial surveys may be accepted at the discretion of the QAE. 4) Surface Features Provide the horizontal limits of the top of the topsoil layer. Provide grid locations that indicate the completed elevations of the soil cap. Grid locations shall be horizontally the same as the grid locations used for base grades. Additionally, provide record drawing after completion of the project that includes, but may not be limited to, the following items. • diversion berms • drainage channels • culverts (with inverts) • manholes • water lines and valves • hydrants • sewer lines • landfill gas vents/landfill gas wells • landfill gas monitoring probes • roads • structures • ponds • riprap aprons and outlets • concrete pads • utility poles • cleanouts 5) Tolerances Tolerances for the various components surveyed for the cap system shall be: • base grades: 0 to -0.2 feet • top of vegetative layer: 2.0 +0.2 feet from top of soil cap • piping: +0.1 feet provided required slopes are maintained • all other components ±0.2 feet These tolerances are allowable provided the required slopes and material thicknesses are maintained. Tolerances for piping shall be +0.1 feet. e. Construction Staking DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 The Contractor shall be responsible for maintaining the integrity of construction stakes. Re- staking shall be the Contractor's expense. The Contractor shall maintain adequate construction staking for reference by the QA personnel when locating work elements and test locations. f. Marked-Up Drawings The Contractor shall be responsible for maintaining an accurate set of marked-up drawings on the construction site. Marked-up drawings shall accurately reflect grades and locations and changes or modifications to the plans. Indicate changes and modifications by colored pencil on a set of project drawings. Upon completion of the project, the marked-up drawings shall be submitted to the Engineer. 3. Final Documentation a. Upon completion of the project, final documentation will be organized and indexed to enable easy access and retrieval of original inspection, testing data sheets, material certification, reports and record drawings. During the construction period, originals of the documents shall be kept by the QAO at the site. At the completion of the project, the QAE will compile the quality assurance data and assemble the certification report. b. The final documentation shall include project correspondence pertaining to changes or clarifications to the work. c. The final documentation shall include project submittals. Project submittals shall be numbered and tabulated in a submittal log. d. The following items will also be included in the documentation to be submitted to the DEQ: • Photographs • Gas vents and gas probes: • surveyed as-built location drawing • completion logs DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Eubanks Road C&D Landfill Construction Quality Assurance Plan Revised March 15, 2021 4. Certifications a. The final documentation will be signed by the Quality Assurance Engineer to certify that the approved CQA plan has been successfully carried out and that the unit meeting the requirements of NCAC Rule .0541 (c) and (d). b. In addition to the certification by the CQA officer, a separate certification by the Design Engineer is required in accordance with NCAC Rule .0540 and .0541. The Design Engineer will certify that the work has been completed in accordance with the approved plans and specifications and the facility is ready to begin operation. F. REFERENCE Portions of this Quality Assurance Plan were based or excerpted from the EPA Technical Guidance Document: Construction Quality Assurance for Hazardous Waste Land Disposal Facilities, OSWER Report No. EPA/530-SW-86-031. END OF CQA PLAN DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Bid No 367-OC5320: Orange County Solid Waste Eubanks Road C&D Landfill Permit No 68-04 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED Orange County Solid Waste Addendum No. 1 C&D Landfill Phase 2 Construction Page 1 of 1 ADDENDUM No. 1 Orange County Solid Waste – Eubanks Road C&D Landfill Phase 2 Construction Bidders on this Project are hereby notified that this Addendum shall be attached to and made part of the Contract Documents dated April 26, 2021. The following items are issued to add to, modify, and clarify the Contract Documents. These items shall have full force and effect as the Contract Documents, and cost involved shall be included in the bid prices. Bids, to be submitted on the specified date, shall be based on the additions and revisions listed herein. Acknowledge receipt of the Addendum by checking its number on the appropriate page of the bid form. Failure to do so may subject the bidder to disqualification. Clarifications/Revisions to ADVERTISEMENT FOR BIDS: 1. The correct website address for the official Draper Aden Planroom is as follows: www.daa.com - click on "PLANROOM" 2. Bids will be received at the Orange County Solid Waste Operations Center Training Room, located at 1207 Eubanks Rd, Chapel Hill, NC 27516 until Friday, May 21 at 2:00 pm local time. At that time the Bids received will be publicly opened and read. END OF ADDENDUM #1 5/4/2021 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/13/2021 Scott Insurance 400 Bellemeade Street,Suite 201 Greensboro NC 27401 336-273-6599 336-273-5915 Zurich American Insurance Company (A+)16535 SHAMENV-03 Evanston Insurance Company (A)35378ShamrockEnvironmentalCorporation;COP Shamrock Holdings,Inc. COP Shamrock Parent,Inc.;Shamrock Environmental Construction, Inc. 6106 Corporate Park Drive Browns Summit NC 27214 Navigators Specialty Insurance Company (A+)36056 1155879840 A 2,000,000 X 300,000 10,000 X X.C.U.2,000,000 4,000,000 X GLO 3433314 10/1/2020 10/1/2021 4,000,000 A 2,000,000 X X X X Comp $500 X Coll:$1,000 BAP 3433313 10/1/2020 10/1/2021 B C X 5,000,000 X MKLV2EFX100569 GA20EXCZ02LTYIC 10/1/2020 10/1/2020 10/1/2021 10/1/2021 5,000,000 X 0 Excess over Umbrella 3,000,000 A XWC343331210/1/2020 10/1/2021 1,000,000 1,000,000 1,000,000 B A Contractor Pollution/Professional Installation Floater MKLV2ENV101881 CPP015825804 10/1/2020 10/1/2020 10/1/2021 10/1/2021 10,000,000 per occur 1,000,000 10,000,000 per agg Re.Project:Eubanks Road C&D Landfill Phase 2 Construction Orange County Solid Waste is additional insured as respects general liability,auto liability,and pollution liability,and umbrella liability,on a primary and non-contributory basis and including products and completed operations,if required by written contract.A waiver of subrogation as respects workers compensation,general liability,auto liability,and umbrella liability applies in favor of Orange County Solid Waste if required by written contract.A 30 day notice of cancellation will be provided to the certificate holder except for nonpayment of premium. Orange County Solid Waste Eubanks Road C&D Landfill 1514 Eubanks Road Chapel Hill NC 27516 DocuSign Envelope ID: 0844D1D6-E311-4FC5-8B5B-BB1E27A908ED