Loading...
HomeMy WebLinkAbout2022-063-E-Solid Waste-Bar Construction Co., Inc-Renovation of High Rock Waste and Recycling Center Revised 06/21 1 [Departmental Use Only] TITLE High Rock Bar Const. FY NORTH CAROLINA CONSTRUCTION AGREEMENT OVER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 14th day of February, 2022, by and between Bar Construction Company, Inc., (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-E4 dated 9/28/21) b. Written specifications prepared by the Designer. c. A proposal dated 11/22, 2021 which fully describes the work to be performed, such work (hereinafter called the “Work”). DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 2 d. Related documents listed under Section 1 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 May 22, 2022. 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, discrepancie s, 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 eng aged 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 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 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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 accurate ly 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 Proj ect 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 meetin gs 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 Million Forty One Thousand Dollars ($1,041,000.00). 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 114 Edinburgh South Dr., Ste 200, Cary, NC 27511 and shall show substantially the value of work done during the previous calendar month. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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. (3) The Owner may discontinue withholding retainage in accordance with the provisions of NCGS-143-(b1)(2) when the project is 50% complete. (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 5.4(e) of Exhibit 1 has been received and approved 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 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 5 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 or 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 or 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. 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 Bar Construction Company, Inc. Attn: Robert Williams 611-A Industrial Ave P.O. Box 8181 Greensboro, NC 27406 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 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 6 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 (Robert Williams) 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 no r 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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: __________________________________ Glenn Hodges President Printed Name and Title DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 president Revised 06/21 8 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Bar Construction Co., Inc Party/Vendor Contact Person: Glenn Hodges Contact Phone: 336-274-2477 Party/Vendor Address: 611-A Industrial Ave. City Greensboro State: NC Zip: 27406 Department: Solid Waste Amount: $1,041,000.00 Purpose: Renovation of High Rock Waste and Recycling Center Budget Code(s): 55355030-880000-35002 Vendor # N/A (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: February 1, 2022 --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No 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: BBF56E0A-3618-497E-AA70-92F097E8F598 2/11/2022 2/14/2022 2/14/2022 2/14/2022 1 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 2 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 3 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 4 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 5 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 6 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 7 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 8 Revised 06/21 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 employee s, 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: BBF56E0A-3618-497E-AA70-92F097E8F598 9 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 10 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 11 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 12 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 13 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 14 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 15 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 16 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 17 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 18 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 19 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 20 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 21 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 22 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 23 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 24 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 25 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 26 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 27 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 28 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 29 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 30 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 31 Revised 06/21 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 Desig ner 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: BBF56E0A-3618-497E-AA70-92F097E8F598 32 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 33 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 34 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 35 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 36 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 37 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 38 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 39 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 40 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 41 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 42 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 43 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 44 Revised 06/21 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, or any other individual or entity, 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: BBF56E0A-3618-497E-AA70-92F097E8F598 45 Revised 06/21 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. The Owner may terminate the Agreement upon seven (7) days written notice to the Contractor for the Owner’s convenience and without further liability or obligation to the Owner. 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. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 46 Revised 06/21 d) No payment shall be made by Owner to Contractor except as herein above provided. No claim for loss of anticipated profits shall be considered or allowed. e) Termination of the Contract shall not relieve the Contractor of his responsibilities for any completed portion of the Work nor shall it relieve his sureties of their obligation for and concerning any just claims arising out of the Work performed. The Contractor shall not be entitled to any other compensation, including compensation for lost profit, lost opportunity, or any other direct or consequential cost, loss, or damage. 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. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 47 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 ORANGE COUNTY SOLID WASTE HIGH ROCK ROAD WASTE & RECYCLING CENTER IMPROVEMENTS ORANGE COUNTY NORTH CAROLINA PROJECT MANUAL Robert Williams – Director of Solid Waste Bruce Woody – Assistant Director of Solid Waste Prepared By: DAA Project Number: R00592-213N July 2021 Request for Proposal DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements R00592-213N Orange County, North Carolina JULY 2021 TOC 1 of 4 TABLE OF CONTENTS Designer Seal Page ..................................................................................................................................... SEAL: 1 Advertisement for Bids ................................................................................................................................ AFB: 1 Information for Bidders ............................................................................................................................... IFB: 1-3 Form of Proposal .............................................................................................................................................. BF: 1-8 Bidder’s Qualification Statement ...................................................................................................................... 1-4 Form of Bid Bond ................................................................................................................................................... 1 Minority Business Guidelines for Recruitment & Affidavits A-D .......................................................... 1-11 Contractor’s Safety Record Information ........................................................................................................ 1-4 E-Verify Certification ............................................................................................................................................. 1 Certificate of Insurance ........................................................................................................................................ 1 Exhibit 1 - General Conditions .......................................................................................................................... 1-46 Dispute Resolution Rules and Procedures .................................................................................................... 1-5 Performance Bond ................................................................................................................................... C-610: 1-2 Payment Bond ........................................................................................................................................... C-615: 1-2 Agreement for Contracts over $250,000 ....................................................................................................... 1-8 Notice of Award ........................................................................................................................................ C-510: 1 Notice to Proceed .................................................................................................................................... C-550: 1 Contractor’s Application for Payment .............................................................................................. C-620: 1-4 Sales Tax Form ........................................................................................................................................................ 1 Change Order ............................................................................................................................................ C-941: 1 Contractor’s Affidavit ............................................................................................................................................ 1 Field Order ................................................................................................................................................................ 1 Certificate of Substantial Completion ............................................................................................................ 1-2 Living Wage Contract Policy .............................................................................................................................. 1 Special Conditions ................................................................................................................................................. 1-21 Orange County Non-Discrimination Ordinance ......................................................................................... 1-5 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements R00592-213N Orange County, North Carolina JULY 2021 TOC 2 of 4 TECHNICAL SPECIFICATIONS Submittal Procedures ........................................................................................................................ 01 33 00: 1-6 Quality Control ..................................................................................................................................... 01 45 00: 1-2 Closeout .................................................................................................................................................. 01 70 00: 1-3 Cast-in-place Concrete ..................................................................................................................... 03 30 00: 1-7 Clearing & Demolition ...................................................................................................................... 31 10 00: 1-3 Earthwork ............................................................................................................................................... 31 20 00: 1-8 Control of Erosion, Siltation and Pollution ................................................................................ 31 25 00: 1-2 Aggregate Base Course .................................................................................................................... 32 11 23: 1-2 Asphalt Pavement ............................................................................................................................... 32 12 16: 1-5 Cement Concrete Pavement ........................................................................................................... 32 13 13: 1-5 Pavement Joint Sealants ................................................................................................................... 32 13 73: 1-3 Chain Link Fence .................................................................................................................................. 32 31 13: 1-4 Turf and Grasses .................................................................................................................................. 32 92 00: 1-7 Exterior Plants ....................................................................................................................................... 32 93 00: 1-5 Water Distribution .............................................................................................................................. 33 10 00: 1-6 Sanitary Sewer ...................................................................................................................................... 33 33 00: 1-17 Storm Drainage .................................................................................................................................... 33 44 00: 1-3 Orange County Septic .......................................................................................................................................... 1-78 Orange County Well .............................................................................................................................................. 1-34 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 ADVERTISEMENT FOR BIDS Orange County Solid Waste Orange County, North Carolina HIGH ROCK ROAD WASTE AND RECYCLING CENTER IMPROVEMENTS General Notice: Sealed proposals will be received until Thursday January 6, 2022 at 2:00 pm in the office of Orange County Solid Waste Operations Center located at 1207 Eubanks Road, Chapel Hill, North Carolina 27516 Attn: Orange County Finance Purchasing for the construction of the following Project Bid No. 367-OC5338: High Rock Road Waste and Recycling Center Improvements. DAA PN: R00592-213N. Bids will be publicly opened and read at 1207 Eubanks Road, Chapel Hill, North Carolina 27516. The Project includes the following Work: Work generally includes construction of recycle center, and ADA compliant bathroom, well and potable water system, septic system, installation of three compactors, paving, landscaping and all other work and appurtenances as shown on the construction drawings. Obtaining the Bidding Documents: Information and Bidding Documents for the Project can be found at the following designated website: www.daa.com - click on "PLANROOM" 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 questions are to be directed to sgandy@daa.com and must be submitted at least three business days prior to the bid date to be considered. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. In addition, the Project Manual and any addendums will be posted to the Orange County website https://www.co.orange.nc.us/Bids.aspx . Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated websites. The Issuing Office for the Bidding Documents is: Draper Aden Associates, 114 Edinburgh South Drive, Suite 200 Cary, North Carolina 27511. Pre-bid Conference: A mandatory pre-bid conference for the Project will be held on Wednesday December 15th 2021 at 10:00 am on site 7001 High Rock Road Efland NC. 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. If the number of attendees exceed the capacity of the meeting location, 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. The Owner reserves the right to reject any and all bids. This Advertisement is issued by: Owner: Orange County Solid Waste By: Robert Williams Title: Solid Waste Director Date: November 18, 2021 IPL0021145 High Rock Road Waste & Recycling Center Improvements R00592-213N Orange Count, North Carolina JULY 2021 AFB-1 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 INFORMATION FOR BIDDERS High Rock Road Waste & Recycling Center Improvements R00592-213N Orange Count, North Carolina JULY 2021 IFB - 1 BIDS will be received by ORANGE COUNTY (herein called the "OWNER"), at 1207 Eubanks Road, Chapel Hill, North Carolina 27516, addressed to Orange County Finance Purchasing until Thursday January 6th 2022 at 2:00 pm local time. The Bids received will be publicly opened and read a the Orange County Solid Waste Operations Center located at 1207 Eubanks Road, Chapel Hill, North Carolina 27516. Each Bid must be submitted in a sealed envelope, addressed to the Orange County Finance Purchasing. Each sealed envelope containing a BID must be plainly marked on the outside as BID No 367-OC5338: HIGH ROCK ROAD WASTE AND RECYCLING CENTER IMPROVEMENTS PROJECT, and the envelope should bear on the outside the name of the BIDDER, his address, his license number if applicable, and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER. All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. Each BIDDER shall acknowledge receipt of all addenda in the spaces provided in the Bid Form. The BID form may be submitted loose. It is not necessary to submit these documents in the specification book. Each BIDDER will be responsible to assure himself that all ADDENDA have been received. The Owner reserves the right to reject all bids. The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within sixty (60) days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and BIDDER. BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID schedule by examination of the site and review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the work to be done. Each BIDDER shall submit a price for all alternates listed therein. Failure to do so will result in the bid being considered incomplete and may result in rejection of the bid. The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 INFORMATION FOR BIDDERS High Rock Road Waste & Recycling Center Improvements R00592-213N Orange Count, North Carolina JULY 2021 IFB - 2 person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract. The party to whom the contract is awarded will be required to execute the Agreement within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement. In case of failure of the BIDDER to execute the Agreement, the OWNER may at his option consider the BIDDER in default. The OWNER within sixty (60) days of receipt of acceptable Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement with such period, the BIDDER may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. The NOTICE TO PROCEED shall be issued within sixty (60) days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the sixty (60) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the work, and the BIDDER shall furnish to the OW NER all such information and data for this purpose as the Owner may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein. A conditional or qualified BID will not be accepted. Award will be made to the lowest responsive, responsible BIDDER unless all bids are rejected in accordance with the following: Basis of award will be the lowest total amount of the bids and/or alternative(s), inclusive, that the OWNER elects to accept. Where deducts for award of multiple contracts are offered by BIDDER, the contract award will be to the lowest responsive responsible bidder, on multiple contracts, or bidders on individual contracts, that results in the lowest overall cost of the OWNER. The OWNER reserves the right to award contracts to the lowest responsible, responsive bidder in the manner described above. The OWNER will award the contract conditioned upon funds being made available for such construction for each division. However, the OWNER reserves the right to reject all bids. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 INFORMATION FOR BIDDERS High Rock Road Waste & Recycling Center Improvements R00592-213N Orange Count, North Carolina JULY 2021 IFB - 3 All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID. The low BIDDER shall supply the names and addresses of major materials SUPPLIERS and SUBCONTRACTORS when requested to do so by the OWNER. Time of Completion and Liquidated Damages: The BIDDER must agree to commence work within the time stipulated in the Agreement. Bidders must also agree to pay as liquidated damages the amount set forth in the Agreement for each consecutive calendar day that the work is incomplete after the scheduled date of completion. Interpretations of Plans and Specifications: No interpretation of the meaning of the plans, specifications, or other documents will be made to any bidder orally prior to the receipt of bids. Any request for such interpretation shall be in writing addressed to Draper Aden Associates, 114 Edinburgh South Drive, Suite 200, Cary, NC 27511. To be given consideration, such request must be received by 2:00pm local time on January 2nd (three (3) days prior to the scheduled date for receiving bids). Any such interpretation or supplemental instructions will be issued in the form of addenda to the specifications, which will be emailed or faxed to all persons receiving a purchased set of contract documents, not later than 2:00 pm local time on January 4th (one (1) day prior to the date for receiving of bids). Failure of any bidder to receive such addenda shall not relieve him or any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. Right to Increase or Decrease the Amount of Work: The Owner does not, by expression or by implication, agree that the actual work shall correspond with the estimated quantities. The Owner reserves the right to increase or decrease the various amounts of work by 25% with no changes in unit prices. BIDDER shall make positive efforts to use small and minority owned businesses and comply with GS 143-128. The BIDDER that is awarded the project shall submit documentation to indicate compliance. Notice of Special Conditions: Attention is called to those parts of the contract documents and specifications which deal with the items below: (a) Inspection and testing of materials (b) Insurance requirements DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements R00592-213N Orange Count, North Carolina JULY 2021 BF-1 F O R M OF P R O P O S A L High Rock Waste & Recycling Contract: Center Improvements Orange County Bidder: PO Box 8181 Hillsborough, NC 27278 Date: Addendum received and used in computing bid: Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 6 Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 7 The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declares that he has examined the site of the work and the contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the Owner in the form of contract specified, to furnish all necessary materials, equ ipment, machinery, tools, apparatus, means of transportation and labor necessary to complete all construction of the subject project in accordance with the Drawings, Specifications, and Contract Documents, to the full and entire satisfaction of the Owner a nd the Architect, with a definite understanding that no money will be allowed for extra work, except as set forth in the General Conditions and Contract Documents for the sum of: SINGLE PRIME CONTRACT: Description Unit Estimated Quantity Unit Price Total Cost Mobilization/Bonds LS $ Site Work: Grading LS $ Erosion and Sediment Control Measures LS $ Asphalt Paving, Signage, Striping, Bollards, and Speed Table LS $ Mountable Concrete Curb LS $ Concrete Pads/Paving, Speed Table LS $ Mountable Concrete Curb LS $ New Water Well and Pump, Water Service Lines and Appurtenances LS $ Install New Restroom in Existing Office with New Septic System to Include Tank and Drainfield LS $ Electrical and Site Lighting LS $ DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements R00592-213N Orange Count, North Carolina JULY 2021 BF-2 New Rolling Chain Link Gate LS $ Landscaping LS $ Metal Attendant Canopies LS $ Attendant Builidng LS $ Shed Wall Repair LS Repair & Expansion of Existing Concrete Apron LS Rip Rap and Gravel LS Install Facility Sign LS Allowance: Undercut excavation, disposal, and replacement with #57 stone on geotextile fabric. CY 500 $ $ Allowance: Undercut excavation, disposal and replacement with select borrow material classified as SW, SP, SC, or CL obtained from Owner supplied off-site borrow area. CY 3,000 $ $ Total Base Bid Price: Dollars($) (In Words) Unit Cost Schedule Bidder Provides the following unit costs as a means of determining the value of Work added to or deleted from the Contract: Item No. Description Unit Unit Cost 1. Excavation CY $___________/CY 2. Structural Fill CY $___________/CY 3. Asphalt Paving SY $___________/SY 4. Aggregate Base Course SY $___________/SY 5. Seeding AC $___________/AC 6. Groundwater Collection Trenches LF $___________/LF 7. Rock Removal CY $___________/CY DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements R00592-213N Orange Count, North Carolina JULY 2021 BF-3 8. Jack and Bore 6” Sewer Service with 12” Steel Casing LF $___________/LF UNIT COST SCHEDULE MEASUREMENT AND BASIS FOR PAYMENT The line items below provide further description of the items included in the unit cost schedule and shall be used as a means of determining the value of Work added to or deleted from the Contract. The Unit Cost Schedule 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. No payment for unit cost items shall be made without prior approval of Owner. 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. UNIT COST ITEMS: 1. EXCAVATION: This Work shall consist of furnishing all necessary materials, labor, equipment, and appurtenances necessary to excavate soil material at the site as approved by the Engineer. Progress payment will be made by truck/scrapper count or by a survey performed by the Contractor. The Owner may perform verification surveying at the Owner's expense. Payment for this item shall be on a unit price basis wherein measurement will be made by certified survey paid by the Contractor. The Owner and/or Engineer will make final judgment of the quantities. 2. UNDERCUT AND BACKFILL UNSUITABLE SOILS: This work shall consist of furnishing all equipment, materials, labor and appurtenances necessary to remove and replace unsuitable soils at the site as identified by the CQC Representative and approved by Engineer. Work shall include the excavation, transport, and stockpiling of unsuitable soil at a location to be determined by the Owner, and the replacement of the unsuitable soil with on-site soils to achieve a satisfactory subbase as determined by the CQC Representative. No payment will be made for such excavation and backfill 1 foot or less than the finished base grade. Payment for this item shall be made on a unit price basis, wherein measurement will be made in the presence of Engineer, Owner's Representative, or RPR. 3. STRUCTURAL FILL: This Work shall consist of furnishing all materials, labor, equipment, and appurtenance necessary to complete structural fill required to achieve subgrade. Cost shall include placement of excavated material within the Work as structural fill. Payment for this item shall be made on a unit price basis, wherein measurement will be made by certified survey paid by the Contractor. 4. ASPHALT PAVING: This work shall consist of furnishing all materials, labor, equipment, and appurtenances necessary to construct paved surfaces. Work to include asphalt aggregate course, prepared surface, tack coat, prime coat. Payment for this item shall be made on a unit price basis, wherein measurement will be made by survey. Pavement thickness shall be DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements R00592-213N Orange Count, North Carolina JULY 2021 BF-4 per the standard detail on Sheet 5. AGGREGATE BASE COURSE: This work shall consist of furnishing all materials, labor, equipment, and appurtenances necessary to construct aggregate roads and other areas. Work to include prepared surface and aggregate. Payment for this item shall be made on a unit price. Basis wherein measurement will be made by survey. 6. SEEDING: This Work consists of furnishing all materials, labor, equipment, and appurtenances to provide temporary & permanent seeding to those areas located outside of the limits of construction designated on the Drawings. Areas must be approved by the Engineer. Payment for this item shall be made on a unit price basis, wherein measurement will be made by survey. 7. GROUNDWATER COLLECTION TRENCHES: This Work consists of furnishing all materials, labor, equipment, and appurtenances necessary to install collection trenches (2 'x2') as needed. The item is intended to be used in the event "wet" areas occur within the subgrade. Work to include excavation, placement of washed crushed stone (NCDOT No. 57 or 67) encased in a 4 oz non-woven geotextile filter fabric. Any damage caused to the prepared subgrade during the completion of this work under this item, including but not limited to, rutting, tracking, or movement of soil shall be repaired by the Contractor at no additional cost to the Owner. Payment for this item shall be made on a unit price basis wherein measurement will be made. 8. ROCK REMOVAL: This work shall consist of furnishing all materials, labor, equipment and appurtenances necessary to complete the removal of unwanted rock by means of hoe ram equipment. Rock is defined as natural material that cannot be moved or ripped with a Caterpillar D8 equipped with a single tooth ripper or approved equal. A demonstration may be required. Rock shall be removed from rock surface to 1 foot below proposed sub grade. The destination of the removed rock will be directed by Owner. Payment for this item shall be made on a unit price basis wherein measurement will be made. 9. Jack & Bore 6” Sewer Service: This Work consists of furnishing all materials, labor, equipment, and appurtenances necessary to install of a 6” PVC Sewer Service in a 12” Steel Casing. Assume the minimum length of the bore will be 45 linear feet. Payment for this item shall be made on a unit price basis wherein measurement will be made. UNIT COST DEVIATIONS The Contractor is responsible for providing Unit Prices consistent with typical industry norms for the Work described. Unit Prices which appear inconsistent with typical prices for similar Work shall be justified by the Contractor at the request of the Engineer. Providing Unit Prices which do not reasonably reflect the Work described, either high or low, which are not justified satisfactorily to the Engineer, may deem the BIDDER non-responsive and invalidate their Bid. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements R00592-213N Orange Count, North Carolina JULY 2021 BF-5 All items must be completed to be considered a responsive bid. Unit Prices have been computed in accordance with the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the contract Documents. General Subcontractor: Plumbing Subcontractor: Lic Lic Mechanical Subcontractor: Electrical Subcontractor: Lic Lic GS143-128(d) requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor's bid is later determined by the contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid w ork, or (ii) with the approval of the awarding authority for good cause shown by the contractor. The bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in a written order of the designer and shall fully complete all work thereunder within the time specified in the General Conditions Article 13. Applicable liquidated damages amount is also stated in the General Conditions Article 13. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements R00592-213N Orange Count, North Carolina JULY 2021 BF-6 Proposal Signature Page The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned. Respectfully submitted this day of (Name of firm or corporation making bid) WITNESS: By: Signature Name: (Proprietorship or Partnership) Print or type Title (Owner/Partner/Pres./V.Pres) Address ATTEST: By: License No. Title: Federal I.D. No. (Corp. Sec. or Asst. Sec. only) Email Address: (CORPORATE SEAL) DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 BIDDER'S QUALIFICATION STATEMENT High Rock Road Waste & Recycling Center Improvements R00592-213N Orange County, North Carolina MARCH 2019 BQS-1 1. Name of Contractor 2. Years in Business 3. List five (5) construction projects of similar scope that you have completed within the past ten (10) years (convenience center projects preferred) 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) 4. Have you ever failed to complete work awarded to you? If so, state where and why. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 BIDDER'S QUALIFICATION STATEMENT High Rock Road Waste & Recycling Center Improvements R00592-213N Orange County, North Carolina MARCH 2019 BQS-2 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 work 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) 7. List three material suppliers, including an individual's name and telephone number. a) b) c) DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 BIDDER'S QUALIFICATION STATEMENT High Rock Road Waste & Recycling Center Improvements R00592-213N Orange County, North Carolina MARCH 2019 BQS-3 8. List bank references. Include an individuals 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 (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: DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 BIDDER'S QUALIFICATION STATEMENT High Rock Road Waste & Recycling Center Improvements R00592-213N Orange County, North Carolina MARCH 2019 BQS-4 _________________________________________________________________________ 13. Dated at this day of 20 . By Attest (Seal) DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS THAT ________________ __________________________________________________________________ as principal, and _______________________________________________, as surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto Orange County as obligee, in the penal sum of ___________________________ DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this day of 20 WHEREAS, the said principal is herewith submitting proposal for and the principal desires to file this bid bond in lieu of making the cash deposit as required by G.S. 143-129. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the principal shall be awarded th e contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the principal, then this obligation shall be null and void; but if the principal fails to so execute such contract and give performance bond as required by G.S. 143-129, the surety shall, upon demand, forthwith pay to the obligee the amount set forth in the first paragraph hereof. Provided further, that the bid may be withdrawn as provided by G.S. 143-129.1 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 1 GUIDELINES FOR RECRUITMENT AND SELECTION OF MINORITY BUSINESSES These guidelines were adapted for use on this project by the County of Orange from the “Guidelines for Recruitment and Selection of Minority Businesses for Participation in State Construction Office Projects”, developed by the State Construction Office. In accordance with G.S. 143-128.2 (SB 914 ratified December 6, 2001), the County of Orange has enacted a verifiable ten percent (10%) minority business participation goal for the total monetary value of this project. These guidelines are published to accomplish that end. SECTION 1: INTENT It is the intent of these guidelines that the County of Orange, as awarding authority for construction projects, and the contractors and subcontractors performing the construction contracts awarded shall cooperate and in good faith do all things legal, proper and reasonable to achieve the statutory goal of ten percent for participation by minority businesses in each construction project permitted by SB 914. Nothing contained in these guidelines shall be considered to require awarding authorities to award contracts or to make purchase of materials or equipment from minority-business contractors who do not submit the lowest responsible bid or bids. SECTION 2: DEFINITIONS 1. Minority - a person who is a citizen or lawful permanent resident of the United States and who is: a. Black, that is, a person having origins in any of the black racial groups in Africa; b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race; c. Asian American, that is, a person having origins in any of the original peoples of the Far East, Southeast Asia and Asia, the Indian subcontinent, the Pacific Islands; d. American Indian or Alaskan Native, that is , a person having origins in any of the original peoples of North America; e. Female. f. “Socially disadvantaged individual”, as defined in 15 U.S.C. 637. These are individuals who have “been subjected to racial or ethnic prejudice or cultural bias because of their identify as a member of a group without regard to their individual qualities”; or g. “Economically disadvantaged individual” as defined in 15 U.S.C. 637. This is an individual “whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business who are not socially disadvantaged.” 2. Minority Business - means a business: a. In which at least fifty-one percent (51%) is owned by one or more minority persons, or in the case of a corporation, in which at least fifty-one percent (51%) of the stock is owned by one or more minority persons; and DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 2 b. Of which the management and daily business operations are controlled by one or more of the minority persons who own it. 3. Owner - The County of Orange. 4. Bidder - Any person, firm, partnership, corporation, association, or joint venture seeking to be awarded a public contract or subcontract. 5. Contract - A mutually binding legal relationship or any modification thereof obligating the seller to furnish equipment, material or services, including construction, and obligating the buyer to pay for them. 6. Contractor - Any person, firm, partnership, corporation, association, or joint venture which has contracted with the County of Orange to perform construction work or repair. 7. Subcontractor - A firm under contract with the Prime Contractor for supplying materials or labor and materials and/or installation. The subcontractor may or may not provide materials in his subcontract. Work subcontracted in an emergency and which could not have been anticipated is excluded as a part of this program. 8. Verifiable goal means that the awarding authority has adopted written guidelines specifying the actions that the prime contractor must take to ensure a good faith effort in the recruitment and selection of minority businesses for participation in contracts awarded; the required actions must be documented in writing by the contractor to the appropriate awarding authority. SECTION 3: RESPONSIBILITIES 1. Minority Business Program of the County of Orange (hereafter referred to a Minority Business Program). The Minority Business Program will establish a program pursuant to which it shall certify to interested persons, businesses qualifying as Minority Business Enterprises (MBE). The information solicited from the applicant will be used by the Minority Business Program to: a. Determine MBE certification, i.e., that those certified are MBEs under GS 143- 128 as a contractor and/or subcontractor. b. Identify those areas of work for which there are certified MBEs, as requested. c. Provide interested parties with a list of prospective certified MBE contractors and subcontractors. d. Assist in the determination of technical assistance in the certification program that needs to be provided. In addition to being responsible for the certification of those small and emerging businesses that want to participate, the Minority Business Program will: 1. Maintain a current list of certified MBEs of those certified. The list furnished shall include the areas of work in which each MBE is interested. 2. Work with the North Carolina Association of Minority Businesses, the Carolinas Branch AGC, the Carolina Electrical Contractors Association and the North Carolina Association of Plumbing-Heating-Cooling Contractors in developing and implementing a certification program intended to improve the ability of MBE’s to compete in this program. 2. Owner DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 3 The owner will: a. Attend the scheduled prebid conference. b. Identify or determine those work areas of a contract where MBEs may have an interest in performing contract work. c. At least ten (10) days prior to the scheduled day of bid opening, the Owner will notify certified MBEs of potential contracting opportunities listed in the proposal. The notification will include the following: 1. A description of the work for which the bid is being solicited. 2. The date, time and location where bids are to be submitted. 3. The name of the individual within the agency/institution who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist, such as insurance, licenses, bonds and financial arrangements. If there are more than three (3) certified MBEs in the general locality of the project who offer similar contracting or subcontracting services in the specific trade, the Owner shall notify three (3) , but may contact more, if the Owner so desires. d. Maintain documentation of any contacts, correspondence, or conversations with MBE firms made in an attempt to meet the goals. 2. Prime Contractor Under the single prime contract system, the prime contractor will: a. Attend the scheduled prebid conference. b. Identify or determine those work areas of a contract where MBEs may have an interest in performing contract work. c. At least ten (10) days prior to the scheduled day of bid opening, notify certified MBEs of potential contracting opportunities listed in the proposal. The notification will include the following: 1. A description of the work for which the bid is being solicited. 2. The date, time and location where bids are to be submitted. 3. The name of the individual within the agency/institution who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist, such as insurance, licenses, bonds and financial arrangements. If there are more than three (3) certified MBEs in the general locality of the project who offer similar contracting or subcontracting services in the specific trade, the Contractor shall notify three (3) , but may contact more, if the Contractor so desires. d. During the bidding process, comply with the contractor(s) requirements listed in the proposal for minority participation. e. Submit with the bid a description of that portion of the work to be executed by MBEs expressed as a percentage of the total price. f. Identify the MBEs the bidder intends to use on the contract, along with the dollar amount of the work to be performed by each minority business. g. Submit an affidavit that details the good faith efforts taken to procure minority business participation. h. Upon being named the apparent low bidder, the bidder shall provide the necessary DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 4 documentation as listed in the contract documents. Failure to comply with procedural requirements as defined in contract documents may render that bid as non-responsive and may result in rejection of the bid and award to the next lowest responsible and responsive bidder. i. Upon being named apparent low bidder, the bidder shall provide an affidavit that lists the proportion of the work to be performed by MBEs. If the MBEs do not account for ten percent (10%) of the contract price, the bidder must submit an affidavit that verifies the bidder’s good faith efforts by certifying that it has undertaken at least five of the following ten (10) steps: 1. Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contract or available on these State or local government-maintained lists at least ten (10) days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. 2. Made the construction plans, specifications, and requirements available for review by prospective minority businesses, or providing these documents to them at least ten (10) days before the bid proposals are due. 3. Broke down or combined elements of work into economically feasible units to facilitate minority participation. 4. Worked with minority trade, community, or contractor organizations identified by the Office of Historical Underutilized Businesses and included in the bid documents that provided assistance in recruitment of minority businesses. 5. Attended any prebid meetings scheduled by the public owner. 6. Provided assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. 7. 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 qualifications should have the reasons documented in writing. 8. 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 the minority businesses in establishing credit. 9. 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. Provide quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. j. During the construction of the project, if it becomes necessary to replace an MBE subcontractor, advise the owner of the circumstances involved. k. If, during the construction of a project, additional subcontracting opportunities become available, make a good faith effort to solicit subbids from MBEs. 3. MBE Responsibilities DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 5 While MBEs are not required to become certified in order to participate in this program, it is recommended that they become certified and should take advantage of the appropriate technical assistance that is made available. In addition, MBEs who are contacted by owners or bidders must respond promptly whether or not they wish to submit a bid. SECTION 4: DISPUTE PROCEDURES It is the policy of this County that disputes between an agency and another person that involve a person’s rights, duties, or privileges should be settled through informal procedures. To that end, MBE disputes arising under these guidelines should be resolved, if possible, by informal proceedings arranged by the Owner. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 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: BBF56E0A-3618-497E-AA70-92F097E8F598 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: BBF56E0A-3618-497E-AA70-92F097E8F598 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: BBF56E0A-3618-497E-AA70-92F097E8F598 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: BBF56E0A-3618-497E-AA70-92F097E8F598 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: BBF56E0A-3618-497E-AA70-92F097E8F598 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Contractor’s Safety Record Information The Contractor’s safety record shall be reviewed and evaluated in addition to other quality and performance criteria as part of bid evaluation process. Failure to provide the requested information and documentation may result in rejection of your bid as non-responsive. Accordingly, all bidders must submit the following information regarding their safety record. The following definitions shall apply to this section: “DART incident rate” – Acronym for “Days Away, Restrictions and Transfers”. The DART incident rate may be used to show the relative level of injuries and illnesses within a firm compared to the industry. It is based only on those injuries and illnesses severe enough to warrant “Days Away, Restrictions and Transfers”. The DART incident rate is calculated using OSHA’s Form 300 and the following formula: ((Number of entries in column H (days away from work) + column I (job transfer or restriction) x 200,000) / (Number of hours worked by all employees) = DART Incident rate. “EMR” – Acronym for “Experience Modification Rate,” is an indicator of a contractor’s past safety performance, widely used by the insurance industry as an equitable means of determining premiums for workers' compensation insurance. The rating system considers the average workers' compensation losses for a given firm's type of work and amount of payroll and predicts the dollar amount of expected losses to be paid by that employer in a designated rating period, usually three years. The rating is based on comparison of firms doing similar types of work, and the employer is rated against the average expected performance in each work classification. Losses incurred by the employer for the rating period are then compared to the expected losses to develop an experience rating. “OSHA” – Acronym for the Federal Occupational Health and Safety Administration. The term “OSHA” as used in this Policy also refers to any state or local agency having jurisdictional authorization to enforce worker safety requirements and assess fines or warnings for violation of worker safety standards. 1. OSHA DART Incident Rate. Provide the bidder’s DART Incident Rate calculated from OSHA’s Form 300 for the last three years and the other required information shown in the example table below. The bidder must attach all supporting documentation and calculations including certified OSHA forms. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 YEAR CONTRACTOR DART INCIDENT RATE INDUSTRY DART INCIDENT RATE INDUSTRY FIELD AND CODE 2. Experience Modification Rate (EMR). Provide the bidder’s most recent Experience Modification Rate (EMR) based on insurance claims history. The bidder must provide the source of the EMR information and contact information of insurer entity providing the EMR. YEAR CONTRACTOR EMR INDUSTRY FIELD AND CODE NAME AND CONTACT INFO FOR EMR INFORMATION 3. Answer the following OSHA Specific Questions: (a) Within the last 2 years, has the bidder received any citations classified by OSHA as being (1) serious, (2) willful and/or (3) repeat violations where your company operates? Yes _____ No ________ If yes, attach a copy of each such citation and violation. (b) Has the bidder experienced any work-related fatalities within the last five years? Yes ______ No ______ DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 (c) Has the bidder had any citations issued by OSHA as a result of work related fatalities within the past 5 years? Yes ______ No ______ (d) Is the bidder under investigation for any work-related fatalities? Yes ______ No ______ (e) If your answer is “yes” to 3(b), (c) or (d), provide a copy of the citation(s), list of number(s) of fatalities and documented explanation of the fatality. 4. Safety Plan: (a) Does the company have a written safety program that includes responsibility for all aspects of safety management? Yes_________ No _______ (b) Does the company have a written plan for safety training of new employees and ongoing training of existing employees? Yes_________ No _______ (c) Does the company have documented evidence of safety training that they have conducted? Yes_________ No _______ (d) If the company has employees with limited English ability, does the company have a written plan for ensuring that their employees understand the training they are being given? Yes_________ No _______ (e) Do all supervisors have an appropriate documented level of OSHA training (e.g., a minimum of 30 hour OSHA construction safety training)? Yes_________ No _______ DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 (f) Do employees have documented basic OSHA 10 hour construction safety training? Yes_________ No _______ (g) Does the company have a documented Hazard Communication Program? Yes_________ No _______ 5. Required Written Explanation of Safety Record. If the bidder has any of the following: (a) DART incident rate greater than its industry average, (b) an EMR greater than 1.0, (c) answered “yes” to any of the OSHA Specific Question above, or (d) answered “no” to any of the Safety Plan questions, the bidder shall provide the County, in its bid, a detailed written explanation of its safety record and the reasons why such safety history is NOT representative of its future performance and what specific actions it has taken to improve its overall safety record. Failure to provide a written explanation of its safety record pursuant to this paragraph may be deemed as non-responsive by the County. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 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: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 1 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 2 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 3 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 4 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 5 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 6 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 7 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 8 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 9 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 10 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 11 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 12 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 13 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 14 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 15 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 16 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 17 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 18 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 19 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 20 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 21 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 22 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 23 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 24 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 25 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 26 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 27 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 28 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 29 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 30 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 31 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 32 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 33 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 34 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 35 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 36 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 37 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 38 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 39 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 40 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 41 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 42 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 43 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 44 Revised 06/21 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, or any other individual or entity, 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: BBF56E0A-3618-497E-AA70-92F097E8F598 45 Revised 06/21 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. The Owner may terminate the Agreement upon seven (7) days written notice to the Contractor for the Owner’s convenience and without further liability or obligation to the Owner. 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. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 46 Revised 06/21 d) No payment shall be made by Owner to Contractor except as herein above provided. No claim for loss of anticipated profits shall be considered or allowed. e) Termination of the Contract shall not relieve the Contractor of his responsibilities for any completed portion of the Work nor shall it relieve his sureties of their obligation for and concerning any just claims arising out of the Work performed. The Contractor shall not be entitled to any other compensation, including compensation for lost profit, lost opportunity, or any other direct or consequential cost, loss, or damage. 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. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 47 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 PERFORMANCE BOND Date of Contract:_______________________ Date of Execution:______________________ Name/Address of Principal: (Contractor) Name/Address of Surety: Name/Address of Contracting Body: Amount of Bond (Printed): Project: _________________________________________________________ KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the above named Contracting Body, hereinafter called the Contracting Body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract with the Contracting Body, identified as shown above and hereto attached: NOW THEREFORE, if the Principal shall well and truly perform and fulf ill all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the Contracting Body, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Executed in counterparts. Witness: ________________________________ (Contractor: Trade or Corporate Name) _____________________________ By:_____________________________ (Proprietorship or Partnership) Attest: (Corporation) Title:____________________________ (Owner, Partner, or Corp. Pres. or Vice Pres. Only) By:____________________________ Title:____________________________ (Corp Sec or Ass't Sec Only) (Corporate Seal) (Surety Company) Witness: By:_________________________ ________________________________ Title:________________________ (Attorney in Fact) Countersigned: ________________________________ (Surety Corporate Seal) ________________________________ (N.C. Licensed Resident Agent) _________________________________ _________________________________ _________________________________ (Name and Address - Surety Agency) _________________________________ _________________________________ _________________________________ (Surety Company Name and NC Regional or Branch Office Address) DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 PAYMENT BOND Date of Contract:_______________________ Date of Execution:______________________ Name/Address of Principal: (Contractor) Name/Address of Surety: Name/Address of Contracting Body: Amount of Bond (Printed): Project: _____________________________________________________ KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the above named Contracting Body, hereinafter called the Contracting Body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract with the Contracting Body, identified as shown above and hereto attached: NOW THEREFORE, if the Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Executed in counterparts. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Witness: ________________________________ (Contractor: Trade or Corporate Name) _____________________________ By:_____________________________ (Proprietorship or Partnership) Attest: (Corporation) Title:____________________________ (Owner, Partner, or Corp. Pres. or Vice Pres. Only) By:____________________________ Title:____________________________ (Corp Sec or Ass't Sec Only) (Corporate Seal) (Surety Company) Witness: By:________________________ ________________________________ Title:______________________ (Attorney in Fact) Countersigned: _________________________________ (Surety Corporate Seal) _________________________________ (N.C. Licensed Resident Agent) _________________________________ _________________________________ _________________________________ (Name and Address - Surety Agency) _________________________________ _________________________________ _________________________________ (Surety Company Name and NC Regional or Branch Office Address) DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 2 d. Related documents listed under Section 1 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 C ontract 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 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 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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 114 Edinburgh South Dr, Cary, NC 27511 and shall show substantially the value of work done during the previous calendar month. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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 t hirty (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 5.4(e) of Exhibit 1 has been received and approved 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. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 5 b. In the event that public funds are unavailable or 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 or 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. 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. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 6 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 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 documentatio n 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, in cluding 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 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: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No 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: BBF56E0A-3618-497E-AA70-92F097E8F598 EJCDC® C-510, Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 NOTICE OF AWARD Date of Issuance: Owner: Orange County, NC Owner's Contract No.: Engineer: Draper Aden Associates Engineer's Project No.: R00592-213N Project: High Rock Road Waste and Recycling Center Contract Name: Bidder: Bidder’s Address: TO BIDDER: You are notified that Owner has accepted your Bid dated [_________________________________] for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: _____________________________________________________________________________________ . The Contract Price of the awarded Contract is: $ _______ [ ] unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner [____]counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: Authorized Signature By: Title: Copy: Engineer DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 EJCDC® C-550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 NOTICE TO PROCEED Owner: Orange County, NC Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: Draper Aden Associates Engineer's Project No.: R00592-213N Project: High Rock Road Waste and Recycling Center Contract Name: Effective Date of Contract: TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on [_____________________, 20__]. On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, [the date of Substantial Completion is ________________________, and the date of readiness for final payment is_____________________] or [the number of days to achieve Substantial Completion is _____________________, and the number of days to achieve readiness for final payment is _____________________]. Before starting any Work at the Site, Contractor must comply with the following: Owner: Authorized Signature By: Title: Date Issued: Copy: Engineer DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Contractor's Application for Payment No. Application Application Date: Period: To From (Contractor): Via (Engineer): (Owner): Project: Contract: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: 1. ORIGINAL CONTRACT PRICE...........................................................................$ 2. Net change by Change Orders......................................................................................$ 3. Current Contract Price (Line 1 ± 2)................................................................................................$ 4. TOTAL COMPLETED AND STORED TO DATE (Column F total on Progress Estimates).............................................................................................................$ 5. RETAINAGE: a. X Work Completed..............................................$ b. X Stored Material..............................................$ c.Total Retainage (Line 5.a + Line 5.b).........................................................................................................................................$ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5.c)....................................................................................................................$ 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application).........................................................................................................$ 8. AMOUNT DUE THIS APPLICATION....................................................................................................................................$ 9. BALANCE TO FINISH, PLUS RETAINAGE (Column G total on Progress Estimates + Line 5.c above).....................................................................................................$ Contractor's Certification Payment of: $ is recommended by: Payment of: $ is approved by: Contractor Signature By: Date: Approved by: CHANGE ORDERS (Date) (Date)(Engineer) (Owner) (Line 8 or other - attach explanation of the other amount) (Line 8 or other - attach explanation of the other amount) (Date) Funding or Financing Entity (if applicable) NET CHANGE BY TOTALS Application For Payment Change Order Summary Number DeductionsAdditions Approved Change Orders 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. EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 1 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 ORANGE COUNTY CHANGE ORDER REQUEST NORTH CAROLINA ______________________________________________________________________________________________________________ Date: Project: Change Order No. Department: Department Address: Project: Contractor: Contractor Address: Effective date of original contract: This change order increases decreases the contract time by days. Check here if no impact to contract time . Will this change order impact the date of substantial completion? Yes No. If yes, the amended date of substantial completion is: _______________________________________________________________________________________________________________ Full Description of Change: Reason for Change: _______________________________________________________________________________________________________________ Original contract sum: $ Contract sum prior to this change order: $ Amount of this change order: $ Total sum of the contract including this change order: $ _______________________________________________________________________________________________________________ This change order is executed to amend the contract time or contract sum. It shall not be construed to impact the original contract, project, services, or work in any other manner. All other terms of the Original Contract remain in effect. Approved and executed this day of , 20 . _______________________________ _____________________________ _____________________________ Contractor Owner Architect (when retained) By:____________________________ By:___________________________ By:___________________________ DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Revised 06/21 ORANGE COUNTY²DEPARTMENT 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: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No 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: 'HSDUWPHQW'LUHFWRU¶V6LJQDWXUH ________________________________________ 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: BBF56E0A-3618-497E-AA70-92F097E8F598 Eubanks Rd. Waste & Recycling Center Improvements. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 R00592-167N Draper Aden Associates DAA DAA Eubanks Rd. Waste & Recycling Center Improvements DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: All Work under the Contract Documents: The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. 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. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 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: April 21, 2016 Revisions: August 1, 2016 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 &RXQW\¶V living wage is as reflected in the adopted Orange County Budget and as that budget document is amended from time to time. 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 CouQW\VKDOOVXEPLWWRWKH&RXQW\¶VUHSUHV 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¶V2IILFH Contractors are required to provide the pay rate for the lowest paid member that will be working on this project. COMPLETE THE PORTION AS OUTLINED BELOW AND RETURN WITH YOUR BID RESPONSE. THIS ACKNOWLEDGEMENT AND RESPONSE ARE REQUIRED AS A PART OF YOUR BID PACKAGE. Orange County reserves the right to: x Award lowest responsible bidder that is responsive x To reject any or all bids x And to waive minor irregularities Acknowledge receipt of the Orange County Living Wage Contractor Policy YES____ NO____ If yes, the lowest hourly wage to be paid any employee shall be: $_______/ HOUR DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 Eubanks Rd. Waste & Recycling Center Improvements SC - 1 Orange County Solid Waste JULY 2021 DAA PN R00592-167N SPECIAL CONDITIONS EUBANKS ROAD WASTE & RECYCLING CENTER IMPROVEMENTS S-1 - PROJECT SCOPE 1.1 Work consists of furnishing of all labor, materials, tools, equipment and related items and services required for construction of the High Rock Road Waste & Recycling Center Improvements that are in strict accordance with the Contract Documents. All Bids shall include mobilization, administration labor, materials, tools, equipment, transportation, taxes, insurance, and all other items necessary for a complete and acceptable project. Work is located within property of Orange County and the right-of-ways of the North Carolina Department of Transportation. Requirements of the owners of the properties and right-of- ways must be complied with, and work sites must be restored to pre-construction condition. S-2 - CONTRACT DOCUMENTS 2.1 All documents listed herein are a part of this Contract and the requirements of each part shall apply to the entire project as may be applicable. A. Furnishing Documents: Contract Documents will be furnished as follows: Bidders will be supplied one set of documents upon receipt of payment as stipulated in the Invitation to Bid. Successful Bidders will be furnished documents without charge, as follows: 1. Digital copy of the Contract Documents 2. Two sets for Contract Record Purposes. 3. Two sets as required for Contractor's use; additional sets will be furnished upon request as long as they are available without additional printing cost. S-3 - BONDS 3.1 Bid Bond: A bid bond is required and shall be in the form provided in the contract documents and as follows: A. A Bid must be accompanied by Bid security made payable to Owner in an amount RI˘RI%LGGHU¶VPD[LPXP%LGSULFHDQGLQWKHIRU d check or a Bid bond issued by a surety meeting the requirements and form provide in the Contract Documents. B. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within the time specified after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until seven days after the Effective Date of the Agreement, whereupon Bid security furnished by such Bidders will be returned. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 2 Orange County, North Carolina JULY 2021 DAA PN R00592-213N C. Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. 3.2 Contract Bond: A Performance Bond and Payment Bond are required. Each shall be written on forms contained in the contract documents and shall be in the amount of 100% of the contract amount. S-4 - AVAILABILITY OF PROJECT SITE 4.1 The project will be available to the Contractor immediately upon issuance of "Notice to Proceed". S-5 - Omitted S-6 - Omitted S-7 - APPROVAL OF SUPERINTENDENT AND SUBCONTRACTORS 7.1 The Owner and Engineer shall have authority of approval of the project superintendent and all subcontractors employed on the project. Within ten (10) days from receipt of the Notice of Award, the name and written summary of qualifications of the project superintendent and the name and address, and scope of work proposed for all subcontractors shall be submitted for approval by the Owner and the Engineer. The decision for approval or disapproval shall be final and binding. S-8 - LIMIT OF SUBCONTRACTED WORK 8.1 Prime Contractors shall not sublet the contract, nor any portion thereof, without the written consent of the Owner. 8.2 If such consent is given, the Contractor will be permitted to sublet a portion thereof, but shall perform with his own organization work amount to not less than 50% percent of the total contract amount. Upon request by the Owner, the Contractor shall furnish sufficient documentation, satisfactory to the Owner, to demonstrate compliance herewith. 8.3 A subcontractor shall not sublet, sell, transfer, assign, or otherwise dispose of his contract with the Contractor, nor any portion thereof, or of his right, title, or interest therein. S-9 - PRE-CONSTRUCTION CONFERENCE 9.1 After award of the project, but before beginning work, a preconstruction conference shall be held which shall be attended by the Engineer, Contractors, and Contractors' project superintendents, and the Owner's representatives. Work schedules, estimate and payment procedures, etc. will be discussed. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 3 Orange County, North Carolina JULY 2021 DAA PN R00592-213N S-10 - CONDUCT OF CONTRACTOR'S PERSONNEL 10.1 At no time during the course of construction shall any of the contractor's personnel behave in any ungentlemanly or abusive manner on the job site or in any meetings or conference involving the Owner or Engineer. Ungentlemanly, abusive, or uncooperative behavior shall be grounds for dismissal or the contractor's personnel from the project. 10.2 No alcoholic beverages or narcotics of any description will be allowed on the job site at any time. Furthermore, anyone under the influence of alcohol or narcotics shall be removed from the job site immediately. A second offense involving contractor's personnel under the influence of alcohol or narcotics on the job site shall constitute grounds for automatic, permanent dismissal from any further work on the project. S-11 - SPECIAL CAUTION 11.1 Extreme care shall be exercised when excavating with heavy equipment near existing structures, pipelines and cable. The Owner will not assume nor accept any responsibility for damages sustained by virtue of action on the part of the Contractor. S-12 - SPECIAL NOTICES & SCHEDULING OF CERTAIN ITEMS OF WORK 12.1 At least 48 hours prior to interruption of electrical power, piping, or communications systems notices shall be given to Owner and the Engineer. S-13 - EXISTING UNDERGROUND PIPING, POWER CABLE, AND COMMUNICATION CABLE 13.1 Location of existing piping, power cable, and communication cable shown on the drawings have been taken from public records and field investigations. However, locations and completeness of underground piping and cable are not guaranteed and the Contractors should not only make their own investigations but shall allow for contingencies which might arise by reason of encountering unrecorded lines or of lines being in different locations than shown on the plans. There is a possibility that the proposed construction may conflict with existing utilities or drainage structures. Therefore, should such conflicts arise, the Contractor shall take such actions as are necessary to protect the utility lines and structures to prevent damage to save and to maintain service until such utility lines can be relocated by the utility owner. Relocation of the utility will be the responsibility of the utility owner. 13.2 Extreme care shall be exercised when excavating with heavy equipment near existing utility lines, drainage structure, railroad and streets. The Owner will not assume nor accept any responsibility for charges assessed by private or public utility companies or from the N.C. Department of Transportation for damages sustained to their property by virtue of action on the part of the Contractor, nor for such charges as may be imposed by the utility or Department of Transportation for personnel to furnish field location of the facility. All such costs are to be borne by the Contractor within the unit prices and/or lump sum prices stated in his Bid. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 4 Orange County, North Carolina JULY 2021 DAA PN R00592-213N S-14 - DISPOSAL OF WASTE MATERIALS 14.1 The contractor shall be responsible for disposal of all other waste/spoil materials. Means of disposal shall be subject to the Engineer's approval. S-15 - WORK SITE MAINTENANCE AND RESTORATION 15.1 Siltation and bank erosion shall be minimized during construction. All work shall conform to the requirements of the North Carolina Sedimentation Pollution Control Act of 1973, to Plan requirements, and the following: 15.2 For pipeline construction surface water shall be diverted away form trenching operations, where possible. Silt fences shall be constructed as required to preclude entry of silt into natural drainageways before permanent grass cover is established on disturbed areas. 15.3 Disturbed areas shall be cleaned up, dressed off and grassed as construction progresses. No completed areas shall be left unseeded for a period of more than 7 days. If cleanup and grassing are not reasonably kept up with construction operations, the Engineer shall suspend operations until these work items are completed. Should the cleanup be completed and the disturbed area ready for seeding at time inappropriate for establishing permanent grass cover, temporary cover shall be provided using sufficient Rye or Sudan grass until such time as permanent cover can be developed. The seeded area shall be covered with hay or straw mulch held in place by an asphaltic material. In no case shall a total area of one (1) acre be left ungrassed. Any areas on or adjacent to the work site disturbed during the course of construction shall be restored to present or better condition. S-16 - SHOP DRAWINGS & SUBMITTALS 16.1 In each separate section of the specifications, shop drawings and submittal requirements are specifically addressed. S-17 - ACCESS 17.1 Representatives of the Owner, the Engineer, shall have access to the work and all records relative to the work whenever it is in preparation or progress and the Contractor will provide proper facilities for such access and inspection. Access facilities shall include ladders, walks, foot bridges, dewatering, illumination, etc. S-18 - OSHA 18.1 The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-054). DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 5 Orange County, North Carolina JULY 2021 DAA PN R00592-213N S-19 - CHEMICALS USED IN CONSTRUCTION 19.1 All chemicals used during project construction and furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of the EPA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. S-20 - LOCAL AND STATE LAWS 20.1 The Contractor shall abide by all local and state laws or ordinances. S-21 - SALES TAX 21.1 The following procedure in handling the 4% North Carolina Sales Tax and the additional 2% Sales Tax collected by the counties is applicable to this project. Contractors shall comply fully with the requirements outlined hereinafter, 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 tax paid by the contractor and each of his subcontractors. B. The documentary evidence shall consist of a certified statement, by the contractor and each of his subcontractors individually, showing total purchases of materials from each separate vendor and total sales taxes paid 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. E. The documentary evidence to be furnished to owners eligible for sales or use tax refunds covers sales and/or use taxes paid on building materials used by the contractors and subcontractors in the performance of contracts with churches, orphanages, hospitals not operated for profit, educational institutions not operated for profit and other charitable or religious institutions or organizations not operated for profit and incorporated cities, towns and counties in this State. The documentary evidence is to be submitted to the above named institution, organizations and governmental units to be included in claims for refunds to be prepared and submitted by them to obtain refunds provided by G.S. 105-164.14(2) and (3) of the 1961 Statute as amended, and it to include the purchases of building materials, supplies, fixtures, and equipment which becomes a part of or annex to buildings or structures being erected, altered or repaired under contracts with such institutions, organizations or governmental units. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 6 Orange County, North Carolina JULY 2021 DAA PN R00592-213N F. The Contractor's statements must not contain sales or use taxes paid on purchases of tangible personal property purchased by such Contractors for use in performing the contract which does not annex to, affix to or in some manner become a part of the building or structure being erected, altered or repaired for the governmental units or agencies referred to in this Regulation. G. The Contractor or Contractors to whom award is made on this project will be required to follow the procedure outlined above. H. Bidders are reminded that the total Additional 2% North Carolina Sales Use Tax which was approved by Referendum in 1969 and Article 40 in 1983 and Article 42 in 1986 is a part of the tax identified above. Purchases in all counties will require separate certified statements for this 2% tax. I. This statement shall give the vendor's name, invoice number, total amounts of invoice, dates of invoices, the amount of the special 2% tax paid and the county in which the purchase was made. In the event that the Contractor wishes to file a combined certified statement showing the 4% tax and the 2% tax separately, this will be acceptable provided he give the county in which the 2% was paid. J. The certified statements of sales tax shall include all information shown on the form attached at the end of this section. The contractor may reproduce this form for use as his monthly sales tax statement. S-22 - Omitted S-23 - Omitted S-24 - Omitted S-25 - SPECIAL ATTENTION 25.1 Bidders are directed to pay special attention to the following: A. Comply exactly with all bidding requirements. B. Show license numbers on outside of envelope. C. All Bids are to be submitted on the extra unbound copy of the Bid Form. D. Show all data requested on equipment and materials. E. Be sure that the Bid is signed by a responsible agent of the Bidder. F. Show receipt of all Addenda in the designated place on the Bid Form. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 7 Orange County, North Carolina JULY 2021 DAA PN R00592-213N S-26 - CONSTRUCTION NOTES 26.1 The Contractor shall maintain a minimum of one lane of traffic at all times as specified herein before in the Supplemental General Conditions in conformance with the latest North Carolina Department of Transportation Manual on Uniform Traffic Control Devices for Street and Highway unless otherwise permitted by the Owner. 26.2 The Contractor shall maintain driveway connections to the road system to provide access for residents and businesses along the construction route. Disruption of access shall be held to a minimum. 26.3 Contractor to coordinate with the Town, County or Owner for the interruption of utility services. Down time of the existing utility lines shall be held to a minimum. 26.4 All work shall be performed in accordance with approved permits and encroachments. 26.5 Contractor shall be responsible for coordination with power utility for temporary or permanent relocation of power poles to allow for sewer installation. This shall be considered part of the Base Bid 26.6 The work to be done by the Contractor, specified and enumerated under this contract, shall include any minor details of the work not specifically mentioned in the specifications or shown on the plans, but obviously necessary for the proper completion of the work, which shall be considered incidental and as being a part of and included with the work for which prices are given in the Bid. The Contractor will not be entitled to any additional compensation therefore. 26.7 Verification of Dimensions and Elevations: Dimensions and elevations indicated on the drawings in reference to existing structures, location of utilities, sewer inverts, or other information on existing facilities, are the best available data obtainable but are not guaranteed by the Engineer. The Engineer will not be responsible for their accuracy. Before proceeding with any work dependent upon the data involved, the Contractor shall field check and verify all dimensions, grades, inverts, lines, elevations, or other conditions of limitations at the site of the work to avoid construction errors or damaged to existing facilities. If any work is performed by the Contractor, or any subcontractors, prior to adequate verification of applicable data, any resultant extra cost for adjustment of work necessary to conform to existing conditions, or damage to existing facilities, shall be assumed by the Contractor without reimbursement or compensation by the Owner. If the Contractor in the course of the work finds any discrepancy between the drawings and the physical conditions of the locality or any errors or omissions in drawings or in the layout as given by survey points and instructions, he shall immediately inform the Engineer, in writing. The Engineer will promptly investigate the reported conditions and issue such instructions as may be necessary for the proper execution of the work. Any work done after such discovery and prior to receipt of such instructions shall be at the risk of the Contractor. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 8 Orange County, North Carolina JULY 2021 DAA PN R00592-213N S - 27 MEASUREMENT AND PAYMENT 27.1 All contract prices included in Bid Form will be full compensation for all labor, materials, tools, equipment and incidentals necessary to complete the Work as shown on the Drawings and specified in the Contract Documents to be performed under this Contract. 27.2 Unless identified in the bid, no direct or separate payment will be made for providing miscellaneous temporary or accessory works, services, field offices, layout surveys, job signs, sanitary requirements, testing, safety devices, approval and record drawings, water supplies, power, maintaining traffic, removal of waste, watchmen, bonds, insurance, mobilization, demobilization and all other requirements of the General Conditions. Compensation for all such services, equipment and materials shall be included in the prices stipulated for the lump sum and unit pay items listed herein. 27.3 Each lump sum and unit bid price will be deemed to include an amount considered by &RQWUDFWRUWREHDGHTXDWHWRFRYHU&RQWUDFWRU¶V identified item. 27.4 Restoration is not a separate pay item but is considered to be an integral part of the work under this contract, and all contract bid prices include the cost of restoration necessitated by the work related to that bid item. Cleanup is an integral part of restoration. S - 28 APPLICATIONS FOR PAYMENT 28.1 Submit Applications for Payment to the Engineer in accordance with the schedule established by Conditions of the Contract and Agreement between Owner and Contractor. A. The accepted Schedule of Values shall be used as the basis fRUWKH&RQWUDFW Application for Payment. B. All Applications for Payment are subject to a 5% retainage to be held until the end of the project or until the Certificate of Substantial Completion is enacted. 28.2 Submit application typed on forms provided at the end of this Section or Approved Equivalent, with itemized data type on 8½-in by 11-in white paper continuation sheets. The form provided at the end of this Section is only a guide. A specialized form may be developed due to the nature of this project. Provide itemized data on continuation sheet: A. Format, schedules, line items and values: Those of the Schedule of Values accepted by the Engineer. B. Provide construction photographs. 28.3 Application Form DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 9 Orange County, North Carolina JULY 2021 DAA PN R00592-213N A. Fill in required information, including that for Change Orders executed prior to date of submittal of application. B. Fill in summary of dollar values to agree with respective totals indicated on continuation sheets. Continuation Sheets A. Fill in total list of all scheduled component items of Work, with item number and scheduled dollar value for each item B. Fill in dollar value in each column for each scheduled line item when work has been performed or products stored. 1. Round off values to nearest dollar, or as specified for Schedule of Value. C. List each Change Order executed prior to date of submission., at the end of the continuation sheets. 1. List by Change Order Number and description, as for an original component item of work. D. To receive approval for payment on component material stored on site, submit copies of the original paid invoices with the application for payment. 28.4 When the Owner or the Engineer requires substantiating data, Contractor shall submit suitable information, with a cover letter identifying. A. Project B. Application number and date. C. Detailed list of enclosures. 1. Item number and identification as shown on application. 2. Description of specific material. D. Submit one copy of data and cover letter for each copy of application. E The Contractor is to maintain an updated set of drawings to be used as record drawings. As a prerequisite for monthly progress payments, the Contractor is to exhibit the updated record drawings for review by the Owner and the Engineer. F. Contractor shall maintain an updated construction schedule. As a prerequisite for monthly progress payments, Contractor shall submit the updated construction schedule with the applications for progress payments. If the contractor fails to submit the required updated schedule within the time prescribed, the Engineer may withhold approval of progress payment estimates until such time as the Contractor submits the required updated schedule. Submit one copy for each copy of application. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 10 Orange County, North Carolina JULY 2021 DAA PN R00592-213N 28.5 Preparation of Application for Final Payment A. Fill in Application form as specified for progress payments. B. Use continuation sheet for presenting the final statements of accounting. C. Submit all Project Record Documents. 28.6 OMITTED S-29 - CHANGE ORDER PROCEDURES 29.1 The following steps should be taken: A. Promptly full written data required to evaluate changes. 1. Maintain detailed records of work done on a time-and-material/force account basis. 2. Provide full documentation to Engineer on request. B. Designate in writing WKHPHPEHURI&RQWUDFWRU¶VRUJDQL]DW 1. Who is authorized to accept changes in the Work. 2. :KRLVUHVSRQVLEOHIRULQIRUPLQJRWKHUVLQW authorization of changes in the Work. C. Owner will designate in writing the person who is authorized to execute Change Orders. 29.2 Definitions A. Change Order B. Work Directive Change: A written order to the Contractor, signed by Owner and Engineer, which amends the Contract Documents as described, and authorizes Contractor to proceed with a change which affects the Contract Sum or the Contract Time, for inclusion in a subsequent Change Order. C. Field Order: A written order to the Contractor, signed by the Owner, Engineer and the Contractor, which is issued to interpret/clarify the Contract Documents, order minor changes in the Work and/or memorialize trade-off agreements. The work described by a Field Order is to be accomplished without change to the Contract Price, Contract Time, and/or claims for other cost. 29.3 Owner of Engineer may initiate changes by submitting a Request for Proposal (RFP) to Contractor. Request will include: DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 11 Orange County, North Carolina JULY 2021 DAA PN R00592-213N A. Detailed description of the Change, Products, and location of the change in the Project. B. Supplementary or revised Drawings and Specifications. C. The projected time span for making the change, and a specific statement as to whether overtime work is, or is not, authorized. D. A specific period of time during which the requested price will be considered valid. E. Such request is for information only, and is not an instruction to execute the changes, nor to stop work in progress. F. Contractor may initiate changes by submitting a written notice to Engineer, containing: 1. Description of the proposed changes. 2. Statement of the reason for making the changes. 3. Statement of the effect on the Contract Sum and the Contract Time. 4. Statement of the effect on the work of separate contractors. 5. Documentation supporting any change in Contract Sum or Contract Time, as appropriate. 29.4 Work Directive Change (WDC) A. In lieu of a Request for Proposal (RFP), Engineer may issue a Work Directive Change (WDC) for Contractor to proceed with a change for subsequent inclusion in a Change Order. B. Each WDC will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change, and will designate the method of determining any change in the Contract Sum and nay change in Contract Time. C. Owner and Engineer will sign and date the WDC as authorization for the Contractor to proceed with the changes. D. Contractor may sign and date the WDC indicating agreement with the terms therein. 29.5 Documentation of Proposals and Claims A. Support each quotation for a lump-sum proposal, and for each unit price which has not previously been established, with sufficient substantiating data to allow Engineer to evaluate the quotation. B. On request, provide additional data to support time and cost computations. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 12 Orange County, North Carolina JULY 2021 DAA PN R00592-213N 1. Labor required. 2. Equipment required. 3. Products required. ⁄ Recommended source of purchase and unit cost. ⁄ Quantities required. 4. Taxes, insurance and bonds. 5. Credit for work deleted from Contract, similarly documented. 6. Overhead and profit. 7. Justification for any change in Contract Time. C. Support each claim for additional costs, and for work done on a time-and- material/force account basis, with documentation as required for a lump sum proposal, plus additional information. 1. 1DPHRIWKH2ZQHU¶VDXWKRUL]HGDJHQWZKRRUG d the work, and date of the order. 2. Dates and times work was performed, and by whom. 3. Time record, summary of hours worked, and hourly rates paid. 4. Receipts and invoices for: ⁄ Equipment used, listing dates and times of use. ⁄ Products used, listing of quantities. ⁄ Subcontractors. 29.6 Preparation of Change Orders and Field Orders A. Engineer will prepare each Change Order and Field Order. B. Forms: See appropriate sections. C. Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. D. Change Order will provide an accounting of the adjustment in the Contract Cum and in the Contract Time. E. Field Order will describe interpretations or clarifications of Contract Documents, order minor changes in the Work, and/or memorialize trade-off agreements. 29.7 Lump Sum/Fixed Price Change Order A. Content of Change Orders will be based on, either: 1. (QJLQHHU¶V 3URSRVDO 5HTXHVW DQG &RQWUDFWR e Proposal as mutually agreed between Owner and Contractor. 2. &RQWUDFWRU¶V3URSRVDOIRUDFKDQJHDVUHFRP DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 13 Orange County, North Carolina JULY 2021 DAA PN R00592-213N B. Owner and Engineer will sign and date the Change Order as authorization for the Contractor to proceed with the changes. C. Contractor will sign and date the Change Order to indicate agreement with the terms therein. 29.8 Unit Price Change Order A. Content of Change Orders will be based on, either: 1. (QJLQHHU¶VGHILQLWLRQRIWKHVFRSHRIWKHUHT 2. Contractor¶V3URSRVDOIRUDFKDQJHDVUHFRPPHQGH 3. Survey of completed work. B. The amounts of the unit prices to be: 1. Those stated in the Agreement. 2. Those mutually agreed upon between Owner and Contractor. C. When quantities of each of the items affected by the Change Order can be determined prior to start of the work: 1. Owner and Engineer will sign and date the Change Order as authorization for Contractor to proceed with the changes. 2. Contractor will sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the work: 1. Engineer or Owner will issue a WDC directing Contractor to proceed with the change on the basis of unit prices, and will cite the applicable unit prices. 2. At completion of the change, Engineer will determine the cost of such work based on the unit prices and quantities used. ⁄ Contractor shall submit documentation to establish the number of units each item and any claims for a change in Contract Time. 3. Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. 4. Owner and Contractor will sign and date the Change Order to indicate their agreement with the terms therein. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 14 Orange County, North Carolina JULY 2021 DAA PN R00592-213N 29.9 Time and Material/force Account Change Order/Work Directive Change A. Engineer and Owner will issue a WDC directing Contractor to proceed with the changes. B. At completion of the change, Contractor shall submit itemized accounting and supporting data as proYLGHG LQ WKH $UWLFOH ´'RFXPHQWDWLR &ODLPV´RIWKLVVHFWLRQ C. Engineer will determine the allowable cost of such work, as provided in General Conditions and Supplementary Conditions. D. Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract Time E. Owner and Contractor will sign and date the Change Order to indicate their agreement therewith. 29.10 &RUUHODWLRQZLWK&RQWUDFWRU¶V6XEPLWWDOV A. Periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Contract Sum. B. Periodically revise the Construction Schedule to reflect each change in Contract Time. ⁄ Revise subschedules to show changes for other items of work affected by the changed. C. Upon completion of work under a Change Order, enter pertinent changes in Record Documents. S-30 - CONSTRUCTION SCHEDULES 30. 1 Work Included. A. Promptly after award of the Contract and within five days after the effective date of the Agreement, prepare and submit to the Engineer estimated construction progress schedules for the Work, with subschedules of related activities which are essential to its progress. Construction Progress Schedule shall indicate times when interruptions of normal sewer service will occur. The Contractor will coordinate this work with the Owner, giving the Owner ample opportunity to notify the property owners of the time, place, and extent of the interruption. B. Submit revised progress schedules on a monthly basis. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 15 Orange County, North Carolina JULY 2021 DAA PN R00592-213N 30.2 Form of Schedules A. Prepare schedules in the form of a horizontal bar chart. Computer generated schedules may be used in lieu of horizontal charts. Format must be approved by the Engineer. 1. Provide separate horizontal bar for each trade or operation for each item of work. 2. Horizontal time scale: In weeks from start of construction and identify the first work day of each month., 3. Scale and spacing: To allow space for notations and future revisions. B. Format of listings: The chronological order of the start of each item of work. C. Identification of listings: By major specification section numbers as applicable. 30.3 Content of Schedules A. Construction Progress Schedule: 1. Show the complete sequence of construction by activity. 2. Show the dates for the beginning of, and completion of, each major element of construction in no more than a two-week increment scale. 3. Show projected percentage of completion for each item as of the first day of each month. 4. Show projected dollar cash flow requirements for each month of construction. 5. Highlight all activities on the critical path. B. Submittals Schedule for Shop Drawings, Product Data and Samples shall show: 1. 7KHGDWHVIRU&RQWUDFWRU¶VVXEPLWWDOV 2. The dates submittals will be required for Owner-furnished products, if applicable. 3. The dates approved submittals will be required from the Engineer. C. A typewritten list of all long lead items (equipment, materials, etc.) 30.4 Progress Revisions A. Indicate progress of each activity to date of submission. B. Show changes occurring since previous submission of schedule: 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 16 Orange County, North Carolina JULY 2021 DAA PN R00592-213N C. Provide a Monthly Progress Status Report which provides a narrative explanation of progress identified in the revised Construction Schedule. The report shall indicate the following items: 1. Summarize revisions made to the Construction Schedule since the previous submittal. 2. Work completed during the reporting period. 3. Problem areas, anticipated delays, and the impact on the schedule. 4. Corrective action recommended, and its effect. 5. The effect of changes on schedules of other prime contractors. 30.5 Submissions A. Submit initial schedules to the Engineer within 5 days after the effective date of the Agreement. Resubmit revised schedules within 5 days after receiving (QJLQHHU¶VUHYLHZFRPPHQWV B. Submit revisHGSURJUHVVVFKHGXOHZLWKWKDWPRQWK¶VD C. Submit six (6) copies of Monthly Progress Status Report with progress schedules. Engineer will return one copy with appropriate review comments. 30.6 Distribution A. Distribute copies of the reviewed schedules to: 1. Engineer. (two copies) 2. &RQWUDFWRU¶VMREVLWHILOH 3. Subcontractors. 4. Other concerned parties. 5. Owner (two copies) B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. 30.7 Responsibility for Schedule Compliance A. The Contractor agrees that whenever it becomes apparent from the current monthly schedule that delays to the project schedule have resulted, and hence, that the contract completion date will not be met, he will take some or all of the following actions at no additional cost to the Owner, submitting to the Owner for approval, a written statement of the steps he intends to take to remove or arrest the delay in the approved schedule. 1. Increased construction manpower in such quantities and crafts as will substantially eliminate the backlog of work. 2. Increase the number of working hours per shift, shifts per working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate the backlog of work. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 17 Orange County, North Carolina JULY 2021 DAA PN R00592-213N 3. Reschedule activities to achieve maximum practical concurrence of accomplishment of activities, and comply with the revised schedule. 4. Costs incurred by the Owner arising from such lengthening of hours, LQFOXGLQJIXUQLVKLQJRI,QVSHFWRUVVKDOOEH and shall be deducted from monies due him. Failure of the Contractor to comply with these requirements may be grounds for determination by the Engineer that the Contractor is not proceeding at such rates as will insure completion within the specified time and may result in the termination of the right of the Contractor to continue the work. 30.8 Adjustment of Contract Schedule and Completion Time A. If the Contractor desires to make changes in his method of operating which affect the approved schedule, he shall notify the Engineer in writing stating that changes are proposed and the reason for the change. If the Engineer approves these changes, the Contractor shall revise and submit for approval, without additional cost to the Owner all of the affected portion of the schedule. The schedule shall be adjusted by the Contractor only after prior approval of his proposed changes by the Engineer. B. The contract completion time will be adjusted only for causes specified in this contract. In the event the Contractor requests an extension of any contract completion date, he shall furnish such justification and supporting evidence as the Engineer may deem necessary for a determination as to whether the Contractor is entitled to an extension of time under the provisions of this contract. Engineer will, after receipt of such justification and supporting evidence make findings of fact and will adviser the Contractor in writing thereof. If the Engineer ILQGVWKDWWKH&RQWUDFWRULVHQWLWOHGWRSUR determination as to the total number of days extension shall be based upon the currently approved schedule and on all data relevant to the extension. Such data shall be included in the next monthly updating of the schedule. The Contractor acknowledges and agrees that actual delays in activities which, according to the schedule, do not affect any contract completion date shown by the critical path in the schedule do not have any effect on the contract completion date or dates, and therefore, will not be the basis for a change. 30.9 Adjustment by Engineer A. From time to time it may be necessary for the Contract schedule and/or completion time to be adjusted by the Engineer due to the effects of job conditions, acts or omissions of other contractors not directly associated with this contract, weather, technical difficulties, strikes, unavoidable delays and other enforceable conditions which may indicate schedule adjustments and/or completion time extension. Under such conditions, the Engineer shall direct the Contractor to reschedule the work to reflect the changed conditions, and the Contractor shall revise his schedule accordingly. Schedule extensions affecting the Contract completion time shall be granted only by the Engineer in writing. No additional compensation shall be made to the Contractor for such schedule DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 18 Orange County, North Carolina JULY 2021 DAA PN R00592-213N changes except for unavoidable overall Contract time extensions beyond the actual completion of all unaffected Work in the Contract, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the Owner. 30.10 Coordinating Schedules with Other Contract Schedules A. Where work is to be performed under this contract concurrently with and/or contingent upon work performed on the same facilities or area under other FRQWUDFWVWKH&RQWUDFWRU¶VVFKHGXOHVKDOOE f the other contracts. The Contractor shall obtain the schedules of the other appropriate contracts for the preparation and updating of his schedule and shall make the required changes in his schedule when indicated by changes in corresponding schedules. B. Float Time 1. The Owner controls the float time in the approved schedule and, therefore, without obligation to extend either the overall completion date or any intermediate completion dates set out in the schedule, the Owner may initiate changes to the work that absorb float time only. Owner initiated changes that affect the Critical Path on the approved schedule, shall be the sole grounds for extending said completion dates. Contractor-initiated changes that encroach on the float time identified in the approved schedule may be DFFRPSOLVKHGZLWKWKH2ZQHU¶VFRQFXUUHQFH6 give way to Owner-initiated changes competing for the same float time. S-31 - OMITTED S-32 - TEMPORARY UTILITIES 32.1 Requirements Included A. Furnish, install and maintain temporary utilities required for construction and remove on completion of work. 32.2 Requirements of Regulatory Agencies A. Comply with National Electric Code. B. Comply with Federal, State and local codes and regulations and with utility company requirements. C. Comply with North Carolina Department of Transportation Regulations. 32.3 Materials, General DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 19 Orange County, North Carolina JULY 2021 DAA PN R00592-213N A. Materials may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. 32.4 Temporary Electricity and Lighting A. Arrange with utility company, provide service required for power and lighting, and pay all costs for service and for power used in construction and testing. B. Install circuit and branch wiring, with area distribution boxes located so that power and lighting is available as required for construction by the use of construction-type power cords. 32.5 Temporary Ventilation A. Provide temporary ventilation as required to maintain adequate environmental conditions to facilitate progress of the Work to meet specified OSHA requirements. B. Provide temporary ventilation, if necessary, to protect materials from damage due to temperature or humidity. 32.6 Temporary Water A. Make all necessary arrangements for obtaining water for construction purposes. 32.7 Temporary Sanitary Facilities A. Provide sanitary facilities in construction trailers. B. Service, clean and maintain facilities and enclosures. 32.8 Temporary Pumps A. Provide temporary pumps for removal of water from the excavation when required by the Work to maintain proper conditions for construction. 32.9 General A. Maintain and operate systems to assure continuous service. B. Modify and extend systems as work progress requires. 32.10 Removal A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 20 Orange County, North Carolina JULY 2021 DAA PN R00592-213N C. Restore Permanent facilities used for temporary services to specified condition. S-33 - FIELD OFFICES 33.1 Scope of Work A. Furnish, install and maintain temporary field office and furnishings. B. Furnish, install and maintain storage and work sheds needed for construction. C. At completion of work, remove field offices, sheds and contents. D. Contractor shall be responsible for all costs for Items A thru D. 33.2 Submittals A. Prior to installation of field office, submit to Engineer for review a complete description of proposed location, access, and related data. 33.3 Requirements for Facilities A. Construction: 1. Structurally sound, weather tight, with floors raised above ground. 2. Temperature transmission resistance: Compatible with occupancy and storage requirements. 3. $W&RQWUDFWRU¶VRSWLRQSRUWDEOHRUPRELOH ⁄ Mobile trailers, when used, shall be modified for office use. ⁄ Do not use mobile trailers for living quarters. 33.4 Materials, Equipment, Furnishings A. May be new or used, but must be serviceable, adequate for required purpose, and must not violate applicable codes or regulations. 33.5 Preparation A. Fill and grade sites for temporary structures to provide surface drainage. 33.6 Installation A. Construct temporary field offices on proper foundations, provide connections for utility services. 1. Secure portable or mobile buildings when used. 2. Provide steps and landings complete with hand rails at all entrance doors. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SPECIAL CONDITIONS High Rock Waste & Recycling Center Improvements SC - 21 Orange County, North Carolina JULY 2021 DAA PN R00592-213N B. Mount thermometer and rain gauge at convenient outside location, not in direct sunlight. C. Locate construction office facilities at the location approved by the Engineer within the areas designated on the Drawings. D. Field offices shall be equipped and ready for use within 10 days after notice to proceed. 33.7 Maintenance and Cleaning A. Maintain offices in first class condition for the duration of the project. 33.8 Removal A. Remove temporary structures, field offices, contents and services at a time when no longer needed. B. Remove foundations and debris; grade site to required elevations and clean the areas. END OF SECTION DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 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- DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 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 C ounty 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. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 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. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 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 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 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 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 33 00 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 01 33 00 ± SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 SECTION INCLUDES A. This Section includes, but is not limited to, requirements for the following: 1. Submittal procedures 2. Construction progress schedule 3. Schedule of values 4. Project record documents 5. Certificates of compliance 6. Catalog data 7. Shop drawings 8. 0DQXIDFWXUHU¶VLQVWDOODWLRQSURFHGXUHV 9. Samples 10. Warranties 11. Spare parts and maintenance materials 1.2 SUBMITTAL PROCEDURES A. Transmit each submittal with cover letter to the Engineer: Draper Aden Associates, 114 Edinburgh South Drive, Suite 200 Cary, NC 27511 B Sequentially number transmittal forms. Re-submittals are to have original number with an alphabetic suffix. C. Cover letter for each submittal package shall list the following: 1. &RQWUDFWRU¶V1DPH 2. 2ZQHU¶V1DPH 3. Project Name 4. Draper Aden Associates Project Number D. Individual submittals shall each be listed by the following information: 1. Submittal reference number 2. Specification section number 3. Drawing and detail number when appropriate 4. Equipment 5. Type submittal 6. Supplier DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 33 00 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 7. Manufacturer E. $SSO\&RQWUDFWRU¶VVWDPSWRHDFKVXEPLWWD certifying that Contractor has reviewed submittal for conformance with requirements of Contract Documents, and has coordinated submittal with related work. F. Schedule submittals to expedite Project, and deliver to coordinate submission of related items. Allow a minimum of fifteen (15) working days IRU(QJLQHHU¶VUHYLHZ G. Identify variations from Contract Documents and Product limitations as they relate to the satisfactory performance of the Project. H. Provide space for Contractor and Engineer review stamps. I. Revise and resubmit submittals as required ± identify changes made since previous submittal. J. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report inability to comply with provisions. K. Work requiring submittal review by Engineer shall not be started until review has been obtained. L. (QJLQHHU¶VUHYLHZRIVXEPLWWDOVVKDOOQRWU for complete compliance with Contract Documents. 1.3 ADMINISTRATIVE SUBMITTALS A. Construction Progress Schedule 1. Submit five (5) copies of the initial progress schedule 15 days after date of Owner-Contractor Agreement. One copy shall be returned to the Contractor. 2. Progress schedule shall be, as a minimum, a horizontal bar chart with a separate line for each major section of Work. Identify the first workday of each week. 3. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 33 00 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N a. Indicate the expected monthly par requests. b. Submit revised schedule with each Application for Payment as required for updating, identifying changes since previous version. Indicate estimated percentage of completion for each item of Work at each submission. 6. Indicate submittal dates required for critical shop drawings, product data, samples, and product delivery dates including those furnished by Owner and items listed under Allowances. 7. Indicate specific work sequences and requirements. B. Schedule of Values 1. Submit three (3) copies of the schedule of values at least three (3) Weeks prior to the first partial payment request. Schedule shall divide the lump sum contract items into major work tasks. Use the table of contents as a guide for itemizing the schedule. Schedule will EHXVHGRQO\DVDEDVLVIRUUHYLHZRIWKH payment. 2. Engineer may request additional delineation of work tasks and supporting data of the values, as he deems appropriate. Revise schedule and resubmit. 3. Revise schedule to list approved Change Orders, with each request for payment. C. Project Record Documents 1. Maintain on site, one set of the following record documents; record actual revisions to the Work: a. Contract Drawings b. Contract Documents and Specifications c. Addenda d. Change Orders and other Modifications to the Contract e. Reviewed Submittals 2. Store Record Documents separate from documents used for construction. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 33 00 - 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3. Record information concurrent with construction progress. 4. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: a. 0DQXIDFWXUHU¶VQDPHSURGXFWPRGHOD b. Product substitutions or alternates utilized c. Changes made by Addenda and Modifications 5. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: a. Measure and reference horizontal and vertical locations of underground utilities and appurtenances to permanent surface improvements. b. Field changes from construction Drawings. c. Details not on original Contract Drawings. 6. Submit documents to engineer with final Application for Payment. 1.4 TECHNICAL SUBMITTALS A. General: Submit the following, in the number indicated, as required by the individual sections of the technical specifications. B. Certificates of Compliance 1. 6XEPLW 0DQXIDFWXUHU¶V &HUWLILFDWHV RI & specified for Shop Drawings. 2. Certificates shall certify that the Products delivered to the project are in conformance with the Specifications. 3. Certificates may be recent or previous test results on Product, but must be acceptable to Engineer. 4. Certification shall not relieve the Contractor of responsibility for complying with requirements of the Specifications. C. Catalog Data 1. 6XEPLWFRSLHVRIPDQXIDFWXUHUV¶VWDQGDU to be used in the Work. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 33 00 - 5 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2. When shop drawings are not required, the catalog data shall include the following as a minimum: a. Parts schedule that identifies the materials to be used in each of the various parts. b. Sufficient detail to serve as a guide for assembly and disassembly of the product and to serve as guide for ordering parts. 3. Mark each copy to identify applicable products, models options, and RWKHUGDWD6XSSOHPHQWPDQXIDFWXUH provide information unique to this Work in the Shop Drawing submittal. 4. Submit the number of copies as follows: a. Products specified by a national standard: Submit three (3) copies. This data is for the general information of the Engineer and for use by the Owner for operation and maintenance and will not be returned to the Contractor. b. Other Products: Submit the number of copies specified for the Shop Drawing. D. Shop Drawings 1. Submit the number of copies that Contractor requires, plus three (3) copies that will be retained by Engineer. 2. Shop drawings shall consist of drawings, diagrams, illustrations, schedules, performance charts, brochures and other data, prepared specifically for a portion of the Work. Shop Drawings shall indicate the type, size, quantity, arrangement, location, mode of operation, component materials, utility connections, wiring and control diagrams, anchorages, supports, factory applied coatings, and other information necessary to ensure satisfactory fabrication, installation and operation of the completed Work. Shop Drawings shall establish the actual detail of manufactured or fabricated items, indicate proper relation to adjoining work, amplify design details of mechanical and electrical equipment in proper relation to physical spaces in the structure, and incorporate minor changes to design and construction to suit actual requirements. E. 0DQXIDFWXUHU¶V,QVWDOODWLRQ3URFHGXUHV DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 33 00 - 6 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 1. 6XEPLWPDQXIDFWXUHUV¶LQVWDOODWLRQSURF in the quantities specified for Shop Drawings. F. Samples 1. Submit samples as required by the individual specification sections. Samples shall be physical examples to illustrate the materials and workmanship. Submit in sufficient size and quantity to clearly illustrate the functional characteristics of the Product, with integrally related parts and attachment devices, and the full range of color to be provided. G. Warranties 1. Provide copies of Product warranties as required by the individual sections of the specifications. 2. Provide duplicate notarized copies. 3. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. 4. Provide Table of Contents and assemble in three D side ring binder with durable plastic cover. 5. Submit prior to final Application for Payment. c. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within 10 days after acceptance, listing date of acceptance as start of warranty period. H. Spare Parts and Maintenance Materials 1. Provide recommended manuIDFWXUHU¶VOLVWRIVSDUHS maintenance, and extra material as specified in individual sections. END OF SECTION 01 33 00 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 45 00 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. General quality assurance and control B. References C. Manufacturer's instructions, certificates, field services, and reports D. Testing laboratory services 1.02 RELATED REQUIREMENTS A. Section 01 33 00 Submittal Procedures 1.03 GENERAL QUALITY CONTROL A. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. B. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. C. Perform work by persons qualified to produce workmanship of specified quality. D. Secure products in place with positive anchorage devices and sized to withstand stresses, vibration, physical distortion, and disfigurement. 1.04 REFERENCES A. Conform to the referenced standards and Standard Specifications. B. Specific provisions of codes, regulations and standards may be referenced in individual Specifications to assist the Contractor and identify options selected by the Engineer. Such references do not relieve the Contractor from compliance with other applicable provisions of codes, regulations, and standards not specifically referenced. C. Should specified reference standards conflict with Contract Documents, request clarification from Engineer before proceeding. 1.05 0$18)$&785(5¶6,16758&7,216$1'&(57,),&$7(6 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. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 45 00 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N B. When required by individual Specifications Section, submit manufacturer's certificate that products meet or exceed specified requirements. 1.06 0$18)$&785(5¶6),(/'6(59,&(6$1'5(32576 A. When specified in respective Specification Sections, require supplier, manufacturer, or installer, to provide qualified personnel to observe field conditions, conditions of surfaces and installation; quality of workmanship; start-up of equipment; test, adjust, and balance of equipment as applicable; and to make appropriate recommendations. B. Manufacturer's representative shall submit a written report to Engineer listing observations, site decisions, and instructions that are supplemental or contrary to manufacturer's written instructions. The manufacturer's representative shall certify that the materials and/or equipment has been properly installed and is functioning correctly. 1.07 TESTING All necessary testing services shall be arranged for and paid by the Contractor unless otherwise indicated (Section 32 12 16 ± Asphalt Paving) in the Contract Documents. 1.08 INSPECTION AND TESTING LABORATORY SERVICES FOR CONCRETE AND SOILS A. Where reference is made in the Specifications to tests, inspections, independent designs, etc., such services shall be furnished by a fully qualified independent testing laboratory or firm of inspection engineers. All costs for providing such services shall be paid for by the Owner. B. All arrangements for the testing work shall be made by the Contractor. Whenever inclement weather does not provide suitable testing conditions, the Contractor shall be responsible for cancellation notice to the testing agency. Any costs incurred because of failure to provide adequate cancellation notice shall be borne by the Contractor. Owner shall b e notified of arrangements made for testing work. C. If a test fails to meet specification requirements, then the area represented E\WKDWWHVWVKDOOEHUHZRUNHGDQGUHWHVW Any additional testing required to verify previously failing tests shall be at WKH&RQWUDFWRU¶VH[SHQVH$OOFRUUHFWLYHP the Quality Control reports. D. Test reports shall be supplied to the Engineer within 3 days of the DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 45 00 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N completion of such testing. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 70 00 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 01 70 00 ± CONTRACT CLOSEOUT PART 1 GENERAL SUMMARY Section Includes: Description of procedures to be followed and related work required to accomplish an orderly transfer of Project deliverables from the Contractor to the Owner. Related Sections include but are not necessarily limited to: 1. Front End Documents: Bid Requirements, Contract Forms, and Conditions of the Contract. 2. Division I - General Requirements. 1.2 DEFINITIONS A. Punch List: The stated qualification accompanying either the Engineer's Certificate of Substantial Completion or the Certificate of Final Payment, or any list of construction items found to be deficient or incomplete through review of the Work by Engineer and communicated in writing to Contractor at any time during the Contract Period. B. Record Drawings: Drawings showing changes made during actual construction. 1.3 SUBMITTALS A. Substantial Completion: 1. Contractor to notify Engineer that the Contractor considers the Work as a whole to be in Substantial Completion and request for a Substantial Completion inspection. B. Final Completion: 1. Contractor to notify Engineer that the Contractor considers the entire Work to have progressed to final completion. 2. When Final Completion and Substantial Completion are coincidental: a. Submittals required for Substantial Completion, and; b. Record Drawings; c. As-built survey performed by Licensed Surveyor. d. Lien waivers, if requested by Owner; e. Evidence of payments, if requested by Owner. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 70 00 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3. When final completion does not coincide with Substantial Completion: a. Substantial Completion submittals for portions of the work not previously considered substantially complete, if any, and; b. Record Drawings; c. Lien waivers, if required by Owner; d. Evidence of payments, if required by Owner. PART 2- PRODUCTS- (NOT APPLICABLE TO THIS SECTION) PART 3- EXECUTION 3.1 DELIVERY OF EXTRA MATERIALS AND SPARE PARTS A. Provide security, protection from the elements and maintenance for the entire Contract Period. B. No deliveries of partial inventories accepted. C. Upon Substantial Completion, Engineer will notify Contractor in writing that extra materials and spare parts may be delivered. 1. Deliver to Owner through Engineer unless otherwise directed in writing. 2. Contractor and representatives of Owner and Engineer shall inspect and inventory all items delivered. 3. Inventory shall be revised to indicate any items delivered that were damaged or defective. 4. Contractor and Owner's and Engineer's representatives shall sign inventory certifying that all items listed were delivered and that, unless otherwise noted on the inventory, all items were in good condition at the time of delivery to Owner. D. Engineer will review inventory for completeness and inform Contractor promptly of any deficiencies therein. E. Contractor shall replace ail damaged and defective items noted on the inventory before requesting final inspection. 3.2 INSPECTION FOR FINAL ACCEPTANCE AND PAYMENT DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 70 00 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N A. When the items of Work on the Punch List(s) have been completed, and Contractor considers the Work of the entire Project is complete, he shall submit written certification that: 1. Contract Documents have been reviewed. 2. Work has been inspected for compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents. 4. Work has received final cleanup and restoration. 5. Work is completed and ready for final inspection. B. Engineer and Owner will make an inspection with the Contractor to verify the status of completion within 14 calendar days after receipt of such certification. C. Should Engineer consider that the Work is incomplete or defective: 1. Engineer: Notify the Contractor in writing within 7 calendar days, listing the incomplete or defective work. 2. Contractor: Remedy the stated deficiencies, and send a second written certification to Engineer that the Work is complete. 3. Engineer will reinspect the Work. D. When Engineer finds the Work acceptable in accordance with the Contract Documents: Engineer requests Contractor to make closeout submittals. E. Reinspection costs incurrred by the Engineer will be billed to the Owner and deducted by the Owner from the final payment to the Contractor. F. A warranty inspection will be conducted by Contractor, Owner, and Engineer, 11 months after substantial completion is accomplished. 3.4 FINAL APPLICATION FOR PAYMENT A.. Complete demobilization prior to submitting final application for payment. B. Submit final application for payment in accordance with procedures and requirements stated in the Conditions of the Contract. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 01 70 00 - 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N C. Engineer will review application for final payment within 14 calendar days of receipt of application, and provide a recommendation to the Owner regarding payment. END OF SECTION 01 70 00 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 03 30 00 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 03 30 00 - CAST-IN-PLACE CONCRETE PART 1 - GENERAL 1.1 SUMMARY A. Section includes cast-in-place concrete, including formwork, reinforcement, concrete materials, mixture design, placement procedures, and finishes. B. Related Requirements: 1. Section 312000 "Earth Moving" for drainage fill under slabs-on-grade. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. B. Design Mixtures: For each concrete mixture. C. Steel Reinforcement Shop Drawings: Placing Drawings that detail fabrication, bending, and placement. 1.3 INFORMATIONAL SUBMITTALS A. Material certificates. B. Material test reports. 1.4 QUALITY ASSURANCE A. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that complies with ASTM C 94/C 94M requirements for production facilities and equipment. B. Testing Agency Qualifications: An independent agency, acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 for testing indicated. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 03 30 00 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 1.5 PRECONSTRUCTION TESTING A. Preconstruction Testing Service: Engage a qualified testing agency to perform preconstruction testing on concrete mixtures. 1.6 FIELD CONDITIONS A. Cold-Weather Placement: Comply with ACI 306.1. 1. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in mixture designs. B. Hot-Weather Placement: Comply with ACI 301 (ACI 301M). PART 2 - PRODUCTS 2.1 CONCRETE, GENERAL A. ACI Publications: Comply with the following unless modified by requirements in the Contract Documents: 1. ACI 301. 2. ACI 117. 2.2 FORM-FACING MATERIALS A. Smooth-Formed Finished Concrete: Form-facing panels that provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. B. Rough-Formed Finished Concrete: Plywood, lumber, metal, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit. 2.3 STEEL REINFORCEMENT A. Recycled Content of Steel Products: Postconsumer recycled content plus one - half of preconsumer recycled content not less than 60 percent. B. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 , deformed. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 03 30 00 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N C. Plain-Steel Welded-Wire Reinforcement: ASTM A 1064/A 1064M, plain, fabricated from as-drawn steel wire into flat sheets. D. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded -wire reinforcement in place. Manufacture bar supports from steel wire, plastic, or precast concrete according to CRSI's "Manual of Standard Practice." 2.4 CONCRETE MATERIALS A. Cementitious Materials: 1. Portland Cement: ASTM C 150/C 150M, Type I/II, gray. 2. Fly Ash: ASTM C 618, Class F or C. B. Normal-Weight Aggregates: ASTM C 33/C 33M, graded. 1. Maximum Coarse-Aggregate Size: 3/4 inch (19 mm) nominal. 2. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement. C. Air-Entraining Admixture: ASTM C 260/C 260M. D. Chemical Admixtures: Certified by manufacturer to be compatible with other admixtures and that do not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride. 1. Water-Reducing Admixture: ASTM C 494/C 494M, Type A. 2. Retarding Admixture: ASTM C 494/C 494M, Type B. 3. Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D. 4. High-Range, Water-Reducing Admixture: ASTM C 494/C 494M, Type F. 5. High-Range, Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type G. 6. Plasticizing and Retarding Admixture: ASTM C 1017/C 1017M, Type II. E. Water: ASTM C 94/C 94M and potable. 2.5 CURING MATERIALS A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application to fresh concrete. B. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. when dry. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 03 30 00 - 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap- polyethylene sheet. D. Water: Potable. E. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B, dissipating. 2.6 RELATED MATERIALS A. Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber or ASTM D 1752, cork or self-expanding cork. 2.7 CONCRETE MIXTURES, GENERAL A. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory trial mixture or field test data, or both, according to ACI 301. B. Cementitious Materials: Use fly ash, pozzolan, slag cement, and silica fume as needed to reduce the total amount of portland cement, which would otherwise be used, by not less than 40 percent. C. Admixtures: Use admixtures according to manufacturer's written instructions. 1. Use water-reducing or plasticizing admixture in concrete, as required, for placement and workability. 2. Use water-reducing and -retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions. 3. Use water-reducing admixture in pumped concrete, concrete for heavy- use industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a w/c ratio below 0.50. 2.8 CONCRETE MIXTURES FOR BUILDING ELEMENTS A. Normal-Weight Concrete: 1. Minimum Compressive Strength: As indicated on drawings at 28 days. 2. Maximum W/C Ratio: 0.40. 3. Slump Limit: As indicated on drawings. 4. Air Content: 6 percent, plus or minus 1.5 percent at point of delivery for 1- inch nominal maximum aggregate size. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 03 30 00 - 5 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2.9 FABRICATING REINFORCEMENT A. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice." 2.10 CONCRETE MIXING A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94/C 94M[ and ASTM C 1116/C 1116M], and furnish batch ticket information. 1. When air temperature is between 85 and 90 deg F, reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F, reduce mixing and delivery time to 60 minutes. PART 3 - EXECUTION 3.1 FORMWORK INSTALLATION A. Design, erect, shore, brace, and maintain formwork, according to ACI 301 (ACI 301M), to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until structure can support such loads. B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117. C. Chamfer exterior corners and edges of permanently exposed concrete. 3.2 EMBEDDED ITEM INSTALLATION A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 3.3 STEEL REINFORCEMENT INSTALLATION A. General: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. 1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 03 30 00 - 6 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3.4 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. 3.5 WATERSTOP INSTALLATION A. Waterstops: Install in construction joints and at other locations indicated, according to manufacturer's written instructions. 3.6 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections are completed. B. Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new concrete is placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as indicated. Deposit concrete to avoid segregation. 1. Consolidate placed concrete with mechanical vibrating equipment according to ACI 301 . 3.7 FINISHING FORMED SURFACES A. Rough-Formed Finish: As-cast concrete texture imparted by form-facing material with tie holes and defects repaired and patched. Remove fins and other projections that exceed specified limits on formed-surface irregularities. 1. Apply to concrete surfaces not exposed to view. B. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defects. Remove fins and other projections that exceed specified limits on formed -surface irregularities. 1. Apply to concrete surfaces exposed to view, to receive a rubbed finish, or to be covered with a coating or covering material applied directly to concrete. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 03 30 00 - 7 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N C. Rubbed Finish: Apply the following to smooth-formed-finished as-cast concrete where indicated: 1. Smooth-Rubbed Finish: Not later than one day after form removal, moisten concrete surfaces and rub with carborundum brick or another abrasive until producing a uniform color and texture. Do not apply cement grout other than that created by the rubbing process. 2. Grout-Cleaned Finish: Wet concrete surfaces and apply grout of a consistency of thick paint to coat surfaces and fill small holes. Mix 1 part portland cement to 1-1/2 parts fine sand with a 1:1 mixture of bonding admixture and water. Add white portland cement in amounts determined by trial patches, so color of dry grout matches adjacent surfaces. Scrub grout into voids and remove excess grout. When grout whitens, rub surface with clean burlap and keep surface damp by fog spray for at least 36 hours. 3. Cork-Floated Finish: Wet concrete surfaces and apply a stiff grout. Mix 1 part portland cement and 1 part fine sand with a 1:1 mixture of bonding agent and water. Add white portland cement in amounts determined by trial patches, so color of dry grout matches adjacent surfaces. Compress grout into voids by grinding surface. In a swirling motion, finish surface with a cork float. D. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces unless otherwise indicated. 3.8 CONCRETE PROTECTING AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and ACI 301 for hot-weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. C. Formed Surfaces: Cure formed concrete surfaces. If forms remain during curing period, moist cure after loosening forms. If removing forms before end of curing period, continue curing for remainder of curing period. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 03 30 00 - 8 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N D. Cure concrete according to ACI 308.1, by one or a combination of the following methods: 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days. 2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture- retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tears during curing period, using cover material and waterproof tape. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial applicatio n. Maintain continuity of coating and repair damage during curing period. 3.9 CONCRETE SURFACE REPAIRS A. Defective Concrete: Repair and patch defective areas when approved by Architect. Remove and replace concrete that cannot be repaired and patched to Architect's approval. 3.10 FIELD QUALITY CONTROL A. The Contractor shall be responsible for engaging a special inspector and qualified testing and inspecting agency to perform any necessary field tests and inspections and prepare test reports. END OF SECTION 03 30 00 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 10 00 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 31 10 00 SITE CLEARING & DEMOLITION PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Protecting existing trees and grass to remain. 2. Clearing and grubbing. 3. Stripping and stockpiling topsoil. 4. Temporary erosion and sedimentation control measures. 1.2 MATERIAL OWNERSHIP A. Except for stripped topsoil or other materials indicated to remain Owner's property, cleared materials shall become Contractor's property and shall be removed from Project site. 1.3 PROJECT CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. B. Salvable Improvements: Carefully remove items indicated to be salvaged and store on Owner's premises where indicated. C. Utility Locator Service: Notify utility locator service for area where Project is located before site clearing. D. Do not commence site clearing operations until temporary erosion and sedimentation control measures are in place. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 10 00 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 PREPARATION A. Fully document the existing conditions of the site by photograph or video prior to commencing the work. B. Protect and maintain benchmarks and survey control points from disturbance during construction. C. Locate and clearly flag trees and vegetation to remain or to be relocated. D. Protect existing site improvements to remain from damage during construction. 1. Restore damaged improvements to their original condition, as acceptable to Owner. 3.2 TEMPORARY EROSION AND SEDIMENTATION CONTROL A. Provide temporary erosion and sedimentation control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways, according to requirements of the North Carolina Department of Environmental Quality, Division of Land Quality, all applicable regulations, and per the sediment and erosion control drawings. B. Inspect, repair, and maintain erosion and sedimentation control measures during construction until permanent vegetation has been established. Inspections should be made immediately after any precipitation event and Contractor shall document inspections by ways of a written log and photographs. These logs and photographs shall be made available to the Engineer or Owner immediately upon request. C. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal. 3.3 UTILITIES A. Locate, identify, disconnect, and seal or cap off utilities indicated to be removed. 1. Arrange with utility companies to shut off indicated utilities. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 10 00 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N B. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or adjacent properties unless permitted under the fo llowing conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify the Engineer and the Owner not less than two days in advance of proposed utility interruptions. 2. 'R QRW SURFHHG ZLWK XWLOLW\ LQWHUUXSWLR permission. 3.4 CLEARING AND GRUBBING A. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding a loose depth of 9 inches, and compact each layer to a density equal to adjacent original ground. 3.5 TOPSOIL STRIPPING A. Remove sod and grass before stripping topsoil. B. Strip topsoil to whatever depths are encountered in a manner to prevent intermingling with underlying subsoil or other waste materials. All topsoil shall be saved for use in site stabilization. C. Stockpile topsoil materials away from edge of excavations without intermixing with subsoil. Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust. 3.6 DISPOSAL A. Disposal: Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris, and legally dispose of. Disposal of material shall occur as follows: 1. Construction Demolition Debris: Wood, concrete, brick, or others meeting the allowed definition may be disposed of in the onsite C&D Landfill free of charge. 2. Clearing Debris: Trees, Stumps, Brush, etc. shall be disposed of offsite at a properly permitted facility at no additional charge to the Owner. 3. Unsuitable Soil: Shall be disposed of onsite at a location to be designated by the Owner. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 10 00 - 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 4. Waste/Trash: Shall be disposed of shall be disposed of offsite at a properly permitted facility at no additional charge to the Owner. END OF SECTION 31 10 00 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 20 00 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 31 20 00 EARTHWORK PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Preparing subgrades for slabs-on-grade, pavements, lawns and grasses, and exterior plants. 2. Excavating and backfilling for buildings and structures. 3. Drainage course for slabs-on-grade. 4. Subbase course for concrete pavements. 5. Subbase and base course for asphalt paving. 6. Excavating and backfilling for utility trenches. 1.2 DEFINITIONS A. Backfill: Soil material used to fill an excavation. 1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe. 2. Final Backfill: Backfill placed over initial backfill to fill a trench or other large area requiring fill. B. Base Course: Course placed between the subbase course and hot-mix asphalt paving. C. Bedding Course: Course placed over the excavated subgrade in a trench before laying pipe. D. Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill. E. Drainage Course: Course supporting the slab -on-grade that also minimizes upward capillary flow of pore water. F. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions indicated. 1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by Engineer. Authorized additional excavation and replacement material will be paid for according to Contract provisions changes in the Work. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 20 00 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Engineer. Unauthorized excavation, as well as remedial work directed by Engineer, shall be without additional compensation. G. Fill: Soil materials used to raise existing grades. H. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. I. Subbase Course: Course placed between the subgrade and base course for hot-mix asphalt pavement, or course placed between the subgrade and a cement concrete pavement or a cement concrete or hot -mix asphalt walk. J. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below subbase, drainage fill, or topsoil materials. K. Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings. 1.3 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or adjacent properties unless permitted in writing by Engineer and then only after arranging to provide temporary utility services according to requirements indicated. B. ,W VKDOO EH WKH &RQWUDFWRU¶V UHVSRQVLELOL perform any subsurface investigations deemed necessary before submitting a bid. PART 2 - PRODUCTS 2.1 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. B. Satisfactory Soils: Onsite soils classifying as SC or CL are suitable for use as fill material under structures, concrete slabs, foundations, pavement sections, or as backfill material. Fill material obtained onsite or off-site shall meet ASTM D 2487 Soil Classification Groups CL, ML, GC, GW, GP, GM, SC, SW, SP, and SM, with less than 65% passing the No. 200 sieve and a Liquid Lim it of less than or equal to 50. The maximum particle size should be 3-inches largest DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 20 00 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N dimension, except in the uppermost lift of fill, where the m aximum particle size should be two inches largest dimension. Maximum sized particles should not be in excess of 20 per cent of the volume of the fill materials, and such particles shall be well distributed throughout the mass. Fill material shall not con tain, waste, frozen materials, vegetation, and other deleterious matter and shall not be placed on over-saturated, frozen, or frost covered subgrade. C. Unsatisfactory Soils: Soil Classification Groups OL, CH, MH, OH, and PT according to ASTM D 2487, or a combination of these groups. 1. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction. D. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch sieve and not more than 12 percent passing a No. 200 sieve. E. Base Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1-1/2-inch sieve and not more than 8 percent passing a No. 200 sieve. F. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch sieve and not more than 12 percent passing a No. 200 sieve. G. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-inch sieve and not more than 8 percent passing a No. 200 sieve. H. Drainage Course: Narrowly graded mixture of washed crushed stone, or crushed or uncrushed gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1-1/2-inch sieve and 0 to 5 percent passing a No. 8 sieve. 2.2 ACCESSORIES A. Warning Tape: Acid- and alkali-resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, 6 inches wide and 4 mils thick, continuously inscribed with a description of the utility. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 20 00 - 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N PART 3 - EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. B. Preparation of subgrade for earthwork operations includ ing removal of vegetation, topsoil, debris, obstructions, and deleterious materials from ground surface is specified in Division 2 Section "Site Clearing." C. Protect and maintain erosion and sedimentation controls, which are specified in Division 2 Section "Site Clearing," during earthwork operations. 3.2 EXCAVATION A. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered. Unclassified excavated materials may include rock, soil materials, and obstructions. No changes in the Contract Sum or the Contract Time will be authori zed for rock excavation or removal of obstructions. 1. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock, replace with satisfactory soil materials. 3.3 EXCAVATION FOR STRUCTURES A. Excavate to indicated elevations and dimensions within a tolerance of plus or minus 1 inch. If applicable, extend excavations a sufficient distance from structures for placing and removing concrete formwork, for installing services and other construction, and for inspections. 1. Excavations for Footings and Foundations: Do not disturb bottom of excavation. Excavate by hand to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades to leave solid base to receive other work. 3.4 EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and subgrades. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 20 00 - 5 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3.5 EXCAVATION FOR UTILITY TRENCHES A. Excavate trenches to indicated gradients, lines, depths, and elevations. B. Excavate trenches to uniform widths to provide the following clearance on each side of pipe or conduit. Excavate trench walls vertically from trench bottom to 12 inches higher than top of pipe or conduit, unless otherwise indicated. 1. Clearance: 12 inches each side of pipe or conduit. C. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of pipes and conduit. Shape subgrade to p rovide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove projecting stones and sharp objects along trench subgrade. 1. Excavate trenches 6 inches deeper than elevation required in rock or other unyielding bearing material, 4 inches deeper elsewhere, to allow for bedding course. 3.6 SUBGRADE INSPECTION A. Proof-roll subgrade below slabs and pavements with heavy pneumat ic-tired equipment to identify soft pockets and areas of excess yielding. Do not proof - roll wet or saturated subgrades. B. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by Engineer, without additional compensation. 3.7 UNAUTHORIZED EXCAVATION A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom, withou t altering top elevation. Flowable fill, with 28-day compressive strength of 200 psi, may be used when approved by Engineer. 1. Fill unauthorized excavations under other construction or utility pipe as directed by Engineer. 3.8 STORAGE OF SOIL MATERIALS A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing. Place, grade, and shape stoc kpiles to drain surface water. Cover to prevent windblown dust. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 20 00 - 6 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. 3.9 UTILITY TRENCH BACKFILL A. Place backfill on subgrades free of mud, frost, snow, or ice . B. Place and compact bedding course on trench bottoms and where indicated. Shape bedding course to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. C. Place and compact initial backfill of subbase material, free of particles large r than 1 inch in any dimension, to a height of 12 inches over the utility pipe or conduit. 1. Carefully compact initial backfill under pipe haunches and compact evenly up on both sides and along the full length of utility piping or conduit to avoid damage or displacement of piping or conduit. Coordinate backfilling with utilities testing. D. Place and compact final backfill of satisfactory soil to final subgrade elevation. E. Install warning tape directly above utilities, 12 inches below finished grade, except 6 inches below subgrade under pavements and slabs. 3.10 SOIL FILL A. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material. B. Place and compact fill material in layers to required elevations as foll ows: 1. Under grass and planted areas, use satisfactory soil materia l. 2. Under walks and pavements, use satisfactory soil material. 3. Under building slabs, use engineered fill. 4. Under footings and foundations, use engineered fill. 3.11 SOIL MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before compaction to within 2 percent of optimum moisture content. 1. Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain frost or ice. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 20 00 - 7 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2. Remove and replace, or scarify and air dry otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.12 COMPACTION OF SOIL BACKFILLS AND FILLS A. Place backfill and fill soil materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand-operated tampers. B. Place backfill and fill soil materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure. C. Compact soil materials to not less than the following percentages of maximum dry unit weight according to ASTM D 698: 1. Under structures, building slabs, concrete slabs, and pavements, scarify and recompact top 12 inches of existing subgrade and each layer of backfill or fill soil material at 98 percent of its respective maximum dry density and within 2+/- % of its optimum moisture content. 2. Under lawn or unpaved areas, scarify and recompact top 6 inches below subgrade and compact each layer of backfill or fill soil material at 90 percent. 3. For utility trenches, compact each layer of initial and fi nal backfill soil material at 90 percent in unpaved areas and 98 percent under pavement. 3.13 GRADING A. General: Uniformly grade areas to a smooth surface, free of irregular surf ace changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. B. Site Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades to required elevations within the foll owing tolerances: 1. Lawn or Unpaved Areas: Plus or minus 1 inch. 2. Pavements: Plus or minus 1/2 inch. C. Grading inside Building Lines: Finish subgrade to a tolerance of 1/2 inch when tested with a 10-foot straightedge. 3.14 SUBBASE AND BASE COURSES A. Place subbase and base course on subgrades free of mud, frost, snow, or ice. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 20 00 - 8 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N B. On prepared subgrade, place subbase and base course under pavements and walks as follows: 1. Shape subbase and base course to required crown elevations and cross- slope grades. 2. Compact subbase and base course at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 98 percent of maximum dry unit weight according to ASTM D 698. 3.15 DRAINAGE COURSE A. Place drainage course on subgrades free of mud, frost, snow, or ice. B. On prepared subgrade, place and compact drainage course under cast -in-place concrete slabs-on-grade as follows: 1. Place drainage course that exceeds 6 inches in compacted thickness in layers of equal thickness, with no compacted layer more than 6 inches thick or less than 3 inches thick. 2. Compact each layer of drainage course to required cross sections and thicknesses to not less than 95 percent of maximum dry unit weight according to ASTM D 698. 3.16 FIELD QUALITY CONTROL A. Testing Agency: Contractor will engage a qualified independent geotechnical engineering testing agency to perform field quality-control testing. B. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent earthwork only after test results for previously completed work comply with requirements. C. Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. D. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required; recompact and retest until specified compaction is obtained. 1. 7KH 2ZQHU ZLOO SD\ IRU ³SDVVLQJ´ VRLOV WHVW f FRUUHFWLYHDFWLRQFRVWVRI³IDLOLQJ´VRLOVW the Contractor. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 20 00 - 9 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3.17 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. C. Where settling occurs before Project correction p eriod elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to greatest extent possible. 3.18 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Remove surplus satisfactory soil and waste material, inc luding unsatisfactory soil, trash, and debris, and legally dispose of it per the instructions in Section 31 10 00. END OF SECTION 31 20 00 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 25 00 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 31 25 00 ± CONTROL OF EROSION, SILTATION AND POLLUTION PART 1 - GENERAL 1.1 RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplemental Conditions and Special Project Sections, apply to this Section. 1.2 SUMMARY A. This section covers the furnishing of materials, labor, and equipment necessary to minimize erosion, siltation, and pollution on the project or projects covered by these specifications. B. The Contractor shall take whatever measures are necessary to minimize soil erosion and siltation, water pollution, and air pollution. The Contractor shall also comply with the applicable regulations of all legally constituted authorities relating to pollution prevention and control. The Contractor shall keep himself fully informed of all such regulations which in any way affect the conduct of the work. In the event of conflict between such regulations and the requirements of these specifications, the more restrictive requirements shall apply. C. Failure on the part of the Contractor to perform the necessary measures to control erosion, siltation, and pollution will result in the Engineer¶V notifying the Contractor to take such measures. In the event that the Contractor fails to perform such measures within 24 hours after receipt of such notice, the Engineer may suspend the work with no extension of contract time, or may proceed to have such measures performed by others at the Contractor's expense, or both. D. Related Work in Other Sections: Clearing & Demolition: Section 31 10 00 Earthwork: Section 31 20 00 Turf and Grasses: Section 32 92 00 1.3 QUALITY ASSURANCE Quality Assurance: Erosion and sedimentation control shall conform to the requirements of the North Carolina Sedimentation Pollution Control Act of 1973. PART 2 - PRODUCTS DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 25 00 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2.1 Seeding and seeding materials shall conform to the requirements of Section 32 92 00. 2.2 Silt fences shall conform to the details shown on plans. 2.3 Check dams and jute mat shall conform to the details shown on the plans. PART 3 - EXECUTION 3.1 The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent the eroding of soil and the siltation of rivers, streams, lakes, reservoirs, ditches, ground surfaces, or other property. Should any erosion or siltation occur, the Contractor shall take immediate action to correct the situation. The Contractor shall remove and properly dispose of any material washed into rivers, streams, lakes, reservoirs, ditches, storm sewers, or other property. The Contractor shall be liable for any damage to private or public property resulting from insufficient erosion and siltation control measures. 3.2 Construction operations in rivers, streams, ditches, and water impoundments shall be restricted to those areas which must be entered for the performance of work shown on the plans. Excavated materials shall not be deposited in rivers, streams, ditches, or impoundments except that temporary earth dikes may be used when approved by the Engineer, but such dikes shall be completely remo ved in such manner as to prevent siltation. Frequent fording of flowing streams with equipment will not be permitted. Temporary bridges or other structures shall be used wherever frequent stream crossings are necessary. 3.3 Temporary and permanent erosion control measures shall be provided as shown on the plans or as directed by the Engineer. Temporary sediment control devices must be installed to the extent possible prior to initiation of grading and excavation. The devices must be maintained at a minimu m of 50% of the original sediment storage capacity and may not be removed until the areas they serve have been stabilized. Temporary erosion control measures shall include, but not be limited to, the use of temporary berms, dikes, drainage ditches, silt b asins, silt ditches, slope drains, structures, stone check dams, vegetation, mulches, mats, netting, gravel, or other necessary methods. Temporary erosion control may include work outside the construction limits. 3.4 The Engineer may limit the area over which excavation, embankment, and grading operations are performed whenever the Contractor's operations are not effectively minimizing erosion and/or siltation. 3.5 All disturbed, non-paved areas shall be seeded and fertilized, mulched, and tacked as soon as practical after cleanup in accordance with the detailed technical specifications therefore. In no case shall a total area of one acre or more be left DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 31 25 00 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N ungrassed for a period of fifeteen (15) days when construction has been completed in the area and per the seeding/stabalization table located on the drawings. 3.6 The Contractor shall take every precaution throughout the life of the project to prevent the pollution of rivers, streams, and water impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, sewage, and other harmful waste shall not be discharged into or alongside rivers, streams, or impoundments, or into natural or manmade channels leading thereto. The Contractor shall also comply with all Federal, State, and local water and air pollution laws. 3.7 Contractor shall maintain all erosion control measures until such time as the appropriate State authority approves and releases the site at which time the Contractor shall remove all erosion control measures as directed by the Engineer. END OF SECTION 31 25 00 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 11 23 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 32 11 23 ± AGGREGATE BASE COURSE PART 1 - GENERAL 1.1 DESCRIPTION OF WORK A. The Contractor shall comply with each and every requirement of this 6HFWLRQ ³$JJUHJDWH %DVH &RXUVH´ requirement in Aggregate Base Course conflicts with any other provision of this Contract, the provisions in Aggregate Base Course shall control. B. Work under this section consists of furnishing all plant, labor, materials, and equipment for the construction of an aggregate base composed of approved aggregate materials hauled to the parking/drive area, placed on the prepared subgrade, compacted, and shaped to conform to the lines, grade, depths, and typical cross-sections indicated on the plans. C. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specification Sections, apply to this Section. 1.2 RELATED WORK IN OTHER SECTIONS A. Earthwork: Section 31 00 00 B. Asphalt Pavement: Section 32 12 16 1.3 QUALITY ASSURANCE The source and type of aggregate base course shall be approved by the Engineer prior to placement. If requested, samples of the materials shall be submitted to the Engineer for approval. PART 2 - PRODUCTS 2.1 Aggregate base course shall consist of crushed stone or crushed gravel and shall conform to the requirements of Section 520 of the N.C. Department of Transportation Standard Specifications for Roads and Structures. 2.2 Asphalt prime coat shall consist of 0.4 to 0.6 gallons per square yard of medium curing asphalt. Prime coat shall be asphalt grade RC-30 meeting the latest AASHTO specifications for that grade. PART 3 - EXECUTION 3.1 HAULING AND PLACING MATERIALS DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 11 23 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N A. The aggregate material shall be placed on the subgrade t o the specified depth and in such a manner as to prevent segregation. Where the required compacted thickness of base is 8 inches or less, the base material may be spread and compacted in one layer. Where the compacted thickness is more than 8 inches, the base material shall be spread and compacted in two or more lifts approximately 4 -6 inches. Each layer of material shall be compacted tested, and approved before placing succeeding layers of base material or pavement. B. No material shall be placed on froze n subgrade or base. Hauling equipment shall not be operated on subgrade or a previously completed layer of base material soft enough to rut or weave beneath the equipment. The maximum speed of trucks traveling over any part of the subgrade or base shall be 20 miles per hour. C. The Contractor shall utilize methods of handling, hauling, and placing material which will minimize segregation and contamination. If segregation occurs, the Engineer may require that changes be made in the Contractor's methods to minimize segregation, and may also require mixing in pace which may be necessary to correct any segregated material. No additional compensation will be allowed for work of in -place mixing as may be required. Aggregate which is contaminated with foreign materials to the extent the base course will not adequately serve its intended use shall be removed and replaced by the Contractor at no additional cost to the Owner regardless of prior acceptance. 3.2 SHAPING AND COMPACTION A. Immediately after the placing of a layer of the base, the Contractor shall begin machining and compacting the layer. Each layer shall be maintained to the required cross-section during compacting and each layer shall be compacted to the required density prior to placing the next layer. Each layer of the base shall be compacted to a density equal to at least 100% of that obtained by compacting a sample of the material in accordance with AASHTO T99. The base material shall be compacted at a moisture content which is approximately that required to produce the maximum density indicated by the above test method. The Contractor shall dry or add mixture to the material when required to provide a uniformly compacted and acceptable base. B. The final layer (or top surface for a single layer) of the base material shall be shaped to conform to the lines, grade, and typical sections shown on the plans or established by the Engineer. When completed, the base course shall be smooth, hard, dense, unyielding, and well bonded. A broom drag shall be used in connection with the final finishing and conditioning of the surface of the base course. After final shaping and compacting of the base, the Engineer will check the surface of the base DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 11 23 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N for conformance to grade and typical section and will determine the ba se thickness. The thickness of the base shall be within a tolerance of plus or minus 1/2 inch of the base thick specified. 3.3 MAINTENANCE Where the base material is placed in a trench section, the Contractor shall provide adequate drainage through the shoulders to protect the subgrade and base until such time as the shoulders are completed. The Contractor shall maintain the surface of the base by watering, machining and rolling or dragging where necessary to prevent damage to the base by weather or traffic . Where the base or subgrade is damaged, the Contractor shall repair the damaged area; reshape the base to the required lines, grades, and typical sections; and recompact the base to the required density at no additional cost to the Owner. 3.4 ASPHALT PRIME COAT An asphalt emulsion prime coat shall be applied to the completed aggregate base course upon acceptance by the Engineer. Application rate shall be 0.4 gallons per square yard, minimum. END OF SECTION DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 12 16 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 32 12 16 - ASPHALT PAVEMENT PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Hot-mix asphalt paving. 2. Hot-mix asphalt overlays. 3. Pavement-marking paint. B. Related Sections include the following: 1. Clearing and Demolition Section 31 10 00 2. Earthwork Section 31 20 00 3. Aggregate Base Course Section 32 11 23 1.2 SYSTEM DESCRIPTION A. Provide hot-mix asphalt pavement according to the materials, workmanship, and other applicable requirements of the standard specifications of the state or of authorities having jurisdiction. 1. Comply with requirements of North Carolina Department of Transportation (NCDOT or DOT). 1.3 SUBMITTALS A. Product Data: For each product specified. Include technical data and tested physical and performance properties. B. Job-Mix Designs: Certification, by DOT, of approval of each job mix proposed for the Work. C. Qualification Data: For firms and persons specified in the "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. D. Material Test Reports: Indicate and interpret test results for compliance of materials with requirements indicated. 1.4 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced installer who has completed hot -mix asphalt paving similar in material, design, and extent to that indicated for this Project and with a record of successful in-service performance. B. Manufacturer Qualifications: Engage a firm experienced in manufacturing hot -mix asphalt similar to that indicated for this Project and with a record of successful in - service performance. C. Regulatory Requirements: Conform to applicable standards of authorities having jurisdiction for asphalt paving work on public property. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 12 16 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N D. Asphalt-Paving Publication: Comply with AI's "The Asphalt Handbook," except where more stringent requirements are indicated. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver pavement-marking materials to Project site in original packages with seals unbroken and bearing manufacturer's labels containing brand name and type of material, date of manufacture, and directions for storage. B. Store pavement-marking materials in a clean, dry, protected location an d within temperature range required by manufacturer. Protect stored materials from direct sunlight. 1.6 PROJECT CONDITIONS A. Environmental Limitations: Do not apply asphalt materials if substrate is wet or excessively damp or if the following conditions are not met: 1. Tack Coats: Minimum surface temperature of 60 deg F. 2. Asphalt Base Course: Minimum surface temperature of 40 deg F and rising at time of placement. 3. Asphalt Surface Course: Minimum surface temperature of 60 deg F at time of placement. B. Pavement-Marking Paint: Proceed with pavement marking only on clean, dry surfaces and at a minimum ambient or surface temperature of 40 deg F for oil-based materials, 50 deg F for water-based materials, and not exceeding 95 deg F. 1. Product specified on the drawings. PART 2 - PRODUCTS 2.1 AGGREGATES A. General: Use materials and gradations that have performed satisfactorily in previous installations. B. Coarse Aggregate: Sound; angular crushed stone; crushed gravel; or properly cured, crushed blast-furnace slag; complying with ASTM D 692. C. Fine Aggregate: Sharp-edged natural sand or sand prepared from stone; gravel, properly cured blast-furnace slag, or combinations thereof; complying with ASTM D 1073. D. Mineral Filler: Rock or slag dust, hydraulic cement, or other inert material complying with ASTM D 242. 2.2 ASPHALT MATERIALS A. Asphalt Cement: ASTM D 3381 for viscosity-graded material; ASTM D 946 for penetration-graded material. B. Tack Coat: ASTM D 977, emulsified asphalt or ASTM D 2397, cationic emulsified asphalt, slow setting, factory diluted in water, of suitable grade and consistency for application. C. Water: Potable. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 12 16 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2.3 AUXILIARY MATERIALS A. Sand: ASTM D 1073, Grade Nos. 2 or 3. B. Pavement-Marking Paint: Alkyd-resin type, ready-mixed, complying with FS TT-P-115, Type I, or AASHTO M-248, Type N. 2.4 MIXES A. Hot-Mix Asphalt: Provide dense, hot-laid, hot-mix asphalt plant mixes approved by authorities having jurisdiction; designed according to procedures in AI's "Mix Design Methods for Asphalt Concrete and Other Hot-Mix Types"; and complying with the following requirements: 1. Provide mixes with a history of satisfactory performance in geographical area where Project is located. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that subgrade is dry and in suitable condition to support paving and imposed loads. B. Proof-roll subbase using heavy, pneumatic-tired rollers to locate areas that are unstable or that require further compaction. C. Notify Architect in writing of any unsatisfactory conditions. Do not begin paving installation until these conditions have been satisfactorily corrected and appro ved by the Architect. 3.2 COLD MILLING A. Clean existing paving surface of loose and deleterious material immediately before cold milling. Remove existing asphalt pavement, including hot -mix asphalt and, as necessary, unbound-aggregate base course, by cold milling to grades and cross sections indicated. 1. Repair or replace curbs, manholes, and other construction damaged during cold milling. 3.3 PATCHING AND REPAIRS A. Patching: Saw cut perimeter of patch and excavate existing pavement section to sound base. Recompact new subgrade. Excavate rectangular or trapezoidal patches, extending 12 inches into adjacent sound pavement, unless otherwise indicated. Cut excavation faces vertically. 1. Tack coat faces of excavation and allow to cure before paving. 2. Fill excavation with dense-graded, hot-mix asphalt base mix and, while still hot, compact flush with adjacent surface. 3. Partially fill excavation with dense-graded, hot-mix asphalt base mix and compact while still hot. Cover asphalt base course with compacted, hot -mix surface layer finished flush with adjacent surfaces. B. Portland Cement Concrete Pavement: Break cracked slabs and roll as required to reseat concrete pieces firmly. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 12 16 - 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 1. Pump hot undersealing asphalt under rocking slabs until slab is stabilized or, if necessary, crack slab into pieces and roll to reseat pieces firmly. 2. Remove disintegrated or badly broken pavement. Prepare and patch with hot -mix asphalt. C. Leveling Course: Install and compact leveling course consisting of dense -graded, hot- mix asphalt surface course to level sags and fill depressions deeper than 1 inch in existing pavements. 1. Install leveling wedges in compacted lifts not exceeding 3 inches thick. D. Crack and Joint Filling: Remove existing filler material from cracks or joints to a depth of 1/4 inch. Refill with asphalt joint-filling material to restore watertight condition. Remove excess filler that has accumulated near cracks or joints. E. Tack Coat: Apply uniformly to existing surfaces of previously constructed asphalt or portland cement concrete paving and to surfaces a butting or projecting into new, hot- mix asphalt pavement. Apply at a uniform rate of 0.05 to 0.15 gal./sq. yd. of surface. 1. Allow tack coat to cure undisturbed before paving. 2. Avoid smearing or staining adjoining surfaces, appurtenances, and surroundings. Remove spillages and clean affected surfaces. 3.4 SURFACE PREPARATION A. General: Immediately before placing asphalt materials, remove loose and deleterious material from substrate surfaces. Ensure that prepared subgrade is ready to receive paving. 1. Sweep loose granular particles from surface of unbound-aggregate base course. Do not dislodge or disturb aggregate embedded in compacted surface of base course. 3.5 HOT-MIX ASPHALT PLACING A. Machine place hot-mix asphalt mix on prepared surface, spread uniformly, and strike off. Place asphalt mix by hand to areas inaccessible to equipment in a manner that prevents segregation of mix. Place each course to required grade, cross section, and thickness, when compacted. 1. Spread mix at minimum temperature of 250 deg F. 2. Begin applying mix along centerline of crown for crowned sections and on high side of one-way slopes, unless otherwise indicated. 3. Regulate paver machine speed to obtain smooth, continuous surface free of pulls and tears in asphalt-paving mat. B. Place paving in consecutive strips not less than 10 feet wide, except where infill edge strips of a lesser width are required. 1. After first strip has been placed and rolled, place succeeding strips and extend rolling to overlap previous strips. Complete asphalt base course for a sectio n before placing asphalt surface course. C. Promptly correct surface irregularities in paving course behind paver. Use suitable hand tools to remove excess material forming high spots. Fill depressions with hot -mix asphalt to prevent segregation of mix; use suitable hand tools to smooth surface. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 12 16 - 5 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3.6 JOINTS A. Construct joints to ensure continuous bond between adjoining paving sections. Construct joints free of depressions with same texture and smoothness as other sections of hot-mix asphalt course. 1. Clean contact surfaces and apply tack coat. 2. Offset longitudinal joints in successive courses a minimum of 6 inches. 3. Offset transverse joints in successive courses a minimum of 24 inches. 4. Construct transverse joints by bulkhead method or sawed vertical face method as described in AI's "The Asphalt Handbook." 5. Compact joints as soon as hot-mix asphalt will bear roller weight without excessive displacement. 6. Compact asphalt at joints to a density within 2 percent of specified course density. 3.7 COMPACTION A. General: Begin compaction as soon as placed hot-mix paving will bear roller weight without excessive displacement. Compact hot-mix paving with hot, hand tampers or vibratory-plate compactors in areas inaccessible to rollers. 1. Complete compaction before mix temperature cools to 185 deg F. B. Breakdown Rolling: Accomplish breakdown or initial rolling immediately after rolling joints and outside edge. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness. Repair surfaces by loosening displaced material, filling with hot-mix asphalt, and rerolling to required elevations. C. Intermediate Rolling: Begin intermediate rolling immediately after breakdown rolling, while hot-mix asphalt is still hot enough to achieve specified density. Continue rolling until hot-mix asphalt course has been uniformly compacted to density meeting DOT requirements. D. Finish Rolling: Finish roll paved surfaces to remove roller marks while hot -mix asphalt is still warm. E. Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while still hot, with back of rake or smooth iron. Compact thoroughly using tamper or other satisfactory method. F. Repairs: Remove paved areas that are defective or contaminated with foreign materials. Remove paving course over area affected and replace with fresh, hot -mix asphalt. Compact by rolling to specified density and surface smoothness. G. Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. H. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked. 3.8 INSTALLATION TOLERANCES A. Thickness: Compact each course to produce, as a minimum, the thickness indicated within the following tolerances: 1. Base Course: Plus 1/2 inch, no minus. 2. Surface Course: Plus 1/4 inch, no minus. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 12 16 - 6 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N B. Surface Smoothness: Compact each course to produce a surface smoothness within the following tolerances as determined by using a 10-foot straightedge applied transversely or longitudinally to paved areas: 1. Base Course: 1/4 inch. 2. Surface Course: 1/8 inch. 3. Crowned Surfaces: Test with crowned template centered and at right angle to crown. Maximum allowable variance from template is 1/4 inch. 3.9 PAVEMENT MARKING A. Do not apply pavement-marking paint until, paint product, layout, colors, and placement have been verified with Architect. B. Allow paving to cure for 30 days 14 days before starting pavement marking unless the paint manufacturer specifies a longer wait time, then the manufacturer recommendation shall be followed. C. Sweep and clean surface to eliminate loose material and dust. D. Apply paint with mechanical equipment to produce pavement markings of dimensions indicated with uniform, straight edges. Apply at manufacturer's recommended rates to provide a minimum wet film thickness of 15 mils. 3.10 FIELD QUALITY CONTROL A. Testing Agency: Contractor will use Engineer approved NCDOT certified testing personnel or employ a qualified independent testing agency, at no additional cost to the Owner as part of base bid work, to perform field investigations and test and to prepare test reports. 1. &RQWUDFWRU¶VDSSURYHGSHUVRQQHORU7HVWLQJ terpret tests and state in each report whether tested Work complies with or deviates from specified requirements. 2. Test reports shall be supplied to the Engineer within 7 days of said testing. B. All testing shall follow NCDOT Standards and Specifications and any other requirements specific to the project driveway permit. C. Additional testing, at Contractor's expense, will be performed to determine compliance of corrected Work with specified requirements. 1. Engineer is to be notified within 24 hours of failing tests. D. Thickness: In-place compacted thickness of hot-mix asphalt courses will be determined according to ASTM D 3549. E. Surface Smoothness: Finished surface of each hot-mix asphalt course will be tested for compliance with smoothness tolerances. F. In-Place Density: Samples of uncompacted paving mixtures and compacted pavement will be secured by testing agency according to DOT requirements. 1. In-place density of compacted pavement will be determined by testing core samples according to ASTM D 1188 or ASTM D 2726. a. One core sample will be taken for every 1000 sq. yd. or less of installed pavement, but in no case will fewer than 3 cores be taken. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 12 16 - 7 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N b. Field density of in-place compacted pavement may also be determined by nuclear method according to ASTM D 2950 and correlated with ASTM D 1188 or ASTM D 2726. G. Remove and replace or install additional hot-mix asphalt where test results or measurements indicate that it does not comply with specified requirements. END OF SECTION 32 12 16 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 13 13 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 32 13 13 ± CEMENT CONCRETE PAVEMENT PART 1 - GENERAL 1.1 SUMMARY A. This Section includes exterior cement concrete pavement for the following: 1. Roll off pads. 2. Sidewalks 3. Concrete paved approach aprons or unloading areas. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Design Mixtures: For each concrete pavement mixture. 1.3 Related Requirements: A. Cast-In-Place Concrete: Section 03 30 00 1.4 QUALITY ASSURANCE A. Manufacturer Qualifications: Manufacturer of ready-mixed concrete products who complies with ASTM C 94/C 94M requirements for production facilities and equipment. B. ACI Publications: Comply with ACI 301, "Specification for Structural Concrete," unless modified by requirements in the Contract Documents. PART 2 - PRODUCTS 2.1 STEEL REINFORCEMENT A. Plain-Steel Welded Wire Reinforcement: ASTM A 185, fabricated from as- drawn steel wire into flat sheets. B. Deformed-Steel Welded Wire Reinforcement: ASTM A 497, flat sheet. C. Reinforcing Bars: ASTM A 615/A 615M, Grade 60; deformed. D. Plain Steel Wire: ASTM A 82, as drawn. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 13 13 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N E. Deformed-Steel Wire: ASTM A 496. F. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars, welded wire reinforcement, and dowels in place. Manufacture bar supports according to CRSI's "Manual of Standard Practice." 2.2 CONCRETE MATERIALS A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source throughout the Project: 1. Portland Cement: ASTM C 150, Type I, gray. B. Normal-Weight Aggregates: ASTM C 33, Class 4S coarse aggregate, uniformly graded. Provide aggregates from a single source. C. Water: ASTM C 94/C 94M. D. Air-Entraining Admixture: ASTM C 260. E. Chemical Admixtures: ASTM C 494/C 494M, of type suitable for application, certified by manufacturer to be compatible with other admixtures and to contain not more than 0.1 percent water-soluble chloride ions by mass of cementitious material. 2.3 CURING MATERIALS A. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth. B. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap- polyethylene sheet. C. Water: Potable. D. Evaporation Retarder: Waterborne, monomolecular film forming; manufactured for application to fresh concrete. E. Clear Waterborne Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B, dissipating. F. White Waterborne Membrane-Forming Curing Compound: ASTM C 309, Type 2, Class B. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 13 13 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2.4 RELATED MATERIALS A. Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber or ASTM D 1752, cork or self-expanding cork. B. Color Pigment: ASTM C 979, synthetic mineral-oxide pigments or colored water-reducing admixtures; color stable, free of carbon black, nonfading, and resistant to lime and other alkalis. C. Slip-Resistive Aggregate Finish: Factory-graded, packaged, rustproof, nonglazing, abrasive aggregate of fused aluminum -oxide granules or crushed emery with emery aggregate containing not less than 50 percent aluminum oxide and not less than 20 percent ferric oxide; unaffected by freezing, moisture, and cleaning materials. 2.5 CONCRETE MIXTURES A. Prepare design mixtures, proportioned according to ACI 301, with the following properties: 1. See Site Structural Drawings 2.6 CONCRETE MIXING A. Ready-Mixed Concrete: Measure, batch, and mix concrete materials and concrete according to ASTM C 94/C 94M. Furnish batch certificates for each batch discharged and used in the Work. PART 3 - EXECUTION 3.1 EXAMINATION A. Proof-roll prepared subbase surface below concrete pavements with heavy pneumatic-tired equipment to identify soft pockets and areas of excess yielding. 3.2 EDGE FORMS AND SCREED CONSTRUCTION A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides for pavement to required lines, grades, and elevations. Install forms to allow continuous progress of work and so forms can remain in place at least 24 hours after concrete placement. B. Clean forms after each use and coat with form-release agent to ensure separation from concrete without damage. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 13 13 - 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3.3 STEEL REINFORCEMENT A. General: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. 3.4 JOINTS A. General: Form construction, isolation, and contraction joints and tool edgings true to line with faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to centerline, unless otherwise indicated. B. Construction Joints: Set construction joints at side an d end terminations of pavement and at locations where pavement operations are stopped for more than one-half hour unless pavement terminates at isolation joints. C. Isolation Joints: Form isolation joints of preformed joint-filler strips abutting concrete curbs, catch basins, manholes, inlets, structures, walks, other fixed objects, and where indicated. D. Contraction Joints: Form weakened-plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of the concrete thickness to match jointing of existing adjacent concrete pavement. E. Edging: Tool edges of pavement, gutters, curbs, and joints in concrete after initial floating with an edging tool to a 3/8-inch radius. Repeat tooling of edges after applying surface finishes. Eliminate tool marks on concrete surfaces. 3.5 CONCRETE PLACEMENT A. Moisten subbase to provide a uniform dampened condition at time concrete is placed. B. Comply with ACI 301 requirements for measuring, mixing, transporting, and placing concrete. C. Deposit and spread concrete in a continuous operation between transverse joints. Do not push or drag concrete into place or use vibrators to move concrete into place. D. Screed pavement surfaces with a straightedge and strike off. E. Commence initial floating using bull floats or darbies to impart an open textured and uniform surface plane before excess moisture or bleed water appears on DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 13 13 - 5 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N the surface. Do not further disturb concrete surfaces before beginning finishing operations or spreading surface treatments. 3.6 FLOAT FINISHING A. General: Do not add water to concrete surfaces during finishing operations. B. Float Finish: Begin the second floating operation when bleed-water sheen has disappeared and concrete surface has stiffened sufficiently to permit operations. Float surface with power-driven floats, or by hand floating if area is small or inaccessible to power units. Finish surfaces to true planes. Cut down high spots and fill low spots. Refloat surface immediately to uniform granular texture. 1. Medium-to-Coarse-Textured Broom Finish: Provide a coarse finish by striating float-finished concrete surface 1/16 to 1/8 inch deep with a stiff- bristled broom, perpendicular to line of traffic. C. Slip-Resistive Aggregate Finish: Before final floating, spread slip -resistive aggregate finish on pavement surface according to manufacturer's written instructions. 1. Cure concrete with curing compound recommended by slip-resistive aggregate manufacturer. Apply curing compound immediately after final finishing. 2. After curing, lightly work surface with a steel wire brush or abrasive stone and water to expose nonslip aggregate. 3.7 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. B. Comply with ACI 306.1 for cold-weather protection. C. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. D. Begin curing after finishing concrete but not before free water has disappeared from concrete surface. E. Curing Methods: Cure concrete by moisture curing. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 13 13 - 6 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3.8 PAVEMENT TOLERANCES A. Comply with tolerances of ACI 117 and as follows: 1. Elevation: 1/4 inch. 2. Thickness: Plus 3/8 inch, minus 1/4 inch. 3. Surface: Gap below 10-foot- long, unleveled straightedge not to exceed 1/4 inch. 4. Joint Spacing: 3 inches. 5. Contraction Joint Depth: Plus 1/4 inch, no minus. 6. Joint Width: Plus 1/8 inch, no minus. 3.9 REPAIRS AND PROTECTION A. Remove and replace concrete pavement that is broken, damaged, or defective or that does not comply with requirements in this Section. B. Protect concrete from damage. Exclude traffic from pavement for at least 14 days after placement. C. Maintain concrete pavement free of stains, discoloration, dirt, and other foreign material. Sweep concrete pavement not more than two days before date scheduled for Substantial Completion inspections. END OF SECTION 32 13 13 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 13 73 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 32 13 73 ± PAVEMENT JOINT SEALANTS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Expansion and contraction joints within cement concrete pavement. 2. Joints between cement concrete and asphalt pavement. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples: For each type and color of joint sealant required. C. Product certificates. D. Compatibility and Adhesion Test Reports: From sealant manufacturer. 1.3 QUALITY ASSURANCE A. Preconstruction Compatibility and Adhesion Testing: Submit sample s of materials that will contact or affect joint sealants to joint-sealant manufacturers for testing according to ASTM C 1087 to determine whether priming and other specific joint preparation techniques are required to obtain rapid, optimum adhesion of joint sealants to joint substrates. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Products: Subject to compliance with requirements, provide one of the products listed in other Part 2 articles. 2.2 MATERIALS, GENERAL A. Compatibility: Provide joint sealants, backing materials, and other related materials that are compatible with one another and with joint substrates under DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 13 73 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N conditions of service and application, as demonstrated by joint -sealant manufacturer based on testing and field experience. 1. Primers: Product recommended by joint-sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint-sealant-substrate tests and field tests. B. Colors of Exposed Joint Sealants: As indicated by manufacturer's designations. 2.3 COLD-APPLIED JOINT SEALANTS A. Type NS Silicone Sealant for Concrete: Single-component, low-modulus, neutral-curing, nonsag silicone sealant complying with ASTM D 5893 for Type NS. 1. Available Products: a. Crafco Inc.; RoadSaver Silicone. b. Dow Corning Corporation; 888. B. Type SL Silicone Sealant for Concrete and Asphalt: Single-component, low- modulus, neutral-curing, self-leveling silicone sealant complying with ASTM D 5893 for Type SL. 1. Available Products: a. Crafco Inc.; RoadSaver Silicone SL. b. Dow Corning Corporation; 890-SL. 2.4 HOT-APPLIED JOINT SEALANTS A. Elastomeric Sealant for Concrete: Single-component formulation complying with ASTM D 3406. 1. Products: a. Crafco Inc.; Superseal 444/777. b. Meadows, W. R., Inc.; Poly-Jet 3406. B. Sealant for Concrete and Asphalt: Single -component formulation complying with ASTM D 3405. 1. Products: a. Koch Materials Company; Product No. 9005. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 13 73 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N b. Koch Materials Company; Product No. 9030. c. Meadows, W. R., Inc.; Sealtight Hi-Spec. 2.5 JOINT-SEALANT BACKER MATERIALS A. General: Provide joint-sealant backer materials that are nonstaining; are compatible with joint substrates, sealants, primers, and other joint fillers; and are approved for applications indicated by joint-sealant manufacturer based on field experience and laboratory testing. B. Round Backer Rods for Cold- and Hot-Applied Sealants: ASTM D 5249, Type 1, of diameter and density required to control sealant depth and prevent bottom-side adhesion of sealant. C. Backer Strips for Cold- and Hot-Applied Sealants: ASTM D 5249; Type 2; of thickness and width required to control sealant depth, prevent bottom -side adhesion of sealant, and fill remainder of joint opening under sealant. D. Round Backer Rods for Cold-Applied Sealants: ASTM D 5249, Type 3, of diameter and density required to control sealant depth and prevent bottom-side adhesion of sealant. PART 3 - EXECUTION 3.1 INSTALLATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint-sealant manufacturer's written instructions. B. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. C. Install backer materials to support sealants during application and at position required to produce optimum sealant movement capability. Do not leave gaps between ends of backer materials. Do not stretch, twist, puncture, or tear backer materials. Remove absorbent backer materials that have become wet before sealant application and replace them with dry materials. D. Install sealants at the same time backings are installed to completely fill recesses provided for each joint configuration and to produce uniform, cross - sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 13 73 - 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N E. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. F. Clean off excess sealants or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved by manufacturers of joint sealants and of products in which joints occur. END OF SECTION 32 13 73 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 31 13- 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 32 31 13 ± CHAIN-LINK FENCES AND GATES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Chain-Link Fences: Industrial. 2. Gates: Swing. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: Show locations, components, materials, dimensions, sizes, weights, and finishes of components. Include plans, gate elevatio ns, sections, details of post anchorage, attachment, bracing, and other required installation and operational clearances. C. Samples: 1. Polymer-coated steel wire for fabric. 2. Polymer coating on framing and accessories. D. Maintenance Data: For polymer finishes. 1.3 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. UL Standard: Provide gate operators that comply with UL 325. C. Emergency Access Requirements: Comply with requirements of authorities having jurisdiction for automatic gate operators serving as a required means of access. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 31 13- 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N PART 2 - PRODUCTS 2.1 CHAIN-LINK FENCE FABRIC A. General: Height indicated on Drawings. Comply with ASTM A 392, CLFMI CLF 2445, and requirements indicated below: 1. Steel Wire Fabric: Metallic-coated wire 9 gauge (0.148 inch diameter). a. Mesh Size: 2- inches. b. Metallic (Zinc) Coating: ASTM A 392, Type II. 2.2 INDUSTRIAL FENCE FRAMING A. Posts and Rails: Comply with ASTM F 1043 for framing, ASTM F 1083 for Group IC round pipe, and the following: 1. Group: IA, round steel pipe, Schedule 40. 2. Fence Height: 6 feet (1.83 m). 3. Strength Requirement: Heavy industrial according to ASTM F 1043. 4. Coating for Steel Framing: a. Metallic coating. 2.3 TENSION WIRE A. General: Provide horizontal tension wire at top and bottom of fence fabric. B. Metallic-Coated Steel Wire: 0.177-inch- (4.5-mm-) diameter, marcelled tension wire complying with ASTM A 817 and ASTM A 824. 1. Metallic Coating: Type III, Zn-5-Al-MM alloy. 2.4 INDUSTRIAL SWING GATES A. General: Comply with ASTM F 900 for double swing gate types. 1. Metal Pipe and Tubing: Galvanized steel. Comply with ASTM F 1083 and ASTM F 1043 for materials and protective coatings. B. Frames and Bracing: Fabricate members from round, galvanized steel tubing with outside dimension and weight according to ASTM F 900 and the following: 1. Gate Fabric Height: 2 inches (50 mm) less than adjacent fence height. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 31 13- 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2. Leaf Width: 36 inches (914 mm). 3. Frame Members: a. Tubular Steel: 1.90 inches (48 mm) round. C. Frame Corner Construction: 1. Welded or assembled with corner fittings and 5/16-inch- (7.9-mm-) diameter, adjustable truss rods for panels 5 feet (1.52 m) wide or wider. D. Extended Gate Posts and Frame Members: Extend gate posts and frame end members above top of chain-link fabric at both ends of gate frame 12 inches (300 mm) as required to attach barbed wire assemblies. E. Hardware: Latches permitting operation from both sides of gate, hinges, and keepers for each gate leaf more than 5 feet (1.52 m) wide. Fabricate latches with integral eye openings for padlocking; padlock accessible from both sides of gate. 2.5 FITTINGS A. General: Comply with ASTM F 626. B. Finish: 1. Metallic Coating for Pressed Steel or Cast Iron: Not less than 1.2 oz. /sq. ft. (366 g /sq. m) zinc. 2. Aluminum: Mill finish. 2.6 BARBED WIRE A. Zinc-Coated Steel Barbed Wire: Comply with ASTM A 121; 2-point round barbs spaced not more than 5 inches (127 mm) o.c. 2.7 CAST-IN-PLACE CONCRETE A. Materials: Portland cement complying with ASTM C 150, Type I aggregates complying with ASTM C 33, and potable water. 1. Concrete Mixes: Normal-weight concrete air entrained with not less than 3000-psi (20.7- MPa) compressive strength (28 days), 3-inch (75-mm) slump, and 1-inch (25-mm) maximum size aggregate. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 31 13- 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N PART 3 - EXECUTION 3.1 INSTALLATION A. General: Install chain-link fencing to comply with ASTM F 567 and more stringent requirements specified. B. Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in firm, undisturbed soil. C. Post Setting: Set posts in concrete at indicated spacing into firm, undisturbed soil. 1. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp for consolidation. Protect aboveground portion of posts from concrete splatter. 2. Mechanically Driven Posts: Drive into soil to depth of 36 inches (914 mm). Protect post top to prevent distortion. D. Terminal Posts: Locate terminal end, corner, and gate posts per ASTM F 567 and terminal pull posts at changes in horizontal or vertical alignment. E. Line Posts: Space line posts uniformly at 10 feet (3 m) o.c. F. Post Bracing and Intermediate Rails: Install according to ASTM F 567. Install braces at end and gate posts and at both sides of corner and pull posts. G. Tension Wire: Install according to ASTM F 567, maintaining plumb position and alignment of fencing. H. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 1 inch (25.4 mm) between finish grade or surface and bottom selvage, unless otherwise indicated. I. Tie Wires: Attach wire per ASTM F 626. Bend ends of wire to minimize hazard to individuals and clothing. J. Fasteners: Install nuts for tension bands and carriage bolts on the side of the fence opposite the fabric side. Peen ends of bolts or score threads to prevent removal of nuts. K. Barbed Wire: Uniformly spaced, angled toward security side of fence. Pull wire taut and install securely to extension arms and secure to end post or terminal arms. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 31 13- 5 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3.2 GATE INSTALLATION A. Install gates according to manufacturer's written instructions, level, plumb, and secure for full opening without interference. Attach fabric as for fencing. Attach hardware using tamper-resistant or concealed means. Install ground-set items in concrete for anchorage. Adjust hardware for smooth operation and lubricate where necessary. END OF SECTION 32 31 13 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 92 00 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 32 92 00 ± TURF AND GRASSES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Temporary lawns and grasses for erosion control. 2. Fine grading and preparing lawn areas. 3. Furnishing incidental topsoil. 4. Furnishing and applying soil amendments. 5. Furnishing and applying fertilizers. 6. Seeding new lawns. 7. Reconditioning existing lawn areas. 8. Replanting unsatisfactory or damaged lawns. B. Related Sections: The following Sections contain requirements that relate to this Sec- tion: 1. 'LYLVLRQ6HFWLRQ³7HPSRUDU\(URVLRQDQG6HGLPHQW&RQWURO´ including seeding of stockpiled and disturbed earth. 2. Division 6HFWLRQ³(DUWKZRUNIRUH[FDYDWLRQILOOL of topsoil, and subsurface aggregate drainage and drainage backfill. 1.2 SUBMITTALS A. Certification of grass seed from seed vendor for each grass-seed mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. B. Qualification data for firms and persons specified in the "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and address of architects and owners, and oth- er information specified. C. Material test reports from qualified independent testing agency indicating and inter- preting test results relative to compliance of the following materials with requirements indicated. 1. Analysis of existing surface soil. 2. Analysis of imported topsoil. D. Planting schedule indicating anticipated dates and locations for each type of planting. E. Submit delivery tickets for bulk soil amendments, showing project name and address, source, quantity, and date of delivery. F. Maintenance instructions recommending procedures to be established by Owner for maintenance of landscaping during an entire year. Submit before expiration of re- quired maintenance periods. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 92 00 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 1. [Include special instructions for sprig-planted lawns. 1.3 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced Installer who has completed land- scaping work similar in material, design, and extent to that indicated for this Project and with a record of successful grass establishment. 1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on the Project site during times that grass planting is in progress. B. Topsoil Analysis: Furnish a soil analysis made by a qualified independent soil -testing agency stating percentages of organic matter, inorganic matter (silt, clay, and sand), deleterious material, pH, and mineral and plant-nutrient content of topsoil. 1. Report suitability of topsoil for lawn growth. State recommended quantities of ni- trogen, phosphorus, and potash nutrients and any limestone, aluminum sulfate, or other soil amendments to be added to produce a sati sfactory topsoil. C. Preinstallation Conference: Conduct conference at Project site to comply with re- quirements. 1.4 DELIVERY, STORAGE, AND HANDLING A. Seed: Deliver seed in original sealed, labeled, and undamaged containers. 1.5 COORDINATION AND SCHEDULING A. Planting Season: Sow lawn seed during normal planting seasons for type of lawn work required. Correlate planting with specified maintenance periods to provide re- quired maintenance from date of Substantial Completion. 1. Proceed with and complete grassing work as portions of the site become availa- ble, working within seasonal limitations for each kind of grassing work required. a. Plant areas greater than 5 acres in size within 2 weeks o f availability. B. Weather Limitations: Proceed with planting only when existing and forecast weather conditions are suitable for work. 1.6 MAINTENANCE A. Begin maintenance of lawns immediately after each area is planted and continue until acceptable lawn is established, but for not less than the following periods: 1. Seeded Lawns: 60 days after date of Substantial Completion. a. When full maintenance period has not elapsed before end of planting season, or if lawn is not fully established at that time, continue maintenance during next planting season. B. Maintain and establish lawns by watering, fertilizing, weeding, mowing, trimming, re- planting, and other operations. Roll, re-grade, and replant bare or eroded areas and re-mulch to produce a uniformly smooth lawn. 1. Replant bare areas with same materials specified for lawns. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 92 00 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2. Add new mulch in areas where mulch has been disturbed by wind or maintenance operations sufficiently to nullify its purpose. Anchor as required to prevent dis- placement. C. Watering: Provide and maintain temporary piping, hoses, and lawn-watering equip- ment to convey water from sources and to keep lawns uniformly moist to a depth of 4 inches. 1. Water lawn at the minimum rate of 1 inch per week. D. Mow lawns as soon as there is enough top growth to cut with mower set at specified height for principal species planted. Repeat mowing as required to maintain specified height without cutting more than 40 percent of the grass height. Remove no more than 40 percent of grass-leaf growth in initial or subsequent mowings. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. Schedule initial and subsequent mowings to maintain following grass height: 1. Maintain grass at 3 inch high. 2. Mow grass when grass exceeds 4 inch high. 3. If grass exceeds 4-1/2 inch high, mow grass removing maximum of 1-1/2 inch. Al- low grass to recover for minimum 4 days, and mow again. Repeat as required until grass is maintained at required 3 inch height. 4. If grass exceeds 8 inch high, till grass under and reseed. E. Postfertilization: Apply fertilizer to lawn after first mowing and when grass is dry. 1. Use fertilizer that will provide actual nitrogen of at least 1 lb per 1000 sq. ft. of lawn area. F. Weed Control: Contractor is responsible for control of weed growth. PART 2 - PRODUCTS 2.1 SEED A. Grass Seed: Fresh, clean, dry, Blue-Tag certified seed complying with the Official Crop Certifying Agency of North Carolina. 1. Seed Mixture: Provide seed of grass species and varieties, proportions by weight, and minimum percentages of purity, germination, and maximum percentage of weed seed as indicated on Schedules at the end of this Section. 2.2 TOPSOIL A. ASTM D 5268, pH range of 5.5 to 7, 4 percent organic material minimum, free of stones 1 inch or larger in any dimension, and other extraneous materials harmful to plant growth. 1. Topsoil Source: Reuse surface soil stockpiled on the site. Verify suitability of sur- face soil to produce topsoil meeting requirements and amend when necessary. Supplement with imported topsoil when quantities are insufficient. Clean topsoil of DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 92 00 - 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N roots, plants, sods, stones, clay lumps, and other extraneous materials harmful to plant growth. 2.3 SOIL AMENDMENTS A. Lime: ASTM C 602, Class T, agricultural limestone containing a minimum 80 percent calcium carbonate equivalent, with a minimum 99 percent passing a No. 8 sieve and a minimum 75 percent passing a No. 60 sieve. 1. Provide lime in the form of dolomitic limestone. 2. Composition: 90 lb per 1000 sq. ft. unless soils testing indicates otherwise. B. Water: Potable. C. Aluminum Sulfate: Commercial grade, unadulterated. D. Sand: Clean, washed, natural or manufactured sand, free of toxic materials. E. Perlite: Horticultural perlite, soil amendment grade. F. Peat Humus: Finely divided or granular texture, with a pH range of 6 to 7.5, composed of partially decomposed moss peat (other than sphagnum), peat humus, or reed - sedge peat. G. Manure: Well-rotted, unleached stable or cattle manure containing not more than 25 percent by volume of straw, sawdust, or other bedding materials; free of toxic sub- stances, stones, sticks, soil, weed seed, and material harmful to plant growth. H. Herbicides: EPA registered and approved, of type recommended by manufacturer. 2.4 FERTILIZER A. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, con- sisting of fast- and slow-release nitrogen, 50 percent derived from natural organic sources of urea-form, phosphorous, and potassium in the following composition: 1. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil-testing agency. B. Slow-Release Fertilizer: Granular fertilizer consisting of 50 percent water-insoluble ni- trogen, phosphorus, and potassium in the following composition: 1. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil-testing agency. 2.5 MULCHES A. Straw Mulch: Provide air-dry, clean, mildew- and seed-free, salt hay or threshed straw of wheat, rye, oats, or barley. B. Fiber Mulch: Biodegradable dyed-wood cellulose-fiber mulch, nontoxic, free of plant growth- or germination-inhibitors, with maximum moisture content of 15 percent and a pH range of 4.5 to 6.5. C. Asphalt Emulsion Tackifier: Asphalt emulsion, ASTM D 977, Grade SS-1, nontoxic and free of plant growth- or germination-inhibitors. Use on slopes with straw mulch exceeding 3:1. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 92 00 - 5 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 1. Use rapid setting tack in pedestrian traffic areas. D. Non-asphaltic Tackifier: Colloidal tackifier recommended by fiber-mulch manufacturer for slurry application, nontoxic and free of plant growth- or germination-inhibitors. PART 3 - EXECUTION 3.1 TEMPORARY VEGETATIVE COVER FOR EROSION CONTROL A. Grade areas to be seeded as necessary to establish stability, prevent erosion, and to provide maintenance of temporary vegetative cover during the course of construction. B. Seed areas as required by Seed Mixtures Schedule at end of this Section. C. Maintenance: Maintain temporary vegetative cover by fertilizing, mowing, irrigation, repair of planting failures, and other necessary means for the required duration . 1. Maintain temporary vegetative cover at maximum 6 inch height. 3.2 EXAMINATION A. Examine areas to receive lawns and grass for compliance with requirements and for conditions affecting performance of work of this Section. Do not proceed with installa- tion until unsatisfactory conditions have been corrected. 1. Verify depth of topsoil at 4 inch minimum throughout area to receive seed. 2. Report deficient conditions in writing to Architect. 3.3 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilit ies, trees, shrubs, and plantings from damage caused by planting operations. 1. Protect adjacent and adjoining areas from hydroseed overspraying. B. Provide erosion-control measures to prevent erosion or displacement of soils and dis- charge of soil-bearing water runoff or airborne dust to adjacent properties and walk- ways. 3.4 PLANTING SOIL PREPARATION A. Limit subgrade preparation to areas that will be planted in the immediate future. B. Loosen subgrade to a minimum depth of 4 inches. Remove stones larger than 1 inch- es in any dimension and sticks, roots, rubbish, and other extraneous matter. C. Mix soil amendments and fertilizers with topsoil at rates indicated. Delay mixing ferti- lizer if planting does not follow placing of planting soil within a few days. Either mix soil before spreading or apply soil amendments on surface of spread topsoil and mix thoroughly into top 4 inches of topsoil before planting. 1. A "Planting Soil Amendments Schedule" is included at the end of this Section. 2. Mix one ton of lime per acre with dry soil prior to mixing fertilizer. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 92 00 - 6 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N D. Spread planting soil mixture to depth required to meet thickness, grades, and eleva- tions shown, after light rolling and natural settlement. Do not spread if planting soil or subgrade is frozen. E. Preparation of Unchanged Grades: Where lawns are to be planted in areas unaltered or undisturbed by excavating, grading, or surface soil stripping operations, prepare soil as follows: 1. Apply weed killer two (2) weeks prior to removing existing cover. 2. Remove and dispose of existing grass, vegetation, and turf. Do not turn over into soil being prepared for lawns. 3. Till surface soil to a depth of at least 6 inches. Apply required soil amendments and initial fertilizers and mix thoroughly into top 4 inches of soil. Trim high areas and fill in depressions. Till soil to a homogenous mixture of fine texture. 4. Clean surface soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth. 5. Remove waste material, including grass, vegetation, and turf, and legally dispose of it off the Owner's property. F. Finish grade lawn and grass areas to a smooth, even surface with loose, uniformly fi- ne texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be planted in the immediate future. Remove trash, debris, stones larger than 1 inches in any dimension, and other objects that may inter- fere with planting or maintenance operations. G. Moisten prepared lawn areas before planting when soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. H. Restore prepared areas if eroded or otherwise disturbed after fine grading and before planting. 3.5 SEEDING NEW LAWNS A. Sow seed with a spreader or a seeding machine. Do not broadcast or drop seed when wind velocity exceeds 5 mph. Evenly distribute seed by sowing equal quantities in 2 directions at right angles to each other. 1. Do not use wet seed or seed that is moldy or otherwise damaged in transit or stor- age. 2. Sow seed at the indicated in the planting schedules at the end of Part 3. B. Rake seed lightly into top 1/8 inch of topsoil, roll lightly, and water with fine spray. C. Protect seeded slopes exceeding 1:3 against erosion with erosion -control blankets in- stalled and stapled according to manufacturer's recommendations. D. Mulch seeded areas by spreading straw mulch after completion of seeding opera- tions. Spread uniformly at a minimum rate of 2 tons per acre to form a continuous blanket 1-1/2 inches loose depth over seeded areas. Spread by hand, blower, or other suitable equipment. 1. Anchor straw mulch by spraying with asphalt-emulsion tackifier at the rate of 10 to 13 gal. per 1000 sq. Take precautions to prevent damage or staining of structures DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 92 00 - 7 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N or other plantings adjacent to mulched areas. Immediately clean damaged or stained areas. E. Protect seeded areas against hot, dry weather or drying winds by applying peat mulch within 24 hours after completion of seeding operations. Soak and scatter uniformly to a depth of 3/16 inch thick and roll to a smooth surface. 3.6 HYDROSEEDING NEW LAWNS A. Hydroseeding: Mix specified seed, fertilizer, and fiber mulch in water, using equipment specifically designed for hydroseed application. Continue mixing until un iformly blend- ed into homogenous slurry suitable for hydraulic application. 1. Mix slurry with nonasphaltic tackifier. 2. Apply slurry uniformly to all areas to be seeded in a 2 -step process. Apply first slurry application at the minimum rate of 500 lb per acre dry weight but not less than the rate required to obtain specified seed-sowing rate. Apply slurry cover coat of fiber mulch at a rate of 1000 lb per acre. 3.7 RECONDITIONING LAWNS A. Recondition all existing lawn areas indicated. B. Where substantial existing lawn remains, mow, dethatch, core aerate, and rake. Re- move weeds before seeding. Where weeds are extensive, apply selective herbicides as required. Do not use pre-emergence herbicides. C. Remove waste and foreign materials, including weeds, grass, vegetation, and tu rf, and legally dispose of it off the Owner's property. D. Till stripped, bare, and compacted areas thoroughly to a depth of 6 inches. E. Apply required soil amendments and initial fertilizers. Provide new planting soil as re- quired to fill low spots and meet new finish grades. F. Apply seed using seed drilling method, and protect with straw mulch as required for new lawns. G. Water newly planted areas and keep moist until new grass is established. 3.8 SATISFACTORY LAWN A. Seeded lawns will be satisfactory provided requirement s, including maintenance, have been met and a healthy, uniform, close stand of grass is established, free of weeds, bare spots exceeding 5 by 5 inches, and surface irregularities. B. Replant lawns that do not meet requirements and continue maintenance until l awns are satisfactory. C. Lawn must be guaranteed for a full growing season. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 92 00 - 8 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3.9 FIELD QUALITY CONTROL A. Contractor will employ a qualified independent testing agency to perform soil tests on topsoil and base soil after site has been fine graded and prior to seedin g. Soil labora- tory will analyze soil and recommend soil amendments needed. 1. Contractor must amend soil with types and quantities of amendments recom- mended. 2. Following soil amendment application, testing laboratory will again perform soil tests to verify proper application. B. Submit preliminary and final testing reports. 1. Soil test parameters are given in the schedule following Part 3. C. &RQWUDFWRU¶V testing agency will test topsoil distribution for minimum depth require- ment. 1. Contractor shall supply suitable topsoil to supplement topsoil distributed if mini- mum depth does not meet requirements. 2. Testing agency will verify soil depth and proper soil amendments meet specifica- tions prior to seeding. 3.10 CLEANUP AND PROTECTION A. Promptly remove soil and debris created by lawn work from paved areas. Clean wheels of vehicles before leaving site to avoid tracking soil onto surface of roads, walks, or other paved areas. B. Erect barricades and warning signs as required to protect newly planted areas from traffic. Maintain barricades throughout maintenance period until lawn is established. 3.11 OWNER MAINTENANCE INSTRUCTION A. 3URYLGHLQVWUXFWLRQWR2ZQHU¶VSHUVRQQHORQSU 1. Provide written instructions and demonstration of proper watering, mowing, and fertilizing techniques. 3.12 PLANTING SOIL AMENDMENTS SCHEDULE A. Lawns: Provide soil amendments required to provide planting medium within the fol- lowing parameters: 1. Soil pH range: 5.8 ± 6.2. 2. Phosphorus index of 50; equivalent to 60 ppm P (137 ppm P2O5). 3. Potassium index of 50, equivalent to 100 ppm K (120 ppm K2O). 4. Calcium equivalent to 40 ± 60 percent of Cation Exchange Capacity (CEC) (Ca% = (Ca/CEC). 5. Magnesium equivalent to 8 ± 15 percent of CEC (Mg% = (Mg/CEC). 6. Base Sat equivalent to 60 ± 80 percent of CEC (BS% = ((Ca + Mg + K)/CEC). 7. Manganese Index Mn-I 25 equivalent to 4.0 ppm. 8. Zinc Index Zn-I 25 equivalent to 1.0 ppm Zn. 9. Copper Index Cu-I 25 equivalent to 0.5 ppm Cu. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 92 00 - 9 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3.13 SEED MIXTURES SCHEDULE A. Temporary Vegetative Cover Seed Mixture: Provide grass-seed blends or mixes, pro- portioned by weight, at rate of 3 lb. per 1000 sq. ft., as follows: Proportion Name Min. Pct. Germination Min. Pct. Pure Seed Max. Pct. Weed Seed 100 pct. Fall and spring: Turf-type tall fescue 80 85 0.50 50 pct. 50 pct. Winter: Turf-type tall fescue Annual ryegrass 80 85 0.50 50 pct. 50 pct. Summer: Turf-type tall fescue German millet 80 85 0.50 B. Lawn Seed Mixture: Provide Blue-Tag certified grass-seed blends or mixes, propor- tioned by weight, at rate of 8 lb. per 1000 sq. ft., as fol lows: Proportion Name Min. Pct. Germination Min. Pct. Pure Seed Max. Pct. Weed Seed 60 pct. Drought-tolerant, turf type, tall fescue blend of the following 3 types of fescue: Trailblazer II Tall Fescue, Stetson Tall Fescue, and Lancer Tall Fescue. 80 85 0.50 40 pct. Tifway 419 Bermuda Grass 80 85 0.50 C. Steep Slope Seed Mixture: Provide Blue -Tag certified grass-seed, proportioned by weight, at a rate of 8 pounds per 1000 square feet, as follows: Proportion Name Min. Pct. Germination Min. Pct. Pure Seed Max. Pct. Weed Seed 90 pct. Tifblair 80 85 0.50 10 pct. Perennial Rye Grass 80 85 0.50 END OF SECTION 32 92 00 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 93 00 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 32 93 00 ± EXTERIOR PLANTS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Trees. 2. Shrubs. 3. Ground cover. 1.2 DEFINITIONS A. Finish Grade: Elevation of finished surface of planting soil. B. Manufactured Topsoil: Soil produced off-site by homogeneously blending mineral soils or sand with stabilized organic soil amendments to produce topsoil or planting soil. C. Planting Soil: Native or imported topsoil, manufactured topsoil, or surface soil modified to become topsoil; mixed with soil amendments. D. Subgrade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil. 1.3 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples: mulch. C. Product certificates. D. Planting Schedule: Indicating anticipated planting dates for exterior plants. E. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of exterior plants during a calendar year. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 93 00 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 1.4 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer who maintains an experienced full-time supervisor on Project site when exterior planting is in progress. B. Topsoil Analysis: The contractor shall furnish soil analysis by a qualified soil - testing laboratory. C. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock." D. Preinstallation Conference: Conduct conference at Project site. 1.5 DELIVERY, STORAGE, AND HANDLING A. Do not prune trees and shrubs before delivery. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind-tie trees or shrubs in such a manner as to destroy their natural shape. Provide protective covering of exterior plants during delivery. Do not drop exterior plants during delivery. B. Deliver exterior plants after preparations for planting have been completed and install immediately. If planting is delayed more than six hours after delivery, set exterior plants trees in shade, protect from weather and mechanical damage, and keep roots moist. 1.6 WARRANTY A. Special Warranty: Warrant the following exterior plants, for the warranty period indicated, against defects including death and unsatisfactory growth, except for defects resulting from lack of adequate maintenance, neglect, or abuse by Owner, or incidents that are beyond Contractor's control. 1. Warranty Period for Trees and Shrubs: One year from date of Substantial Completion. 2. Warranty Period for Ground Cover: Six months from date of Substantial Completion. 1.7 MAINTENANCE A. Trees and Shrubs: Maintain during warranty period by pruning, cultivating, watering, weeding, fertilizing, restoring planting saucers, tightening and DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 93 00 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N repairing stakes and guy supports, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Spray as required to keep trees and shrubs free of insects and disease. B. Ground Cover: Maintain during warranty period by watering, weeding, fertilizing, and other operations as required to establish healthy, viable plantings. PART 2 - PRODUCTS 2.1 EXTERIOR PLANTS A. Tree and Shrub Material: Furnish nursery-grown trees and shrubs complying with ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well-shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. 1. Provide balled and burlapped trees and container-grown shrubs. B. Ground Cover: Provide ground cover of species indicated, established and well rooted in pots or similar containers, and complying with ANSI Z60.1. 2.2 PLANTING MATERIALS A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of 4 percent organic material content; free of stones 1 inch or larger in any dimension and other extraneous materials harmful to plant growth. 1. Topsoil Source: Reuse surface soil stockpiled on-site and supplement with imported or manufactured topsoil from off -site sources when quantities are insufficient. Verify suitability of stockpiled surface soil to produce topsoil. B. Inorganic Soil Amendments: 1. Lime: ASTM C 602, Class T or O, agricultural limestone containing a minimum 80 percent calcium carbonate equivalent. 2. Sulfur: Granular, biodegradable, containing a minimum of 90 percent sulfur, with a minimum 99 percent passing through No. 6 sieve and a maximum 10 percent passing through No. 40 sieve. 3. Iron Sulfate: Granulated ferrous sulfate containing a minimum of 20 percent iron and 10 percent sulfur. 4. Aluminum Sulfate: Commercial grade, unadulterated. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 93 00 - 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N C. Organic Soil Amendments: 1. Compost: Well-composted, stable, and weed-free organic matter, pH range of 5.5 to 8; moisture content 35 to 55 percent by weight; 100 percent passing through 1-inch sieve. 2. Peat: Sphagnum peat moss, partially decomposed, finely divided or granular texture, with a pH range of 3.4 to 4.8. 3. Peat: Finely divided or granular texture, with a pH range of 6 to 7.5, containing partially decomposed moss peat, native peat, or reed -sedge peat and having a water-absorbing capacity of 1100 to 2000 percent. 4. Wood Derivatives: Decomposed, nitrogen-treated sawdust, ground bark, or wood waste; of uniform texture, free of chips, stones, sticks, soil, or toxic materials. D. Fertilizer: 1. Bonemeal: Commercial, raw or steamed, finely ground; a minimum of 4 percent nitrogen and 10 percent phosphoric acid. 2. Superphosphate: Commercial, phosphate mixture, soluble; a minimum of 20 percent available phosphoric acid. 3. Commercial Fertilizer: Commercial-grade complete fertilizer of neutral character, consisting of fast- and slow-release nitrogen, 50 percent derived from natural organic sources of urea formaldehyde, phosphorous, and potassium in the following composition: a. Composition: 1 lb/1000 sq. ft. of actual nitrogen, 4 percent phosphorous, and 2 percent potassium, by weight. 4. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water-insoluble nitrogen, phosphorus, and potassium in the following composition: a. Composition: 20 percent nitrogen, 10 percent phosphorous, and 10 percent potassium, by weight. E. Mulches: 1. Organic Mulch: Shredded hardwood. 2. Compost Mulch: Well-composted, stable, and weed-free organic matter, pH range of 5.5 to 8; moisture content 35 to 55 percent by weight; 100 percent passing through 1-inch sieve. F. Weed-Control Barriers: 1. Nonwoven Fabric: Polypropylene or polyester fabric, 3 oz./sq. yd. minimum. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 93 00 - 5 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2. Composite Fabric: Woven, needle-punched polypropylene substrate bonded to a nonwoven polypropylene fabric, 4.8 oz./sq. yd.. PART 3 - EXECUTION 3.1 EXTERIOR PLANTING A. Bed Establishment: 1. Loosen subgrade of planting beds to a minimum depth of 4 inches. 2. Remove stones larger than 2 inches in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. 3. Thoroughly blend planting soil mix off-site before spreading or spread topsoil, apply soil amendments and fertilizer on surface, and thoroughly blend planting soil mix. 4. Spread planting soil mix to a depth of 4 inches but not less than required to meet finish grades after natural settlement. Do not spread if planting soil or subgrade is frozen, muddy, or excessively wet. 5. Finish Grading: Grade planting beds to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. B. Trees and Shrubs: 1. Pits and Trenches: Excavate circular pits with sides sloped inward. Trim base leaving center area raised slightly to support root ball and assist in drainage. Do not further disturb base. Scarify sides of plant pit smeared or smoothed during excavation. Excavate approximately three times as wide as ball diameter. 2. Set trees and shrubs plumb and in center of pit or trench with top of root ball flush with adjacent finish grades. a. Balled and Burlapped: Remove burlap and wire baskets from tops of root balls and partially from sides, but do not remove from under root balls. Remove pallets, if any, before setting. Do not use planting stock if root ball is cracked or broken before or during planting operation. b. Container Grown: Carefully remove root ball from container without damaging root ball or plant. c. Fabric Bag Grown: Carefully remove root ball from fabric bag without damaging root ball or plant. Do not use planting stock if root ball is cracked or broken before or during planting operation. d. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 32 93 00 - 6 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. 3. Organic Mulching: Apply 3-inch average thickness of organic mulch extending 12 inches beyond edge of planting pit or trench. Do not p lace mulch within 3 inches of trunks or stems. C. Tree and Shrub Pruning: Prune, thin, and shape trees and shrubs according to standard horticultural practice. Prune trees to retain required height and spread. Do not cut tree leaders; remove only injured or dead branches from flowering trees. Prune shrubs to retain natural character. Shrub sizes indicated are sizes after pruning. D. Ground Cover and Plant Planting: 1. Set out and space ground cover and plants per suppliers recommendations. 2. Dig holes large enough to allow spreading of roots, and backfill with planting soil. 3. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. 4. Water thoroughly after planting, taking care not to cover plant crowns with wet soil. 5. Protect plants from hot sun and wind; remove protection if plants show evidence of recovery from transplanting shock. E. Planting Bed Mulching: 1. Install weed-control barriers before mulching according to manufacturer's written instructions. Completely cover area to be mulched, overlapping edges a minimum of 6 inches. 2. Mulch backfilled surfaces of planting beds and other areas indicated. Apply 3-inch average thickness of mulch, and finish level with adjacent finish grades. Do not place mulch against plant stems. F. Protect exterior plants from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protectio n during installation and maintenance periods. Treat, repair, or replace damaged exterior planting. G. Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Owner's property. END OF SECTION 32 93 00 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 33 10 00 - 1 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N SECTION 33 10 00 ± WATER DISTRIBUTION PART 1 - GENERAL 1.1 SUMMARY A. This Section includes water-distribution piping and specialties outside the building for the following: 1. Water services. 1.2 SUBMITTALS A. Product Data: For the following: 1. Valves and accessories. B. Wiring Diagrams: Power, signal, and control wiring. C. Field quality-control test reports. D. Operation and Maintenance Data: For the following: 1. Valves. 1.3 QUALITY ASSURANCE A. Regulatory Requirements: 1. Comply with standards of authorities having jurisdiction for potab le-water- service piping, including materials, installation, testing, and disinfection. B. Piping materials shall bear label, stamp, or other markings of specified testing agency. C. NSF Compliance: 1. Comply with NSF 14 for plastic potable-water-service piping. 1.4 PROJECT CONDITIONS A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 33 10 00 - 2 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N arranging to provide temporary utility services according to requirements indicated: 1. Notify Engineer not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Engineer's written permission. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where subparagraph titles below introduce lists, the following requirements apply for product selection: 1. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the products specified. 2. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the manufacturers specified. 2.2 PIPING MATERIALS A. Refer to Part 3 "Piping Applications" Article for applications of pipe, tube, fitting, and joining materials. 2.3 PIPE AND FITTINGS A. PVC,. 1. )RU ´ RU VPDOOHU - PVC, Schedule 40 Pipe: ASTM D 1785 and Schedule 40 Socket Fittings: ASTM D 2466. 2.4 VALVES A. AWWA, Cast-Iron, Gate Valves: 1. Manufacturers: a. American AVK Co.; Valves & Fittings Div. b. American Cast Iron Pipe Co.; American Flow Control Div. c. American Cast Iron Pipe Co.; Waterous Co. Subsidiary. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 33 10 00 - 3 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N d. Crane Co.; Crane Valve Group; Stockham Div. e. East Jordan Iron Works, Inc. f. Grinnell Corporation; Mueller Co.; Water Products Div. g. McWane, Inc.; Clow Valve Co. Div. (Oskaloosa). h. McWane, Inc.; Kennedy Valve Div. i. McWane, Inc.; Tyler Pipe; Utilities Div. j. NIBCO INC. k. United States Pipe and Foundry Company. 2. Nonrising-Stem, Metal-Seated Gate Valves: AWWA C500, gray- or ductile-iron body and bonnet; with cast-iron or bronze double-disc gate, bronze gate rings, bronze stem, and stem nut. a. Minimum Working Pressure: 200 psig (1380 kPa). b. End Connections: Mechanical joint. c. Interior Coating: Complying with AWWA C550. 3. Nonrising-Stem, Resilient-Seated Gate Valves: AWWA C509, gray- or ductile-iron body and bonnet; with bronze or gray- or ductile-iron gate, resilient seats, bronze stem, and stem nut. a. Minimum Working Pressure: 200 psig (1380 kPa). b. End Connections: Mechanical joint. c. Interior Coating: Complying with AWWA C550. B. UL/FM, Cast-Iron Gate Valves: 1. Manufacturers: a. American Cast Iron Pipe Co.; American Flow Control Div. b. American Cast Iron Pipe Co.; Waterous Co. Subsidiary. c. Central Sprinkler Company. d. Crane Co.; Crane Valve Group; Stockham Div. e. Grinnell Corporation. f. Grinnell Corporation; Mueller Co.; Water Products Div. g. McWane, Inc.; Clow Valve Co. Div. (Oskaloosa). h. McWane, Inc.; Kennedy Valve Div. i. McWane, Inc.; M & H Valve Company Div. j. NIBCO INC. k. United States Pipe and Foundry Company. 2. UL/FM, Nonrising-Stem Gate Valves: UL 262, FM-approved iron body and bonnet with flange for indicator post, bronze seating material, and inside screw. a. Minimum Working Pressure: 175 psig (1207 kPa). b. End Connections: Flanged. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 33 10 00 - 4 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2.5 GATE VALVE ACCESSORIES AND SPECIALTIES A. Valve: AWWA, cast-iron, nonrising-stem, resilient-seated gate valve with one raised face flange mating tapping-sleeve flange. B. Valve Boxes: Comply with AWWA M44 for cast-iron valve boxes. Include top section, adjustable extension of length required for depth of burial of valve, plug with lettering "WATER," bottom section with base of size to fit over valve, and approximately 5-inch- (125-mm-) diameter barrel. 1. Operating Wrenches: Steel tee-handle with one pointed end, stem of length to operate deepest buried valve, and socket matching valve operating nut. C. Vertical-Type Indicator Posts: UL 789, FM-approved, cast-iron body with operating wrench, extension rod, and adjustable cast-iron barrel of length required for depth of burial of valve. PART 3 - EXECUTION 3.1 PIPING APPLICATIONS A. Refer to Division 2 Section "Earthwork" for excavating, trenching, and backfilling. B. Underground Water-Service Piping: Use the following piping materials for each size range: 1. NPS 3/4 to NPS 2 (DN 20 to DN 50): PVC, Schedule 40 pipe socket fittings; and solvent-cemented joints. 3.2 VALVE APPLICATIONS A. General Application: Use mechanical-joint-end valves for NPS 3 (DN 80) and larger underground installation. Use threaded- or flanged-end valves for installation in vaults. Use UL/FM, nonrising-stem gate valves for installation with indicator posts. Use corporation valves and curb valves with ends compatible with piping, for NPS 2 (DN 50) and smaller installation. B. Drawings indicate valve types to be used. Where specific valve types are not indicated, the following requirements apply: 1. Underground Valves, NPS 4 (DN 100) and Larger, for Indicator Posts: UL/FM, Cast-iron, nonrising-stem gate valves with indicator post. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 33 10 00 - 5 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3.3 JOINT CONSTRUCTION A. See Division 2 Section "Utility Materials" for basic piping joint construction. B. Make pipe joints according to the following: 1. PVC Piping Gasketed Joints: Use joining materials according to AWWA C900. Construct joints with elastomeric seals and lubricant according to ASTM D 2774 or ASTM D 3139 and pipe manufacturer's written instructions. 2. Dissimilar Materials Piping Joints: Use adapters compatible with both piping materials, with OD, and with system working pressure. Refer to Division 2 Section "Utility Materials" for joining piping of dissimilar metals. 3.4 PIPING INSTALLATION A. Make connections NPS 2 (DN 50) and smaller with drilling machine according to the following: 1. Install service-saddle assemblies and corporation valves in size, quantity, and arrangement required by utility company standards. 2. Install service-saddle assemblies on water-service pipe to be tapped. Position outlets for corporation valves. 3. Use drilling machine compatible with service-saddle assemblies and corporation valves. Drill hole in main. Remove drilling machine and connect water-service piping. 4. Install corporation valves into service-saddle assemblies. 5. Install curb valve in water-service piping with head pointing up and with service box. B. Install PVC, AWWA pipe according to AWWA M23 and ASTM F 645. C. Bury piping with depth of cover over top at least 36 inches (750 mm), with top at least 12 inches (300 mm) below level of maximum frost penetration. D. Install underground piping with restrained joints at horizontal and vertical changes in direction. Use restrained-joint piping, thrust blocks, anchors, tie- rods and clamps, and other supports. 3.5 ANCHORAGE INSTALLATION A. Install anchorages for tees, plugs and caps, bends, crosses, valves, and hydrant branches. Include anchorages for the following piping systems: 1. Gasketed-Joint, Ductile-Iron, Water-Service Piping: According to AWWA C600. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 33 10 00 - 6 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 2. Gasketed-Joint, PVC Water-Service Piping: According to AWWA M23. 3. Fire-Service-Main Piping: According to NFPA 24. 4. Apply full coat of asphalt or other acceptable corrosion-resistant material to surfaces of installed ferrous anchorage devices. 3.6 VALVE INSTALLATION A. AWWA Gate Valves: Comply with AWWA C600 and AWWA M44. Install each underground valve with stem pointing up and with valve box. B. UL/FM Gate Valves: Comply with NFPA 24. Install each underground valve and valves in vaults with stem pointing up and with vertical cast-iron indicator post. C. Corporation Valves and Curb Valves: Install each underground curb valve with head pointed up and with service box. 3.7 CONNECTIONS A. Piping installation requirements are specified in other Division 2 Sections. Drawings indicate general arrangement of piping and specialties. 3.8 FIELD QUALITY CONTROL A. Piping Tests: Conduct piping tests before joints are covered and after thrust blocks have hardened sufficiently. Fill pipeline 24 hours before testin g and apply test pressure to stabilize system. Use only potable water. B. Hydrostatic Tests: Test at not less than 1-1/2 times working pressure for 2 hours. 1. Increase pressure in 50-psig (350-kPa) increments and inspect each joint between increments. Hold at test pressure for 1 hour; decrease to 0 psig (0 kPa). Slowly increase again to test pressure and hold for 1 or more hours. Maximum allowable leakage is 2 quarts (1.89 L) per hour per 100 joints. Remake leaking joints with new materials and repeat test until leakage is within allowed limits. C. Prepare reports of testing activities. D. Contractor to arrange for all building inspector inspections. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste and Recycling Center Improvements 33 10 00 - 7 Orange County, North Carolina JULY 2021 DAA PN: R00592-213N 3.9 IDENTIFICATION A. Install continuous underground detectable warning tape during backfilling of trench for underground water-service piping. Locate below finished grade, directly over piping. Delete below if metallic water-service piping without electrically insulated fittings will be used. B. Permanently attach equipment nameplate or marker, indicating plastic water - service piping, on main electrical meter panel. 3.10 CLEANING A. Clean and disinfect water-distribution piping as follows: 1. Purge new water-distribution piping systems and parts of existing systems that have been altered, extended, or repaired before use. 2. Use purging and disinfecting procedure prescribed by authorities having jurisdiction or, if method is not prescribed by authorities having jurisdiction, use procedure described in AWWA C651 or as described below: a. Fill system or part of system with water/chlorine solution containing at least 50 ppm of chlorine; isolate and allow to stand for 24 hours. b. Drain system or part of system of previous solution and re fill with water/chlorine solution containing at least 200 ppm of chlorine; isolate and allow to stand for 3 hours. c. After standing time, flush system with clean, potable water until no chlorine remains in water coming from system. d. Submit water samples in sterile bottles to authorities having jurisdiction. Repeat procedure if biological examination shows evidence of contamination. e. Submit sample results to Engineer. B. Prepare reports of purging and disinfecting activities. END OF SECTION 33 10 00 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 1 Orange County Solid Waste JULY 2021 DAA PN R00592-213N SECTION 33 30 00 - SANITARY SEWERS PART 1 - GENERAL 1.1 DESCRIPTION OF WORK Work under this section consists of furnishing all plant, labor, materials, and equipment for the installation of sanitary sewers and appurtenances. 1.2 QUALITY ASSURANCE A. Standards: 1. American Association of State Highway Transportation Officials a) AASHTO T99 2. American National Standards Institute a) ANSI A21.50 Ductile cast iron pipe b) ANSI A21.51 Ductile cast iron pipe 3. American Society for Testing and Materials a) ASTM A74 cast iron soil pipe b) ASTM A252 encasement pipe c) ASTM C12 clay pipe d) ASTM C14 concrete sewer pipe (18 in. and smaller) e) ASTM C32 manhole brick f) ASTM C33 crushed stone g) ASTM C76 concrete sewer pipe (larger than 18 in.) h) ASTM C91 masonry cement i) ASTM C139 concrete manhole block j) ASTM C230 grout and mortar k) ASTM C301 clay pipe l) ASTM C425 pipe joints m) ASTM C443 pipe joint material and fittings n) ASTM C478 precast concrete manholes o) ASTM C594 flexible couplings and fittings p) ASTM C700 clay pipe q) ASTM D1869 pipe fittings r) ASTM D2152 pipe testing s) ASTM D2321 pipe installation t) ASTM D2412 pipe testing u) ASTM D2444 pipe testing v) ASTM D2680 ABS composite pipe w) ASTM D2751 ABS sewer service line x) ASTM D3034 PVC gravity sewer pipe DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 2 Orange County Solid Waste JULY 2021 DAA PN R00592-213N 4. Federal Specifications a) WW-P-421 ductile cast iron pipe B. Material Testing 1. PVC, PVC Truss Pipe, and ABS Truss Pipe PVC, PVC truss pipe, and ABS truss pipe shall be tested at the pipe factory with their own in-house quality control methods in accordance with ASTM Specifications D2412, D2152, and D2444 for PVC pipe and appropriate sections of ASTM D2680 for ABS truss pipe. A test certificate shall be furnished to the Engineer by the factory for each 5,000' of pipe shipped to the site, showing that each joint of pipe conforms to these specifications. Each joint of pipe shall be stenciled with the manufacturer's initials and any pipe arriving at the job site unstenciled will be rejected. The Owner reserves the right to have the same test run by an independent laboratory and the results of the test furnished to the Engineer. The Owner will pay all cost of testing by an independent laboratory not normally conducted by the pipe manufacturer. 2. Other Materials Other material shall be subject to such testing as the Engineer may require should its acceptability be questioned. 3. Cost for Testing Method All costs for testing of materials by an independent laboratory not normally conducted by the factory shall be paid for by the Owner. C. Inspection, Testing, and Acceptance - New Pipelines 1. Inspection a) Upon completion of each section of sewer or at such time as the Engineer may direct, a block or section of sewer shall be cleaned and inspected. All repairs shown necessary by the inspection shall be made. Broken or cracked pipe shall be replaced; defective joints, if any, replaced; all deposits removed; and the sewer left true to line and grade, entirely clean, free from lumps or protruding jointing material, etc., and ready for use. Each section of sewer between DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 3 Orange County Solid Waste JULY 2021 DAA PN R00592-213N manholes shall show, upon examination from either end, a reasonably full circle of light. b) Manholes shall be true circles of acceptable brick or block work, or for precast manhole, shall have no major defects. Tops shall be properly placed, and castings securely in place. Manholes shall show absolutely no evidence of leakage through the walls or bottom. 2. Testing a) Infiltration and exfiltration shall be kept to the minimum amount possible. The allowable limit of groundwater infiltration/exfiltration for any or more selections of sewer with any type joint, including service lines, allowable under these specifications (all sizes), shall not exceed 100 gallons per 24 hours per mile of sewer line per inch of diameter. b) Any line that does not meet this specification will be rejected and must be repaired at the Contractor's expense. c) No infiltration tests will be made until normal infiltration conditions are established. Tests shall be made before existing sewers or connections are made to new service lines and shall be measured by means of a V-notch weir inserted into the line at a manhole or built in a manhole. These tests will be conducted over a period of time sufficient to determine the correct rates of groundwater infiltration. Weir measurements shall be made at points designated by the Engineer along the completed pipelines, and at least one measurement shall be made for each pipe segment between manholes if requested by the Engineer. All expense of the above test or tests shall be borne by the Contractor and be included in the unit price bid per foot of sewer under each respective size of sewer. When infiltration occurs in excess of the specified amounts as hereinabove given, defective pipe or joints shall be located and repaired at the expense of the Contractor. If the defective portions cannot be so located, the Contractor shall, at his own expense, remove and reconstruct as much of the original work as necessary to obtain a sewer within the allowable infiltration limits upon retesting. d) Where lines are above the ground water table, exfiltration testing will be required. Also for lines that may be seasonally under the ground water table or flood levels but, due to dry conditions, upon completion of construction normal infiltration conditions are not present (or the normal wet weather ground water level is not present), the DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 4 Orange County Solid Waste JULY 2021 DAA PN R00592-213N Contractor has the option of conducting exfiltration tests in lieu of infiltration tests. Test procedure shall be as follows: (1) Plug lower end of section to be tested. (2) Fill line and manholes with water so that the level in the manhole furthest upstream is at least 3' above the top of the pipe, or a level as determined by the Engineer that models the height of the wet weather groundwater table or the local surface level during flood conditions. (3) Let water stand overnight or at least 4 hours to allow all air to escape and sewer line to reach its maximum absorption. (4) After pipe has reached its maximum absorption, refill upstream manhole or test location to original depth. After test period specified by the Engineer, record difference in elevation of water level and compute exfiltration rate. Minimum test period shall be six (6) hours. (5) When the leakage exceeds the specified amount, satisfactory correction shall be made. Both the measurement and the correction shall be made at no additional cost to the Owner. 1.3 SUBMITTALS A. Shop drawings shall be submitted to the Engineer in accordance with the General Conditions for the following items: 1. Precast manholes 2. Metal castings 3. Transition couplings B. Product data shall be submitted to the Engineer for the following: 1. Tapping sleeves 2. Valves C. Manufacturer's certifications shall be submitted to the Engineer certifying that the following materials meet all requirements of the specifications: DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 5 Orange County Solid Waste JULY 2021 DAA PN R00592-213N 1. Sewer Main Pipe 2. Sewer Service Pipe 3. Sewer Pipe Fittings 4. Manhole Brick or Block D. Mix designs for concrete and asphalt shall be submitted to the Engineer for approval, if requested by the Engineer. E. Three (3) copies of all submittals are required. None of the above listed equipment or materials shall be used on the project unless the necessary approval for that particular item has been given by the Engineer. 1.4 SUBSURFACE INVESTIGATIONS A. ,W VKDOO EH WKH &RQWUDFWRU¶V UHVSRQVLELO perform any subsurface investigations deemed necessary before submitting a bid. 1.5 DELIVERY, STORAGE AND HANDLING A. Preparation for Transport: Prepare valves, including fire hydrants, according to the following: 1. Protect valves against damage to threaded ends and flange faces. 2. Set valves in best position for handling. Set valves closed to prevent rattling. B. During Storage: Use precautions for valves, including fire hydrants, according to the following. 1. Do not remove end protectors, unless necessary for inspection; then reinstall for storage. 2. Protect from weather. Store indoors and maintain temperature higher than ambient dew-point temperature. 3. Support off the ground or pavement in watertight enclosures when outdoor storage is necessary. C. Handling: Use sling to handle valves and fire hydrants whose size requires handling by crane or lift. Rig valves to avoid damage to exposed valve parts. Do not use handwheels or stems as lifting or rigging points. D. Deliver piping with factory-applied end-caps. Maintain end-caps through shipping, storage, and handling to prevent pipe -end damage and to prevent entrance of dirt, debris, and moisture. E. Protect flanges, fittings, and specialties from moisture and dirt. PART 2 - PRODUCTS 2.1 GENERAL DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 6 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N A. All materials and appurtenances shall meet the following minimum standard requirements therefor. It shall be each manufacturer's responsibility to check the proposed installation and to furnish material that will be fully capable of performing its intended function. B. Pipe shall be of the type, size, class, and diameter as hereinafter specified and called for by the Plans and/or Bid. Pipe shall be ductile cast iron, ABS composite type, PVC composite type, and/or polyvinyl chloride. C. Trench width for buried pipe design shall be considered a s the outside diameter of the pipe plus 2', at the bottom and up to 1' above the top of the pipe. D. Buried pipe shall be designed for laying condition A, B and C (see standard sewer detail) to withstand all internal pressures and external loads with a minimum depth to cover of 3', and greater depths of cover where required by the Plans, plus an H-20 live load in accordance with A.A.S.T.H.O. Specifications. 2.2 CONCRETE SEWER PIPE A. Concrete sewer pipe 18" in diameter and smaller shall conform to ASTM Specification C-14 and shall be Class 3 or stronger. Concrete sewer pipe larger than 18" in diameter shall be reinforced type in accordance with ASTM Specification C-76-72 with minimum Class III pipe used with trench depth up to 12' and Class IV pipe used with trench depths equal to or greater than 12'. B. Joints for all concrete sewer pipe shall be rubber gasketed, O-ring type accordance with ASTM Specification C443-72. C. Interior lining for concrete sewer pipe shall consist of a heavy bitumastic coating applied to a dry film thickness of at least 14 mils. Bitumastic coating shall be applied in strict accordance with the manufacturer's instructions, particularly in regard to surface moisture and ambient temperature. The coating shall be Koppers Super Service Black, Pittsburgh's Bitumastic or equal. The lining in the pipe shall be guaranteed for adherence and erosion resistance for a period of two (2) years. 2.3 Ductile Iron Pipe: DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 7 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N A. Ductile iron pipe shall be centrifugally cast of ductile iron having a minimum tensile strength of 60,000 psi, a minimum yield strength of 42,000 psi, and a minimum elongation of 10 percent (Grade 60 -42-10). It shall be designed, manufactured, and shall conform to the requirements of ANSI A21.51 (AWWA C151) Standards. B. Nominal laying lengths shall be 18 or 20 feet nominal maximum of 20 percent of each size for each order being as much as 24 inches shorter than the nominal laying length and additional 10 percent as much as 6 inches shorter than nominal laying length. C. Dimensions shall conform to the requirements of ANSI A21.6, ANSI A21.8, ANSI A21.11, and WW-P-421 C, as applicable. Dimensions shall be gauged at sufficiently frequent intervals to assure dimensional control. Insides of sockets and outside of spigot ends shall be tested with circular gages. D. Wall thickness shall be determined for the design depth of cover shown in accordance with ANSI A21.50 - 1976. Minimum allowable wall thickness shall be Class 50. E. All pipes shall be tested at the factory in accordance with ANSI requirements for each type. F. Each pipe shall be coated on the outside with standard bituminous coating of either coal-tar or asphalt base approximately one mil thick. The coating shall be continuous, smooth, and strongly adherent to the pipe and shall not become brittle from cold or sticky from heat. Pipe shall be coated on the interior with Sewper Coat as manufactured by Lafarge Calcium Aluminate or Protecto 401 ceramic lining as manufactured by U.S. Pipe, or equal. G. Each pipe shall be weighed prior to placing of the inside lining. Weight, nominal thickness, sampling period, and class of pipe shall be shown on each pipe. The manufacturer¶V\HDURISURGXFWLRQDQGWK DUCTILE shall be clear and legible and on, or near, the bell end. 2.4 Polyvinyl Chloride (PVC) Gravity Sewer Pipe: PVC gravity sewer pipe shall be type PSM conforming to ASTM D3034, SDR-35, with bell and spigot rubber O- ring gasketed joints. The standard length of pipe shall be 12.5' "1". All fittings and accessories shall have bell and spigot configurations identical to pipe. 2.5 Polyvinyl Chloride (PVC) Composite (Truss) Pipe: PVC composite pipe and fittings shall be type PSM and shall conform to ASTM D2680, Type SC (solvent cemented joints). Standard lengths shall be 12.5' maximum. Th e manufacturer shall submit written certification from an independent testing laboratory that the DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 8 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N PVC composite pipe meets all requirements of ASTM D2680, except for material composition. 2.6 Steel Encasement Pipe: Steel encasement pipe shall be bituminous c oated inside and outside. Bituminous coating shall be 6 mil. minimum thickness. Encasement pipe for installation under highways and railroads shall be spiral welded steel pipe conforming to ASTM Specification A252 -61, Grade 2. Encasement pipe shall conform to DOT specifications for pipe laying for highway crossings and to AREA specifications for railroad crossings. 2.7 Service Lines: Temporary and permanent service lines shall be polyvinyl chloride (PVC) as defined above in 2.4 and 2.5. 2.8 Tees, Wyes, and Miscellaneous Fittings: Fittings for service connections on new main lines shall be the same material as the main and shall co nform to the above applicable specifications. A tapping saddle shall be used for service taps on existing mains. All fittings for cleanout assemblies shall be the same material as the service line pipe including combination wye and bend, vertical riser, and cleanout plug and cap. All service connections shall conform to the details as shown on the Plans. 2.9 MANHOLE MATERIAL A. Manhole material shall consist of brick, concrete block, or precast concrete in accordance with the following requirements. All mat erial shall be approved by the Engineer prior to use. B. Brick shall be no. 2 Common, or equal, hard clay, or shale, free from cracks and defects that would impair their strength of usefulness. Brick shall conform to ASTM C32, Grade MM. C. Concrete manhole blocks shall be units meeting the requirements of ASTM Specification C139. Masonry units shall consist of barrel and cone block 6" thick, 72" high and not over 152" long. Barrel block shall be cast to a radius which will result in approximately 12 units to the course for a 4' diameter manhole, and proportionally thereto for manholes of greater diameter than 4'. Cone block shall be cast to produce a reduction of 6" in diameter per course. All units shall have a vertical groove at the ends. D. Precast concrete manholes shall consist of precast reinforced concrete sections, a conical or flat top section as required, and a base section conforming in general to the details shown on the Plans. Precast manhole sections shall be manufactured in accordance with ASTM Spec ification C478. The minimum compressive strength of the concrete for all sections shall be 4,000 psi. The maximum allowable absorption of the concrete shall not exceed 8% of the dry weight. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 9 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N E. The manhole shall have flexible coupling cast into the manhole ma king it an integral part of the manhole at each inlet and outlet hole. This coupling shall be rigid, secure, and provide water tightness, yet provide flexibility at the pipeline to manhole connection. 2.10 Masonry Cement: Masonry cement shall be of best grade, conforming to ASTM Specification C91, Type II, of a brand approved by the Engineer. It shall be newly manufactured, well housed, and kept dry and protected at all times. 2.11 CASTINGS AND STEPS A. Castings and steps shall be provided for each manhole. Frames , covers, and steps shall be of cast iron of superior quality, tough and even texture, and of not less than 40% pig. They shall be clear of blow holes, and holes, cracks, or other defects, properly finished and bituminous coated while hot. B. Manhole covers, frames, and steps shall conform to the details for each type manhole on the Plans, or to similar plans differing in detail b ut of equally good design, provided such castings are approved by the Engineer prior to use. Covers and frames shall be machined to provide plane, smooth surfaces for uniform seating and interchangeability of covers. Rings and covers that provide imperfect seating will be rejected. All covers and frames shall be suitable for traffic service. Minimum opening shall be 22" in diameter, minimum weight of cover shall be 120 pounds and minimum weight of frame shall be 190 pounds. C. Special frames and covers shall be provided for sealing manholes water tight at locations shown on the Plans. These frames and covers shall conform to the above specifications and shall be provided with a one piece rubber gasket seated into the manhole frame. Covers shall be secure d with 4 minimum 2" lug bolts. Such frames and covers shall be manufactured by Neenah Foundry, Dewey Brothers, Inc., or equal. 2.12 Concrete: Refer to Section 03 30 00 for concrete. 2.13 GROUT AND MORTARS A. Non-shrink, high strength grout shall be a non-shrink catalyzed metallic mortar that provides high strength, and does not need rigid confinement. It shall be premixed and used in proportion with water as recommended by the manufacturer. It shall be compatible with other grouts and mortars used. It shall be manufactured by Master Builders, Five Star, W.R. Grace Company, or equal. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 10 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N B. Hydraulic cement grout shall be a cement base, quick set compound which effectively and permanently stops hydrostatic water infiltration through concrete or masonry. It shall be use d as recommended by the manufacturer. It shall be "waterplug" as manufactured by Thoro System Products, "Preco Plug" as manufactured by Fosroc Preco, or equal. C. Hydraulic waterproof sealant shall be cementituous base grouting compound designed specifically for providing a hydraulic waterproof coating for concrete or masonry walls, which when applied, becomes an integral part of the concrete or masonry surface. It shall be "Thoro -seal" as manufactured by Thoro System Products, "Brush -Bond" as manufactured by Fosroc Preco, or equal. 2.14 Crushed Stone: Crushed stone for pipe bedding shall conform to ASTM C33, size no. 57. 2.15 Pipe Adapters: Connections between dissimilar pipe materials or pipe with different diameters shall be made using flexible couplings with s tainless steel bands conforming to ASTM Specification C594 -70, or using PVC adapter "donut" fittings conforming to applicable portions of ASTM Specifications C443, C425, C594, and D1869. A Smith-Blair Type 242 or 243 with 6" band width, CLOW CORP., Type 1202 or 1212, or equal, all purpose repair clamp will be acceptable. Concrete collars will not be allowed unless specifically called for or directed by the Engineer in the field. PART 3 - EXECUTION 3.1 LOCATIONS Pipework shall be installed at the locations shown on the Plans and to the position, alignment, and grade shown thereon. Prior to beginning work at any location, the Contractor shall consult with the Engineer and Owner to determine that all rights-of-way, permits, or other legalities are in order. He shall familiarize himself with all conditions and/or limitations of such rights-of-way or permits and shall fully comply with all such requirements. 3.2 RELATION OF SEWERS TO WATER MAINS A. Crossing a sewer under a water main: Whenever it is necessary fo r a sewer to cross under a water main, the sewer shall be laid at such elevation that the top of the sewer is at least 18" below t he bottom of the water main, unless local conditions or barriers prevent an 18" vertical separation -- in which case both the water main and sewer shall be constructed of ferrous materials and with joints that are equivalent to water main standards for a distance of 10' on each side of the point of crossing. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 11 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N B. Crossing a sewer over a water main: Whenever it is necessary for a sewer to cross over a water main, both the water main and the sewer shall be constructed of ferrous materials and with joints equivalent to water main standards for a distance of 10' on each side of the point of crossing. A section of water main pipe shall be centered at the point of crossing. 3.3 CLEARING AND GRUBBING A. Clearing and grubbing, where required, shall be done prior to beginni ng of pipe installation. It shall be done in accordance with applicable portions of items of General Conditions and the following: 1. The Contractor shall consult with the Owner and Engineer prior to starting clearing and a full understanding is to be reached as to procedure. The Contractor shall then conduct clearing and grubbing operations in strict accordance with these agreements. 2. Clearing of trees and brush along the pipeline shall be carefully done so that no damage will occur outside of the limits of the right- of-way. Trees and brush must be cut by hand and trees felled within the right-of-way limits. Only trees that would seriously interfere with construction shall be cut down and all others shall be saved and protected. Trees 6" or more in diameter shall be trimmed, cut into usable lengths of 3', or as DIRECTED BY THE OWNER and the logs neatly stacked on the edge of the right-of- way or disposed in a manner approved by the Engineer. Clearing debris shall be disposed of per Specification 31 10 00, Item 3.6. Burning of trees, brush, and debris will not be permitted. 3. Grubbing of stumps that are in the way of construction s hall be done in any convenient manner which will not cause damage to remaining trees or adjacent property. Stumps shall be disposed as for brush or laps above. 4. Limits of the pipe-laying operation shall be confined to the right-of- way and easements. The width of clearing shall be held to a minimum and in no case more than the easement, without the written consent of the Engineer. 5. Clearing and grubbing shall be performed in accordance with Section 31 00 00. 3.4 WORK ON HIGHWAY RIGHT-OF-WAY A. The contractor shall not begin work on any property of the Department of Transportation until necessary permits are in hand. He shall conform to all requirements of the Department of Transportation or its authorized DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 12 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N representatives in the prosecution of this portion of the work. It shall be the responsibility of each Bidder to contact the local highway representative and to determine the exact requirements for work to be done. Requirements shall include, but are not limited to the following: B. Where a pipeline crosses under a highway, it shall be installed either by open cut, in tunnel or in encasement under the highway. Materials and method of crossing shall be as indicated on the plans for each crossing. Where pipe is installed by open cut, at least one full lane for traffic shall be kept open and clear at all times. C. The Contractor shall provide full-time flagmen, with appropriate red flags, at all times when work is in progress. D. Necessary warning and descriptive signs shall be provided and placed at each end of the working area while work is in progress along highways. These signs shall be well tended and shall be placed at sufficient distances from the site of the work so that ample warning is given to approaching traffic. Signs shall be adequately lighted at nig ht. E. The Contractor shall keep all streets open to traffic at all times unless permitted otherwise by the Engineer or Department o f Transportation as applicable. The Contractor shall provide, place and maintain temporary traffic control devices as directed by the Engineer or Department of Transportation. The latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the National Joint Committee on Uniform Traffic Control Devices shall be used as a guide in the placement of devices and all devices shall meet the requirements of said manual. F. Where pipe is installed in open cut across a highway, the cut shall be immediately backfilled and all work of repairing the pavement completed immediately. Any subsequent settlement shall be immediately corrected and repaired. G. Where pavement is cut and replaced, the Contractor shall cut the edges to a straight and even line before repairing the pavement. No ragged edges will be allowed or accepted. H. Where asphalt pavement or bituminous surfacing is cut, the entire area to be repaired shall be primed with an asphalt prime coat, acceptable to the Department of Transportation before the pavement is replaced. I. When required, the Contractor shall furnish to the Department of Transportation a 100% Performance Bond for the amount of paving to be cut and replaced along highways. Bond is required in North Carolina. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 13 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N J. Unless otherwise indicated, no excavated material shall be placed on the pavement side of the ditch, along State Highwa ys. The least possible amount of trench will be left open when work is not in progress and equipment shall be removed from the pa vement and shoulders during shutdown periods. K. Shoulders of roadways shall be left in good, acceptable condition and all topsoil and grass that is disturbed shall be replaced. Grassing shall include seeding fertilizing, and mulching to conform with the De partment of Transportation requirements. L. The Contractor shall pay the cost of all Department of Transportation inspectors time, if required on the job. 3.5 BORED ENCASEMENT INSTALLATION A. Encasement pipe which is dry bored under highways and railroads for installation of sewer lines shall be installed at the locations, to the gradients, and within the tolerances (if any), as shown on the plans. In event the encasement is installed off grade or seriously out of line, then another encasement pipe will be dry bored as close as practical to the original pipe with no additional compensation allowed therefor. The original encasement must be sealed with a watertight concrete plug (min. 3' deep) at each end. B. Any additional pipe or other work required for realignmen t of the water line with an alternate encasement location which was required due to improper gradient or misalignment in the original installation, shall be completed at the Contractor's expense. C. In event an obstruction is encountered during encasement bo ring operations which cannot be overcome, a second encasement shall be bored at a location designated by the Engineer. No additional compensation will be allowed for the second encasement installation. In event an obstruction is encountered in the second installation, at the direction of the Engineer, a third attempt shall be made to complete the encasement installation. Consideration will be given for additional compensation in event a third installation attempt is required. All abandoned encasement pipes shall be sealed as specified in paragraph 3.3.A above. D. Pipelines installed through steel encasement shall meet specificat ions herein described and all Department of Transportation or Railroad specifications and guidelines for installing pipelines through steel encasement pipe. Upon insertion of the pipeline through the encasement pipe, the ends of the encasement pipe shall be sealed with brick and DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 14 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N mortar. Brick and mortar shall be as herein specified, and the seal shall be such to withstand hydrostatic pressure from ground water and all backfill loads. Contractor shall provide means to prevent water line from floating within the encasement pipe. Grouting procedure will not be allowed. E. Casing pipe and joints shall be of leakproof construction, capab le of withstanding railway or traffic loading. The diameter of the casing pipe shall be at least 2" greater than the largest outside diameter of the carrier pipe, joints, or couplings for carrier pipe less than 6" in diameter and at least 4" greater for carrier pipe, 6" in diameter and greater, unless indicated differently on drawings. Further, the casing pipe shall be of great enough diameter to allow carrier pipe to be removed subsequently without disturbing the case pipe and immediate areas. F. Steel encasement pipe shall be as specified in item 2.10 of this section. 3.6 TRENCH EXCAVATION A. Trench excavation shall be made along the lines designated by the Engineer and to the depth necessary for laying the sewer to the required grade. B. Sides of trenches shall be kept as nearly vertical as is allowable by the Occupational Safety and Health Administration. They shall be at least 12" and not more than 24" wider at the top of the pipe than the outside diameter of the pipe plus sheathing where it is necessary. Whe re pavement is to be cut. It shall be cut in advance of trenching 1' wider than the required width of the trench. C. Where soil conditions prohibit vertical walls, the trench width at the bottom and to 1' above the top of the pipe shall be as specified above with the remainder being held to the least possible width greater than that specified. Where soil conditions prevent ditch excavation without excessive widths, or where directed by the Engineer, wood or steel sheeting, as hereinafter specified, shall be driven to support the trench walls, or a suitably reinforced steel trench box shall be employed. D. Trench bottoms shall be hand graded to provide uniform and continuous bearing for the pipe along its entire length, with bell holes being dug for pipe bells. No ridges, sags, or undercutting will be allowed. Excess excavating below grade shall be backfilled at the Contractor's exp ense with suitable material which shall be thoroughly stamped. E. If approved by the Engineer and subject to suitable soil condition s, the trench may be excavated a few inches below the established subgrade and backfilled with selected material (from the excavation, if available) well DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 15 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N compacted and so shaped as to give the pipes uniform bearing throughout their lengths at the established grade. Bell holes shall be dug to relieve the bells of load and to provide for completing the joints. F. Where the material at grade is unstable, soft, and incapable of supporting the pipe, the trench shall be excavated below grade, as directed by the Engineer, and refilled to grade with crushed stone or gravel to form a foundation for the pipe. G. When authorized by the Engineer, the Contractor shall dispose of material excavated from the trench that is unsuitable for backfill material. The Contractor shall provide the place select borrow material to replace unsuitable material for backfilling the trench as directed. H. Stone shall be compacted and graded to provide stable foundation and a uniform bearing for the pipe. Bell holes shall be provided as in other types of foundations. I. Should ground water be encountered in the bottom of the trench, causing the trench bottom to be unstable, the material, as directed by the Engineer, shall be excavated below grade sufficiently to allow a bed of crushed rock or gravel to be place in which to bed the pipe. The work shall be done as for unstable foundations. The depth of cut below grade shall be only the minimum amount to accomplish the purpose, and shall be as directed by the Engineer. J. The Contractor shall furnish all machinery for pumping, bailing, and/or well pointing and shall pump, bail, or otherwise remove any water which may be found or shall accumulate in the trenches, and shall perform all work necessary to keep them clear of water while the pipe is being laid. The disposal of water after removal shall be satisfactory to the Engineer. K. Whenever necessary, the side of the trench shall be braced and rendered secure and either open or close sheathing used to the satisfaction of the Engineer; such sheathing and bracing to be left in place until the trench is refilled to a safe limit, not less than 2' above the top of the pipe. The t op portion may be then cut off, but the lower portion shall remain undisturbed. In lieu of sheeting, suitable trench boxes may be employed. All sheeting, bracing, trench boxes, and trench construction methods shall conform to the latest Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970. No extra payment will be made for sheeting and bracing. Such cost shall be included in the cost of installing the pipe. L. All existing water, sewer, and gas lines, buried electrical and telephone cable, and other known utilities intersecting the lines of construction, if requested by the Engineer, shall be uncovered by the Contractor at his DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 16 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N expense and exposed to the Engineer at least 100' ahe ad of pipe laying operations of insure the correctness of grades. Existing utilities shown on the Plans are as accurately located as existing records and field surveys allow; however, the Contractor shall verify with the various utility companies before excavating and shall save harmless the Owner from any claims for damages as a result of this work. M. The Contractor shall at all times take necessary precautions in preventing gutters, catch basins, ditches and other drainage facilities from being clogged that might cause flooding conditions and damage to public or private properties. N. Rock Removal, Blasting 1. In rock or other unyielding material, the excavation shall be made at least 6" below subgrade elevation. The trench shall be refilled with select material compacted in place as specified for ordinary excavation. Suitable material from excavation may be used, if available. If not, it shall be hauled in. Select material used in trench after rock excavation shall be included in the cost of rock excavation. 2. If rock is encountered, it shall be paid for at the unit price set forth in the Bid. Only solid rock requiring blasting or drilling for its removal will be classified as rock excavation. Allowance will be made for a width of the trench not in excess of 16" greater than the outside diameter of the bell of the pipe and a depth from the surface of the rock to be established subgra de of the pipeline. Rock excavated in excess of these limits will not be paid for. The Engineer shall measure the amount of rock excavation to be classified as such before the trench is backfilled. No payment will be made for rock excavation which is backfilled before measurement by the Engineer. 3. All blasting, where required, shall be done under the personal supervision of a man thoroughly skilled in this class of work. All necessary measures to protect life and property shall be taken. When in close proximity to buildings, transmission lines, telephone lines or other facilities, timber mats or other means of preventing damage from flying debris shall be used. Ample and suitable signals shall be given in proximity to the work before each blast, and flagmen shall be placed on all roads, beyond the danger zone, in every direction to warn traffic. All responsibility for damage rests on the Contractor. O. Upon completion of the backfilling and repair operation, all excess earth, broken pavement, rock, shoring and all left over materials and debris DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 17 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N resulting from the Contractor's operations shall be removed from the work areas and disposed of by the Contractor. The Contractor shall provide his own disposal site. He shall comply with all State of North Carolina, County and Local regulations, rules and ordinances regarding the disposal of such material. All costs arising from the d isposal of the material shall be borne by the Contractor at no additional cost to the Owner. The work areas and adjoining areas used by the Contractor shall be left clean and free of evidence resulting from the Contractor's presence. 3.7 PIPE INSTALLATION A. Concrete Pipe 1. Concrete pipe shall be protected during handling against impact shocks and free fall. On the subgrade prepared as specified in Section 3.7, the pipe shall be laid so as to produce a straight line of pipe on a uniform grade, each pipe laid to form a close joint with the preceding pipe and so as to form a smooth inside flow line. Pipe jointly shall be in strict accordance with the manufacturer's written recommendations. 2. Concrete pipe shall be laid with preformed plastic gasket joints or as specified by the manufacturer. B. PVC Gravity Sewer Pipe PVC gravity sewer shall be installed as ABS Truss pipe and in accordance with ASTM D2321-74. C. PVC Composite Pipe PVC Composite pipe shall be installed as ABS Truss pipe and in accordance with ASTM D2321-74. D. All sewer pipe shall be bedded as shown on standard sewer details and/or installed as called for above. 3.8 VALVE INSTALLATION A. General Application: Use mechanical-joint-end valves for 3-inch NPS and larger underground installation. B. AWWA-Type Gate Valves: Comply with AWWA C600. Install underground valves with stem pointing up and with cast-iron valve box. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 18 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N 3.9 MANHOLES A. Manholes shall be constructed in accordance with details on the Plans and shall be of true dimension and form. They shall be so constru cted as to exclude all ground water. On all lines having an inside diameter greater than 21", 5' diameter manholes shall be constructed. B. Brick Manholes 1. Not allowed C. Concrete Block Manholes 1. Not allowed D. Precast Manholes 1. Precast manholes shall be constructed as follows: Precast base sections shall be installed on stabilized foundation so prepared to prevent settlement and misalignment. Pipe openings shall be exactly aligned to that of the pipe entering and leaving the manhole. 2. Rubber ring joints or semi-rigid composition joints shall be carefully made in accordance with the manufacturer's instructions and generally in the following manner. Bells shall be wiped clean, be free of all dirt or other matter, and liberally lubricated for receiving the spigot ends. The gasket groove and gasket shall be well cleaned and lubricated prior to placing. 3. Cement mortar joints shall be carefully made to the manufacturer's requirements. Grout shall be as stiff as possible to be consistent with good practice and all joints shall be well filled. 4. Sewer pipe shall be placed in the openings provided in the base section and properly aligned and set to grade. They shall be firmly held in place by the flexible coupling and the base opening shall be filled with an expanding type grout well rammed into place. 5. Steps shall be properly placed at 15" intervals and to the other requirements specified for brick manholes. 6. Cast iron frames and covers shall be properly set in a bed of mortar and aligned to fit the top section of the manhole. Concrete brick set DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 19 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N in mortar shall be used to adjust the top to finished grade, however, no more than four courses of brick will be used for adjustment. 7. When using 5' diameter manholes, the Contractor may use 5' diameter sections for the full depth or he may use a reducing section to reduce the inside diameter to 4' at a minimum height of 42" from the floor of the manhole. E. Manhole Drops: Manhole drops shall be supported and encased in brick work, and the backfill very thoroughly compacted. Should the trench for the upper sewer be excavated below grade beyond the brick work, enough cast iron pipe shall be used to provide a bearing of 2' on original ground. F. Manhole Tops: Manhole tops shall be set to the proper elevation as dictated by the location, or as directed by the Engineer. Care shall be exercised to set the tops at the proper elevation. Where manholes are located in streets or roads, the tops shall be set to conform to the finished grade of the roadway. Tops of manholes located in yards, roadway shoulders or populated areas shall be set flush with the ground elevation, unless directed otherwise by the Engineer. In cultivated fields, wooded areas and along outfall sewers the manhole tops shall be set approximately 1' above the elevation of the ground unless the line is subject to flooding or other hazards. In such instances manhole tops shall be set to the elevations given by the Engineer. 3.10 BACKFILLING A. All trash, forms, debris, and other foreign material shall be cleared from around all pipes and structures before backfilling. B. Backfilling around the pipe and to a depth of at least 1' above the top of pipe shall be placed by hand in layers of not over 6". Only select material containing no rocks or other objectionable material shall b e used for this portion of the backfill. As fast as the material is placed, it shall be cut under the haunches of the pipe with a shovel and thoroughly compacted with mechanical tamps for the full width of the trench to provide support for the bottom and sides of the pipe. Filling shall be carried up evenly on both sides. C. The balance of the backfill shall be placed and tamped to prevent excessive settlement in a manner satisfactory to the Engineer. If the trench backfill is located under miscellaneous paved areas, areas to be paved, or unpaved streets, the trench shall be backfilled with suitable material free from large stones or clods in 8" layers (loose measurement) and thoroughly tamped and compacted to 95% of maximum as established by AASHTO specification T99, method A, with mechanical DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 20 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N tampers, so as to avoid future settlement. Where applicable, the compaction shall be acceptable to the Department of Transportation or Owner. For trenches located in streets and highways trench backfilling shall be in accordance with the requirements of item 3.12 of this section, Cutting and Replacing Pavement. D. For pipe outside street limits, compaction shall be at least 90% of maximum as established by AASHTO Specification T99, Method A. E. Excess material shall be promptly removed from the site, and the pavement or road surface cleaned of objectionable material. The pavement and/or road surface shall be cleaned daily with a mechanical broom and/or washed if requested by the Engineer. The Contractor shall correct any future settlement within the guarantee period. F. In unpaved streets and shoulders the top 6" of trench shall be filled with well compacted crusher-run stone. In paved areas the top of the trench shall be filled with the specified base for pavement, well m ixed and compacted. Any settlement of backfill below finish grade shall be promptly corrected. G. On outfall lines and at other points where damage to the system or property will not occur, the backfill material more than 1' above the top of the pipe may be placed in 12" layers and compacted with mechanical tamps. The upper portion of the backfill, more than 5' above the pipe may be compacted by rolling with wheeled equipment. Excess material may be mounded on the trench. The Contractor will be responsible for all final subsidence of all trenches and shall leave the same flush with the original ground after all settlement has taken place. Trenches must be protected against scour due to surface drainage. H. Backfilling around manholes shall, in general, conf orm to requirements for backfilling trenches, except that no backfill shall be placed around manholes until all mortar has properly set, and backfilling shall be carried up symmetrically around structures. 3.11 DUST CONTROL A. The Contractor shall control dust throughout the life of the project within the project area and at all other areas affected by the construction of the project. Dust control shall not be considered effective where the amount of dust creates a potential or actual unsafe condition, public nu isance, or condition endangering the value, utility, or appearance of any property. The Contractor will not be directly compensated for any dust control measures necessary, as this work will be considered incidental to the work covered by the various contract items. The Contractor will provide dust control measures as directed by the Engineer. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 21 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N 3.12 CUTTING AND REPLACING PAVEMENT A. Where pavement is to be cut for installation of pipe or other utilities, the Contractor shall cut it nearly in advance of trenching and shall replace the pavement with base and new pavement. B. In areas where roadway is to be patched pavement shall be neatly cut to a straight edge in advance of trenching with the method of cutting being subject to approval of the Engineer. Pavement shall be cut 12" wider than the excavated area on each side. Ragged and irregular edges will not be allowed and work completed with ragged edges shall be redone. Concrete pavement shall be sawed with suitable concrete saw cutting equipment. C. Trench backfilling shall be done in layers not over 6" thick and thoroughly compacted. Compaction shall be such as to prevent future settlement and shall be done by acceptable means, approved by the Engineer. Rolling with rubber-tired vehicles or track-type equipment will not be allowed. Compaction shall be at least 95% of maximum as established by AASHTO Specification T99, Method A. D. Base for pavement shall be crusher run stone for all non -NCDOT maintained streets, HB binder for all secondary highways, and reinforced concrete for all primary highways. All base shall be placed in accordance with plan and/or encroachment permit details. Base width shall be as shown on the Plans and/or encroachment permits for various types of pavement cuts. 1. Crusher run stone shall conform to the requirements of Section 32 12 16. It shall be well mixed and compacted by tamping and rolling. Compaction shall be to such degree as to preclude settlement. Crusher run base material shall be placed at the same time that the trench is backfilled. Backfilling to top of ditch, to be cut out and replaced with base material at a later date, will not be allowed. 2. Crusher run base for highway pavement and adjacent drives shall be 8" of stone, stabilized with 5% Portland Cement. It shall be thoroughly mixed prior to compacting. 3. Crusher run base for non-highway pavement and drives shall be 8" of stone without the addition of cement. 4. %LQGHUEDVHIRUVHFRQGDU\URDGVVKDOOE conforming to specifications of the Department of Transportation. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 22 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N 5. Concrete base shall consist of 8" of concrete, reinforced with #4 reinforcing steel bars placed at 8" on center in the transverse direction #4 tie bars in the longitudinal direction. Concrete shall be designed to produce a compressive strength of 3000 psi at 28 days. The design of the mix and source of supply shall be subject to approval of the Engineer. E. Pavement shall be replaced with the same type of pavement that exists prior to cutting and shall consist of either bituminous surface co urse (double treatment), 2" of hot plant mix asphaltic concrete, or 8" of Portland Cement concrete; all conforming to specifications of the Department of Transportation for each type. 1. Pavement shall be replaced with the same type of pavement that exists prior to cutting and shall consist of either bituminous surface course (double treatment), 2" of hot plant mix asphaltic concrete, or 8" of Portland Cement concrete; all conforming to specifications of the Department of Transportation for each type. 2. For asphalt pavement or bituminous surfacing, the entire area to be resurfaced (including edges of existing pavement) shall be primed with an acceptable asphalt prime coat just prior to placing new pavement. 3.13 REMOVING AND REPLACING SIDEWALK, OTHER ITEMS A. Where pipe is to be placed under existing concrete sidewalk, the concrete shall be removed in construction units unless their length is more than 10', in which case the concrete shall be cut as specified in paragraph 3.11.2. of this section. The backfill shall be thoroughly compacted for the entire depth of the trench. B. The sidewalk shall be replaced with 3000 psi concrete, 4" thick, excep t for driveways where it shall be 6" thick. The concrete shall be placed monolithic and dressed off with a wooden float, brush and edging tool. Where pipe is to be placed under concrete walk, the Contractor may, with the permission of the Engineer, insta ll the pipe by tunneling instead of removing and replacing the walk. If pipe is to be placed under curb and gutter, it shall be done by tunneling. No additional payment will be made therefor. C. The Contractor shall be responsible for removing and replacing items such as mail boxes, fences, shrubbery, walls, steps, and any other private ornamental items that are in direct conflict with the water line work. No additional payment will be made therefor. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 23 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N 3.14 MISCELLANEOUS ITEMS The Contractor shall be responsible for removing and replacing miscellaneous items in conflict with the sewer line work such as mail boxes., signs, fences, walls, shrubbery, private ornamental items, etc. Shrubbery and plantings shall be preserved by proper root protection and watering until replanted. Tree limbs shall be protected where possible. Damaged trees shall be repaired with an approved tree dressing. No additional payment will be made for removing and replacing miscellaneous items. 3.15 REPAIRS TO DAMAGED SERVICES AND UTILITIES Repairs to damaged services and utilities shall be promptly made at the Contractor's expense. The Contractor shall use every effort to avoid damaging or breaking water, sewer, gas, power, telephone or other utility services. Utility lines shall be properly supported across the pipe trench until backfilling is completed. Should damage occur, immediate action shall be initiated to effect satisfactory repairs. All repair work shall be satisfactory to the Engineer and owner of the damaged utility. 3.16 CLEANUP A. All pipeline rights-of-way and pipework areas shall be cleaned up and left in satisfactory condition. B. Cleanup of work along highways or roads shall be made immediately upon completion of the backfill operation. Ditching and pipe laying shall be stopped at any time that cleanup work lags and shall not be resumed until cleanup progress is satisfactory to the Engineer. Final cleanup and condition of the work area shall be subject to the approval of the State Highway Representative, the Owner, and the Engineer. C. Cleanup of work for cross-country locations shall follow immediately upon the completion of any major part of the work o r upon instructions by the Engineer. Topsoil shall be replaced on all areas disturbed by the pipeline work throughout the length of the sewer main, and to the full satisfaction of the property owner. Topsoil may be removed from the line of work and stockpiled for future use. It shall be carefully removed, stockpiled, protected, respread, dressed off, and the entire right- of-way left in condition acceptable to the Engineer and property owner. If topsoil is not stockpiled and protected, suitable, approved material from other sources shall be provided. Where the line is located on pasture land, grassed areas, or roadway shoulders, grass shall be replaced. D. All disturbed pipeline area shall be seeded in accordance with Section 32 92 00. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 30 00 - 24 Orange County Solid Waste MARCH 2019 DAA PN R00592-213N E. As-built Survey Requirements: Refer to Section 01 70 00. END OF SECTION 33 30 00 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 44 00 - 1 Orange County Solid Waste JULY 2021 DAA PN R00592-213N SECTION 33 44 00 ± STORM DRAINAGE PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED Provide personnel, materials, equipment, and supplies to install storm sewerage system as shown on the Drawings. 1.02 RELATED REQUIREMENTS A. Section 31 20 00; Earthwork 1.03 QUALITY ASSURANCE Comply with all applicable codes and regulations as required by regulatory agencies having jurisdiction over this Work. Comply with all pertinent requirements of the North Carolina Department of Transportation Standards and Specifications, latest editions. 1.04 SUBMITTALS Shop drawings and product data for pipe and appurtenances. PART 2 PRODUCTS 2.01 REINFORCED CONCRETE PIPE A. Reinforced concrete pipe shall conform to NCDOT Standards and Specifications, latest edition. B. Sizes of storm sewer pipe shall be as indicated on the Drawings. 2.02 PLASTIC PIPE A. Pipe Requirements: All plastic pipe shall meet the requirements of AASHTO M294 Type S. The pipe shall have a smooth interior and annular-FRUUXJDWHGH[WHULRU0DQQLQJ¶V³Q´YDOX not exceed 0.010. B. Joint Performance: 1. Pipe shall be joined with the bell-and-spigot joint meeting the requirements off AASHTO M294. The bell shall be an integral part of the pipe and provide a minimum pull-apart strength of 400 lbs. 2. The bell-and-spigot joint shall incorporate a gasket making it silt- tight. Gaskets shall be installed in the bell by the pipe manufacturer. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 44 00 - 2 Orange County Solid Waste JULY 2021 DAA PN R00592-213N C. Fittings: Fittings shall conform to AASHTO M294. Fabricated fittings shall be welded on the interior and exterior at all junctions. D. Material Properties: Pipe and fitting material shall be high density polyethylene meeting the requirements of ASTM D3350 Cell Classification 324420C; or ASTM D1248 type III, Class C, Category 4, grade P33. E. Installation: Installation shall be in accordance with ASTM D2321 with the exception that minimum cover in trafficked areas shall be one foot. Nominal Diameter (in.) Pipe I.D. (in.) 12 15 18 24 30 Pipe O.D. (in.) 14.2 17.7 21.5 28.4 35.5 Bell O.D. (in.) 14.8 18.4 22.1 29.2 36.4 Flare O.D. (in.) 15.4 19.6 23.9 29.9 37.9 Pitch (in.) 2.0 2.4 3.0 4.0 4.0 Weight (lb./ft.) 3.3 4.7 6.7 12.0 16.0 Corrugation Annular Annular Annular Annular Annular 2.03 DRAINAGE STRUCTURES A. Endwalls shall be cast-in-place or precast concrete in accordance with the NCDOT Standard Details, latest edition. Types and sizes of structures shall be as indicated on the Drawings. PART 3 EXECUTION 3.01 GENERAL Installation of all materials shall be in strict conformance with manufacturer's recommendations. 3.02 EXISTING UTILITIES A. The location of existing utilities, including underground utilities, is indicated on the drawings insofar as their existence and location were known at the time of preparation of the drawings. However, nothing in these Contract Documents shall be construed as a guarantee that such utilities are in the location indicated or that they actually exist, or that other utilities are not within the area of operations. The Contractor shall make all necessary investigations to determine the existence and locations of such utilities far enough in advance of pipe laying to a llow for adjustments due to conflicts in the horizontal and vertical location of the pipeline. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 44 00 - 3 Orange County Solid Waste JULY 2021 DAA PN R00592-213N B. The Contractor shall obtain field utility locations by calling "Miss Utility" forty-eight (48) hours prior to working in the vicinity of existing utilities. If the utilities fail to locate, a second call shall be made providing an additional three (3) hour notice. C. The Contractor shall pay for any damage to and for maintenance and protection of existing utilities and structures. 3.03 LAYING PIPE AND PLACING STRUCTURES A. Proper implements, tools, and facilities shall be provided and used for the safe and convenient performance of the work. All pipes shall be lowered carefully into the trench by means of a derrick, ropes, or other suitable tools or equipment, in such a manner as to prevent damage to storm sewer pipe and appurtenances. Under no circumstances shall materials be dropped or dumped into the trench. The excavation shall be dewatered prior to installation of the pipe and appurtenances. B. All materials shall be examined carefully for damage and other defects immediately before installation. Defective materials shall be marked and held for inspection by the Engineer, who may prescribe corrective repairs or reject materials. C. All lumps, blisters, and excess coating sha ll be removed from the socket and plain 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 any other foreign material before the pipe is laid. D. Foreign material shall be prevented from entering the pipe, drop inlets and manholes while being placed in the trench. During laying operations, no debris, tools, clothing, or other materials shall be placed in the pipe. Each pipe shall be swabbed or brushed out as necessary to assure that no debris gets into the finished line. E. Pipe that may require field cutting shall be done so in a neat and workmanlike manner, so as to leave a smooth end at right angles to the axis of the pipe. Care shall be taken to avoid damaging the pipe and any coatings or linings. F. 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. The downstream sections shall be completed, tested, and approved prior to allowing drainage to enter the system. G. Laying of pipe shall be commenced immediately after 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. DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 High Rock Road Waste & Recycling Center Improvements 33 44 00 - 4 Orange County Solid Waste JULY 2021 DAA PN R00592-213N H. The Contractor shall make provisions at all times to allow natural drainage to flow through the work area with minimum damage to the new construction and/or existing downstream storm drain system. The Contractor shall at no time allow drainage to back up or be diverted onto private property. The Contractor shall pay for all damages that may result by failing to maintain drainage flow. I. Pipe shall be laid in true straight lines with the bell ends upstream and with the invert of the pipe being the true elevation and grade of the system. The Contractor shall establish and maintain the horizontal alignment and vertical elevation and grade of the system in accordance with the survey information indicated on the Drawings. J. As each length of pipe is placed in the trench, the joint shall be assembled and the pipe brought to correct line and grade. Pipe bedding shall be in accordance with Section 31 20 00 ± Earthwork. The pipe shall be secured in place with approved backfill material in accordance with Section 31 20 00± Earthwork. K. The horizontal alignment of the pipe shall be maintained by a transit or theodolite plumbed over the center of the downstream manhole. The vertical elevation and grade may be maintained by an ad justable laser level mounted at the invert of the downstream manhole with target(s) placed in the bell end of the pipe being laid. 3.04 JOINTING A. The Contractor shall not use excavation equipment to push the pipe into the home position, unless approved by the Engineer, and then only for one length of pipe at a time. B. The Contractor shall join the pipe as recommended by the manufacturer to obtain the degree of water tightness required. The use of lubricants, primers, adhesives and similar materials shall be as rec ommended by the manufacturers. 3.05 INSTALLATION OF STRUCTURES Structures shall be constructed to the required height to insure that the grates, rings and covers, etc., will be set at the finished grade. END OF SECTION 33 44 00 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 © 2020 Microsoft Corporation © 2020 Maxar ©CNES (2020) Distribution Airbus DS DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_COVER.dwg December 16, 2021 9:17:53 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia COVER SHEET NOT TO SCALECTC JRACA-C1.0HIGH ROCK ROADWASTE AND RECYCLING CENTER7001 HIGH ROCK ROAD, EFLANDS, ORANGE COUNTY, NORTH CAROLINAVICINITY MAPNOT TO SCALEPROJECT INFORMATIONDRAPER ADEN ASSOCIATES REVIEWTHESE PLANS HAVE BEEN SUBJECTED TO TECHNICAL AND QUALITY REVIEWS BY:PROJECT DESIGNER PROJECT MANAGER QUALITY REVIEWER Sheet List TableSEPTEMBER 28, 2021DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_COVER.dwg December 16, 2021 9:18:43 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia EROSION CONTROL NOTESGENERAL NOTESGENERAL CONSTRUCTION AND GEOTECHNICAL NOTESGENERAL UTILITY NOTESEROSION CONTROL NARRATIVETEMPORARY SEEDING SCHEDULE FOR LATE WINTER AND EARLY SPRINGTEMPORARY SEEDING SCHEDULE FOR SUMMERTEMPORARY SEEDING SCHEDULE FOR FALLPERMANENT SEEDING SCHEDULE FOR GRASS-LINED CHANNELSPERMANENT SEEDING SCHEDULE FOR AREAS OTHER THAN CHANNELSCONSTRUCTION SEQUENCENOTES NOT TO SCALECTC JRACA-C2.0DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 HIGH ROCK ROAD60' PUBLIC (R/W SR 1343)1 inch = ft.( IN FEET )GRAPHIC SCALE02020402010NAD83 (2011)DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_EXIST.dwg December 16, 2021 9:19:14 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia EXISTING CONDITIONS 1" = 20'CTC JRACA-C3.0OH ETDocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 HIGH ROCK ROAD60' PUBLIC (R/W SR 1343)1 inch = ft.( IN FEET )GRAPHIC SCALE02020402010NAD83 (2011)DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_DEMO.dwg December 16, 2021 9:20:12 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia DEMOLITION AND TEMPORARY SITE LAYOUT PLAN 1" = 20'CTC JRACAACAC4.0DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 HIGH ROCK ROAD60' PUBLIC (R/W SR 1343)1 inch = ft.( IN FEET )GRAPHIC SCALE02020402010NAD83 (2011)DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_SITE.dwg December 16, 2021 9:21:00 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia SITE LAYOUT PLAN 1" = 20'CTC JRACAACAC5.0DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_SITE.dwg December 16, 2021 9:21:30 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia CONCRETE SLAB LAYOUT PLAN 1" = 10'CTC JRACAACAC5.1DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_SITE.dwg December 16, 2021 9:21:54 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia SITE DETAILS NONECTC JRACA-C5.2HIGH ROCK ROADWASTE ANDRECYCLYINGCENTERCONTINUOUS LINESSTRAIGHT ARROWDocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_BLDGS & STRUCTURES.dwg December 16, 2021 9:22:35 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia NEW STRUCTURES AND ATTENDANT BUILDING RENOVATION NONECTC JRACAN/AC6.0≥DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_GRADE.dwg December 16, 2021 9:23:02 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia GRADING AND DRAINAGE PLAN 1" = 20'CTC JRACAACAC7.0DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 100.0'NAD83 (2011)DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_UTIL.dwg December 16, 2021 9:24:23 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia UTILITY SERVICES PLAN 1" = 20'CTC JRACAACAC8.01 inch = ft.( IN FEET )GRAPHIC SCALE02020402010INSULATED FIBERGLASSENCLOSURE - 4' MINIMUMHEIGHTWELL DETAILNOT TO SCALEFROMWELLTO METALBUIDINGWELL DETAILNOT TO SCALEDocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_UTIL.dwg December 16, 2021 9:24:49 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia SEPTIC SYSTEM DETAILS 1" = 20'CTC JRACAACAC8.1“” 14.SEPTIC INSTALLER MUST SCHEDULE AND HOLD A PRE-INSTALLATION CONFERENCE ONSITE W/ OWNER AND ENGINEER,AND OCHD PRESENT PRIOR TO STARTING WORK.DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 HIGH ROCK ROAD60' PUBLIC (R/W SR 1343)1 inch = ft.( IN FEET )GRAPHIC SCALE02020402010NAD83 (2011)DESIGNED BY:DRAWN BY:CHECKED BY:SCALE:DATE:PROJECT NUMBER:REVISIONSP:\R00\500\R00592\R00592-213N\CAD\R00592-178\IH CAD WORKING\R00592-213N_LANDSCAPE.dwg December 16, 2021 9:25:19 AM R00592-213N09/28/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTER ORANGE COUNTY, NORTH CAROLINA Engineering Surveying Environmental Services NCSU Centennial Campus 930 Main Campus Drive, Suite 151 Raleigh, NC 27606 919-827-0864 Fax: 919-839-8138 www.daa.com NC Firm License # C-0861 Virginia Beach, VA Hampton Roads, VA Fayetteville, NC Charlottesville, VA Blacksburg, VA Richmond, VA Northern Virginia LANDSCAPE PLAN AND DETAILS 1" = 20'CTC, JR.ACAACAC9.0LARGEEVERGREENCANOPY TREEMAGNOLIA GRANDIFLORA12-14' HEIGHT2.0" CALIPERLITTLE GEM SOUTHERN MAGNOLIAPLANT LIST36" HEIGHTMEDIUMEVERGREENSHRUBILEX GLABRAINKBERRY HOLLYSIZE ATPLANTINGTREE/SHRUBTYPEBOTANICAL NAMECOMMON NAMEPLANSYMBOLSHRUB PLANTING DETAIL18" MIN.6"PRUNE PROPORTIONATELY TOCOMPENSATE FOR REDUCTIONOF ROOTS AND TO PROMOTENATURAL GROWTHTRANSPLANTED SHRUBSHALL BE 1 12" HIGHER INRELATIONSHIP TO FIN.GRADE AS TO GRADEWHERE PREVIOUSLY PLACED2" MULCH ABOVE FINISHED GRADE(OR RIVER ROCK, OPTIONAL3" TOPSOIL BERM TOFORM SAUCERBREAK SUBSOIL WITHPICKTOPSOIL MIXTURETAMPED AND WATEREDDocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SERVICE DISCONNECTS NEUTRAL BUS CONDUIT BONDING GROUND BUS GROUNDED SERVICE CONDUCTOR UNDERGROUND SERVICE ENTRANCE GROUNDING ELECTRODE CONDUCTOR GROUNDING ELECTRODE 10' X 3/4 " DRIVEN GROUND ROD' PROVIDE ADDITIONAL GROUND ROD TO ACHIVE GROUNDING RESISTANCE LESS THAN 25 OHMS. SERVICE EQUIPMENT PHASE CONDUCTORS UTILITY OWNED SERVICE TRANSFORMER BOND TO STEEL SCALE: NTS1ELECTRICAL RISER DIAGRAM 480Y/277V, 3∅, 4W SERVICE COORDINATE ELECTRICAL SERVICE WITH PIEDMONT ELECTRIC #6 GND BARE CU IN 3/4"C 3/4"X10' GROUND ROD BOND TO STRUCTURAL STEEL DISCONNECT 200A, 3P FUSED @200A SERVICE 480V NEMA-3R UTILITY METER PANEL "MDP" 225A, 3PH,4W, MLO 480Y/277V 22 KAIC NEMA-3R 15 PLC CONTROLLER & ACCESSIBLE DISCONNECT WITH EQUIPMENT (TYP.) SCALE: NTS2ELECTRICAL SERVICE GROUNDING DETAILS A C E G GFCI N P PH PNL TYP V W - AMPERES OR ABOVE COUNTER - CONDUIT - ELECTRICAL CONTRACTOR - EQUIPMENT GROUNDING CONDUCTOR OR GROUND FAULT CIRCUIT INTERRUPTER GROUND FAULT CIRCUIT INTERRUPTER - NEUTRAL CONDUCTOR - POLE - PHASE - PANELBOARD - TYPICAL - VOLTS - WATTS, WIRES STANDARD ABBREVIATIONS BRANCH CIRCUIT, OR FEEDER WIRING, RUN IN CONDUIT AND CIRCUIT HOMERUN TO PANELBOARD INDICATED. SINGLE PHASE CIRCUIT SHALL CONTAIN 1 #12 PHASE CONDUCTOR, 1 #12 NEUTRAL CONDUCTOR AND 1 #12 GROUNDING CONDUCTOR IN 3/4" CONDUIT, MINIMUM. CONDUCTORS LARGER THAN #12, AND CONDUIT LARGER THAN 3/4", SHALL BE AS INDICATED. WHERE "MULTIPLE PHASED" ELECTRICAL LOADS ARE REQUIRED, PROVIDE ADDITIONAL PHASE CONDUCTORS. MULTIPLE SINGLE PHASE CONDUCTORS MAY BE GROUPED TOGETHER IN A COMMON CONDUIT AS ALLOWED AND IN ACCORDANCE WITH THE NEC, AND/OR AT THE CONTRACTOR'S DISCRETION. CONTRACTOR SHALL PROVIDE ADDITIONAL "SWITCH LEG" CONDUCTORS, AS REQUIRED TO ACHIEVE FIXTURE CONTROL INDICATED ON PLANS. NEUTRAL AND GROUNDING CONDUCTORS SHALL BE SHARED IN ACCORDANCE WITH AND AS ALLOWED BY THE NEC. MOTOR STARTER DISCONNECTING MEANS (OR VFD) ELECTRICAL LEGEND: WEATHER PROOF PANELBOARD, SEE PANELBOARD SCHEDULE GROUND FAULT DUPLEX RECEPTACLE, 120 VOLT, MOUNT @ 36" AFF TO THE CENTER, UNO AS SUFFIX TO RECEPTACLES: PLC MOTOR CONTROLLER WITH ACCESSIBLE DISCONNECT MOTOR GENERAL NOTES 1. ALL WORK SHALL CONFORM TO THE LATEST NATIONAL ELECTRICAL CODE, STATE CODE, & LOCAL AUTHORITY REQUIREMENTS. 2. THE CONTRACTOR SHALL VISIT THE PREMISES AND THOROUGHLY FAMILIARIZE HIMSELF WITH ALL DETAILS OF THE WORK AND WORKING CONDITIONS. VERIFY ALL FIELD CONDITIONS INCLUDING LOCATION OF UTILITY LINES AND ADVISE THE ENGINEER OF ANY DISCREPANCY THAT MAY PREVENT OR HINDER THE SPECIFIED WORK FROM BEING COMPLETED. 3. PRIOR TO ACCOMPLISHING ANY WORK IN ANY AREA, ALL WORK SHALL BE PLANNED AND COORDINATED WITH OTHER TRADES AND THE OWNER. 4. THE CONTRACTOR SHALL OBTAIN ALL REQUIRED PERMITS AND ARRANGE INSPECTIONS NECESSARY FOR THE INSTALLATION OF HIS WORK AND FURNISH THE ENGINEER WITH CERTIFICATES OF INSPECTIONS FROM ALL AUTHORITIES HAVING JURISDICTION. 5. PROPERLY SUPPORT ALL WORK AND EQUIPMENT INSTALLED UNDER THIS CONTRACT. STUDY ALL DRAWINGS, MANUFACTURER'S INSTRUCTIONS, AND CATALOG DATA TO DETERMINE HOW EQUIPMENT ACCESSORIES, AND RELATED ITEMS ARE TO BE SUPPORTED, MOUNTED, OR SUSPENDED. PROVIDE ALL BOLTS, INSERTS, BRACKETS, STRUCTURAL SUPPORTS, AND ACCESSORIES FOR PROPER SUPPORT OF EQUIPMENT FURNISHED UNDER THIS CONTRACT. 6. PROVIDE GREEN EQUIPMENT GROUNDING CONDUCTOR WITH ALL FEEDER AND BRANCH CIRCUITS. 7. THE CONTRACTOR SHALL USE DIMENSION PLANS FOR EXACT DIMENSIONS INCLUDED ELSEWHERE IN BID SET. DO NOT SCALE THESE PLANS. 8. ALL WORK SHALL BE PERFORMED BY A LICENSED ELECTRICAL CONTRACTOR. 9. ALL ELECTRICAL EQUIPMENT SHALL BE UL LABELED WHERE CATEGORY EXISTS FOR SUCH EQUIPMENT. OTHER THIRD PARTY LABELS ACCEPTABLE TO THE LOCAL INSPECTOR MAY BE USED. 10. THE CONTRACTOR FURNISHING ANY EQUIPMENT AND/OR SYSTEMS SHALL BE FULLY RESPONSIBLE FOR CONTROLS OF ITS EQUIPMENT INCLUDING ALL DESIGN, DEVICES, WIRING, CONDUITS, COMMISSIONING THE SYSTEM ETC. THE CONTRACTOR SHALL COORDINATE WHAT'S WOULD BE EXPECTED BY THE OWNER DURING BIDDING PERIOD AND INCLUDE THE COST IN HIS BID. AS REQUIRED PER MFR. EQUIPMENT DIMENSION NO BOTTOM PANEL PROVIDE BITUMIOUS COATING ON PIPE EMBEDED IN CONCRETE 3000 PSI CONCRETE 3" GALVANIZED STEEL PIPE GALVANIZED HARDWARE 4'-0"3'-0"AS REQUIRED PER MFR.EQUIPMENT DIMENSION2'-6" 1'-6" RAINSHIELD FABRICATED OF 1/8" ALUMINUM WELD ALL JOINTS CAP 12"6"SCALE: NTS3TYPICAL EQUIPMENT RACK DETAILS TVSS 4-3/0, 1#6G IN 2"C COMPACTOR-1 3#10,1#10G IN 3/4"C 4-3/0 AWG IN 2"C 4-3/0 AWG IN 2"C #6 GND BARE CU IN 3/4"C 3#10,1#10G IN 3/4"C START E-STOP REV. LOAD CENTER "LC-AB" 208/120V 1∅,3W 30A MCB PANEL "LA" 100A, 3PH,4W, 100A MCB 208Y/120V 10 KAIC NEMA-3RD T #6G 3#10,1#10G IN 3/4"C 3#10,1#10G IN 3/4"C 3#10,1#10G IN 3/4"C 3#10,1#10G IN 3/4"C 3#10,1#10G IN 3/4"C 15 COMPACTOR-2 3#10,1#10G IN 3/4"C START E-STOP REV. LOAD CENTER "LC-AB" 208/120V 1∅,3W 30A MCB 15 COMPACTOR-3 3#10,1#10G IN 3/4"C START E-STOP REV. LOAD CENTER "LC-AB" 208/120V 1∅,3W 30A MCB PANEL "EX" 100A, 1PH,3W, 90A MCB 208Y/120V 10 KAIC 4#6, 1#10G IN 1"C 4#2, 1#8G IN 1 1/2"C F0R EXISTING ATTENDANT BOOTH ATTENDANT BOOTH AT COMPACTOR-1 ATTENDANT BOOTH AT COMPACTOR-2 ATTENDANT BOOTH AT COMPACTOR-3 30KVA 480-208Y/120V IN NEMA-3R ENCL WEATHERED BY UTILITY COMPANY PRIMARY FEEDER AND CONDUIT BY UTILITY COMPANY EXISTING HIGH VOLTAGE POWER LINES ACROSS THE STREET; COORDINATE WITH UTILITY COMPANY TO OBTAIN THE 480V, 3 PHASE POWER 3#8,1#10G IN 3/4"C DISCONNECT SWITCH MOTOR PROPOSED OVERHEAD HIGH VOLTAGE 3-PHASE LINE BY UTILITY COMPANY EXISTING UTILITY POLE OWNED BY UTILITY COMPANY UTILITY COMPANY SCOPE ELECTRICAL CONTRACTOR'S SCOPE NOTE THAT EXISTING ELECTRICAL SERVICE TO THE EXISTING ATTENDANT BOOTH IS 240/120V, 1 PHASE, 3 WIRES. ONCE TEH NEW SERVICE IS ESTABLISHED, THE EXISTING SERVICE SHALL BE REMOVED AND EXISTING LOAD CENTER WILL BE FED FROM NEW SERVICE AS SHOWN IN PANEL SCHEDULES. CLUSTER OF TRANSFORMERS BY UTILITY COMPANY MANUAL TRANSFER SWITCH 225A, 3P 480V 22 KAIC NEMA-3R 4-3/0, 1#6G IN 2"C GENERATOR 150KVA C.B. 3/4"X10' GROUND ROD 4-3/0, 1#6G IN 2"C #6G BOND TWO SERVICES WITH #6G 20A,120V, G, WP SERVICE RECEPTACLE; CKT- LA-12 U:\Projects GTC\Year 2021 Projects\2021-002 High Rock Road Recycling\Drawings\Electrical Plan.dwg March 26, 2021 3:51:56 PMDESIGNED BY: DRAWN BY: CHECKED BY: SCALE: DATE: PROJECT NUMBER: REVISIONS R00592-213N 03/26/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTERORANGE COUNTY, NORTH CAROLINAEngineering Surveying Environmental ServicesNCSU Centennial Campus930 Main Campus Drive, Suite 151Raleigh, NC 27606919-827-0864 Fax: 919-839-8138www.daa.comNC Firm License # C-0861Virginia Beach, VAHampton Roads, VAFayetteville, NCCharlottesville, VABlacksburg, VARichmond, VANorthern Virginia03-26-21 GreenTech Consulting, Inc. Voice . 919 . 608 . 2412 Cary , N.C. 27511 1155 Kildaire Farm Road, Suite 206 Plumbing, Mechanical, Electrical Engineers Sustainable & LEED Design Services hsura@greentc.com IGNE N REE SRT NOPRO F E H C L IL S IO N A NAA RO HE MA N T C .SURAGREENTECH LICENSE # C-2720 HCS HCS HCS AS SHOWN DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 SCALE: 1"=20'-0"1 ELECTRICAL SITE PLAN 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 020 20 40 20 10 H I G H R O C K R O A D 6 0 ' P U B L I C ( R /W S R 1 3 4 3 ) COMPACTOR-#3 MDP-13/15/17 15 HP LOAD CENTER "LC-CA" 1 2 KEYED NOTES- ELECTRICAL COMPACTOR SHALL HAVE "PLC CONTROLLER" WITH ACCESSIBLE DISCONNECTING MEANS. PRIOR TO PROCUREMENT OR ROUGH-IN EC SHALL REVIEW COMPACTOR'S SHOP DRAWINGS AND THEIR EXACT REQUIREMENTS. ATTENDANT BOOTH IS A PREFAB BOOTH. THE CONTRACTOR SHALL PROVIDE AND WIRE FOLLOWING: (1)- LOAD CENTER WITH MAIN BREAKER AND BRANCH BREAKERS AS PER ELECTRICAL SCHEDULE (1)- THRU-THE WINDOW HEAT PUMP UNIT SHIPPED LOOSE BY PREFAB COMPANY; INSTALL ANE WIRE AS PER MFR. INSTRUCTIONS AND PER NEC. (1)- 6-20R RECEPTACLE FOR HVAC UNIT PLUG IN (1)- 3' SURFACE MOUNT LED WRAP WITH WALL SWITCH OCCUPANCY SENSOR (2)- WALL DUPLEX RECEPTACLES, 20A, 120V WITH BACKBOX, WHITE FIELD LOCATE ALL ITEMS PER PREFAB STRUCTURE LAYOUT. TOILET FACILITY IS ADDED. THE CONTRACTOR SHALL PROVIDE AND WIRE FOLLOWING: (1)- THRU THE WALL EXHAUST FAN, 70 CFM AS MFR: BY BROAN MODEL- NUTONE-70 OR EQUAL BY OTHERS, 120V, 1∅ (1)- 2' SURFACE MOUNT LED WRAP WITH WALL SWITCH OCCUPANCY SENSOR, ALSO CONTROLS THE EXHAUST FAN FIELD LOCATE ALL ITEMS PER PREFAB STRUCTURE LAYOUT. ELECTRICAL EQUIPMENT RACK (PROVIDE LENGTH AS REQD. FOR ACCOMMODATING AL EQUIPMENT): A.200A,3P,480V, 200AF, SERVICE RATED, NEAM-3R DISCONNECT C.MANUAL TRANSFER SWITCH, 225A, 3 POLE, NEMA-3R D.MAIN DISTRIBUTION PANEL "MDP", 200A, 480V, 3PH, 4W, NEMA-3R E.STEP-DOWN TRANSFORMER, 30 KVA, 480-208Y/120V, 3 PHASE, NEMA-3R F.PANEL "LA", 100A, 208Y/120V, 3 PH, 4W, NEMA-3R G.20A,120V, GFI, WP RECEPTACLE NEAR MDP LOCATION OF EXISTING 240/120V, 1 PHASE SERVICE. REMOVE AFTER TRANSITION TO NEW SERVICE. POWER FOR WELL PUMP (2 HP, 208V, 1∅)- WELL PUMP SHALL BE FURNISHED WITH ITS CONTROLS. PROVIDE 30A, NEMA-3R NON-FUSED DISCONNECT. FIELD LOCATE EXACT LOCATION. GENERATOR- 150KVA, 480/277V, 3 PHASE, STANDBY, SKID MOUNT DIESEL TANK FOR 24 HOURS; AS MANUFACTURED BY KOHLER MODEL- 150REOZJF IN WEATHERPROOF ENCLOSURE. 200A MAIN BREAKER. COMPLETE WITH BATTERIES, JACKET WATER HEATER, CONTROLS ETC. OR EQUAL BY ONAN OR GENERAC COMPACTOR-#2 MDP-7/9/11 15 HP LOAD CENTER "LC-BA" 1 2 COMPACTOR-#1 MDP-1/3/5 15 HP LOAD CENTER "LC-AB" 1 2 3EXISTING BOOTH EXISTING SHADE 5 1 2 3 4 5 6 6 UGE UGEUGE UGEUGEUGEUGEUGEUGEUGEUGEUGE UGE UGE UGE LOCATION OF WELL EXISTING LOCATION OF 240V/120V SERVICE LOCATION OF 480V, 3 PHASE SERVICE 4 7 GENERATOR 7 UGEUGELA-8/10 LA-6 LA-4 U:\Projects GTC\Year 2021 Projects\2021-002 High Rock Road Recycling\Drawings\Electrical Plan.dwg March 26, 2021 3:53:00 PMDESIGNED BY: DRAWN BY: CHECKED BY: SCALE: DATE: PROJECT NUMBER: REVISIONS R00592-213N 03/26/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTERORANGE COUNTY, NORTH CAROLINAEngineering Surveying Environmental ServicesNCSU Centennial Campus930 Main Campus Drive, Suite 151Raleigh, NC 27606919-827-0864 Fax: 919-839-8138www.daa.comNC Firm License # C-0861Virginia Beach, VAHampton Roads, VAFayetteville, NCCharlottesville, VABlacksburg, VARichmond, VANorthern Virginia03-26-21 GreenTech Consulting, Inc. Voice . 919 . 608 . 2412 Cary , N.C. 27511 1155 Kildaire Farm Road, Suite 206 Plumbing, Mechanical, Electrical Engineers Sustainable & LEED Design Services hsura@greentc.com IGNE N REE SRT NOPRO F E H C L IL S IO N A NAA RO HE MA N T C .SURAGREENTECH LICENSE # C-27201 inch = ft. ( IN FEET ) GRAPHIC SCALE 020 20 40 20 10 HCS HCS HCS AS SHOWN DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 U:\Projects GTC\Year 2021 Projects\2021-002 High Rock Road Recycling\Drawings\Electrical Plan.dwg March 26, 2021 3:54:31 PMDESIGNED BY: DRAWN BY: CHECKED BY: SCALE: DATE: PROJECT NUMBER: REVISIONS R00592-213N 03/26/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTERORANGE COUNTY, NORTH CAROLINAEngineering Surveying Environmental ServicesNCSU Centennial Campus930 Main Campus Drive, Suite 151Raleigh, NC 27606919-827-0864 Fax: 919-839-8138www.daa.comNC Firm License # C-0861Virginia Beach, VAHampton Roads, VAFayetteville, NCCharlottesville, VABlacksburg, VARichmond, VANorthern Virginia03-26-21 GreenTech Consulting, Inc. Voice . 919 . 608 . 2412 Cary , N.C. 27511 1155 Kildaire Farm Road, Suite 206 Plumbing, Mechanical, Electrical Engineers Sustainable & LEED Design Services hsura@greentc.com IGNE N REE SRT NOPRO F E H C L IL S IO N A NAA RO HE MA N T C .SURAGREENTECH LICENSE # C-2720 HCS HCS HCS AS SHOWN DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 GENERAL PROVISIONS PART 1 - GENERAL 1.1 CODES AND STANDARDS - THE LATEST EFFECTIVE PUBLICATIONS OF ALL APPLICABLE STANDARDS, CODES, ETC., AS THEY APPLY, FORM PART OF THESE SPECIFICATIONS AS IF WERE WRITTEN FULLY HEREIN AND CONSTITUTE MINIMUM REQUIREMENTS. THE FOLLOWING WILL BE REFERRED TO THROUGHOUT IN ABBREVIATED FORMS. A. NATIONAL ELECTRICAL CODE, (NFPA 70) (NEC). B. INSTITUTE OF ELECTRICAL AND ELECTRONIC ENGINEERS (IEEE). C. RULES AND REGULATIONS OF LOCAL ELECTRIC UTILITY COMPANY. D. NATIONAL ELECTRICAL MANUFACTURER'S ASSOCIATION (NEMA). E. AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI). F. APPLICABLE LOCAL CODES. G. UNDERWRITER'S LABORATORIES, INC. (UL). 1.2 SCOPE OF WORK - PROVIDE ALL WORK REQUIRED FOR THIS DIVISION INCLUDING ALL LABOR, MATERIALS, EQUIPMENT, APPURTENANCES AND SERVICES TO PROVIDE COMPLETE ELECTRICAL SYSTEMS AS SHOWN ON THE DRAWINGS AND SPECIFIED IN THIS DIVISION OF THE SPECIFICATIONS. THE WORD "PROVIDE" SHALL MEAN "FURNISH AND INSTALL COMPLETE AND READY FOR USE". 1.3 THE CONTRACTOR SHALL VISIT THE SITE PRIOR TO BID TO DETERMINE THE EXTENT OF THE WORK. LACK OF KNOWLEDGE OF EXISTING CONDITIONS WILL NOT BE CONSIDERED A BASIS FOR CHANGE ORDERS. PRIOR TO ORDERING EQUIPMENT, VERIFY THAT EQUIPMENT TO BE PROVIDED UNDER THIS CONTRACT IS ACCEPTABLE AND CAN FIT INTO BLDG. AND ROOM. EXPENSE INCURRED BY THE CONTRACTOR, WHICH IN THE ENGINEER'S OPINION COULD HAVE BEEN AVOIDED BY THIS STEP, SHALL NOT BE A BASIS FOR CHANGE ORDERS. 1.4 DRAWINGS AND SPECIFICATIONS - THE DRAWINGS ARE DIAGRAMMATIC AND INDICATE THE GENERAL EXTENT, CHARACTER AND ARRANGEMENT OF EQUIPMENT, FIXTURES AND CONDUIT AND WIRING SYSTEMS. IT IS THE INTENTION OF THESE SPECIFICATIONS AND DRAWINGS TO FULLY COVER ALL WORK AND MATERIALS FOR A COMPLETE, FIRST-CLASS ELECTRICAL INSTALLATION, AND ANY DEVICES SUCH AS PULL BOXES AND DISCONNECT SWITCHES, USUALLY EMPLOYED IN THIS CLASS OF WORK, THOUGH NOT SPECIFICALLY MENTIONED OR SHOWN ON THE DRAWINGS OR IN THIS SPECIFICATION, BUT WHICH MAY BE NECESSARY FOR THE SATISFACTORY COMPLETION OF THE WORK, SHALL BE FURNISHED AND INSTALLED BY THE CONTRACTOR AS A PART OF HIS TOTAL WORK UNDER THIS DIVISION. CONSULT THE SPECIFICATIONS AND DRAWINGS OF ALL OTHER TRADES AND PERFORM ALL ELECTRICAL WORK REQUIRED THEREIN. COOPERATE WITH ALL OTHER CONTRACTORS OR SUBCONTRACTORS TO FURNISH COMPLETE WORKABLE SYSTEMS. 1.5 DURING CONSTRUCTION, KEEP AN ACCURATE RECORD OF ALL DEVIATIONS BETWEEN THE WORK AS SHOWN ON THE CONTRACT DRAWINGS AND THAT WHICH IS ACTUALLY INSTALLED ON A SET OF BLUE LINE PRINTS OF THE ELECTRICAL DRAWINGS, AND NOTE CHANGES THEREON WITH RED MARKS, IN A NEAT AND ACCURATE MANNER. WHEN ALL REVISIONS HAVE BEEN SHOWN ON THESE PRINTS TO INDICATE THE WORK AS FINALLY INSTALLED, THE PRINTS SHALL BE DELIVERED TO THE ENGINEER, BEFORE FINAL PAYMENT. 1.6 PERMITS, INSPECTION AND TESTS - THE RIGHT IS RESERVED TO INSPECT AND TEST ANY PORTION OF THE INSTALLATION/EQUIPMENT DURING THE PROGRESS OF ITS ERECTION. THIS CONTRACTOR SHALL TEST ALL WIRING FOR CONTINUITY AND GROUNDS BEFORE CONNECTING ANY FIXTURES OR DEVICES. THIS CONTRACTOR SHALL TEST THE ENTIRE SYSTEM WHEN THE WORK IS FINALLY COMPLETED TO INSURE THAT ALL PORTIONS ARE FREE FROM SHORT CIRCUITS AND GROUNDS. 1.7 SECURE AND PAY FOR ALL REQUIRED PERMITS AND INSPECTIONS. INSPECTION CERTIFICATES FROM LOCAL AUTHORITIES HAVING JURISDICTION SHALL BE DELIVERED TO THE OWNER BEFORE FINAL PAYMENT. PART 2 - PRODUCTS 2.1 MANUFACTURING STANDARDS - MATERIALS SHALL BE NEW AND APPROVED AND LABELED BY UL WHEREVER STANDARDS HAVE BEEN ESTABLISHED BY THAT AGENCY. DEFECTIVE EQUIPMENT OR EQUIPMENT DAMAGED IN THE COURSE OF INSTALLATION OR TEST SHALL BE REPLACED OR REPAIRED IN A MANNER MEETING THE APPROVAL OF THE OWNER. ALL ITEMS OF THE SAME TYPE AND RATING SHALL BE IDENTICAL. 2.2 TRADE NAMES - UNLESS SPECIFICALLY IDENTIFIED OTHERWISE, MANUFACTURERS' NAMES AND CATALOG NUMBERS INDICATED HEREIN AND ON THE DRAWINGS ARE NOT INTENDED TO BE PROPRIETARY DESIGNATIONS. THEY ARE TO INDICATE GENERAL TYPE AND QUALITY OF MATERIALS AND EQUIPMENT REQUIRED. EQUIPMENT AND MATERIALS BY OTHER MANUFACTURERS WHICH IN THE OPINION OF THE ENGINEER ARE OF EQUAL QUALITY AND WHICH WILL PRODUCE THE SAME RESULTS WILL BE CONSIDERED ACCEPTABLE. 2.3 MOTORS - MOTORS SHALL HAVE DISCONNECTING MEANS AND CONTROLLERS. CONTROLLERS SHALL HAVE THERMAL OVERLOAD PROTECTION AND PHASE OUTAGE PROTECTION RELAYS. 2.4 DISCONNECT SWITCHES AND POWER WIRING UP TO AND INCLUDING MOTOR CONNECTIONS FOR ALL EQUIPMENT PROVIDED UNDER OTHER DIVISIONS OF THIS SPECIFICATION SHALL BE INCLUDED IN THIS DIVISION. WHERE MANUAL MOTOR CONTROL SWITCHES FOR SINGLE PHASE MOTORS ARE INDICATED, THEY SHALL BE PROVIDED AND WIRED COMPLETE UNDER THIS DIVISION. MOTOR CONTROLLERS AND MOTOR STARTERS FURNISHED UNDER OTHER DIVISIONS SHALL BE SET IN PLACE AND CONNECTED TO SOURCE AND LOAD UNDER THIS DIVISION. IN GENERAL, MOTORS WILL BE PROVIDED WITH THE EQUIPMENT THEY DRIVE AND ARE NOT PART OF THIS WORK UNDER THIS DIVISION, EXCEPT THAT THEY SHALL BE CONNECTED HEREUNDER. 2.5 OBTAIN APPROVED SHOP DRAWINGS SHOWING WIRING DIAGRAMS, CONNECTION DIAGRAMS, ROUGHING-IN AND HOOKUP DETAILS, FROM OTHER INVOLVED CONTRACTORS FOR ALL EQUIPMENT AND COMPLY THEREWITH. 2.6 CONTROL, INTERLOCK, AND INTERNAL EQUIPMENT WIRING REGARDLESS OF VOLTAGE WILL BE PROVIDED BY OTHERS UNLESS SPECIFICALLY SHOWN HERE. 2.7 GROUNDING - THE ENTIRE ELECTRICAL SYSTEM, INCLUDING EQUIPMENT FRAMES, CONDUIT, SWITCHES, CONTROLLERS, WIREWAYS, NEUTRAL CONDUCTORS, AND ALL OTHER SUCH EQUIPMENT SHALL BE PERMANENTLY AND EFFECTIVELY GROUNDED IN ACCORDANCE WITH THE NEC. GROUND RODS SHALL BE COPPER CLAD STEEL, 3/4" DIAMETER BY 10'-0" LONG. GROUNDING OF EACH TRANSFORMER SECONDARY SHALL BE PROVIDED AND EACH SHALL BE CONSIDERED AS A SEPARATE SERVICE GROUND. PROVIDE A SEPARATE GROUND CONDUCTOR IN ALL BRANCH CIRCUIT CONDUITS SIZED IN ACCORDANCE WITH THE NEC. 2.8 SCHEDULE OF WORK - THE SCHEDULE OF THE ELECTRICAL WORK SHALL BE ARRANGED TO SUIT THE PROGRESS OF WORK BY THE OTHER TRADES AND SHALL IN NO WAY RETARD PROGRESS OF CONSTRUCTION OF THE PROJECT. 2.9 WORK UNDER THIS DIVISION SHALL PROCEED IN ADVANCE OF THE WORK OF OTHERS WHENEVER POSSIBLE, ELIMINATING ALL CUTTING AND PATCHING. WHEN SUCH PROCEDURE IS IMPOSSIBLE, CUTTING AND PATCHING SHALL BE DONE IN AN APPROVED MANNER. CUTTING SHALL NOT ENDANGER STRUCTURAL INTEGRITY IN ANY WAY. PATCHING SHALL EXACTLY MATCH CONTIGUOUS WORK. ACTUAL WORK OF CUTTING AND PATCHING OF EXISTING SURFACES SHALL BE PERFORMED BY THE SUBCONTRACTOR WHO ORIGINALLY PREPARED THESE SURFACES, E.G., CUTTING AND PATCHING OF MASONRY WALL WILL BE PERFORMED BY THE MASONRY SUBCONTRACTOR. COSTS OF SUCH CUTTING AND PATCHING SHALL BE BORNE BY THE ELECTRICAL SUBCONTRACTOR. CUTTING SHALL BE CAREFULLY DONE AND DAMAGE TO BUILDING, PIPING, WIRING OR EQUIPMENT AS A RESULT OF CUTTING SHALL BE REPAIRED BY SKILLED MECHANICS OF TRADE INVOLVED. 2.10 LABELING OF EQUIPMENT - ALL PANELBOARDS, CABINETS, SAFETY SWITCHES, MOTOR DISCONNECT SWITCHES, AND MOTOR CONTROLLERS SHALL BE IDENTIFIED BY MACHINE ENGRAVED LAMINATED PLASTIC DESIGNATION PLATES PERMANENTLY ATTACHED THERETO WITH SELF-TAPPING SCREWS OR RIVETS. ALL COMPONENT PARTS OF EACH ITEM OF EQUIPMENT OR DEVICE SHALL BEAR THE MANUFACTURER'S NAMEPLATE, GIVING NAME OF MANUFACTURER, DESCRIPTION, SIZE, TYPE, SERIAL AND MODEL NUMBER AND ELECTRICAL CHARACTERISTICS IN ORDER TO FACILITATE MAINTENANCE OR REPLACEMENT. 2.11 COORDINATION - COOPERATE AND COORDINATE EFFORTS WITH ALL CONTRACTORS ON THE PROJECT. THIS IS ESPECIALLY IMPORTANT IN DETERMINING EXACT LOCATIONS OF ALL SWITCHES, RECEPTACLES AND LIGHTING FIXTURES. ARRANGE LIGHTING FIXTURES IN ACCORDANCE WITH THE ARCHITECTURAL REFLECTED CEILING PLANS UNLESS OTHERWISE INDICATED. COORDINATE LIGHTING FIXTURE LOCATIONS WITH GRILLES, DIFFUSERS, ACCESS PANELS, ETC. VERIFY CEILING AND WALL CONSTRUCTION AND MATERIAL PRIOR TO ORDERING LIGHTING FIXTURES OR OTHER DEVICES TO ENSURE PROPER FIXTURE OR DEVICE IS FURNISHED TO MATCH CONSTRUCTION. THIS VERIFICATION MUST BE EXECUTED REGARDLESS OF INFORMATION PLACED ON THE DRAWINGS. ANY COST INCURRED WHICH IN THE OPINION OF THE OWNER, COULD HAVE BEEN AVOIDED BY THIS STEP SHALL BE THE RESPONSIBILITY OF THE ELECTRICAL CONTRACTOR. 2.12 GUARANTEE OF WORK - CONTRACTOR GUARANTEES BY HIS ACCEPTANCE OF THE CONTRACT THAT ALL WORK INSTALLED IS FREE FROM ANY AND ALL DEFECTS IN WORKMANSHIP AND/OR MATERIALS, AND THAT THE APPARATUS WILL DEVELOP CAPACITIES AND CHARACTERISTICS SPECIFIED, AND THAT IF, DURING THE PERIOD OF ONE YEAR OR AS OTHERWISE SPECIFIED, FROM DATE OF CERTIFICATE OF COMPLETION AND ACCEPTANCE OF THE WORK ANY SUCH DEFECTS IN WORKMANSHIP, MATERIAL OR PERFORMANCE APPEAR, HE WILL, WITHOUT COST TO THE OWNER, REMEDY SUCH DEFECTS WITHIN A REASONABLE TIME TO BE SPECIFIED IN NOTICE. IN DEFAULT THEREOF, THE OWNER MAY HAVE SUCH WORK DONE AND CHARGE COST TO CONTRACTOR. EQUIPMENT GUARANTEES FROM DATE OF "START-UP" WILL NOT BE RECOGNIZED. ELECTRICAL SPECIFICATIONS RACEWAY, FITTINGS AND BOXES A.RACEWAYS - CONDUIT SHALL BE HOT-DIPPED, ZINC COATED OR SHERARDIZED RIGID STEEL (RS), INTERMEDIATE METAL CONDUIT (IMC), ELECTRICAL METALLIC TUBING (EMT), OR SCHEDULE 40 POLYVINYL CHLORIDE (PVC). B.FLEXIBLE CONDUIT SHALL BE GALVANIZED, CONTINUOUS SPIRAL, SINGLE STRIP TYPE. FLEXIBLE CONDUIT SHALL BE COVERED WITH PVC JACKET IN WET OR DAMP LOCATIONS. PROVIDE SUITABLE FITTINGS WITH GROUND CONNECTOR. C.FITTINGS - ALL CONDUIT ENTERING OR LEAVING OUTLET, JUNCTION OR PULL BOXES, AND CABINETS AND ALL CONDUIT STUBS SHALL HAVE BUSHINGS. PROVIDE INSULATING BUSHINGS WHERE REQUIRED BY NEC. PROVIDE EXPANSION FITTINGS WITH BONDING JUMPER WHERE CONDUITS CROSS EXPANSION JOINTS. 1.FITTINGS FOR RS AND IMC SHALL BE THREADED TYPE. 2.FITTINGS FOR EMT SHALL BE THREADLESS, APPROVED FOR THE CONDITIONS ENCOUNTERED AND MAY BE CAST SETSCREW TYPE OR COMPRESSION TYPE. D.FITTINGS FOR PVC SHALL BE PVC, PRIMED AND GLUED. E.OUTLET BOXES AND JUNCTION BOXES - OUTLET BOXES SHALL BE PRESSED STEEL, ELECTRO-GALVANIZED OR CADMIUM PLATED WITH CLEAN CUT, EASILY REMOVABLE KNOCKOUTS. EXCEPT AS NOTED HEREINAFTER MINIMUM SIZE OUTLET BOX SHALL BE 4" SQUARE, 1 1/2" DEEP, AND SHALL BE INCREASED IN DIMENSIONS TO ACCOMMODATE CONDUCTORS, CONDUITS, AND DEVICES AS REQUIRED BY THE NEC. SHALLOWER BOXES MAY BE USED WHERE REQUIRED BY STRUCTURAL CONDITIONS. PROVIDE SUITABLE PLASTER-RINGS TO MATCH WALL CONSTRUCTION AND DEVICE. CEILING AND BRACKET OUTLET BOXES SHALL BE NOT LESS THAN 4" OCTAGONAL, 1 1/2" DEEP EXCEPT THAT SMALLER BOXES MAY BE USED WHERE REQUIRED BY PARTICULAR FIXTURE TO BE INSTALLED. F.NON METALLIC OUTLET BOXES MAY BE PROVIDED IN PVC RACEWAY SYSTEMS. OUTLET BOXES IN WET OR DAMP LOCATIONS SHALL BE CAST-METAL, THREADED HUB-TYPE WITH GASKETS. G.JUNCTION OR PULL BOXES NOT OVER 100 CUBIC INCHES IN VOLUME SHALL BE STANDARD OUTLET BOXES. JUNCTION BOXES OVER 100 CUBIC INCHES IN VOLUME SHALL BE CONSTRUCTED OF CODE GAGE, GALVANIZED SHEET STEEL. JUNCTION BOXES SHALL HAVE REMOVABLE COVERS AND SHALL BE ACCESSIBLE AFTER COMPLETION OF WORK. H.RACEWAY AND FITTING INSTALLATION - RUN CONDUITS CONCEALED WITHIN WALLS, ABOVE CEILINGS AND WITHIN OR BELOW FLOORS. CONDUIT SHALL BE SUPPORTED AT INTERVALS OF NOT MORE THAN 8'. RUN EXPOSED CONDUIT PARALLEL OR PERPENDICULAR TO WALLS, STRUCTURAL MEMBERS, OR INTERSECTIONS OF VERTICAL PLANES AND CEILING. I.SUPPORT CONDUITS BY PIPE STRAPS, WALL BRACKETS, STRAP HANGERS, OR CEILING TRAPEZE. J.RUN ALL CONDUITS TOGETHER AS POSSIBLE IN A NEATLY MATTER. K.DO NOT INSTALL PVC IN OR THROUGH FIRE RATED ASSEMBLIES, IN OR THROUGH ANY WALLS, IN OR THROUGH ANY CEILINGS, IN HAZARDOUS AREAS, IN AREAS SUBJECT TO SEVERE PHYSICAL DAMAGE, OR EXPOSED ANYWHERE IN THE PROJECT. CONDUCTORS A.CONDUCTORS AND INSULATION - WIRE AND CABLE SHALL BE SOFT DRAWN, ANNEALED COPPER WITH 600 VOLT COLOR CODED INSULATION. MINIMUM WIRE SIZE SHALL BE #12 AWG. INSULATION FOR CONDUCTOR SIZES #12 AND #10 SHALL BE TYPE THW OR RHW OR THHW OR THHN FOR INSTALLATION IN ORDINARY DRY LOCATIONS AND TYPE THWN FOR INSTALLATION IN WET LOCATIONS. WET LOCATIONS WILL INCLUDE SERVICE CONDUITS, CONDUIT UNDERGROUND, RACEWAYS INSTALLED IN CONCRETE FLOOR SLABS IN DIRECT CONTACT WITH THE EARTH AND RACEWAYS REGULARLY SUBJECT TO MOISTURE OR CONDENSATION. CONDUCTORS SIZES LARGER THAN #10 SHALL HAVE TYPE XHHW-2 INSULATED. CONDUCTORS NO. 8 AWG AND LARGER DIAMETER SHALL BE STRANDED. CONDUCTORS NO. 10 AWG AND SMALLER DIAMETER SHALL BE SOLID, EXCEPT THAT CONDUCTORS FOR REMOTE-CONTROL AND SIGNAL CIRCUITS, CLASSES 1, 2, AND 3, MAY BE STRANDED. B.BRANCH CIRCUIT CONDUCTORS IN FLUORESCENT FIXTURE RACEWAYS AND DROPS TO SINGLE FLUORESCENT FIXTURES SHALL BE TYPE THHN OR XHHW. C.METAL CLAD (MC) CABLE SHALL BE ALLOWED FOR BRANCH CIRCUITING 20A, 120V OR LESS. D.PROVIDE A SEPARATE GROUND CONDUCTOR IN ALL RACEWAYS SIZED IN ACCORDANCE WITH THE NEC. E.JOINTS AND TERMINATIONS - FOR CONDUCTORS #12 AND #10 ALL FIXTURE AND BRANCH CIRCUITS JOINTS IN JUNCTION AND OUTLET BOXES SHALL BE MADE WITH UL LISTED PRESSURE TYPE CONNECTORS RATED AT 600 VOLTS AND 105 DEGREES C. CONNECTORS SHALL BE IDEAL INDUSTRIES "WING-NUT" OR BUCHANNAN "B-CAP", 3M "SCOTCH-LOK" CONNECTORS OR EQUAL. WIRE #8 AND LARGER SHALL BE JOINED OR TERMINATED WITH SOLDERLESS PRESSURE CONNECTORS PROPERLY TAPED IN LAYERS TO FORM A MOISTURE-TIGHT JOINT. WIRING DEVICES A.WIRING DEVICES SHALL BE "SPECIFICATION GRADE" AS MANUFACTURED BY GENERAL ELECTRIC, SLATER (MEDALIST), ARROW-HART, BRYANT, HUBBELL OR PASS & SEYMOUR. B.DUPLEX CONVENIENCE RECEPTACLES SHALL BE STAINLESS STEEL, 20 AMPERE, 125 VOLTS, 2 POLE, 3 WIRE NEMA AND ASA STANDARD, GROUNDING TYPE. C.GROUND FAULT CIRCUIT INTERRUPTING RECEPTACLES SHALL CONFORM TO NEC, SHALL BE UL LISTED, IVORY PLASTIC, SHALL HAVE A "PUSH-TO-TEST" BUTTON AND VISIBLE INDICATION OF A TRIPPED CONDITION. D.ON FINISHED WALLS, PLATES SHALL BE SATIN FINISHED TYPE 302, ALLOY 18-8 STAINLESS STEEL WITH BEVELED EDGES. SAFETY SWITCHES A.SAFETY SWITCHES - SAFETY SWITCHES SHALL BE RATED AT 240 OR 600V AS SHOWN WITH NUMBER OF POLES AND CURRENT RATING AS INDICATED. SWITCHES SHALL BE FUSED OR NON-FUSED TYPE AS INDICATED, NEMA TYPE GD OR HD AS REQUIRED, WITH FULL COVER INTERLOCKS AND QUICK-MAKE, QUICK-BREAK MECHANISM. PANELBOARDS A.PANELBOARDS - REFER ELECTRICAL PLANS AND SCHEDULES B. PROVIDE TYPEWRITTEN DIRECTORY CARD, CARD HOLDER, TRANSPARENT PROTECTION AND COMPLETE IDENTIFYING DATA ON INSIDE OF DOOR. SCALE: NTS2DRY TYPE TRANSFORMER GROUNDING DETAIL SCALE: NTS1PANELBOARD MOUNTING AND MIN. REQUIRED CLEARANCE DETAIL GROUNDING CONDUCTOR GROUND BUS NEUTRAL BUS CONDUIT BONDING PHASE CONDUCTORS BOND TO BUILDING STEEL DRY TYPE TRANSFORMER 480Y / 277V 3PH, 4W PHASE CONDUCTORS CONDUIT BONDING NEUTRAL BUS GROUND BUS 3 3 4 3 3 1 2 3 VOLTAGE TO GROUND, NOMINAL 0-150 151-600 CONDITION: TABLE "A" - WORKING CLEARANCES MIN. CLEAR DISTANCE (FT) 3 1/2 EXCLUSIVELY DEDICATED SPACE 6 1/2 ' MINIMUMTHIS DI S T A N C E SEE T A B L E ' A' ALL ELECTRIC EQUIPMENT PANELBOARD NOTE: THIS FIGURE ILLUSTRATES THE WORKING SPACE IN FRONT OF ELECTRIC EQUIPMENT REQUIRED BY SECTION 110-26 (a) OF THE NATIONAL ELECTRIC CODE. WHERE THE CONDITIONS ARE AS FOLLOWS: 1. EXPOSED LIVE PARTS ON ONE SIDE AND NO LIVE OR GROUNDED PARTS ON THE OTHER SIDE OF THE WORKING SPACE, OR EXPOSED LIVE PARTS ON BOTH SIDES EFFECTIVELY GUARDED BY INSULATING MATERIALS. INSULATED WIRE OR INSULATED BUSBARS OPERATING AT NOT OVER 300 VOLTS SHALL NOT BE CONSIDERED LIVE PARTS. 2. EXPOSED LIVE PARTS ON ONE SIDE AND GROUNDED PARTS ON THE OTHER SIDE. 3. EXPOSED LIVE PARTS ON BOTH SIDES OF THE WORK SPACE (NOT GUARDED AS PROVIDED IN CONDITION 1) WITH THE OPERATOR BETWEEN. NOTE: THIS INCLUDES BUT IS NOT LIMITED TO PANELBOARDS, SAFETY SWITCHES, MOTOR STARTERS, JUNCTION BOXES AND OTHER ELECTRIC EQUIPMENT. 30" OR WIDTH OF EQUIPMENT IF EQUIPMENT IS WIDER THAN 30". DOES NOT HAVE TO BE CENTERED ON THE EQUIPMENT BUT AT LEAST EVEN WITH ONE EDGE. EQUIPMENT DOOR SHALL BE ABLE TO OPEN AT LEAST 90 DEG.U:\Projects GTC\Year 2021 Projects\2021-002 High Rock Road Recycling\Drawings\Electrical Plan.dwg March 26, 2021 4:08:22 PMDESIGNED BY: DRAWN BY: CHECKED BY: SCALE: DATE: PROJECT NUMBER: REVISIONS R00592-213N 03/26/2021HIGH ROCK ROAD WASTE AND RECYCLYING CENTERORANGE COUNTY, NORTH CAROLINAEngineering Surveying Environmental ServicesNCSU Centennial Campus930 Main Campus Drive, Suite 151Raleigh, NC 27606919-827-0864 Fax: 919-839-8138www.daa.comNC Firm License # C-0861Virginia Beach, VAHampton Roads, VAFayetteville, NCCharlottesville, VABlacksburg, VARichmond, VANorthern Virginia03-26-21 GreenTech Consulting, Inc. Voice . 919 . 608 . 2412 Cary , N.C. 27511 1155 Kildaire Farm Road, Suite 206 Plumbing, Mechanical, Electrical Engineers Sustainable & LEED Design Services hsura@greentc.com IGNE N REE SRT NOPRO F E H C L IL S IO N A NAA RO HE MA N T C .SURAGREENTECH LICENSE # C-2720 HCS HCS HCS AS SHOWN DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598 DocuSign Envelope ID: BBF56E0A-3618-497E-AA70-92F097E8F598