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HomeMy WebLinkAbout2023-661-E-Hamlett Associates-RFP5399 - Whitted Stormwater Improvements Project Revised 04/23 1 [Departmental Use Only] TITLE Whitted Stormwater RFP5399 FY 2023-2024 NORTH CAROLINA CONSTRUCTION AGREEMENT OVER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 15th day of November, 2023, by and between Hamlett Asscoiates, 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 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 Summit Design and Engineering Servics (Sheet C-1 Cover Sheet, C-2 Existing Conditions, C-3 Site & Utility Plan, C-4 Site & Utility Plan - Building A, C-5 Site & Utility Plan - Building B, C-6 Site & Utility Plan - Recreation Building, L-1 Landscape Plan, L-2 Landscape Details, D-1 Site Details, D-2 Storm Drainage Details, D-3 Waterproofing Details, D-4 Accessible Ramp Details, D-5 & D-6 Erosion Control Details dated 9/2/2020) DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 2 b. Written specifications prepared by the Designer. c. Hamlett Associates, Inc. proposal dated October 26, 2023 which fully describes the work to be performed, such work (hereinafter called the “Work”). 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 15, 2023. 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 th at will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all Contractor, Subcontractor, and Sub-subcontractor errors or omissions, in the performance of the Agreement together with the errors and omissions of any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 3 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, 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 representati ve having the authority of the Project Manager and by such other representatives as the Designer ma y 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 Six Hundred Seventy-Five Thousand Dollars ($675,000.00). 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. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 4 (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 PO Box 8181, Hillsborough, NC 27278 and shall show substantially the value of work done during the previous calendar month. (ii) The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the mont h. 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 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 i ncurring 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 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 5 Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the Agreement. 6. NON–APPROPRIATION a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public funds are unavailable 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 n ot 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 Hamlett Associates, Inc Attn: A. Barnes Attn: Michael Craig P.O. Box 8181 3704 Security Mills Road Hillsborough, NC 27278 Climax, NC 27233 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 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 6 of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and any code or law. d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor’s expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Designer under this section shall be paid at Contractor’s expense. e. The County has designated (Angel Barnes) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. f. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. g. In the event of a breach by Contractor Owner has sole authority to determine the reasonableness of Contractor’s actions to remedy such breach or complete the performance of its obligations. h. Upon request of the Owner, the Contractor shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation and if such request is made final compensation shall not be due until all relevant documentation is received, reviewed, and approved by Owner. 9. CONSEQUENTIAL DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: (i) Damages incurred by Owner for loss of use, income, financing, or business. (ii) Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. 10. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice -to-Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials, and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement or General Conditions shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: _________________________________ Bonnie Hammersley, County Manager By: __________________________________ Michael Craig, President Printed Name and Title DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 11/15/2023 11/15/2023 11/15/2023 Revised 04/23 8 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Hamlett Associates, Inc Vendor Contact Person: Michael Craig (michael@hamlettai.com) Phone: 336.292.7280 Address: 3704 Security Mills Road City Climax State: NC Zip: 27233 Department: AMS Amount: $675,000.00 Purpose: RFP5399 - Whitted Stormwater Improvements Project Budget Code(s): 61370035-880000-10028 Vendor # 68305 Vendor Status with NCSOS: Current-Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 11/15/2023 End Date 5/15/2023 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: 11/14/2023); Made or Administered by AMS Signature Authority - BOCC Express Delegation (Agenda Date: 11/14/2023) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: 10028) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state wor k on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been comple ted. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specification s, 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 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: DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 11/15/2023 11/15/2023 11/15/2023 11/15/2023 Revised 04/23 9 Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Amerisure Mutual Insurance Co. Hanover Insurance Company Indian Harbor Insurance Company Amerisure Insurance Company 11/02/2023 McGriff Insurance Services Post Office Box 13941 Durham, NC 27709 919 281-4500 NC Certificate Team 919-281-4500 888-746-8761 nccertificateteam@mcgriff.com Hamlett Associates Inc 3704 Security Mills Road Climax, NC 27233-9169 23396 22292 36940 19488 A X X X PD Ded: $250 X X X CPP20853561002 01/01/2023 01/01/2024 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 D X X X X X CA20853501001 01/01/2023 01/01/2024 1,000,000 A X X X 0 X X CU20853571002 01/01/2023 01/01/2024 10,000,000 10,000,000 A N X WC20853581002 01/01/2023 01/01/2024 X 500,000 500,000 500,000 B C Leased/Rented Equipment Professional/Poll RH6892701013 PEC005813602 01/01/2023 01/01/2023 01/01/2024 01/01/2024 $500,000 Per Item Limit $1,000 Deductible $1,000,000/$2,000,000 Orange County, its officers, official agents, and employees are included as additional insured regarding General Liability and Automobile Liability if required by written/executed contract before a loss. Waiver of Subrogation applies to General Liability, Auto Liability and Workers Compensation if required by contract and where permitted by law. Umbrella follows over the General Liability, Auto Liability and Employer's Liability. Thirty (30) day notice of cancellation, except for 10 days non-payment of premium applies to the General Liability, Auto Liability and Workers Compensation policies if required by contract. Orange County Attn: Risk Management 200 South Cameron Street PO Box 8181 Hillsborough, NC 27278 1 of 1 #S33169981/M31197715 20HAMLEASSClient#: 1503132 KYW 1 of 1 #S33169981/M31197715 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 This page has been left blank intentionally. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 1 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 2 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 3 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 4 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 5 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 6 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 7 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 10 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 11 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 12 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 13 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 14 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 15 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 16 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 17 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 18 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 19 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 20 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 21 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 22 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 23 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 24 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 25 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 26 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 27 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 28 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 29 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 30 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 31 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 32 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 33 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 34 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 35 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 36 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 37 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 38 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 39 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 40 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 41 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 42 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 43 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 44 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 45 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 46 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 47 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 BID ADVERTISEMENT FOR PUBLICATION BID ADVERTISEMENT PROJECT: ITB No 367-OC5399-R: Orange County Richard E. Whitted Complex Stormwater Improvements LOCATION: 300 W. Tryon Street, Hillsborough, NC 27278 Orange County will receive sealed proposals (Bid 367-OC5399-R) in the office of Orange County Finance and Administrative Services, 131 W. Margaret Lane, Suite 300, Hillsborough, NC 27278 for Richard E Whitted Complex Stormwater Improvements. Improvements include a storm drainage network to collect roof drainage and rear yard drainage, foundation waterproofing along several buildings, landscaping enhancements, safety railing replacement, stone stair repair, new ADA ramp and retaining walls, dumpster corral, parking lot upgrades, building repointing at Recreation building. BID SUBMITTAL The Owner will consider single-prime (all trades) bids as listed below. The provisions of North Carolina General Statutes 143-128, including guidelines for single-prime contracting and minority business enterprise participation, shall be observed in letting and executing the Work. Applicable provisions of North Carolina General Statutes Chapter 87 shall be observed in the receiving of bids and awarding of contracts. No bids may be withdrawn for a period of 60 days following the opening of bids. The Owner reserves the right to reject any and all bids and to waive minor informalities and irregularities. Bid Date: Thursday, October 19, 2023 Bid Time: 2:00 pm, local time, for single-prime (all trades) bids only. Sealed proposals will be received until 2:00 P.M. on October 19, 2023, in the office of Orange County Finance and Administrative Services, 131 West Margaret Lane, Suite 300, Hillsborough, North Carolina 27278, Attn: Jovana Amaro, Purchasing Agent for the construction/renovation of the following: Richard E Whitted Complex Stormwater Improvements. Bids will be publicly opened and read starting at 2:00 p.m. at 131 West Margaret Lane, Hillsborough, NC 27278. PRE-BID CONFERENCE A non-mandatory pre-bid conference will be held at the project site on October 12, 2023, at 10:00 a.m., local time. All prospective bidders are encouraged to attend. This pre-bid meeting will be held on-site at the address listed below: Richard E. Whitted Complex 300 West Tryon Street Hillsborough, NC 27278 Meet in the GRAVEL Parking lot. In accordance with General Statute GS 133-3, Specifications may list one or more preferred brands as an alternate to the base bid in limited circumstances. Specifications containing a preferred brand alternate under this section must identify the performance standards that support the preference. Performance standards for the preference must be approved in advance by the Owner in an open meeting. Any alternate approved by the Owner shall be approved only where (i) the preferred alternate will provide cost savings, maintain or improve the functioning of any process or system affected by the preferred item or items, or both, and (ii) a justification identifying these criteria will be made available in writing to the public. Interested bidders and vendors may obtain a copy of the pertinent sections of the specifications and performance standards by contacting the Orange County Capital Projects Manager. DOCUMENTS Electronic bidding documents, consisting of drawings, specifications, instructions, and forms, may be obtained on Monday, October 9, 2023, after 9:00 a.m. by sending an email of interest to Orange County Capital Projects Manager Angel Barnes at abarnes@orangecountync.gov SUBMITTAL Bid security shall be submitted with each bid in the amount of 5 percent of the bid amount. No bids may be withdrawn for the period of sixty (60) days. The Owner reserves the right to reject any and all bids and to waive minor informalities and irregularities. Owner: Orange County, North Carolina DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Orange County Richard E. Whitted Complex Stormwater Improvements 10_9_2023 Page 1 of 5 FORM OF PROPOSAL Richard E Whited Complex Stormwater Improvements Contract: ________________________ Orange County, Hillsborough NC_________________ Bidder: __________________________ _____________________________________________ Date: ____________________________ The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declares that he has examined the site of the work and the contract documents relative thereto and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The bidder further declares that he and his subcontractors have fully complied with NCGS 64, Article 2 in regards to E-Verification as required by Section 2.(c) of Session Law 2013-418, codified as N.C. Gen. Stat. § 143-129(j). The bidder proposes and agrees if this proposal is accepted to contract with the Orange County, a political subdivision of the State of North Carolina (Orange County) in the form of the contract specified below, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete the construction of Richard E. Whitted Complex Stormwater Improvements in full in complete accordance with the plans, specifications, and contract documents, to the full and entire satisfaction of Orange County and Summit Design and Engineering Services with a definite understanding that no money will be allowed for extra work except as set forth in the General Conditions and the contract documents, for the sum of: SINGLE PRIME CONTRACT: Base Bid: ___________________________________________________ Dollars($)_____________________ General Subcontractor Plumbing Subcontractor: ________________________ Lic___________ ________________________ Lic___________ Mechanical Subcontractor: Electrical Subcontractor: ________________________ Lic___________ ________________________ Lic___________ GS143-128(d) requires all signal 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 into a contract for the complete performance of the bid work, or (ii) with the approval of the awarding authority for good cause shown by the contractor. Alternates: Should any of the alternates as described in the contract documents be accepted, the amount written below shall be the amount to be “added to” or “deducted from” the base bid. (Strike out “Add” or “Deduct” as appropriate.) No Bid Alternates DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Orange County Richard E. Whitted Complex Stormwater Improvements 10_9_2023 Page 2 of 5 Unit Prices: Estimated quantities for each item below as defined in Section 01 22 00, of the Project Specifications Manual shall be considered to have already been included within the base bid amount proposed above. The unit prices provided below shall be applied as appropriate, to compute the total value of changes in the scope of work in the event that the quantity of actua l work performed is more than or less than the estimated quantity. Unit prices quoted and accepted shall apply throughout the life of the contract, except as otherwise specifically noted. Unit prices shall be applied, as appropriate, to compute the total value of changes in the base bid quantity of the work in accordance with the contract documents. GENERAL CONTRACT: No. 1 _________________________________________ _____ Unit Price ($) __________________ No. 2 _________________________________________ _____ Unit Price ($) __________________ No. 3 _________________________________________ _____ Unit Price ($) __________________ No. 4 _________________________________________ _____ Unit Price ($) __________________ No. 5 _________________________________________ _____ Unit Price ($) __________________ The bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in a written ord er of the design and shall fully complete all work thereunder within the time specified in the Supplementary General Conditions Art icle 23. Applicable liquidated damages amount is also stated in the Supplementary General Conditions Article 23. No Unit Prices MINORITY BUSINESS PARTICIPATION REQUIREMENTS Provide with the bid – Under GS 143-128.2(c) the undersigned bidder shall identify on its bid (identification of Minority Business Participation Form) the minority businesses that it will use on the project with the total dollar value of the bids that will be performed by the minority businesses. Also list the good faith efforts (Affidavit A) made to solicit minority participation in the bid effort. NOTE: A contractor that performs all of the work with its own workforce may submit an Affidavit (B) to that effect in lieu of Affidavit (A) required above. The MB Participation Form must still be submitted even if there is zero participation. After the bid opening – The Owner will consider all bids and alternates and determine the lowest responsible, responsive bidder. Upon notification of being the apparent low bidder, the bidder shall then file within 72 hours of the notification of being the apparent lowest bidder, the following: An Affidavit (C) that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the 10% goal established. This affidavit shall give rise to the presumption that the bidder has made the required good faith effort and Affidavit D is not necessary; *OR* If less than the 10% goal, Affidavit (D) of its good faith effort to meet the goal shall be provided. The document must include evidence of all good faith efforts that were implemented, including any advertisements, solicitations and other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract. All contractors are hereby notified that they must have proper license as required under the state laws governing their respe ctive trades. General contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina, will be observed in receiving and awarding general contracts. General contractors submitting bids on this project must have license classification for “Unlimited Building” or “Unclassified,” required by the NC General Contractors Licensing Board under G.S. 87-1.) Note: Bidders must always submit with their bid the Identification of Minority Business Participation Form listing all MB contractors, vendors and suppliers that will be used. If there is no MB participation, then enter none or zero on the form. Affidavit A or Affidavit B, as applicable, also must be submitted with the bid. Failure to file a required affidavit or documentation with the bid or after being notified apparent low bidder is grounds for rejection of the bid. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Orange County Richard E. Whitted Complex Stormwater Improvements 10_9_2023 Page 3 of 5 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, and 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. No proposal may be withdrawn after the scheduled closing time for the receipt of Bids for a period of ninety (90) days. 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) Addendum received and used in computing bid: Addendum No. 1 _______ Addendum No. 3 _______ Addendum No. 5 _______ Addendum No. 7 _______ Addendum No. 2 _______ Addendum No. 4 _______ Addendum No. 6 _______ Addendum No. 8 _______ DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Orange County Richard E. Whitted Complex Stormwater Improvements 10_9_2023 Page 4 of 5 Additional Information 1. The anticipated notice to proceed date is November 13, 2023. Substantial completion is May 8, 2024. Final Completion shall occur 30 days after substantial completion. 2. Permits & Fees – Prime contractor is responsible for permits and fees for the necessary work for the project. 3. No temporary construction trailer is required. The section in the specifications can be disregarded. 4. Noise Restrictions – See Town of Hillsborough code. 5. HVAC Units – There are two small freestanding HVAC units in the courtyard that will be in the way of the waterproofing. The contractor shall coordinate with Orange County as to when the HVAC units can be taken offline/moved. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Orange County Richard E. Whitted Complex Stormwater Improvements 10_9_2023 Page 5 of 5 Checklist for Items to be returned with the sealed bid. All items listed below must be returned with your bid package.  Contractor’s Completed and Signed Form of Proposal  Living Wage Contractor Policy  E-Verify Affidavit  Orange County Nondiscrimination Certification  Supplemental Vendor Information: Historically Underutilized Businesses  MB Participation Forms  Bid Bond  Safety Questionnaire DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 1 [Departmental Use Only] TITLE TEMPLATE FY 2023-2024 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 th e 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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 Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. 4. STANDARD OF CARE AND DUTIES OF CONTRACTOR a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all Contractor, Subcontractor, and Sub-subcontractor errors or omissions, in the performance of the Agreement together with the errors and omissions of any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. f. If activities related to the performance of this Agreement require specific licenses, DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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 ma y direct. k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor. Any Work in which untested materials are used without written approval or written permission of the Owner or Designer shall be removed and replaced at Contractor’s expense. l. The Contractor shall obtain all necessary permits including all permits required to complete the Work in compliance with local, state, and federal law. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed Dollars ($ ). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s Representative, generally the Designer if a Designer is retained on the Work, a Request for Payment for work done during the previous calendar month. (i) The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner’s Representative at and shall show substantially the value of work done during the previous calendar month. (ii) The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 4 Owner on or before the last business day of the mont h. 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 i ncurring 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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 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 Contrac tor. 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 8 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Vendor Contact Person: Phone: Address: City State: Zip: Department: Amount: Purpose: Budget Code(s): Vendor # Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date End Date Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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. Services related to this agreement have already begun or been comple ted. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specification s, 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 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: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 1 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 2 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 3 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 4 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 5 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 6 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 7 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 10 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 11 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 12 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 13 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 14 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 15 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 16 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 17 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 18 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 19 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 20 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 21 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 22 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 23 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 24 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 25 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 26 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 27 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 28 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 29 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 30 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 31 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 32 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 33 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 34 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 35 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 36 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 37 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 38 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 39 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 40 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 41 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 42 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 43 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 44 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 45 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 46 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 47 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Revised 04/23 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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 County’s 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 County shall submit to the County’s representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager’s Office Acknowledged Receipt by: ____________________________________________________ Company Name: ____________________________________________________________ Date: ___________________________________________________________________ DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 143B-1361(a), 143-48 and 143-128.4, the County invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFP/RFQ. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at (919) 807- 2330. The Vendor shall respond to question #1 and #2 below. 1) Is Vendor a Historically Underutilized Business? Yes No 2) Is Vendor Certified with North Carolina as a Historically Underutilized Business? Yes No If so, state HUB classification: ____________________________________________________________ DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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, includ ing 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 a nd 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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 Stat e 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 B idder 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 l owest 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 (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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 (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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Orange County Minimum Insurance Coverage Requirements Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county. Coverage Low Risk Profile Standard Risk Profile High Risk Profile Specialty Encroachment Premises Lease Commercial General Liability Products/Completed Operation Explosion, Collapse & Underground (XCU) $1,000,000/$2,000,000 Per accident As above $1,000,000/$2,000,000 As Above If any, Limit to be determined. $1,000,000/$2,000,000 As above If any, TBD. $1,000,000* As Above If any, TBD. $1,000,000 $1,000,000 Automobile Liability $1,000,000 (CSL) Per occurrence $1,000,000* $1,000,000* $1,000,000* N/A N/A **Workers’ Compensation Statutory Statutory Statutory Statutory N/A Statutory **Employer’s Liability 100/500/100 500/500/500* 500/500/500 500/500/500* N/A 100/500/100 ** Waiver of Subrogation on WC Required if available Required if available Required Required N/A N/A Umbrella Liability $1,000,000 $2,000,000 $2,000,000+ $9,000,000+ N/A N/A Professional Liability may be required on a risk profile depending on nature of services provided by contract. Coverage required for professional service such as accountant, attorney, architect, design, engineering, health care and most consultants. $1,000,000 per occurrence $1,000,000 TBD TBD N/A N/A Sexual Misconduct (Sexual Abuse/Molestation) may be required for contractors working directly one-on- one with children and elderly or in overnight sheltering capacities. $1,000,000/$2,000,000 $1,000,000/$2,000,000 TBD TBD N/A TBD Cyber Liability may be required for contractors having access to personal identifying information, and/or computer networks. $1,000,000/$2,000,000 TBD TBD TBD N/A Environmental/Pollution Liability required if demolition, use of N/A $1,000,000 $1,000,000+* $1,000,000+* N/A N/A DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Orange County Minimum Insurance Coverage Requirements Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county. hazardous material or environmentally sensitive Fidelity Bond (loss of money or other property due to dishonest acts). Only for contracts such as Banking, Janitorial, Fundraising, TPA’s and similar, ETA TBD Amount depends on exposure to loss TBD TBD N/A N/A Other Coverage As required TBD TBD TBD TBD N/A N/A Bid, Performance & Payment Bonds TBD TBD TBD TBD N/A N/A *A combination of Umbrella/Excess and primary limit may be used to provide coverage for the amount shown. ** Workers’ Compensation is required if the contractor/vendor has employees. Owner Waiver is acceptable for a Sole Proprietor. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Orange County Richard E. Whitted Complex Stormwater Improvements 10/19/2023 1 | P a g e ADDENDUM 2 ADDENDUM Date: October 19, 2023 PROJECT: Orange County Bid No. 367-OC-5399 Orange County Richard E Whitted Complex Stormwater Improvements , located at 300 W. Tryon Street, Hillsborough, NC 27278. OWNER Orange County 300 West Tryon Street Hillsborough, NC 27278 ENGINEER: Summit Design & Engineering Services 320 Executive Court Hillsborough, NC 27278 This addendum shall be included in the contract for the above-referenced project. All General, Supplementary, and Special Conditions, etc., as originally specified or as modified below shall apply to these items. General Information: 1. The 15” storm drain piping is to be either HDPE or RCP. The sealed bid due date has not changed from Addendum 01. Sealed proposals will be received until 2:00 P.M. on October 26, 2023, in the office of Orange County Finance, 131 West Margaret Lane, Hillsborough, North Carolina 27278, Attn: Orange County Purchasing for the construction/renovation of the following: Richard E Whitted Complex Stormwater Improvements. Bids will be publicly opened and read starting at 2:30 p.m. at 131 West Margaret Lane, Hillsborough, NC 27278, Meeting Room 302. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Orange County Richard E. Whitted Complex Stormwater Improvements 10/12/2023 1 | P a g e ADDENDUM 1 ADDENDUM Date: October 12, 2023 PROJECT: Orange County Bid No. 367-OC-5399 Orange County Richard E Whitted Complex Stormwater Improvements , located at 300 W. Tryon Street, Hillsborough, NC 27278. OWNER Orange County 300 West Tryon Street Hillsborough, NC 27278 ENGINEER: Summit Design & Engineering Services 320 Executive Court Hillsborough, NC 27278 This addendum shall be included in the contract for the above-referenced project. All General, Supplementary, and Special Conditions, etc., as originally specified or as modified below shall apply to these items. Attachments: 1. Bid Bond Form General Information: 1. Please note on the “Form of Proposal” the anticipated schedule is listed as: Notice to Proceed – November 13, 2023 Substantial Completion – May 8, 2024 Final Completion shall occur 30 days after substantial completion. 2. Liquidated Damages: Liquidated damages shall be in accordance with the contract documents. If the contract documents do not otherwise address liquidated damages, such damages shall be in the amount of five hundred dollars ($500.00) per day. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Orange County Richard E. Whitted Complex Stormwater Improvements 10/12/2023 2 | P a g e 3. Examination of Bid Documents: All bidders are expected to fully examine and familiarize themselves with the drawings, specifications, and existing conditions. All bidders shall read the scope of the bid package. Any questions or clarifications shall be directed to the architect. No allowances will be made after the bids are received for any oversight due to failure to examine the documents. 4. Identification of HUB Certified/Minority Business Participation All bidders are expected to fully examine and follow the HUB Certified/Minority Participation. Contractors shall pay close attention to all documents and ensure that the requirements are being followed on all pages. 5. Substitutions: Substitutions or approvals of “Equals” will only be accepted if approved by the Architect in writing at least seven (7) days prior to the receipt of bids: October 19, 2023. 6. Technical Questions: Technical questions should be submitted to the Architect as soon as possible by phone or preferred email. Don Server Don.Sever@summitde.net (919) 322.0155 x 3239 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Orange County Richard E. Whitted Complex Stormwater Improvements 10/12/2023 3 | P a g e 7. Architect’s brief description of the project: Description: The Orange County Whitted Complex is located at 300 W. Tryon Street, Hillsborough North Carolina. The proposed improvements to the site include: • Accessible Ramp & Parking Addition • Safety Fencing • Flume Removal • Gravel Parking • Landscaping • Repair Stone Stairs • Dumpster Corral • Drainage Improvements • Grassed Swale • Waterproofing • Brick Veneer Repointing The sealed bid due date HAS changed. This will allow all bidders the required 10 days for the HUB Certified/Minority Business Participation. Sealed proposals will be received until 2:00 P.M. on October 26, 2023, in the office of Orange County Finance, 131 West Margaret Lane, Hillsborough, North Carolina 27278, Attn: Orange County Purchasing for the construction/renovation of the following: Richard E Whitted Complex Stormwater Improvements. Bids will be publicly opened and read starting at 2:30 p.m. at 131 West Margaret Lane, Hillsborough, NC 27278, Meeting Room 302. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 WHITTED COMPLEX BYDATEREVISIONS132456PROJECT NO. SHEET NO.PROJECT ENGINEER/ARCHITECTPROJECT MANAGERDRAWN BY7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEXHILLSBOROUGH, NC, 27278300 WEST TRYON STSITE PLANCreatively Inspired - Technically ExecutedLicense #: P-0339320 Executive CourtHillsborough, NC 27278-8551Voice: (919) 732-3883 Fax: (919) 732-6676www.summitde.netFIRST ISSUE DATEMGA (MALLORY.ARMFIELD@SUMMITDE.NET)09-02-2020MGA (MALLORY.ARMFIELD@SUMMITDE.NET)ENGINEERING, INC.Know what's below. before you dig.Call R CONTRACTOR SHALL NOTIFY "NC811" (811) OR (1-800-632-4949) AT LEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTION OR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED. CONTRACTOR SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDE THEIR OWN LOCATOR SERVICES INDEPENDENT OF "NC811". REPORT ANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY. SITE DEVELOPMENT PLANS HILLSBOROUGH, NC 27278 N 300 WEST TRYON STREET FOR VICINITY MAP NOT TO SCALE EXISTING CONDITIONS AND DEMOLITION PLAN C-3 C-2 C-1COVER SHEET SHEET INDEX SITE & UTILITY PLAN - BUILDING B C-5 SITE & UTILITY PLAN C-4SITE & UTILITY PLAN - BUILDING A N OWNER ORANGE COUNTY ANGEL BARNES CAPITAL PROJECTS MANAGER 131 WEST MARGARET LANE HILLSBOROUGH, NC 27278 (919) 245-2628 ABARNES@ORANGECOUNTYNC.GOV 20-0014_CS C-1 COVER SHEETSITE LOCATION MAP NOT TO SCALE ENGINEER CONTACT SUMMIT DESIGN & ENGINEERING SERVICES DON SEVER, P.E. 320 EXECUTIVE COURT HILLSBOROUGH, NC 27278 (919) 732-3883 (PHONE) (919) 732-6676 (FAX) DON.SEVER@SUMMITDE.NET SITE PARCEL PIN: 9864-87-8123 DB 259 PG 38 PB 2 PG 58 ZONING : HI 5.72 ACRES SITE DETAILS D-1 STORM DRAINAGE DETAILS D-2 ACCESSIBLE RAMP DETAILS D-4 SITE INFORMATION PROJECT: WHITTED COMPLEX SITE ADDRESS:300 WEST TRYON ST. PIN: 9864878123 LOT ACREAGE:5.72 AC ZONING: OI LIMITS OF DISTURBANCE:25,000 SF IMPERVIOUS SURFACE AREA DEMO: 1,120 SF NEW: 933 SF NET: 187 SF DECREASE ORANGE COUNTY SOLID WASTE NOTES: 1.PRIOR TO ANY DEMOLITION OR CONSTRUCTION ACTIVITY ON THE SITE, THE APPLICANT SHALL HOLD A PRE-DEMOLITION / PRE-CONSTRUCTION CONFERENCE WITH THE COUNTY'S SOLID WASTE STAFF. THIS MAY BE THE SAME MEETING HELD WITH OTHER DEVELOPMENT OFFICIALS. 2.BY ORANGE COUNTY ORDINANCE: ALL CLEAN WOOD WASTE, SCRAP METAL AND CORRUGATED CARDBOARD PRESENT IN CONSTRUCTION WASTE, MUST BE RECYCLED. 3.BY ORANGE COUNTY ORDINANCE, ALL HAULERS OF CONSTRUCTION WASTE MUST BE PROPERLY LICENSED. 4.ANY DUMPSTER AREA GATE DESIGN WILL INCLUDE GATE RETAINERS. 5.THE USER WILL BE RESPONSIBLE FOR OPENING GATES TO DUMPSTER AREA ON COLLECTION DAYS OF ANY MATERIALS TO BE COLLECTED FROM THIS LOCATION. 6.IF ANY VEHICLES ARE PARKED IN THE REFUSE OR RECYCLABLES COLLECTION VEHICLE ACCESS AREA, THE CONTAINERS WILL NOT RECEIVE SERVICE UNTIL THE NEXT SCHEDULED COLLECTION DAY. 7.ORANGE COUNTY WILL NOT BE RESPONSIBLE FOR ANY PAVEMENT DAMAGE THAT MAY RESULT FROM SERVICE VEHICLES. 8.ORANGE COUNTY SOLID WASTE MANAGEMENT WILL PICK UP RECYCLABLES FROM ROLL CARTS. WASTE MANAGEMENT, A PRIVATE VENDOR, SHALL BE CONTRACTED WITH OWNER TO PICK UP SOLID WASTE AND CARDBOARD. GENERAL NOTES: 1.CONSTRUCTION ON THIS PROJECT SHALL BE IN ACCORDANCE WITH THE TOWN OF HILLSBOROUGH STANDARD DETAILS, CODE OF ORDINANCES AND STANDARD SPECIFICATIONS. 2.ALL SITE WORK, AT A MINIMUM, SHALL BE PERFORMED IN ACCORDANCE WITH THE 2018 NCDOT ROADWAY STANDARD DRAWINGS AND STANDARD SPECIFICATIONS FOR ROADS AND STRUCTURES UNLESS OTHERWISE NOTED OR DIRECTED. 3.CONSTRUCTION ON THIS PROJECT SHALL BE IN ACCORDANCE WITH ALL APPLICABLE AND THE MOST CURRENT TOWN, COUNTY, STATE, NCDOT AND UTILITY PROVIDER STANDARDS, SPECIFICATIONS AND BUILDING CODES. 4.UNDERGROUND UTILITIES MAY EXIST ON, ALONG OR WITHIN CONFLICT OF THIS PROJECT. THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING NC 811 OR THE APPROPRIATE UTILITY COMPANIES PRIOR TO ANY EXCAVATION. 5.THE CONTRACTOR SHALL OBSERVE ALL REQUIRED SAFETY PRECAUTIONS IN THE PERFORMANCE OF ALL WORK IN ACCORDANCE WITH OSHA. 6.THE CONTRACTOR SHALL GRADE, SEED AND SOD OR OTHERWISE PROVIDE TEMPORARY AND PERMANENT STABILIZATION OF ALL DISTURBED AREAS, ESPECIALLY SLOPES. SEE EROSION CONTROL INSTRUCTIONS, IF APPLICABLE. 7.WORK WITHIN PUBLIC RIGHT-OF-WAYS SHALL BE IN ACCORDANCE WITH ALL STATE AND LOCAL REQUIREMENTS, NOTIFICATIONS, STANDARDS AND POLICIES. 8.ANY SUBSTITUTIONS, CHANGES, OR MODIFICATIONS SHALL BE APPROVED BY THE PROJECT ENGINEER, PLANNING DEPARTMENT STAFF, AND DEVELOPER PRIOR TO INSTALLATION/CONSTRUCTION OF CORRESPONDING ITEMS. 9.THE GRADE LINES DENOTE THE FINISHED ELEVATIONS OF THE PROPOSED SURFACE. GRADE LINES MAY BE ADJUSTED AT THEIR BEGINNING, ENDING AND AT STRUCTURES AS DIRECTED BY THE ENGINEER IN ORDER TO PROVIDE A PROPER TIE-IN. CONTRACTOR SHALL FIELD VERIFY ALL PROPOSED INVERTS, FFE'S & FINISHED SURFACES TO ENSURE THAT MINIMUM SLOPE & COVER REQUIREMENTS ARE PROVIDED PRIOR TO INSTALLATION OF REFERENCED ITEMS. 10.THE EARTHWORK ON THIS PLAN DOES NOT NECESSARILY BALANCE; OFFSITE BORROW OR WASTE MAY BE REQUIRED. 11.ALL PIPE INVERTS TO BE VERIFIED IN THE FIELD PRIOR TO CONSTRUCTING GRAVITY SYSTEMS AND SHALL BE ADJUSTED BY THE ENGINEER IF NECESSARY. 12.ALL CONCRETE PIPE SHALL BE REINFORCED CLASS III, UNLESS NOTED OTHERWISE. 13.PRIOR TO BEGINNING CONSTRUCTION, THE CONTRACTOR SHALL BE RESPONSIBLE FOR ACQUIRING ALL PERMITS NECESSARY FOR CONSTRUCTION. THE CONTRACTOR SHALL READ ALL PERMITS AND ENSURE THAT CONSTRUCTION COMPLIES WITH THE PERMITS. REQUIRED PERMITS AND REVIEWS MAY INCLUDE, BUT ARE NOT LIMITED TO: CITY/COUNTY APPROVALS/PERMITS, CITY FIRE DEPARTMENT, SOLID WASTE REVIEWS, NCDOT PERMITS, DRIVEWAY PERMITS, RIGHT OF WAY ENCROACHMENT AGREEMENTS, SOIL AND EROSION CONTROL PERMITS, NCDENR PERMITS, WATER PERMITS, SEWER PERMITS, ENVIRONMENTAL PERMITS, WETLAND DISTURBANCE PERMITS, STREAM CROSSING PERMITS, POWER EASEMENT ENCROACHMENT AGREEMENTS, USACE/DWQ PERMITS, STORMWATER PERMITS, ZONING APPROVAL, AND BUILDING CODE APPROVALS/PERMITS. IF THE CONTRACTOR HAS QUESTIONS ABOUT PERMIT LANGUAGE, OR THE NEED FOR A PERMIT, HE MUST CONTACT THE DEVELOPER AND THE ENGINEER PRIOR TO BEGINNING CONSTRUCTION. PUBLIC SERVICE CONTACTS WATER:TOWN OF HILLSBOROUGH MARIE STRANDWITZ, P.E. UTILITIES DIRECTOR 105 EAST CORBIN ST HILLSBOROUGH, NC 27278 MARIE.STRANDWITZ@HILLSBOROUGHNC.GOV 919.296.9631 WATER:TOWN OF HILLSBOROUGH MARIE STRANDWITZ, P.E. UTILITIES DIRECTOR 105 EAST CORBIN ST HILLSBOROUGH, NC 27278 MARIE.STRANDWITZ@HILLSBOROUGHNC.GOV 919.296.9631 EROSION ORANGE COUNTY PLANNING CONTROL:131 W. MARGARET LN. HILLSBOROUGH, NC 27278 KENNY OWENS (919)245-2584 KOWENS@ORANGECOUNTYNC.GOV NATHAN JACOBSEN (919)245-2580 NJACOBSEN@ORANGECOUNTYNC.GOV ELECTRIC:DUKE ENERGY DONNIE CARTER 4412 HILLSBOROUGH RD DURHAM, NC 27705 (919)687-3146 TELEPHONE:CENTURYLINK (800)366-8201 GAS:PSNC ENERGY BRIAN SMITH 2541 WHILDEN DRIVE DURHAM, NC 27713 (919) 598-7454 BRIAN.SMITH@SCANA.COM ROADWAY: TOWN OF HILLSBOROUGH PUBLIC WORKS DEPARTMENT KEN HINES 101 EAST ORANGE ST HILLSBOROUGH, NC 27278 (919)296-9601 RECYCLING:ORANGE COUNTY SOLID WASTE MANAGEMENT - JEFF SCOUTEN ENVIRONMENTAL ENFORCEMENT SUPERVISOR 1207 EUBANKS ROAD CHAPEL HILL NC 27516 (919)968-2788 TOWN PLANNING/TOWN OF HILLSBOROUGH ZONING:TOM KING, AICP, CZO 101 EAST ORANGE ST HILLSBOROUGH, NC 27278 (919)296-9472 STORMWATER:TOWN OF HILLSBOROUGH HEATHER FISHER 101 EAST ORANGE ST HILLSBOROUGH, NC 27278 (919)296-9622 EROSION CONTROL DETAILS D-5-6 SITE & UTILITY PLAN - RECREATION BUILDING C-5 LANDSCAPE PLAN L-1 LANDSCAPE DETAILS L-2 TRC SUBMITTAL DATE: SEPTEMBER 2, 2020 PLAN EXPIRATION: A VESTED RIGHT PURSUANT TO G.S. 160A-385.1 AND SECTION 1.8 OF THE UNITED DEVELOPMENT ORDINANCE OF THE TOWN OF HILLSBOROUGH IS ESTABLISHED AS OF THE DATE HEREOF. UNLESS TERMINATED AT AN EARLIER DATE. THE VESTED RIGHT OF THE APPROVAL SHALL BE VALID UNTIL ________. WATERPROOFING DETAILS D-3 ENGINEER CONTACT ATLAS ENGINEERING, INC. KELLI WILCOX, P.E., RRC 551-A PYLON DRIVE RALEIGH, NC 27606 (919) 931-0961 (M) (919) 420-7676 (O) KELLI@ATLASNC.COM C-6 6 9/2/2020 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 RIM=575.6 OUT= 573.76"TCP 6"TCP6"TCPJ ORANGE COUNTY DB 104 PG 382 PIN 9864-87-8123 PB 2 PG 58 ouououououououou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou ou oe oe oe oe oe oe oe oe oe oe oe oe oe oe oe oe oe oe guy oe oe oe oe oe15"RCPCONCRETE FLUMECONCRETE FLUMEINV=576.4 BLOCK RETAINING WALL DB 259 PG 38 BERTRAM & TOWNSEND DB 5741 PG 95 PB 3 PG 97 PIN 9864874083 JOHN KIRBY DB 1013 PG 182 PIN 9864875102 JOHN HARTINGH DB 4790 PG 132 PB 3 PG 97 PIN 9864874293 ALLRED & WHITE DB 5011 PG 231 PB 3 PG 97 PIN 9864874381 ROBERT FROST DB 6120 PG 454 PB 3 PG 97 PIN 9864874481 SS SSSS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS8"PVCSS SS SS SS SS N 00°05'31" E 585.70'595600 605 610 593594596597598599601 602603604 606 607 608609 595592593594596597598 585590583584586587588589591592SL SL OUT=562.28 IN=562.39(W) RIM=566.80 UNABLE TO REMOVE METAL RIM=567.59 8"TC DEBRIS RING TO GET INVERTS S L S L 8"PVC8"TC OUT=562.72 IN=563.28(W) IN=563.28(N) RIM=567.13 SL SL8"TC S L SS8"TC8"TC S L RIM=567.86 IN=571.50(NW) IN=572.11(NE) OUT=570.08 S L uu SLSLSLSLSL SLSLSLSLSLSLSLSLSLSLSLSLSLSLSL SL SL SLSL SLSLSLS L SLSLSL SL S L SL SLSL W W W W W WWWW8"TC J CONNECTION NOT FOUND 4"TCMH MH12"TCJ ABOVE GROUND 6"CPPSHOWN AS 35' PUBLIC R/W PB 3 PG 97A.K.A. NEW HAZEL STREET30' PUBLIC R/W (VARIABLE WIDTH R/W) 588 586 584 582 589 587 585 58 1 5825815 7 6 574 573 5 7 2 572573574575576 577574 573 572 571 5 7 0 569 575 580 579 578 578 577 574 573BYDATEREVISIONS132456PROJECT NO. SHEET NO.PROJECT ENGINEER/ARCHITECTPROJECT MANAGERDRAWN BY7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEXHILLSBOROUGH, NC, 27278300 WEST TRYON STSITE PLANCreatively Inspired - Technically ExecutedLicense #: P-0339320 Executive CourtHillsborough, NC 27278-8551Voice: (919) 732-3883 Fax: (919) 732-6676www.summitde.netFIRST ISSUE DATEMGA (MALLORY.ARMFIELD@SUMMITDE.NET)09-02-2020MGA (MALLORY.ARMFIELD@SUMMITDE.NET)ENGINEERING, INC.Know what's below. before you dig.Call R CONTRACTOR SHALL NOTIFY "NC811" (811) OR (1-800-632-4949) AT LEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTION OR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED. CONTRACTOR SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDE THEIR OWN LOCATOR SERVICES INDEPENDENT OF "NC811". REPORT ANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY. 20-0014_XC C-2 EXISTNG CONDTIONS & DEMOLITIONPLAN1 inch = ft. GRAPHIC SCALE ( IN FEET ) 30 RICHARD E. WHITTED BUILDING THREE STORY BRICK TWO STORY BRICK W/ BASEMENT FFE=572.60'TWO STORY BRICK W/ BASEMENT FFE=573.60' RECREATION BUILDING TWO STORY BRICK FFE=578.62' ASPHALT PARKING W/ HANDICAP SPACES TW: 576.26' BW: 576.23' TW: 576.37' BW: 572.71' TW: 576.42' BW: 572.61' TW: 576.07' BW: 575.61' TW: 576.91' BW: 576.01' TW: 592.70' TW: 593.10'TW: 593.37' TW: 593.46'TW: 592.50' BW: 592.20'TW: 592.51' BW: 590.13' TW: 587.52' TW: 587.34' TW: 592.53' BW: 590.41' TW: 585.90'TW: 585.18' TW: 581.77' TW: 581.65' TW: 579.33' BW: 577.18' TW: 577.88' BLDG: 577.08' BLDG: 577.45' BLDG: 577.79' TW: 580.32' BW: 577.43' TW: 577.49' DROP INLET RIM: 575.55' BLDG: 577.45' BLDG: 576.91' 572.71' ELEVATOR TOWER DROP INLET RIM: 574.68' BLDG: 576.33' BLDG: 577.70' BW: 580.21'BW: 580.21' BW: 578.94' BW: 579.48' 587.18' 586.28' 585.68' 584.72' 584.10' 583.24' 582.63' 581.82' 581.20' 580.16' DROP INLET RIM: 572.23' 572.52' 572.32' DROP INLET RIM: 570.14' 570.72'570.54' 578.09' 577.37' 576.60' 575.90' 575.19' 575.12' 575.06' 577.65' 577.43' 577.23' 577.16' DEMO CONCRETE FLUME DEMO TWO INLETS AND PIPE DEMO CONCRETE FLUME REMOVE 24" SYCAMORES 18" MAPLE 4" MAPLE TREE INVENTORY NOTES: THE TREES SHOWN WITHIN THE SCOPE OF WORK THAT ARE LARGER THAN 12" DBH HAVE BEEN SHOWN ON THE PLAN. THERE ARE TWO TREES (24" DBH) NEAR THE RECREATIONAL BUILDING THAT ARE CONSIDERED A SAFETY ISSUE AND ARE BEING REMOVED AS PART OF THE PROJECT. DEMOLITION NOTES: 1.ALL DEMOLITION, TRANSPORT, AND DISPOSAL OF WASTE MATERIALS SHALL BE IN ACCORDANCE WITH ALL APPLICABLE TOWN, COUNTY, STATE AND FEDERAL REGULATIONS. 2.REGULATED MATERIALS SUCH AS ASBESTOS, LEAD, ETC. MAY EXIST ON SITE AND SHALL BE IDENTIFIED AND A PLAN FOR DEMOLITION AND DISPOSAL PRESENTED TO AND APPROVED BY THE COUNTY AND OWNERS PRIOR TO COMMENCING DEMOLITION ON CORRESPONDING STRUCTURES. 3.THE LOCATIONS OF ALL EXISTING FEATURES SHOWN ON THIS SHEET WERE PROVIDED AS PART OF THE SURVEY REFERENCED ON THIS SHEET. OTHER UNIDENTIFIED UTILITIES OR SITE FEATURES MAY EXIST AND SPECIAL CARE SHALL BE EXERCISED DURING ANY SUBGRADE WORK OR DEMOLITION TO PREVENT UNINTENDED LOSS OF SERVICE TO SURROUNDING PROPERTIES. 4.CONTRACTOR IS RESPONSIBLE FOR OBTAINING ANY PERMITS NECESSARY FOR CONSTRUCTION/DEMO. ANY DAMAGED INFRASTRUCTURE IN THE RIGHTS-OF-WAY CAUSED BY CONSTRUCTION ACTIVITIES MUST BE REPAIRED TO NCDOT STANDARDS. THIS INCLUDES, BUT IS NOT LIMITED TO UTILITIES, CURB & GUTTER, PAVEMENT, SIGNS AND ROADSIDE SWALES. 5.CONTRACTOR SHALL PROVIDE A TRAFFIC CONTROL PLAN, IF REQUIRED BY ENCROACHMENT PERMIT TO NCDOT FOR APPROVAL PRIOR TO ANY WORK WITHIN THE NCDOT RIGHT-OF-WAY. 6.ALL UTILITIES TO BE DEMOLISHED TO BE REMOVED, DISPOSED OF, AND/OR ABANDONED PER THE CORRESPONDING SERVICE PROVIDERS GUIDELINES. SURVEY / EXISTING CONDITIONS NOTES: 1.ALL BOUNDARY & TOPOGRAPHIC DATA IN AREA AFFECTED BY THIS PROJECT IS FROM FIELD RUN SURVEY COLLECTED BY RILEY SURVEYING. VERTICAL DATUM NAVD88. USGS DISK 543 ELEV. 541.77; GEOID 12A DATED JUNE 26, 2017. 2.ALL MEASUREMENTS ARE HORIZONTAL GROUND DISTANCES AND AREAS HAVE BEEN CALCULATED BY COORDINATE METHOD. 3.THIS PROPERTY IS WITHIN THE NEUSE RIVER BASIN AND THE LOWER ENO (UNPROTECTED) WATERSHED. 4.THE PARCEL IDENTIFICATION NUMBERS FOR THE SUBJECT TRACT IS 9864878123. 5.THE ASSIGNED STREET ADDRESS FOR THE SUBJECT PROPERTY IS 300 W TRYON STREET, HILLSBOROUGH, NORTH CAROLINA. 6.THE LOCATION OF UNDERGROUND UTILITIES ARE SHOWN BASED ON VISIBLE EVIDENCE AND DRAWINGS PROVIDED TO SUMMIT DESIGN. EXACT LOCATION OF UNDERGROUND UTILITIES AND STRUCTURES MAY VARY FROM THOSE SHOWN AND ADDITIONAL UNDERGROUND UTILITIES MAY EXIST. CONTACT THE APPROPRIATE UTILITY COMPANIES FOR INFORMATION REGARDING UNDERGROUND UTILITIES AND FIELD VERIFY LOCATION AND ELEVATION WHERE SUB-GRADE WORK IS TO BE CONDUCTED NEAR EXISTING UNDERGROUND UTILITIES. 7.THIS SURVEY IS IN REFERENCE TO DEED BOOK 259, PG 38, ORANGE COUNTY REGISTER OF DEEDS. 8.THE REFERENCE BEARING FOR THIS DRAWING IS BASED UPON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM. 9.THIS PROPERTY IS LOCATED WITHIN THE LIMITS OF THE TOWN OF HILLSBOROUGH, NORTH CAROLINA. 10.THIS PROPERTY IS NOT WITHIN A FLOOD HAZARD ZONE AS SHOWN ON FIRM MAP PANELS #37 10986400 K, DATED NOVEMBER 17, 2017. 11.THE CONTRACTOR SHALL MAINTAIN ANY EXISTING ACCESSES TO ADJACENT RESIDENCES, BUSINESSES AND PROPERTIES AT ALL TIMES. 12.THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ANY PERMITS NECESSARY FOR CONSTRUCTION/DEMOLITION. BLDG: 575.48' DEMO 32"X32" GRATED INLET AND REPLACE WITH 3-SIDED OPEN THROAT CATCH BASIN RIM: 589.2' DEMO 6' OF SIDEWALK; REPLACE WITH STEEL PLATE OVER NEW FLUME DEMO 3' OF SIDEWALK; REPLACE WITH METAL DECKING OVER CONCRETE FLUME 20" MAPLE DEMO STAIRS AND WALL REMOVE AND REPLACE FIRE HYDRANT EXCAVATE 1.5' VERTICAL - 10' WIDE IN FRONT OF BLOCK WALL AND FLATTEN SLOPE FOR LANDSCAPE AREA REMOVE ONE COURSE OF BLOCK WALL 5.3' SAWCUT AND REMOVE CONCRETE AND BLOCK STEPS AND REBUILD 5 STEPS WITH SIMILAR MATCHING STONE AND TREAD WIDTH & HEIGHT REMOVE AND REBUILD STONE HEADWALL THAT IS DETACHED FROM STAIRS DEMO RETAINING WALL AND TWO JOINTS OF 15" RCP DEMO HEADWALL AND TWO JOINTS OF 15" RCP DEMO CONCRETE FLUME DEMO SIDEWALK DEMO SIDEWALK CREPE MYRTLE CREPE MYRTLE 12" MAPLE REMOVE TREES WITHIN AREA OF TWO BRIDGES SELECTIVELY REMOVE 4" TREES AND SMALLER REMOVE AND REPLACE SIDEWALK AT ALL PROPOSED PIPE CROSSINGS (TYPICAL) EXISTING PIPE TO BE REMOVED EX BRIDGE EX BRIDGE UNDERGROUND UTILITY EXISTING UNDERGROUND UTILITY UNDERGROUND UTILITY UNDERGROUND UTILITY DEMO 6" ABOVE GROUND PIPE DEMO GRATE INLET 9/2/2020 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 ORANGE COUNTYDB 104 PG 382PIN 9864-87-8123PB 2 PG 58ououououououououououououououououououououoeoeoeoeoeoeoeoeoeoeoeoeoeoeoeoeoeoeguyoeoeoeoeDB 259 PG 38BERTRAM & TOWNSENDDB 5741 PG 95PB 3 PG 97PIN 9864874083JOHN KIRBYDB 1013 PG 182PIN 9864875102JOHN HARTINGHDB 4790 PG 132PB 3 PG 97PIN 9864874293ALLRED & WHITEDB 5011 PG 231PB 3 PG 97PIN 9864874381ROBERT FROSTDB 6120 PG 454PB 3 PG 97PIN 9864874481SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSS8"PVCN 00°05'31" E 585.70'EX ST-00 DIRIM=573.00'ST-1 OTRIM=573.82'P-1 ST-2 DIRIM=577.87'P-2ST-3 DIRIM=578.90'P-3ST-4 DIRIM=579.20'P-4ST-5 DIRIM=575.61'P-5ST-6 DIRIM=574.50'P-6ST-10 DIRIM=579.50'P-10ST-7 DIRIM=576.54'P-7ST-8 DIRIM=576.81'P-8ST-9 DIRIM=575.38'P-9EX P-00 595 600605610593 59 4 596597 598599 601602603604606607608609595 59 2 5935 9 4 596 597 598 585 590 583 584 586 587 588 589 591 592ST-13 OT2 SIDESRIM=578.24'EX P-13 ST-14 OT3 SIDESTOP=582.70'RIM=578.50'P-14 ST-15 OT2 SIDESRIM=578.74'P-15ST-11 OTRIM=576.54'ST-12 DIRIM=576.59'P-12EX P-1133.34%53.55% S L S LOUT=562.28IN=562.39(W)RIM=566.80UNABLE TO REMOVE METALRIM=567.598"TCDEBRIS RING TO GET INVERTSSLSL8"PVC8"TCIN=563.28(N)RIM=567.13S L SL 8"TCSL8"TC SLRIM=567.86IN=571.50(NW)IN=572.11(NE)OUT=570.08SLuuSLSLSLSLSLSLSLSL SLSLSLSLSL SLSLSLSLSLSLS L SLSLSLSLSLSLSLSLSLSLSLSLSLSLSLSLWWWWWWW W W8"TCCONNECTION NOT FOUND4"TC MHMH12"TC JVANABOVE GROUND 6"CPP 576.33'X575.48'X576.01'X575.29'X576.27'X576.33'X576.45'X575.04'X576.42'X577.04'X577.79'X577.08'X576.90'X576.63'X576.67'X576.44'X580.00'X580.00'X580.00'X579.30'X576.37'XSHOWN AS 35' PUBLIC R/W PB 3 PG 97A.K.A. NEW HAZEL STREET (VARIABLE WIDTH R/W)588586584582589587585581582 581 576574573572572 573 574575 5 7 6 5 7 7574573572571570569 575580579578578577574573 W TRYON STBuilding BBuilding ARec BuildingDUMPSTER CORRALSEE DETAIL SHEET D-1GRASSED SWALETW: 581.93'BW: 580.24'TW: 582.70'BW: 580.35'TW: 582.70'BW: 581.03'TW: 582.75'BW: 580.28'ADA RAMPSEE DETAIL SHEET D-4ADD 4" GRAVEL TOPARKING LOTAPPROX 2435 SYTWO STORY BRICKW/ BASEMENTFFE=572.60'TWO STORY BRICKW/ BASEMENTFFE=573.60'RECREATION BUILDINGTWO STORY BRICKFFE=578.62'NEW OPEN THROATCATCH BASIN (SEE D-2)3 SIDEDRIM= 589.90'INV OUT= 586.90'METAL DECKING OVERCONCRETE FLUME(SEE D-2)MAX 2% ANYDIRECTIONENTIRE PADPAVED ASPHALT ADA PARKING24' WIDE X 18' LONG (SEE D-1)WHEEL STOP (SEE D-1)ADA PARKING SIGN (SEE D-1)40' SAFETY FENCINGWATERPROOFOUTSIDE OF WALLAPPROXIMATELY 4'IN HEIGHT (SEE D-3)EXISTING BRIDGEELEV= 590.1'42 LF SAFETYFENCINGEXISTING BRIDGEELEV= 590.1'70 LF SAFETY FENCINGWATERPROOFOUTSIDE OF WALLAPPROXIMATELY 7'IN HEIGHT (SEE D-3)REPAIR VOIDUNDER SLABWATERPROOFOUTSIDE OF WALLAPPROXIMATELY 7' INHEIGHT (SEE D-3)FILL IN DEPRESSIONABOVE WEEP HOLEIN RETAINING WALL4" PVC4" PVC4" PVCNEW CONCRETEFLUME (SEE D-2)6' LONG METAL DECKINGOVER CONCRETE FLUME (SEED-2)ELEV=579.80'10'X10' GRAVELPAD 4" THICKNESSFOR PICNIC TABLEGRASSED SWALE4" PVC4" PVC18 LF SAFETYFENCINGTW: 582.70'BW: 578.80'TIE WALL INTOOPEN THROATCATCH BASINDEPRESS CENTER OFSLAB TO DRAIN TO ST-5DEPRESS CENTEROF SLAB TO DRAINTO ST-8OPEN THROATCATCH BASINREPLACE EXISTING FIREHYDRANTEXISTING WATERLINEUNDERGROUNDUTILITYUNDERGROUNDUTILITYUNDERGROUNDUTILITY5' CONCRETE SIDEWALK2- 12" CMPUNDERGROUNDUTILITIESEX. WALLCONNECT NEW 4" PVCTO EX. DOWNSPOUTSSECONDFLOORBRIDGEEX TW: 581.00'BW: 580.50'SEGMENTAL BLOCKWALL (115' LONG)GRASSED SWALE HIGHPOINT; SLOPE 1% EACHDIRECTIONGRAVELASPHALT EX ST-00 DI RIM (FL) = 573.00 INV IN = 569.80 (P-1) INV OUT = 569.70 (EX P-00) ST-1 OT RIM (FL) = 573.82 INV IN = 570.13 (P-2) INV OUT = 570.13 (P-1) ST-2 DI RIM (FL) = 577.87 INV IN = 570.44 (P-3) INV IN = 570.77 (P-7) INV OUT = 570.44 (P-2) ST-3 DI RIM (FL) = 578.90 INV IN = 570.96 (P-4) INV OUT = 570.96 (P-3) ST-4 DI RIM (FL) = 579.20 INV IN = 571.67 (P-5) INV IN = 572.89 (P-10) INV OUT = 571.67 (P-4) ST-5 DI RIM (FL) = 575.61 INV IN = 572.17 (P-6) INV OUT = 572.17 (P-5) ST-6 DI RIM (FL) = 574.50 INV OUT = 572.42 (P-6) ST-7 DI RIM (FL) = 576.54 INV IN = 571.10 (P-8) INV IN = 571.10 (P-9) INV OUT = 571.02 (P-7) ST-8 DI RIM (FL) = 576.81 INV OUT = 571.59 (P-8) ST-9 DI RIM (FL) = 575.38 INV OUT = 571.71 (P-9) ST-10 DI RIM (FL) = 579.50 INV OUT = 573.45 (P-10) ST-13 OT RIM (FL) = 578.24 INV IN = 574.80 (P-14) INV OUT = 574.70 (EX P-13) ST-14 OT RIM (FL) = 578.74 INV IN = 575.30 (P-15) INV OUT = 575.22 (P-14) ST-15 OT RIM (FL) = 578.74 INV OUT = 575.81 (P-15) ST-11 OT RIM (FL) = 576.54 INV IN = 573.85 (P-12) INV OUT = 573.60 (EX P-11) ST-12 DI RIM (FL) = 576.59 INV OUT = 573.92 (P-12)NAMEEX P-00P-1P-2P-3P-4P-5P-6P-7P-8P-9P-10LENGTH97.10'44.59'40.63'76.88'77.01'56.77'48.39'22.84'32.71'56.64'48.27'SIZE15"15"15"15"15"15"15"15"15"15"15"SLOPE2.47%0.75%0.75%0.67%0.93%0.88%0.50%1.09%1.50%1.08%1.15%STARTEX ST-00 DIEX ST-00 DIST-1 OTST-2 DIST-3 DIST-4 DIST-5 DIST-2 DIST-7 DIST-7 DIST-4 DIINVERT IN569.70569.80570.13570.44570.96571.67572.17570.77571.10571.10572.89ENDST-1 OTST-2 DIST-3 DIST-4 DIST-5 DIST-6 DIST-7 DIST-8 DIST-9 DIST-10 DIINVERT OUT567.30570.13570.44570.96571.67572.17572.42571.02571.59571.71573.45NAMEEX P-13P-14P-15LENGTH135.22'83.53'101.15'SIZE15"15"15"SLOPE5.69%0.50%0.50%STARTST-13 OTST-14 OTINVERT IN567.00574.80575.30ENDST-13 OTST-14 OTST-15 OTINVERT OUT574.70575.22575.81NAMEEX P-11P-12LENGTH147.49'10.48'SIZE15"12"SLOPE4.20%0.68%STARTST-11 OTST-11 OTINVERT IN573.60573.85ENDST-12 DIINVERT OUT567.40573.92BYDATEREVISIONS 1 3 2 4 5 6PROJECT NO.SHEET NO.PROJECT ENGINEER/ARCHITECT PROJECT MANAGER DRAWN BY 7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEX HILLSBOROUGH, NC, 27278 300 WEST TRYON ST SITE PLAN C r e a t i v e l y I n s p i r e d - T e c h n i c a l l y E x e c u t e d License #: P-0339 320 Executive Court Hillsborough, NC 27278-8551 Voice: (919) 732-3883 Fax: (919) 732-6676 www.summitde.net FIRST ISSUE DATE MGA (MALLORY.ARMFIELD@SUMMITDE.NET) 09-02-2020 MGA (MALLORY.ARMFIELD@SUMMITDE.NET) ENGINEERING, INC.Know what'sbelow.before you dig.CallRCONTRACTOR SHALL NOTIFY "NC811" (811) OR (1-800-632-4949) ATLEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTIONOR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED.CONTRACTOR SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDETHEIR OWN LOCATOR SERVICES INDEPENDENT OF "NC811". REPORTANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY.20-0014_SC-3SITE & UTILITY PLAN1 inch = ft.GRAPHIC SCALE( IN FEET )301 inch = ft.GRAPHIC SCALE( IN FEET )30TIE TOEXISTINGGRADE;MAX 3:1SLOPEGRASSED SWALE DETAILNTSGRASSED SWALESEE DETAIL- THISSHEET10'CONC.SIDEWALKSTORM DRAINAGE STRUCTURE CHARTPIPE DATA CHARTNOTE: STORM DRAINAGE PIPETO BE HDPEEXISTINGGRADE12" DEPTHNOTE:DI= DROP INLETOT= OPEN THROATFOR OPEN THROAT BOXES ADD0.83' FOR TOP ELEVATIONUNLESS OTHERWISE SHOWN9/2/2020DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 EX ST-00 DI RIM=573.00' ST-1 OT RIM=573.82'P-1ST-2 DI RIM=577.87' P-2 ST-3 DI RIM=578.90'P-3ST-4 DI RIM=579.20' P-4 ST-5 DI RIM=575.61'P-5P-6 ST-10 DI RIM=579.50' P-10 ST-7 DI RIM=576.54' P-7 ST-8 DI RIM=576.81' P-8 ST-9 DI RIM=575.38' P-9 EX P-00SLSLSLSLSLSLSL SL SL SLSL SLSL S L SL SLSL WABOVE GROUND 6"CPP576.33' 575.48'576.01' X 575.29' X 576.27' X 576.33' X 576.45'X 575.04' X 576.42'X 577.04' X 577.79' X 577.08' X 576.90'X 576.63' X 576.67'X 576.44' X 576.37' X 5 7 6 574 573 5 7 2 572573574575 576577575 578 Building A TWO STORY BRICK W/ BASEMENT FFE=573.60' METAL DECKING OVER CONCRETE FLUME (SEE D-2) REPAIR VOID UNDER SLAB WATERPROOF OUTSIDE OF WALL APPROXIMATELY 7' IN HEIGHT (SEE D-3) FILL IN DEPRESSION ABOVE WEEP HOLE IN RETAINING WALL 4" PVC 4" PVC 4" PVC NEW CONCRETE FLUME (SEE D-2) ELEV=579.80' 10'X10' GRAVEL PAD 4" THICKNESS FOR PICNIC TABLE GRASSED SWALE 4" PVC 4" PVC DEPRESS CENTER OF SLAB TO DRAIN TO ST-5 DEPRESS CENTER OF SLAB TO DRAIN TO ST-8 UNDERGROUND UTILITY UNDERGROUND UTILITY UNDERGROUND UTILITIES EX. WALL CONNECT NEW 4" PVC TO EX. DOWNSPOUTS EX ST-00 DI RIM (FL) = 573.00 INV IN = 569.80 (P-1) INV OUT = 569.70 (EX P-00) ST-1 OT RIM (FL) = 573.82 INV IN = 570.13 (P-2) INV OUT = 570.13 (P-1) ST-2 DI RIM (FL) = 577.87 INV IN = 570.44 (P-3) INV IN = 570.77 (P-7) INV OUT = 570.44 (P-2) ST-3 DI RIM (FL) = 578.90 INV IN = 570.96 (P-4) INV OUT = 570.96 (P-3) ST-4 DI RIM (FL) = 579.20 INV IN = 571.67 (P-5) INV IN = 572.89 (P-10) INV OUT = 571.67 (P-4) ST-5 DI RIM (FL) = 575.61 INV IN = 572.17 (P-6) INV OUT = 572.17 (P-5) ST-6 DI RIM (FL) = 574.50 INV OUT = 572.42 (P-6) ST-7 DI RIM (FL) = 576.54 INV IN = 571.10 (P-8) INV IN = 571.10 (P-9) INV OUT = 571.02 (P-7) ST-8 DI RIM (FL) = 576.81 INV OUT = 571.59 (P-8) ST-9 DI RIM (FL) = 575.38 INV OUT = 571.71 (P-9) ST-10 DI RIM (FL) = 579.50 INV OUT = 573.45 (P-10) ST-11 OT RIM (FL) = 576.54 INV IN = 573.85 (P-12) INV OUT = 573.60 (EX P-11) ST-12 DI RIM (FL) = 576.59 INV OUT = 573.92 (P-12) NAME EX P-00 P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-8 P-9 P-10 LENGTH 97.10' 44.59' 40.63' 76.88' 77.01' 56.77' 48.39' 22.84' 32.71' 56.64' 48.27' SIZE 15" 15" 15" 15" 15" 15" 15" 15" 15" 15" 15" SLOPE 2.47% 0.75% 0.75% 0.67% 0.93% 0.88% 0.50% 1.09% 1.50% 1.08% 1.15% START EX ST-00 DI EX ST-00 DI ST-1 OT ST-2 DI ST-3 DI ST-4 DI ST-5 DI ST-2 DI ST-7 DI ST-7 DI ST-4 DI INVERT IN 569.70 569.80 570.13 570.44 570.96 571.67 572.17 570.77 571.10 571.10 572.89 END ST-1 OT ST-2 DI ST-3 DI ST-4 DI ST-5 DI ST-6 DI ST-7 DI ST-8 DI ST-9 DI ST-10 DI INVERT OUT 567.30 570.13 570.44 570.96 571.67 572.17 572.42 571.02 571.59 571.71 573.45 EX P-11 P-12 147.49' 10.48' 15" 12" 4.20% 0.68% ST-11 OT ST-11 OT 573.60 573.85 ST-12 DI 567.40 573.92 BYDATEREVISIONS132456PROJECT NO. SHEET NO.PROJECT ENGINEER/ARCHITECTPROJECT MANAGERDRAWN BY7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEXHILLSBOROUGH, NC, 27278300 WEST TRYON STSITE PLANCreatively Inspired - Technically ExecutedLicense #: P-0339320 Executive CourtHillsborough, NC 27278-8551Voice: (919) 732-3883 Fax: (919) 732-6676www.summitde.netFIRST ISSUE DATEMGA (MALLORY.ARMFIELD@SUMMITDE.NET)09-02-2020MGA (MALLORY.ARMFIELD@SUMMITDE.NET)ENGINEERING, INC.Know what's below. before you dig.Call R CONTRACTOR SHALL NOTIFY "NC811" (811) OR (1-800-632-4949) AT LEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTION OR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED. CONTRACTOR SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDE THEIR OWN LOCATOR SERVICES INDEPENDENT OF "NC811". REPORT ANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY. 20-0014_S C-4 BUILDING ASITE & UTILITY PLAN1 inch = ft. GRAPHIC SCALE ( IN FEET ) 10 STRUCTURES DATA PIPES SCHEDULE AREA IS TO BE REGRADED TO SLOPE AWAY FROM BUILDING. INSTALL 499 SF 3' STONE MULCH WITH 165 LF STEEL EDGING AT AREAS SHOWN (SEE D-3) AREA IS TO BE REGRADED TO SLOPE AWAY FROM BUILDING. INSTALL 209 SF 3' STONE MULCH WITH 104 LF STEEL EDGING AT AREAS SHOWN (SEE D-3) WATERPROOF OUTSIDE OF WALL REPLACE JOINT SEALANT AROUND PERIMETER OF LOUVER REPAIR DAMAGED AND MISSING BRICK AND CONCRETE AT CORNER REPAIR DAMAGED CONCRETE INFILL HOLE IN BRICK BEHIND DOWNSPOUT 9/2/2020 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 ST-4 DIRIM=579.20'P-4ST-5 DIRIM=575.61'P-5ST-6 DIRIM=574.50'P-6ST-10 DIRIM=579.50'P-10ST-15 OT2 SIDESRIM=578.74'ST-11 OTRIM=576.54'ST-12 DIRIM=576.59'P-12EX P-11cwSLSLuuuuuuuuuuSL SLSLSLSLSL S L SLSLSLSLSLSLSLSLSLSLSLWWWWWWWWWW W W W W W W WMHMH12"TC 576.33'X575.48'X576.01'X575.29'X576.27'X576.33'X576.45'X575.04'X576.42'X577.04'X580.00'580.00'576.37'X584582581580579578578577574Building BBuilding ARec BuildingTWO STORY BRICKW/ BASEMENTFFE=572.60'TWO STORY BRICKW/ BASEMENTFFE=573.60'RECREATION BUILDINGTWO STORY BRICKWATERPROOFOUTSIDE OF WALLAPPROXIMATELY 7'IN HEIGHT (SEE D-3)REPAIR VOIDUNDER SLABWATERPROOFOUTSIDE OF WALLAPPROXIMATELY 7' INHEIGHT (SEE D-3)FILL IN DEPRESSIONABOVE WEEP HOLEIN RETAINING WALL6' LONG METAL DECKINGOVER CONCRETE FLUME (SEED-2)ELEV=579.80'10'X10' GRAVELPAD 4" THICKNESSFOR PICNIC TABLEGRASSED SWALE4" PVC4" PVCDEPRESS CENTER OFSLAB TO DRAIN TO ST-5DEPRESS CENTEROF SLAB TO DRAINTO ST-8OPEN THROATCATCH BASINUNDERGROUNDUTILITYUNDERGROUNDUTILITYUNDERGROUNDUTILITYCONNECT NEW 4" PVCTO EX. DOWNSPOUTSEX GRASSED SWALE HIGHPOINT; SLOPE 1% EACHDIRECTION ST-4 DI RIM (FL) = 579.20 INV IN = 571.67 (P-5) INV IN = 572.89 (P-10) INV OUT = 571.67 (P-4) ST-5 DI RIM (FL) = 575.61 INV IN = 572.17 (P-6) INV OUT = 572.17 (P-5) ST-11 OT RIM (FL) = 576.54 INV IN = 573.85 (P-12) INV OUT = 573.60 (EX P-11) ST-12 DI RIM (FL) = 576.59 INV OUT = 573.92 (P-12)P-4P-5P-677.01'56.77'48.39'15"15"15"0.93%0.88%0.50%ST-3 DIST-4 DIST-5 DI570.96571.67572.17ST-4 DIST-5 DIST-6 DI571.67572.17572.42EX P-11P-12147.49'10.48'15"12"4.20%0.68%ST-11 OTST-11 OT573.60573.85ST-12 DI567.40573.92P-1048.27'15"1.15%ST-4 DI572.89ST-10 DI573.45NAMELENGTHSIZESLOPESTARTINVERT INENDINVERT OUT ST-6 DI RIM (FL) = 574.50 INV OUT = 572.42 (P-6) ST-7 DI ST-10 DI RIM (FL) = 579.50 INV OUT = 573.45 (P-10)BYDATEREVISIONS 1 3 2 4 5 6PROJECT NO.SHEET NO.PROJECT ENGINEER/ARCHITECT PROJECT MANAGER DRAWN BY 7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEX HILLSBOROUGH, NC, 27278 300 WEST TRYON ST SITE PLAN C r e a t i v e l y I n s p i r e d - T e c h n i c a l l y E x e c u t e d License #: P-0339 320 Executive Court Hillsborough, NC 27278-8551 Voice: (919) 732-3883 Fax: (919) 732-6676 www.summitde.net FIRST ISSUE DATE MGA (MALLORY.ARMFIELD@SUMMITDE.NET) 09-02-2020 MGA (MALLORY.ARMFIELD@SUMMITDE.NET) ENGINEERING, INC.Know what'sbelow.before you dig.CallRCONTRACTOR SHALL NOTIFY "NC811" (811) OR (1-800-632-4949) ATLEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTIONOR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED.CONTRACTOR SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDETHEIR OWN LOCATOR SERVICES INDEPENDENT OF "NC811". REPORTANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY.20-0014_SC-5BUILDING B SITE & UTILITY PLAN1 inch = ft.GRAPHIC SCALE( IN FEET )10STRUCTURES DATAPIPES SCHEDULEAREA IS TO BE REGRADED TOSLOPE AWAY FROMBUILDING. INSTALL 322 SF 3'STONE MULCH WITH 128 LFSTEEL EDGING AT AREASSHOWN (SEE D-2)AREA IS TO BE REGRADED TOSLOPE AWAY FROMBUILDING. INSTALL 165 SF 3'STONE MULCH WITH 55 LFSTEEL EDGING AT AREASSHOWN (SEE D-3)AREA IS TO BE REGRADED TOSLOPE AWAY FROMBUILDING. INSTALL 341 SF 3'STONE MULCH WITH 119 LFSTEEL EDGING AT AREASSHOWNWATERPROOF OUTSIDE OF WALL9/2/2020DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 SHOWN AS 35' PUBLIC R/W PB 3 PG 97ouououououououoeoe oeoeoeoeoeoeoeoeoeoeoeoeguyRIM=577.415"RCPRIM=577.0IN=574.8OUT=574.7IN=592.7IN=592.7FFE=578.62CONCRETE SIDEWALK 590.2 (SECOND FLOOR BRIDGE)590.3 (SECOND FLOOR BRIDGE)A.K.A. NEW HAZEL STREET GRAVEL PARKING LOTguy579.95SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS8"PVC 576.2575.8N 00°05'31" E 585.70'RIM=574.50'5 9 5 5 9 6 5 97 598ST-13 OT2 SIDESRIM=578.24'EX P-13 ST-14 OT3 SIDESTOP=582.70'RIM=578.50'P-14 ST-15 OT2 SIDESRIM=578.74'P-15ST-11 OTRIM=576.54'ST-12 DIRIM=576.59'P-12EX P-11cw33.34%53.55%uuuuuuuuuuSLSLSLSLSLSLSLSLSLSLSLWWWWWW W W W W W W W WWW WW12"TC JVAN580.00'X580.00'X580.00'X579.30'XSHOWN AS 35' PUBLIC R/W PB 3 PG 97A.K.A. NEW HAZEL STREET 588586584582589587585581580578577Rec BuildingTW: 581.93'BW: 580.24'TW: 582.70'BW: 580.35'TW: 582.70'BW: 581.03'TW: 582.75'BW: 580.28'ADA RAMPSEE DETAIL SHEET D-4RECREATION BUILDINGTWO STORY BRICKFFE=578.62'MAX 2% ANYDIRECTIONENTIRE PADPAVED ASPHALT ADA PARKING24' WIDE X 18' LONG (SEE D-1)WHEEL STOP (SEE D-1)ADA PARKING SIGN (SEE D-1)40' SAFETY FENCINGWATERPROOFOUTSIDE OF WALLAPPROXIMATELY 4'IN HEIGHT (SEE D-3)EXISTING BRIDGEELEV= 590.1'42 LF SAFETYFENCINGEXISTING BRIDGEELEV= 590.1'70 LF SAFETY FENCINGWATERPROOFOUTSIDE OF WALLAPPROXIMATELY 7'6' LONG METAL DECKINGOVER CONCRETE FLUME (SEED-2)18 LF SAFETYFENCINGTW: 582.70'BW: 578.80'TIE WALL INTOOPEN THROATCATCH BASINOPEN THROATCATCH BASINREPLACE EXISTING FIREHYDRANTEXISTING WATERLINEUNDERGROUNDUTILITY5' CONCRETE SIDEWALKSECONDFLOORBRIDGEEX TW: 581.00'BW: 580.50'SEGMENTAL BLOCKWALL (115' LONG)GRASSED SWALE HIGHPOINT; SLOPE 1% EACHDIRECTION ST-13 OT RIM (FL) = 578.24 INV IN = 574.80 (P-14) INV OUT = 574.70 (EX P-13) ST-14 OT RIM (FL) = 578.74 INV IN = 575.30 (P-15) INV OUT = 575.22 (P-14) ST-15 OT RIM (FL) = 578.74 INV OUT = 575.81 (P-15) ST-11 OT RIM (FL) = 576.54 INV IN = 573.85 (P-12) INV OUT = 573.60 (EX P-11) ST-12 DI RIM (FL) = 576.59 INV OUT = 573.92 (P-12)NAMEEX P-13P-14P-15LENGTH135.22'83.53'101.15'SIZE15"15"15"SLOPE5.69%0.50%0.50%STARTST-13 OTST-14 OTINVERT IN567.00574.80575.30ENDST-13 OTST-14 OTST-15 OTINVERT OUT574.70575.22575.81NAMEEX P-11P-12LENGTH147.49'10.48'SIZE15"12"SLOPE4.20%0.68%STARTST-11 OTST-11 OTINVERT IN573.60573.85ENDST-12 DIINVERT OUT567.40573.92BYDATEREVISIONS 1 3 2 4 5 6PROJECT NO.SHEET NO.PROJECT ENGINEER/ARCHITECT PROJECT MANAGER DRAWN BY 7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEX HILLSBOROUGH, NC, 27278 300 WEST TRYON ST SITE PLAN C r e a t i v e l y I n s p i r e d - T e c h n i c a l l y E x e c u t e d License #: P-0339 320 Executive Court Hillsborough, NC 27278-8551 Voice: (919) 732-3883 Fax: (919) 732-6676 www.summitde.net FIRST ISSUE DATE MGA (MALLORY.ARMFIELD@SUMMITDE.NET) 09-02-2020 MGA (MALLORY.ARMFIELD@SUMMITDE.NET) ENGINEERING, INC.Know what'sbelow.before you dig.CallRCONTRACTOR SHALL NOTIFY "NC811" (811) OR (1-800-632-4949) ATLEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTIONOR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED.CONTRACTOR SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDETHEIR OWN LOCATOR SERVICES INDEPENDENT OF "NC811". REPORTANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY.20-0014_SC-6REC BUILDING SITE & UTILITY PLAN1 inch = ft.GRAPHIC SCALE( IN FEET )10STRUCTURES DATAPIPES SCHEDULEAREA IS TO BE REGRADED TOSLOPE AWAY FROMBUILDING. INSTALL 530 SF 3'STONE MULCH WITH 170 LFSTEEL EDGING AT AREASSHOWN (SEE D-3)GRASSED SWALESEE DETAIL; THISSHEETRECBUILDINGGRASSED SWALE DETAILNTSSEGMENTALBLOCK WALLHEIGHT VARIES,SEE PLANEXISTINGGRADE5'5'MAX 3:1SLOPEPROVIDE HIGH POINT AT CLEANOUT THENSLOPE DITCH 1% EACH WAY TO ST-14 ANDST-15BLOCK WALL SECTIONNTSFINISHED GRADE8" MINIMUM COMPACTED GRANULARLEVELING PAD. MINIMUM WIDTH SHALLEQUAL FACING UNIT WIDTH + 12".DESIGN HEIGHT 4' MAX.12" THICK CLEAN CRUSHEDDRAINAGE STONE)4" CAP UNIT8" MIN. LOW PERMEABLE SOIL4" PERFORATED PIPE. MAX.DISTANCE OF 40' BETWEENOUTLETS8" FACING UNITFACING OFFSET0.25" - 1.0"/BLOCK8"EXISTING GRADEFILTER FABRICAPPROXIMATE LIMITSOF EXCAVATIONNOTES:1.RETAINING WALLS ARE REQUIRED TO BEINTEGRALLY TINTED AN EARTH TONE BROWNCOLOR.WATERPROOF OUTSIDE OF WALLMAINTAIN 580'ELEVATIONALONGBUILDINGREPAIR DAMAGEDBRICK AND TUCKPOINT CRACKEDMORTAR NEAR TOP OF DOORPERFORM EXTERIOR BRICKREPAIR WORK SCOPE ANDINTERIOR JOINT SEALANTREPLACEMENT AT SOUTH ELEVATION9/2/2020DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 ORANGE COUNTY DB 104 PG 382 PIN 9864-87-8123 PB 2 PG 58 ouououououououou ou ou ou ou ou ou ou ou ou ou ou ou oe oe oe oe oe oe oe oe oe oe oe oe oe oe oe oe oe oe guy oe oe oe oe DB 259 PG 38 BERTRAM & TOWNSEND DB 5741 PG 95 PB 3 PG 97 PIN 9864874083 JOHN KIRBY DB 1013 PG 182 PIN 9864875102 JOHN HARTINGH DB 4790 PG 132 PB 3 PG 97 PIN 9864874293 ALLRED & WHITE DB 5011 PG 231 PB 3 PG 97 PIN 9864874381 ROBERT FROST DB 6120 PG 454 PB 3 PG 97 PIN 9864874481 SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS8"PVCN 00°05'31" E 585.70'33.34%53.55%SL SL OUT=562.28 IN=562.39(W) RIM=566.80 UNABLE TO REMOVE METAL RIM=567.59 8"TC DEBRIS RING TO GET INVERTS S L S L 8"PVC8"TC IN=563.28(N) RIM=567.13 SL SL8"TC S L 8"TC S L RIM=567.86 IN=571.50(NW) IN=572.11(NE) OUT=570.08 S LSLSLSLSLSLSLSLSLSLSLSLSLSL SLSLSLSLSLSLSL SL SL SLSL SLSLSLS L SLSLSL SL S L SL SLSL 8"TC CONNECTION NOT FOUND 4"TCMH MH12"TCJVAN ABOVE GROUND 6"CPPSHOWN AS 35' PUBLIC R/W PB 3 PG 97A.K.A. NEW HAZEL STREET(VARIABLE WIDTH R/W) W TRYON ST Building B Building A Rec Building TWO STORY BRICK W/ BASEMENT FFE=572.60' TWO STORY BRICK W/ BASEMENT FFE=573.60' RECREATION BUILDING TWO STORY BRICK FFE=578.62'BYDATEREVISIONS132456PROJECT NO. SHEET NO.PROJECT ENGINEER/ARCHITECTPROJECT MANAGERDRAWN BY7DRAWING NAME: 20-0014WHITTED COMPLEXHILLSBOROUGH, NC, 27278300 WEST TRYON STSITE PLANCreatively Inspired - Technically ExecutedLicense #: P-0339320 Executive CourtHillsborough, NC 27278-8551Voice: (919) 732-3883 Fax: (919) 732-6676www.summitde.netFIRST ISSUE DATEDAS (DON.SEVER@SUMMITDE.NET)MGA (MALLORY.ARMFIELD@SUMMITDE.NET)06-08-2020MGA (MALLORY.ARMFIELD@SUMMITDE.NET)ENGINEERING, INC.Know what's below. before you dig.Call R CONTRACTOR SHALL NOTIFY "NC811" (811) OR (1-800-632-4949) AT LEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTION OR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED. CONTRACTOR SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDE THEIR OWN LOCATOR SERVICES INDEPENDENT OF "NC811". REPORT ANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY. 20-0014_LS L-1 LANDSCAPE PLAN1 inch = ft. GRAPHIC SCALE ( IN FEET ) 30 GENERAL LANDSCAPING NOTES: 1.LANDSCAPE CONTRACTOR SHALL HAVE ALL UNDERGROUND UTILITIES LOCATIONS LOCATED PRIOR TO INSTALLING PLANT MATERIAL. 2.CONTRACTOR SHALL COMPLY WITH SIZING AND GRADING STANDARDS OF THE LATEST EDITION OF THE "AMERICAN STANDARD FOR NURSERY STOCK" BY THE AMERICAN ASSOCIATION OF NURSERYMEN (AAN). 3.CONTRACTOR SHALL NOT PLANT NEW PLANT MATERIAL IN CRITICAL ROOT ZONES OF EXISTING TREES TO BE SAVED AND PROTECTED ON SITE. 4.ALL AREAS DISTURBED BY CONSTRUCTION SHALL BE RESODDED WITH SIMILAR GRASSES. STEEL EDGING (TYP.) STEEL EDGING (TYP.) STEEL EDGING (TYP.) STEEL EDGING (TYP.) LAWN AREA LAWN AREA LAWN AREA LAWN AREA LAWN AREA LAWN AREA SHOVEL EDGE (TYP.) 48 LM 48 LM 8 AR 9 IVN 30 IVN 14 IVN 4 IVN 5 IVN 9 IVN 15 PF 34 PF 16 PF 4 PF REGRADE AREA - SEE DETAIL A. REGRADE AREA - SEE DETAIL A. DETAIL A - LANDSCAPING & SLOPE IMPROVEMENTS GRAVEL ASPHALT 9/2/2020 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 BYDATEREVISIONS132456PROJECT NO. SHEET NO.PROJECT ENGINEER/ARCHITECTPROJECT MANAGERDRAWN BY7DRAWING NAME: 20-0014WHITTED COMPLEXHILLSBOROUGH, NC, 27278300 WEST TRYON STSITE PLANCreatively Inspired - Technically ExecutedLicense #: P-0339320 Executive CourtHillsborough, NC 27278-8551Voice: (919) 732-3883 Fax: (919) 732-6676www.summitde.netFIRST ISSUE DATEDAS (DON.SEVER@SUMMITDE.NET)MGA (MALLORY.ARMFIELD@SUMMITDE.NET)06-08-2020MGA (MALLORY.ARMFIELD@SUMMITDE.NET)ENGINEERING, INC.20-0014_LS L-2 LANDSCAPE DETAILSGENERAL LANDSCAPING NOTES: 1.LANDSCAPE CONTRACTOR SHALL HAVE ALL UNDERGROUND UTILITIES LOCATIONS LOCATED PRIOR TO INSTALLING PLANT MATERIAL. 2.CONTRACTOR SHALL COMPLY WITH SIZING AND GRADING STANDARDS OF THE LATEST EDITION OF THE "AMERICAN STANDARD FOR NURSERY STOCK" BY THE AMERICAN ASSOCIATION OF NURSERYMEN (AAN). 3.CONTRACTOR SHALL NOT PLANT NEW PLANT MATERIAL IN CRITICAL ROOT ZONES OF EXISTING TREES TO BE SAVED AND PROTECTED ON SITE. SCHEDULE FOR PLANT HOLE SIZE 6"12"30" OR GREATER 5" TO 30"4"8" YXBARE ROOT, CONTAINER OR BALL SIZE X Y LOOSEN SOIL ON SIDES AND BOTTOM OF PLANTING HOLE BACKFILL SOIL AS IN NOTES EXISTING SOIL LEVEL 3" SAUCER 3" TRIPLE SHREDDED HARDWOOD MULCH SHRUB PLANTING NOTES PRUNING - CLEANLY PRUNE DAMAGED BRANCHES AND ROOTS AT THIS TIME. ADDITIONAL PRUNING SHOULD BE ONLY FOR SHAPING PURPOSES. PLANTING - ALL SYNTHETIC MATERIALS SHOULD BE REMOVED FROM THE ROOTS, TRUNK OR CROWN OF THE PLANT. THE ROOT BALL MEDIUM SHOULD BE SHAKEN GENTLY FROM THE ROOT BALL IF IT IS A SOILESS MIXTURE. LOOSEN AND SPREAD THE ROOTS IN THE PLANTING HOLE. DAMAGED ROOTS AND ROOTS WHICH ENCIRCLE THE TRUNK SHOULD BE CLEANLY PRUNED. SET THE PLANT SO THAT IT WILL BE AT ITS ORIGINAL DEPTH OR SLIGHTLY ABOVE THE EXISTING GRADE. BACKFILL WITH SOIL FROM THE HOLE. TAMP AND WATER THE SOIL TO PREVENT AIR POCKETS. DO NOT AMEND THE SOIL AT THIS TIME EXCEPT TO ADJUST THE PH. STAKING - STAKE ONLY LARGER PLANTS THAT WILL CATCH THE WIND. EVERGREENS MAY NEED ATTENTION WHERE DECIDUOUS PLANTS DO NOT. WATERING - THE BACKFILL AND ROOTS OF ALL NEWLY SET PLANT MATERIAL SHOULD BE WATERED AS BACKFILLING IS DONE SO THAT THE SOIL AND ROOTS ARE THOROUGHLY SOAKED. TREE PLANTING AND STAKING STAKING - TREES WILL BECOME STRONGER FASTER WHEN THE TOP 2/3 OF THE TREE IS FREE TO SWAY. TIE THE TRUNK LOOSELY WITH WIDE STRIPS OF RUBBER OR CLOTH ABOUT 1/3 UP THE TRUNK AND TIE TO THREE STAKES POSITIONED EVENLY AROUND THE TRUNK. STAKES SHOULD BE DRIVEN DEEPLY INTO THE GROUND TO PREVENT DISLODGING. CHECK AT LEAST EVERY THREE MONTHS FOR BINDING OR OTHER PROBLEMS. STAKES AND TIES SHOULD BE REMOVED SIX MONTHS TO ONE YEAR AFTER PLANTING. WRAPPING - WRAP ONLY THIN BARKED TREES IF THEY HAVE BEEN REMOVED FROM SHADE TO WHERE THE TRUNK IS EXPOSED TO DIRECT SUNLIGHT DURING THE DAY. WRAPPING SHOULD BEGIN AT THE BOTTOM AND WORK UP. WRAPPING MATERIAL SHOULD NOT TRAP OR HOLD WATER. PRUNING - CLEANLY PRUNE DAMAGED BRANCHES AND ROOTS AT THIS TIME. ADDITIONAL PRUNING SHOULD BE ONLY FOR SHAPING PURPOSES. PLANTING - ALL SYNTHETIC MATERIALS SHALL BE CLEARED FROM THE ROOTS, TRUNK AND CROWN OF THE PLANT. THE ROOT BALL MEDIUM SHOULD BE SHAKEN GENTLY FROM THE ROOT BALL IF IT IS A SOILESS MIXTURE. LOOSEN AND SPREAD THE ROOTS IN THE PLANTING HOLE. DAMAGED ROOTS AND ROOTS WHICH ENCIRCLE THE TRUNK SHOULD BE CLEANLY PRUNED. SET THE PLANT SO THAT IT WILL BE AT ITS ORIGINAL DEPTH OR SLIGHTLY ABOVE EXISTING GRADE. BACKFILL WITH SOIL FROM THE HOLE. TAMP AND WATER THE SOIL TO PREVENT AIR POCKETS. DO NOT AMEND THE SOIL AT THIS POINT EXCEPT TO AMEND THE PH. WATERING - THE BACKFILL AND ROOTS OF ALL NEWLY SET PLANTS SHOULD BE WATERED AS BACKFILLING IS BEING DONE SO THAT THE SOIL AND ROOTS ARE THOROUGHLY SOAKED. 3' SAUCER SCARIFY SIDES AND BOTTOM OF HOLE BACKFILL SOIL SOIL SURFACE NOTES REMOVE BURLAP FROM TOP OF ROOT BALL BEFORE BACKFILLING AROUND BALL IS COMPLETED ALL TREES WHICH ARE SMOOTH BARKED AT THE TIME OF PLANTING AND HAVE MORE THAN 2' OF CLEAR TRUNK SHALL BE WRAPPED ALL TREE WRAPPING SHALL EXTEND FROM THE TOP OF THE BACKFILL TO THE LOWERMOST TREE BRANCHES BARE ROOT, CONTAINER OR BALL SIZE X Y 8"4"5" TO 30" 30" OR GREATER 12"6" SCHEDULE FOR PLANT HOLE SIZE 3" - 6" TRIPLE SHREDDED HARDWOOD MULCH DOUBLE STRAND 12 GAUGE WIRE: LEAVE SLACK CLOTH OR RUBBER TIE STAKES X Y 2"-4" RIVER ROCK ON LANDSCAPE FABRIC 9/2/2020 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 BYDATEREVISIONS132456PROJECT NO. SHEET NO.PROJECT ENGINEER/ARCHITECTPROJECT MANAGERDRAWN BY7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEXHILLSBOROUGH, NC, 27278300 WEST TRYON STSITE PLANCreatively Inspired - Technically ExecutedLicense #: P-0339320 Executive CourtHillsborough, NC 27278-8551Voice: (919) 732-3883 Fax: (919) 732-6676www.summitde.netFIRST ISSUE DATEMGA (MALLORY.ARMFIELD@SUMMITDE.NET)09-02-2020MGA (MALLORY.ARMFIELD@SUMMITDE.NET)ENGINEERING, INC.Know what's below. before you dig.Call R 20-0014_D D-1 SITE DETAILSCROSS SECTION OF BASIN PLAN OF GRATE WEIGHT OF GRATE= 132 LBS. PLAN OF GRATE WEIGHT OF GRATE= 126 LBS. CLASS "A" CONCRETE SECTION OF GRATE SECTION OF FRAME 268 SQ. IN. OPENING AREA WEIGHT OF FRAME= 65 LBS. SECTION OF FRAME 292 SQ. IN. OPENING AREA WEIGHT OF FRAME= 120 LBS. 6" SOLID MASONRY 1/2" DOWEL PIN (2 FOR EACH SIDE) GRATE AND FRAMECLASS "A" CONCRETE COLLAR TRAFFIC BEARING 24" X 24" DRAIN, GRATE, & FRAME NON-TRAFFIC BEARING 24" X 24" DRAIN, GRATE, & FRAME SECTION OF GRATE FRAME IS REVERSIBLE 24" 1 1/2" 1 1/16"1 7/8"2 5/8"2'-1 1/2" SQ. 2'-1/4" SQ. 2'-1 7/8" SQ. 1'-8 1/4" SQ.1 7/8"2 5/8"1'-9 3/4" SQ.8" MIN. VARIES 23 11/16" 1 3/16" 7/8"1 1/2"2'-1" 2'-0" 2'-5 1/4" 2'-0" 1'-8"1 1/2"5/8"4"SECTIONSECTION 3/4"1 1/16" 2 1/4"6 5/8"24"6 3/4"6 13/16"15/16"2 3/4"23 11/16"GENERAL NOTES : 1.MORTAR JOINTS 1/2" +/_ 1/8" THICK. 2.USE CLASS "A" CONCRETE THROUGHOUT. 3.USE FORMS FOR CONSTRUCTION OF FLOOR SLAB. 4.DEDUCT FROM PIPE(S) FOR TOTAL CU. YDS. OF BRICK MASONRY. 5.USE #4 BAR DOWELS AT 12" O.C. 6.USE BRICK OR CONCRETE BLOCK WHICH COMPLIES WITH THE REQUIREMENTS OF NCDOT SECTION 840 OF THE STANDARD AND SPECIFICATIONS (LATEST REVISION). 7.STEPS SHALL BE INSTALLED IN ALL CATCH BASINS OVER 3'-6" IN DEPTH AT 12" O.C.. DEPTH SHALL BE MEASURED FROM THE TOP OF GUTTER TO INVERT. GALVANIZED REINFORCED STEEL SHALL NOT BE USED FOR STEPS. SEE NCDOT STANDARD DRAWING #840.66. 8.A CONCRETE BASE PAD PER NCDOT STANDARD DRAWING #840.00 SHALL BE ADDED FOR REINFORCED CONCRETE PIPES SET AT THE FLOOR SLAB. 9.FOR BASINS 8'-0" IN DEPTH OR LESS USE 8" THICK WALLS. IF DEPTH OF BASIN IS OVER 8'-0", WALL THICKNESS SHALL BE 12" FROM TOP TO 6'-0" IN DEPTH AND 8" FOR THE REMAINING DEPTH OF THE BASIN. 10.CONSTRUCT WITH PIPE CROWNS MATCHING. 11.CHAMFER ALL EXPOSED CORNERS 1". CASTING SPECIFICATIONS: 1.GRAY IRON CONFORMING TO ASTM A48 CL35B. 2.DUCTILE IRON CONFORMING TO ASTM A536 GRADE 80-55-06. 3.CASTINGS TO BE MADE OF RECYCLED MATERIALS, 75% CONSUMER WASTE. 4.CASTINGS SHALL COME FROM A NCDOT APPROVED FOUNDRY. 5.CASTINGS SHALL BE UNIFORM QUALITY, FREE FROM SAND HOLES, GAS HOLES, SHRINKAGE, CRACKS, AND OTHER SURFACE DEFECTS. CASTINGS SHALL BE REASONABLY SMOOTH AND WELL CLEANED BY SHOT BLASTING. SURFACES OF THE CASTINGS SHALL BE FREE FROM BURNED ON SAND AND SHALL BE REASONABLY SMOOTH. RUNNERS, RISERS, FINS AND OTHER CAST-ON PIECES SHALL BE REMOVED FROM CASTINGS AND SUCH AREAS SHALL BE GROUND SMOOTH. BEARING SURFACES BETWEEN MANHOLE RINGS AND COVERS SHALL BE CAST OR MACHINED WITH SUCH PRECISION THAT UNIFORM BEARING SHALL BE PROVIDED THROUGHOUT THE PERIMETER AREA OF CONTACT. NOMINALLY, CASTINGS DIMENSIONAL TOLERANCES SHALL BE +/- 1/16" PER FOOT. ALL CASTING WEIGHTS ARE AVERAGE AND APPROXIAMTE VALUES MAY VARY +/- 5%. 6.TRAFFIC SERVICE CASTINGS SHALL MEET OR EXCEED THE LATEST STANDARDS OF AASHTO M306-XX. THE CASTING SHALL BE TESTED ON A SUITABLE AND CALIBRATED LOAD TESTING MACHINE AND THE CASTING SHALL HOLD A 40,000 POUND PROOF LOAD FOR ONE MINUTE WITHOUT EXPERIENCING ANY CRACKS OR DETRIMENTAL PERMANENT DEFORMATION. DUCTILE IRON CONFORMING TO ASTM A536 GRADE 80-55-06. 7.EACH CASTING SHALL BE IDENTIFIABLE AND SHOW, AT A MINIMUM, THE FOLLOWING: NAME OF THE PRODUCING FOUNDRY, COUNTRY OF MANUFACTURE, ASTM MATERIAL DESIGNATION, RECYCLE SYMBOL, INDIVIDUAL PART NUMBER AND CAST OR HEAT DATE. CASTINGS SHALL INCLUDE ALL LETTERING AS SHOWN ON THE SPECIFICATION DRAWINGS. HEAVY DUTY DOOR SECURITY SURFACE BOLT HEAVY DUTY WROUGHT STEEL T-HINGE (TYP.) LEAF GATE OPENING 8" (TYP.)4"2x4 TREATED WOOD STRINGER AND BRACE (TYP) 1/8" TENSION WIRE WITH A 3" "EYE & EYE" TURNBUCKLE, WIRE ROPE THIMBLES AND CLAMPS. SECURE EACH END OF WIRE WITH SCREW EYEBOLTS. PLACE LOWER END OF BRACE TOWARDS THE HINGE, NOT THE LATCH VINYL OR WOOD COMPOSITE SLATS 8' MIN. OR 6" HIGHER THAN TALLESTCONTAINER, WHICHEVER IS GREATERGATE RETAINERS7"1'-0"4'-0" @ MECH ENCLOS.9'-0"6"1'-0" POSTLC POSTCL 1'-6"12'-0" W/ #3 REBAR 16" O.C. 7" 4000 PSI CONCRETE 1x6 P.T. WOOD BOARDS W/ 1/2" SPACES (PRE-FAB FENCING) 2x4 RAILS TOP AND BOTTOM SOLID WASTE 8 CY RECYCLABLES CARDBOARD 8 CY 15' 4' 4.5' 25' WOODEN SCREENING 6" CID STEEL BOLLARDS, TYP OF 2 BEHIND EACH CONTAINER ENCLOSURE GATES 24' APRON WITH CONCRETE REBAR PER DETAIL BOTTOM 76"MAXIMUM $250 PENALTY G.S. 20-37.6 PARKING RESERVED WHITE BACKGROUND ACCESSIBLE VAN R7-8E12" MAXIMUM $250 PENALTY G.S. 20-37.6 PARKING RESERVED 26"ARROW IS GREEN WHITE BACKGROUND 3/8" CORNER RADIUS 1 1/2" (TYPICAL) VAN ACCESSIBLE LETTERS, BORDER AND NUMBERS ARE GREEN ALL TEXT & LINES ARE GREEN WHITE SYMBOL ON BLUE FIELD OF SIGN 7.0'(TYPICAL) 6" LC 6.5' 2.5'R LOCATE AT EDGE OF PARKING SPACE UNLESS ACCOMPANIED BY "VAN" LETTERING VAN 18' MIN 20' HANDICAP VAN ACCESSIBLE REGULAR SPACE w/out CURB 8' MIN 16' MIN 9.0' 1.5' EOP 6' WHEEL STOP MAX 2% ANY DIRECTION 3/8" 8' MIN 1/8" TO 1/4" 1/2" 5" JOINT SEALER 1/8"R. (TYP.) JOINT FILLER SURFACE OF CONC NOTES: ·A GROOVE JOINT 1" DEEP W/ 1/8" RADIUS SHALL BE REQUIRED IN THE CONC. SIDEWALK AT 5' INTERVALS. ONE 1/2" EXPANSION JOINT WILL BE REQUIRED AT 50' INTERVALS. A 1/2" EXPANSION JOINT WILL BE REQUIRED WHERE THE SIDEWALK JOINS ANY RIGID STRUCTURE. ·FINISHED SURFACE OF SIDEWALK TO BE BROOM FINISHED, PERPENDICULAR TO TRAFFIC FLOW. 2" S 9.5A SURFACE COURSE EXISTING (CRUSHED AGGREGATE BASE COURSE) COMPACTED SUBGRADE 4- 1 / 2 " 6" 6'-0" 9"1/4" 1/4" 6"5"2-1/8"2-7/8"2-1"Ø H O L E S5"2"3"2" 9" 2-#3 REBARS SECTION #6 @ 2'-6" LONG SEAL 1/2" DEEP HOLE W/ MORTAR ALL PARKING LOT PAINTED STRIPING SHALL BE WHITE AND MINIMUM OF HIGHWAY GRADE PAINT (2 COATS) TYP. BLACK STEEL HANDRAILHANDRAIL POST TO BE SET IN CONCRETE (TYP.) 6' MAXIMUM POST SPACING CORE DRILL ENLARGEMENT ADJACENT CONCRETE PAVEMENT SEE C-2 FOR EXISTING STAIR INFORMATION 1' (TYP) 1' (TYP) 3' (TYP)1' MIN. 1' 10"12"6' 1'27"36"4"36"BLACK STEEL HANDRAIL 3000 PSI CONC. COLLAR (TYP.) RAILING PARALLEL SLOPE OF PATH . SLOPE OF PATH VARIES SEE C-2 AND D-3 STAND-OFF RAILING RETURNS TO POST TYP. FINISHED SURFACE HANDRAIL FINISHED SURFACE 3000 PSI CONC. COLLAR TYP. POST DETAIL R8" TYP.4"9/2/2020 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 BYDATEREVISIONS 1 3 2 4 5 6PROJECT NO.SHEET NO.PROJECT ENGINEER/ARCHITECT PROJECT MANAGER DRAWN BY 7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEX HILLSBOROUGH, NC, 27278 300 WEST TRYON ST SITE PLAN C r e a t i v e l y I n s p i r e d - T e c h n i c a l l y E x e c u t e d License #: P-0339 320 Executive Court Hillsborough, NC 27278-8551 Voice: (919) 732-3883 Fax: (919) 732-6676 www.summitde.net FIRST ISSUE DATE MGA (MALLORY.ARMFIELD@SUMMITDE.NET) 09-02-2020 MGA (MALLORY.ARMFIELD@SUMMITDE.NET) ENGINEERING, INC.Know what'sbelow.before you dig.CallR20-0014_DD-2STORM DRAINAGE DETAILSCONCRETE FLUME DETAILDOWN GRADECONCRETE FLUME-SIDEWALK CROSSINGAA2'-0"6"6"6"SECTION A - APLAN6"METAL OR COMPOSITE DECKINGCOVER OVER FLUMESIDEWALKFLUMENEW METAL ORCOMPOSITE DECKINGCOVER OVER FLUME(NON-SKID SURFACE)ANCHORINGNTS9/2/2020DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 BYDATEREVISIONS 1 3 2 4 5 6PROJECT NO.SHEET NO.PROJECT ENGINEER/ARCHITECT PROJECT MANAGER DRAWN BY 7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEX HILLSBOROUGH, NC, 27278 300 WEST TRYON ST SITE PLAN C r e a t i v e l y I n s p i r e d - T e c h n i c a l l y E x e c u t e d License #: P-0339 320 Executive Court Hillsborough, NC 27278-8551 Voice: (919) 732-3883 Fax: (919) 732-6676 www.summitde.net FIRST ISSUE DATE MGA (MALLORY.ARMFIELD@SUMMITDE.NET) 09-02-2020 MGA (MALLORY.ARMFIELD@SUMMITDE.NET) ENGINEERING, INC.Know what'sbelow.before you dig.CallR20-0014_DD-3WATERPROOFING DETAILS APPROX.6'-7'FIELDVERIFY(10' @ N. END OFDENTAL CLINIC)TOP OF EXISTING FOOTING/STEPEXACT SIZE/PROFILE TO BEFIELD VERIFIED1" THICK PROTECTIONBOARD12" WIDE MEMBRANE STRIPCENTERED OVER TRANSITIONCOVER EDGE OFMEMBRANE WITH LIQUIDMEMBRANE OR MASTICMIN. 34" FILLET OF LIQUIDMEMBRANE AT TRANSITIONEXISTING MASONRY FOUNDATIONWALL. APPLY PARGE COAT TO OBTAINSMOOTH, EVEN SURFACESELF-ADHEREDWATERPROOFING MEMBRANE OVER PRIMER1" THICK PROTECTION BOARD12" WIDE MEMBRANE STRIPCENTERED OVER CORNERMIN. 34" FILLET OF LIQUIDMEMBRANE AT TRANSITIONAPPLY LIQUID MEMBRANETO ALL SEAMS WITHIN12" OF CORNEROR OTHER TRANSITIONSEXISTING MASONRY FOUNDATIONWALL. APPLY PARGE COAT TO OBTAINSMOOTH, EVEN SURFACESELF-ADHEREDWATERPROOFING MEMBRANE OVER PRIMER1" THICK PROTECTION BOARD12" WIDE MEMBRANE STRIPCENTERED OVER CORNEREXISTING MASONRY FOUNDATIONCLEAN TO REMOVE EXISTINGBITUMINOUS WATERPROOFING/DAMPROOFING. APPLY PARGE COATTO OBTAIN SMOOTH, EVEN SURFACE.(ALONG EAST WALL OF DENTAL CLINIC,REMOVE REMEDIAL WATERPROOFINGAND PROTECTION BOARD AND DISPOSEOF TO EXPOSE EXISTING MASONRYWALL)SELF-ADHERED WATERPROOFINGMEMBRANE OVER PRIMER. EXTENDUP WALL TO STOP 1" BELOW NEWTOP OF GRADE (STEP AS NEEDED TOFOLLOW GRADE)ORIGINAL GRADE. EXCAVATE TOEXPOSE TOP OF FOOTING TO ALLOWFOR PROPER INSTALLATION OFNEW WATERPROOFING COMPONENTSTERMINATION BAR SECURED AT 8" O.C.AND WITH TOP AND FASTENERSCOVERED WITH MASTICINSTALL TERMINATIONBAR WITH MASTIC ATALL VERTICALTERMINATIONSNEW GRADING/STONE PERPLANS. SURROUNDING GRADEMUST SLOPE AWAY FROMWALL.INSIDE CORNEROUTSIDE CORNERTOP OF EXISTING FOOTING/STEPEXACT SIZE/PROFILE TO BEFIELD VERIFIED1" THICK PROTECTIONBOARD12" WIDE MEMBRANE STRIPCENTERED OVER TRANSITIONCOVER EDGE OFMEMBRANE WITH LIQUIDMEMBRANE OR MASTICMIN. 34" FILLET OF LIQUIDMEMBRANE AT TRANSITIONAPPROX.4' MAX.FIELD VERIFYEXISTING MASONRY WALL. APPLYPARGE COAT TO OBTAIN SMOOTH,EVEN SURFACESELF-ADHERED WATERPROOFINGMEMBRANE OVER PRIMER. EXTENDUP WALL TO STOP 1" BELOW NEWTOP OF GRADE. (STEP AS NEEDED TOFOLLOW GRADE)ORIGINAL GRADE. EXCAVATE TOEXPOSE FOOTING TO ALLOWFOR PROPER INSTALLATION OFNEW WATERPROOFING COMPONENTSTERMINATION BAR SECURED AT 8" O.C.AND WITH TOP AND FASTENERSCOVERED WITH MASTICINSTALL TERMINATIONBAR WITH MASTIC ATALL VERTICALTERMINATIONSNEW GRADING/STONE PERPLANS. SURROUNDING GRADEMUST SLOPE AWAY FROMWALL.BELOW GRADE WATERPROOFING(HEALTH CLINIC BUILDINGS A AND B)BELOW GRADE WATERPROOFING(RECREATION CENTER)MINOR VARIATIONS IN WALL PROFILE (STEPS, LEDGES,BELOW-GRADE PENETRAATIONS, ETC.) MAY EXIST ANDSHOULD BE INCORPORATED INTO NEW WATERPROOFING INSTALLATION. IF SIGNIFICANT VARIATIONS AREDISCOVERED THAT ARE NOT DETAILED IN THE DESIGNOR WILL NOT ALLOW FOR INSTALLATION OF WATERPROOFINGAS SHOWN NOTIFY THE DESIGNER FOR DIRECTION.SEALANTBACKER ROD OR BONDJOINT DEPTH - EXISTING JOINT WIDTH3/8" TO 1/2"1/4" TO 3/8"JOINT DEPTHJOINT SCHEDULE3/4" TO 1"1/2" TO 3/4"1/4" TO 1/2"JOINT WIDTH1/4"1/2" OR PER MANU.GREATER THAN 1"BREAKER TAPE (IF DEPTH EXISTING MASONRYWALL EXISTING MASONRYWALLSEALANTJOINT DEPTH - SEE SCHEDULEEXISTING JOINT WIDTHEXISTING MASONRYEXISTING MASONRY WALLWALLFOR BACKER ROD CANNOT BACKER ROD OR BONDBREAKER TAPE (IF DEPTH FORBACKER ROD CANNOT BE OBTAINED)SEE SCHEDULEBE OBTAINED)"A""B"CUT EXISTING MORTAR AT VERTICALJOINT OF INSET TO ALLOW FORINSTALLATION OF BACKING MATERIALAND NEW SEALANT JOINT FOR FULLHEIGHT. (DOWN TO STONE ACCENT ATBOTTOM)CUT NEW CONTROL JOINT INBRICK TO EXTEND VERTICAL JOINTTO UNDERSIDE OF FASCIA. INSTALLNEW BACKING MATERIAL AND NEWSEALANT JOINT FOR FULL HEIGHTREMOVE DAMAGED/CRACKEDMORTAR AND TUCK POINTWITH NEW MORTARREMOVE DAMAGED/CRACKEDMORTAR AND TUCK POINTWITH NEW MORTAR. REPLACEDISPLACED/DAMAGED BRICKWITH NEWCUT NEW CONTROL JOINT INBRICK TO EXTEND VERTICAL JOINTTO UNDERSIDE OF FASCIA. INSTALLNEW BACKING MATERIAL AND NEWSEALANT JOINT FOR FULL HEIGHTCUT EXISTING MORTARAT VERTICAL JOINT OFINSET TO ALLOW FORINSTALLATIONOF BACKING MATERIALAND NEW SEALANT JOINTFOR FULL HEIGHT. (DOWN TO STONEACCENT AT BOTTOM)REMOVE MORTAR FROM JOINTS WITHINBRICK INSET AREA TO ALLOW FORTUCKPOINTING WITH NEW MORTAR.INCLUDES 9 ACCENT PANELS (32COURSES TALL X 10 BRICK WIDE EACH)AND ASSOCIATED BRICK BANDSBETWEEN PANELS AND AROUNDPERIMETER OF PANELS.BRICK VENEER REPAIRRECREATION CENTER - SOUTH ELEVATIONREMOVE EXISTING SEALANTFROM FULL HEIGHT OF IDENTIFIEDJOINTS IN THE CMU WALL. (FROMROOF DECK TO TOP OF TILE - APPROX.31 COURSES EACH SIDE)INSTALL NEW BACKING MATERIAL ANDSEALANT IN JOINTS.TEMPORARILY REMOVE OR MODIFYWOOD PANEL TO ALLOW FORREPLACEMENT OF JOINT BEHIND.MASONRY JOINT REPAIRSOUTH WALL - RECREATION CENTERGYMNASIUMJOINT SEALANT INSTALLATIONMIN. 3/4"STEP 5CLEAN MORTAR DRIPS AND SPLATTERFROM FACE OF BRICKSTEP 4WHEN MORTAR IS THUMBPRINT HARD,TOOL JOINT TO MATCH ORIGINAL JOINTSSTEP 3FIRMLY PACK FRESH MORTAR INTOJOINT IN 14" DEEP LIFTSSTEP 2PRIOR TO REPOINTING, BRUSH JOINTCLEAN, BLOW OUT WITH AIR, AND WETJOINT WITH CLEAN WATERSTEP1CUT OUT MORTAR TO MIN. DEPTHOF 34" OR TO SOUND MATERIALEXISTING CONDITIONMORTAR JOINT TUCKPOINTING3'FILTER FABRICSTEEL EDGING2-4" DIAMETERRIVER ROCK2-4"3'FILTER FABRICSTEEL EDGING2-4" DIAMETERRIVER ROCK2-4"9/2/2020DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 Accessible RampA1.11TW: 594.10'BW: 594.00'TW: 596.45'BW: 594.10'TW: 596.45'TW: 594.00'BW: 590.10'TW: 590.10'BW: 587.29'TW: 596.45'BW: 595.69'TW: 592.35'BW: 592.20'TW: 596.08'BW: 592.30'TW: 592.20'BW: 587.50'TW: 596.45'BW: 590.10'TW: 596.45'BW: 590.10'TW: 596.13'BW: 591.58'TW: 596.15'BW: 594.02'EXISTINGCONCRETE BLOCKRETAINING WALLCONTRACTOR SHALL TIE INTOEXISTING CONCRETE BLOCKWITH A CLEAN VERTICAL EDGE. PROVIDE EXPANSION JOINTMATERIAL AT THE INTERFACE.RAMP ELEVATION = 594.0'SECTION A-ARAMP ELEVATION = 592.3'SECTION B-BAccessible Ramp - Wall #1EXISTING GROUNDTOP OF WALLEXISTING GROUNDEXISTING GROUNDAccessible Ramp - Wall #2Accessible Ramp - Wall #3Accessible Ramp - Wall #4Accessible Ramp -Switch BackBYDATEREVISIONS 1 3 2 4 5 6PROJECT NO.SHEET NO.PROJECT ENGINEER/ARCHITECT PROJECT MANAGER DRAWN BY 7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEX HILLSBOROUGH, NC, 27278 300 WEST TRYON ST SITE PLAN C r e a t i v e l y I n s p i r e d - T e c h n i c a l l y E x e c u t e d License #: P-0339 320 Executive Court Hillsborough, NC 27278-8551 Voice: (919) 732-3883 Fax: (919) 732-6676 www.summitde.net FIRST ISSUE DATE MGA (MALLORY.ARMFIELD@SUMMITDE.NET) 09-02-2020 MGA (MALLORY.ARMFIELD@SUMMITDE.NET) ENGINEERING, INC.Know what'sbelow.before you dig.CallR20-0014_DD-4ACCESSIBLE RAMP DETAILS 9/2/2020DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 BYDATEREVISIONS132456PROJECT NO. SHEET NO.PROJECT ENGINEER/ARCHITECTPROJECT MANAGERDRAWN BY7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEXHILLSBOROUGH, NC, 27278300 WEST TRYON STSITE PLANCreatively Inspired - Technically ExecutedLicense #: P-0339320 Executive CourtHillsborough, NC 27278-8551Voice: (919) 732-3883 Fax: (919) 732-6676www.summitde.netFIRST ISSUE DATEMGA (MALLORY.ARMFIELD@SUMMITDE.NET)09-02-2020MGA (MALLORY.ARMFIELD@SUMMITDE.NET)ENGINEERING, INC.20-0014_D D-5 EROSION & SEDIMENT CONTROLDETAILSNCG01 GROUND STABILIZATION AND MATERIALS HANDLING EFFECTIVE: 04/01/19 GROUND STABILIZATION AND MATERIALS HANDLING PRACTICES FOR COMPLIANCE WITH THE NCG01 CONSTRUCTION GENERAL PERMIT Implementing the details and specifications on this plan sheet will result in the construction activity being considered compliant with the Ground Stabilization and Materials Handling sections of the NCG01 Construction General Permit (Sections E and F, respectively). The permittee shall comply with the Erosion and Sediment Control plan approved by the delegated authority having jurisdiction. All details and specifications shown on this sheet may not apply depending on site conditions and the delegated authority having jurisdiction. GROUND STABILIZATION SPECIFICATION Stabilize the ground sufficiently so that rain will not dislodge the soil. Use one of the techniques in the table below: POLYACRYLAMIDES (PAMS) AND FLOCCULANTS 1.Select flocculants that are appropriate for the soils being exposed during construction, selecting from the NC DWR List of Approved PAMS/Flocculants. 2.Apply flocculants at or before the inlets to Erosion and Sediment Control Measures. 3.Apply flocculants at the concentrations specified in the NC DWR List of Approved PAMS/Flocculants and in accordance with the manufacturer's instructions. 4.Provide ponding area for containment of treated Stormwater before discharging offsite. 5.Store flocculants in leak-proof containers that are kept under storm-resistant cover or surrounded by secondary containment structures. HAZARDOUS AND TOXIC WASTE 1.Create designated hazardous waste collection areas on-site. 2.Place hazardous waste containers under cover or in secondary containment. 3.Do not store hazardous chemicals, drums or bagged materials directly on the ground. EQUIPMENT AND VEHICLE MAINTENANCE 1.Maintain vehicles and equipment to prevent discharge of fluids. 2.Provide drip pans under any stored equipment. 3.Identify leaks and repair as soon as feasible, or remove leaking equipment from the project. 4.Collect all spent fluids, store in separate containers and properly dispose as hazardous waste (recycle when possible). 5.Remove leaking vehicles and construction equipment from service until the problem has been corrected. 6.Bring used fuels, lubricants, coolants, hydraulic fluids and other petroleum products to a recycling or disposal center that handles these materials. LITTER, BUILDING MATERIAL AND LAND CLEARING WASTE 1.Never bury or burn waste. Place litter and debris in approved waste containers. 2.Provide a sufficient number and size of waste containers (e.g dumpster, trash receptacle) on site to contain construction and domestic wastes. 3.Locate waste containers at least 50 feet away from storm drain inlets and surface waters unless no other alternatives are reasonably available. 4.Locate waste containers on areas that do not receive substantial amounts of runoff from upland areas and does not drain directly to a storm drain, stream or wetland. 5.Cover waste containers at the end of each workday and before storm events or provide secondary containment. Repair or replace damaged waste containers. 6.Anchor all lightweight items in waste containers during times of high winds. 7.Empty waste containers as needed to prevent overflow. Clean up immediately if containers overflow. 8.Dispose waste off-site at an approved disposal facility. 9.On business days, clean up and dispose of waste in designated waste containers. PAINT AND OTHER LIQUID WASTE 1.Do not dump paint and other liquid waste into storm drains, streams or wetlands. 2.Locate paint washouts at least 50 feet away from storm drain inlets and surface waters unless no other alternatives are reasonably available. 3.Contain liquid wastes in a controlled area. 4.Containment must be labeled, sized and placed appropriately for the needs of site. 5.Prevent the discharge of soaps, solvents, detergents and other liquid wastes from construction sites. PORTABLE TOILETS 1.Install portable toilets on level ground, at least 50 feet away from storm drains, streams or wetlands unless there is no alternative reasonably available. If 50 foot offset is not attainable, provide relocation of portable toilet behind silt fence or place on a gravel pad and surround with sand bags. 2.Provide staking or anchoring of portable toilets during periods of high winds or in high foot traffic areas. 3.Monitor portable toilets for leaking and properly dispose of any leaked material. Utilize a licensed sanitary waste hauler to remove leaking portable toilets and replace with properly operating unit. HERBICIDES, PESTICIDES AND RODENTICIDES 1.Store and apply herbicides, pesticides and rodenticides in accordance with label restrictions. 2.Store herbicides, pesticides and rodenticides in their original containers with the label, which lists directions for use, ingredients and first aid steps in case of accidental poisoning. 3.Do not store herbicides, pesticides and rodenticides in areas where flooding is possible or where they may spill or leak into wells, stormwater drains, ground water or surface water. If a spill occurs, clean area immediately. 4.Do not stockpile these materials onsite. CONCRETE WASHOUTS 1.Do not discharge concrete or cement slurry from the site. 2.Dispose of, or recycle settled, hardened concrete residue in accordance with local and state solid waste regulations and at an approved facility. 3.Manage washout from mortar mixers in accordance with the above item and in addition place the mixer and associated materials on impervious barrier and within lot perimeter silt fence. 4.Install temporary concrete washouts per local requirements, where applicable. If an alternate method or product is to be used, contact your approval authority for review and approval. If local standard details are not available, use one of the two types of temporary concrete washouts provided on this detail. 5.Do not use concrete washouts for dewatering or storing defective curb or sidewalk sections. Stormwater accumulated within the washout may not be pumped into or discharged to the storm drain system or receiving surface waters. Liquid waste must be pumped out and removed from project. 6.Locate washouts at least 50 feet from storm drain inlets and surface waters unless it can be shown that no other alternatives are reasonably available. At a minimum, install protection of storm drain inlet(s) closest to the washout which could receive spills or overflow. 7.Locate washouts in an easily accessible area, on level ground and install a stone entrance pad in front of the washout. Additional controls may be required by the approving authority. 8.Install at least one sign directing concrete trucks to the washout within the project limits. Post signage on the washout itself to identify this location. 9.Remove leavings from the washout when at approximately 75% capacity to limit overflow events. Replace the tarp, sand bags or other temporary structural components when no longer functional. When utilizing alternative or proprietary products, follow manufacturer's instructions. 10.At the completion of the concrete work, remove remaining leavings and dispose of in an approved disposal facility. Fill pit, if applicable, and stabilize any disturbance caused by removal of washout. EARTHEN STOCKPILE MANAGEMENT 1.Show stockpile locations on plans. Locate earthen-material stockpile areas at least 50 feet away from storm drain inlets, sediment basins, perimeter sediment controls and surface waters unless it can be shown no other alternatives are reasonably available. 2.Protect stockpile with silt fence installed along toe of slope with a minimum offset of five feet from the toe of stockpile. 3.Provide stable stone access point when feasible. 4.Stabilize stockpile within the timeframes provided on this sheet and in accordance with the approved plan and any additional requirements. Soil stabilization is defined as vegetative, physical or chemical coverage techniques that will restrain accelerated erosion on disturbed soils for temporary or permanent control needs. A A BELOW GRADE WASHOUT STRUCTURE 1:1 SIDE SLOPE (TYP.) 10 MIL PLASTIC LINING 3'-0"MIN.& X'MAX.SECTION A-A NOT TO SCALE ABOVE GRADE WASHOUT STRUCTURE NOT TO SCALE PLAN SECTION B-B HIGH COHESIVE & LOW FILTRATION SOIL BERM 8"6" 2' HIGH COHESIVE & LOW FILTRATION SOIL BERM1:1 SIDE SLOPE (TYP.) 10 MIL PLASTIC LINING B B 3'-0"MIN.& X'MAX.A SANDBAGS (TYP.) OR STAPLES SANDBAGS (TYP.) OR STAPLES SANDBAGS (TYP.) OR STAPLES SANDBAGS (TYP.) OR STAPLES NOTES: 1. ACTUAL LOCATION DETERMINED IN FIELD 2. THE CONCRETE WASHOUT STRUCTURES SHALL BE MAINTAINED WHEN THE LIQUID AND/OR SOLID REACHES 75% OF THE STRUCTURES CAPACITY. 3.CONCRETE WASHOUT STRUCTURE NEEDS TO BE CLEARY MARKED WITH SIGNAGE NOTING DEVICE. NOTES: 1. ACTUAL LOCATION DETERMINED IN FIELD 2. THE CONCRETE WASHOUT STRUCTURES SHALL BE MAINTAINED WHEN THE LIQUID AND/OR SOLID REACHES 75% OF THE STRUCTURES CAPACITY TO PROVIDE ADEQUATE HOLDING CAPACITY WITH A MINIMUM 12 INCHES OF FREEBOARD. 3.CONCRETE WASHOUT STRUCTURE NEEDS TO BE CLEARY MARKED WITH SIGNAGE NOTING DEVICE. ONSITE CONCRETE WASHOUT STRUCTURE WITH LINER CONCRETE WASHOUT CONCRETE WASHOUT PLAN CLEARLY MARKED SIGNAGE NOTING DEVICE (18"X24" MIN.) CLEARLY MARKED SIGNAGE NOTING DEVICE (18"X24" MIN.) SILT FENCE 10'MIN10' MIN SECTION E: GROUND STABILIZATION Required Ground Stabilization Timeframes Note: After the permanent cessation of construction activities, any areas with temporary ground stabilization shall be converted to permanent ground stabilization as soon as practicable but in no case longer than 90 calendar days after the last land disturbing activity. Temporary ground stabilization shall be maintained in a manner to render the surface stable against accelerated erosion until permanent ground stabilization is achieved. Site Area Description Timeframe variations -7 days for perimeter dikes, swales, ditches, perimeter slopes and HQW Zones -10 days for Falls Lake Watershed unless there is zero slope Stabilize within this many calendar days after ceasing land disturbance 7 7 7 14 None None (a)Perimeter dikes, swales, ditches, and perimeter slopes (b)High Quality Water (HQW) Zones (c)Slopes steeper than 3:1 If slopes are 10' or less in length and are not steeper than 2:1, 14 days are allowed (d)Slopes 3:1 to 4:1 (e)Areas with slopes flatter than 4:1 14 -7 days for slopes greater than 50' in length and with slopes steeper than 4:1 -7 days for perimeter dikes, swales, ditches, perimeter slopes and HQW Zones -10 days for Falls Lake Watershed 9/2/2020 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 BYDATEREVISIONS132456PROJECT NO. SHEET NO.PROJECT ENGINEER/ARCHITECTPROJECT MANAGERDRAWN BY7DRAWING NAME:DAS (DON.SEVER@SUMMITDE.NET)20-0014WHITTED COMPLEXHILLSBOROUGH, NC, 27278300 WEST TRYON STSITE PLANCreatively Inspired - Technically ExecutedLicense #: P-0339320 Executive CourtHillsborough, NC 27278-8551Voice: (919) 732-3883 Fax: (919) 732-6676www.summitde.netFIRST ISSUE DATEMGA (MALLORY.ARMFIELD@SUMMITDE.NET)09-02-2020MGA (MALLORY.ARMFIELD@SUMMITDE.NET)ENGINEERING, INC.20-0014_D D-6 EROSION & SEDIMENT CONTROLDETAILSNCG01 SELF-INSPECTION, RECORDKEEPING AND REPORTING EFFECTIVE: 04/01/19 PART III SELF-INSPECTION, RECORDKEEPING AND REPORTING SECTION A: SELF-INSPECTION Self-inspections are required during normal business hours in accordance with the table below. When adverse weather or site conditions would cause the safety of the inspection personnel to be in jeopardy, the inspection may be delayed until the next business day on which it is safe to perform the inspection. In addition, when a storm event of equal to or greater than 1.0 inch occurs outside of normal business hours, the self-inspection shall be performed upon the commencement of the next business day. Any time when inspections were delayed shall be noted in the Inspection Record. NOTE: The rain inspection resets the required 7 calendar day inspection requirement. PART III SELF-INSPECTION, RECORDKEEPING AND REPORTING SECTION B: RECORDKEEPING 1.E&SC Plan Documentation The approved E&SC plan as well as any approved deviation shall be kept on the site. The approved E&SC plan must be kept up-to-date throughout the coverage under this permit. The following items pertaining to the E&SC plan shall be kept on site and available for inspection at all times during normal business hours. 2. Additional Documentation to be Kept on Site In addition to the E&SC plan documents above, the following items shall be kept on the site and available for inspectors at all times during normal business hours, unless the Division provides a site-specific exemption based on unique site conditions that make this requirement not practical: (a)This General Permit as well as the Certificate of Coverage, after it is received. (b)Records of inspections made during the previous twelve months. The permittee shall record the required observations on the Inspection Record Form provided by the Division or a similar inspection form that includes all the required elements. Use of electronically-available records in lieu of the required paper copies will be allowed if shown to provide equal access and utility as the hard-copy records. PART III SELF-INSPECTION, RECORDKEEPING AND REPORTING SECTION C: REPORTING 1.Occurrences that Must be Reported Permittees shall report the following occurrences: (a)Visible sediment deposition in a stream or wetland. (b)Oil spills if: ·They are 25 gallons or more, ·They are less than 25 gallons but cannot be cleaned up within 24 hours, ·They cause sheen on surface waters (regardless of volume), or ·They are within 100 feet of surface waters (regardless of volume). (c) Releases of hazardous substances in excess of reportable quantities under Section 311 of the Clean Water Act (Ref: 40 CFR 110.3 and 40 CFR 117.3) or Section 102 of CERCLA (Ref: 40 CFR 302.4) or G.S. 143-215.85. (d)Anticipated bypasses and unanticipated bypasses. (e)Noncompliance with the conditions of this permit that may endanger health or the environment. 2.Reporting Timeframes and Other Requirements After a permittee becomes aware of an occurrence that must be reported, he shall contact the appropriate Division regional office within the timeframes and in accordance with the other requirements listed below. Occurrences outside normal business hours may also be reported to the Department's Environmental Emergency Center personnel at (800) 858-0368. 3. Documentation to be Retained for Three Years All data used to complete the e-NOI and all inspection records shall be maintained for a period of three years after project completion and made available upon request. [40 CFR 122.41] PART II, SECTION G, ITEM (4) DRAW DOWN OF SEDIMENT BASINS FOR MAINTENANCE OR CLOSE OUT Sediment basins and traps that receive runoff from drainage areas of one acre or more shall use outlet structures that withdraw water from the surface when these devices need to be drawn down for maintenance or close out unless this is infeasible. The circumstances in which it is not feasible to withdraw water from the surface shall be rare (for example, times with extended cold weather). Non-surface withdrawals from sediment basins shall be allowed only when all of the following criteria have been met: (a)The E&SC plan authority has been provided with documentation of the non-surface withdrawal and the specific time periods or conditions in which it will occur. The non-surface withdrawal shall not commence until the E&SC plan authority has approved these items, (b)The non-surface withdrawal has been reported as an anticipated bypass in accordance with Part III, Section C, Item (2)(c) and (d) of this permit, (c)Dewatering discharges are treated with controls to minimize discharges of pollutants from stormwater that is removed from the sediment basin. Examples of appropriate controls include properly sited, designed and maintained dewatering tanks, weir tanks, and filtration systems, (d)Vegetated, upland areas of the sites or a properly designed stone pad is used to the extent feasible at the outlet of the dewatering treatment devices described in Item (c) above, (e)Velocity dissipation devices such as check dams, sediment traps, and riprap are provided at the discharge points of all dewatering devices, and (f)Sediment removed from the dewatering treatment devices described in Item (c) above is disposed of in a manner that does not cause deposition of sediment into waters of the United States. 9/2/2020 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 011000 - 1 SECTION 011000 - SUMMARY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Project information. 2. Work covered by Contract Documents. 3. Phased construction. 4. Work by Owner. 5. Work under separate contracts. 6. Access to site. 7. Coordination with occupants. 8. Work restrictions. 9. Specification and drawing conventions. B. Related Requirements: 1. Section 015000 "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities. 1.3 PROJECT INFORMATION A. Project Identification: <Orange County Whitted Complex>. 1. Project Location: <300 W. Tryon St, Hillsborough, NC >. B. Owner: Orange County C. Architect: Summit Design & Engineering, PLLC. 1. Contact: Don Sever, PE - Office: 919-810-7950, E-mail: don.sever@summitde.net D. Architect's Consultants: The Architect has retained the following design professionals who have prepared designated portions of the Contract Documents: 1. Atlas Engineering, Inc.. Contact; Kelli Wilcox - Office: 919-931-0961. Email kelli@atlasnc.com. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 011000 - 2 1.4 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of Project is defined by the Contract Documents and consists of the following: Accessible Ramp and Parking Addition An accessible ramp will be constructed from the gravel parking lot to the second story of the recreation building. Paved ADA parking spaces will also be added to complete the ADA route. Recreational building Repointing / caulking of the brick panel in the front of the building will be performed using similar colors and materials. Safety Fencing Safety fencing will be installed around the handicap ramp, the two bridges at the rear of the rec- reational facility, and portions of the concrete block retaining wall adjacent to the bridges. Flume Removal The flume wrapping around the rear of the recreation building will be removed to provide unob- structed access to the building entrances. To regrade the area to the first floor elevation, a seg- mental block wall 10’ away from the rear wall will be installed. Gravel Parking Approximately four inches of gravel will be added to the existing gravel parking lot. Landscaping Two 24” sycamore trees have grown adjacent to the steps and bridge in the rear of the recrea- tion building. These trees are impacting the integrity of the steps and bridge and need to be re- moved for the future safety of the structures. Eight – 3” caliper trees will be added in the gravel parking lot and rear slope to provide shade to the parked vehicles and breakup the large grass areas in the rear of the complex. Repair Stone Stairs The stone stairs will be repaired with a matching stone in areas where the stairs are cracked. One flight of stairs has the stone parapet being pulled away from the steps and needs to be re- built. At the top of stairs, the two courses of concrete block will be replaced with stone. Dumpster A dumpster corral will be added to the eastern side of the gravel parking lot. The dumpster will be enclosed with a wooden privacy fence. Drainage Improvements DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 011000 - 3 Several storm drainage structures and pipes will be added around the site to improve drainage around the buildings. Areas adjacent to the buildings will be regraded to slope away from the building walls towards the new storm sewer system. Limestone mulch 3’ wide with steel edging will be added at some building locations to minimize splash at the ground level windows. Grassed Swale A swale will be added to the eastern side of the soccer field to protect the adjacent property from flooding. Waterproofing Waterproofing will be added below ground at areas of the buildings identified on the plans. B. Type of Contract: 1. Project will be constructed under a single prime contract. 1.5 WORK UNDER SEPARATE CONTRACTS A. None. 1.6 ACCESS TO SITE A. General: Contractor shall have full use of Project site for construction operations during construction period. Contractor's use of Project site is limited only by Owner's right to perform work or to retain other contractors on portions of Project. 1.7 WORK RESTRICTIONS A. Work Restrictions, General: Comply with restrictions on construction operations. 1. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction. B. On-Site Work Hours: Limit work in the existing building to normal business working hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise indicated. 1. Weekend Hours: Owner approved hours. C. Nonsmoking Building: Smoking is not permitted within the building or within 25 feet of entrances, operable windows, or outdoor-air intakes. D. Controlled Substances: Use of tobacco products and other controlled substances on Project site is not permitted. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 011000 - 4 E. Employee Identification: Provide identification tags for Contractor personnel working on Project site. Require personnel to use identification tags at all times. 1.8 SPECIFICATION AND DRAWING CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. 2. Specification requirements are to be performed by Contractor unless specifically stated otherwise. B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications. C. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interrupted as appropriate. Words implied, but not stated, shall be inferred as the sense requires scheduled on Drawings. Singular words shall be interrupted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. 3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 011000 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012100 - 1 SECTION 012100 - ALLOWANCES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements governing allowances. 1. Certain items are specified in the Contract Documents by allowances. Allowances have been established in lieu of additional requirements and to defer selection of actual materials and equipment to a later date when direction will be provided to Contractor. If necessary, additional requirements will be issued by Change Order. B. Types of allowances include the following: 1. Lump-sum allowances. C. Related Requirements: 1. Divisions 3 through 26 sections for items of Work covered by allowances. 1.3 SELECTION AND PURCHASE A. At the earliest practical date after award of the Contract, advise Architect of the date when final selection and purchase of each product or system described by an allowance must be completed to avoid delaying the Work. B. Purchase products and systems selected by Architect from the designated supplier. 1.4 INFORMATIONAL SUBMITTALS A. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance. B. Submit time sheets and other documentation to show labor time and cost for installation of allowance items that include installation as part of the allowance. C. Coordinate and process submittals for allowance items in same manner as for other portions of the Work. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012100 - 2 1.5 COORDINATION A. Coordinate allowance items with other portions of the Work. Furnish templates as required to coordinate installation. 1.6 LUMP-SUM ALLOWANCES A. Allowance shall include cost to Contractor of specific products and materials ordered by Owner or selected by Architect under allowance. 1. Each allowance shall state whether or not is includes taxes, freight, and delivery to Project site. 1.7 ADJUSTMENT OF ALLOWANCES A. Allowance Adjustment: To adjust allowance amounts, prepare a Change Order proposal based on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place where applicable. If applicable, include reasonable allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins. 1. Include installation costs in purchase amount only where indicated as part of the allowance. 2. If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other margins claimed. B. Submit claims for increased costs because of a change in scope or nature of the allowance described in the Contract Documents, whether for the purchase order amount or Contractor's handling, labor, installation, overhead, and profit. 1. Do not include Contractor's or subcontractor's indirect expense in the Change Order cost amount unless it is clearly shown that the nature or extent of work has changed from what could have been foreseen from information in the Contract Documents. 2. No change to Contractor's indirect expense is permitted for selection of higher- or lower- priced materials or systems of the same scope and nature as originally indicated. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 EXAMINATION A. Examine products covered by an allowance promptly on delivery for damage or defects. Return damaged or defective products to manufacturer for replacement. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012100 - 3 3.2 PREPARATION A. Coordinate materials and their installation for each allowance with related materials and installations to ensure that each allowance item is completely integrated and interfaced with related work. 3.3 SCHEDULE OF ALLOWANCES A. None at this time. END OF SECTION 012100 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012500 - 1 SECTION 012500 - SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for substitutions. B. Related Requirements: 1. Section 016000 "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers. C. Section 012100 "Allowances" - NO Substitutions allowed or even considered for Allowances listed in Section 012100. 1. If products are found to be discontinued, contact Architect for alternate products. 1.3 DEFINITIONS A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms. 2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner. 1.4 ACTION SUBMITTALS A. Substitution Requests: Submit request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Substitution Request Form: Use CSI Form 13.1A. 2. Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012500 - 2 b. Coordination information, including a list of changes or revisions needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. c. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable Specification Section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified. d. Product Data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f. Certificates and qualification data, where applicable or requested. g. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. h. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. i. Research reports indicating evidence of compliance to the building code(s) in effect for Project, from 2018 NCSBC 's. j. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. k. Cost information, including a proposal of change, if any, in the Contract Sum. l. Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated. m. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 3. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within five days of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within 10 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. Forms of Acceptance: Change Order, Construction Change Directive, or Architect's Supplemental Instructions for minor changes in the Work. b. Use product specified if Architect does not issue a decision on use of a proposed substitution within time allocated. 1.5 QUALITY ASSURANCE A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012500 - 3 1.6 PROCEDURES A. Coordination: Revise or adjust affected work as necessary to integrate work of the approved substitutions. PART 2 - PRODUCTS 2.1 SUBSTITUTIONS A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: a. Requested substitution is consistent with the Contract Documents and will produce indicated results. b. Substitution request is fully documented and properly submitted. c. Requested substitution will not adversely affect Contractor's construction schedule. d. Requested substitution has received necessary approvals of authorities having jurisdiction. e. Requested substitution is compatible with other portions of the Work. f. Requested substitution has been coordinated with other portions of the Work. g. Requested substitution provides specified warranty. h. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. B. Substitutions for Convenience: Architect will consider requests for substitution if received within 15 days after the Notice of Award. Requests received after that time may be considered or rejected at discretion of Architect. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: a. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. b. Requested substitution does not require extensive revisions to the Contract Documents. c. Requested substitution is consistent with the Contract Documents and will produce indicated results. d. Substitution request is fully documented and properly submitted. e. Requested substitution will not adversely affect Contractor's construction schedule. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012500 - 4 f. Requested substitution has received necessary approvals of authorities having jurisdiction. g. Requested substitution is compatible with other portions of the Work. h. Requested substitution has been coordinated with other portions of the Work. i. Requested substitution provides specified warranty. j. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. PART 3 - EXECUTION (Not Used) END OF SECTION 012500 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012600 - 1 SECTION 012600 - CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for handling and processing Contract modifications. B. Related Requirements: 1. Section 012500 "Substitution Procedures" for administrative procedures for handling requests for substitutions made after the Contract award. 1.3 MINOR CHANGES IN THE WORK A. Architect will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, as "Architect's Supplemental Instructions." 1.4 PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Work Change Proposal Requests issued by Architect are not instructions either to stop work in progress or to execute the proposed change. 2. Within time specified in Proposal Request after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012600 - 2 e. Quotation Form: Use forms acceptable to Architect. B. Contractor-Initiated Proposals: If latent or changed conditions require modifications to the Contract, Contractor may initiate a claim by submitting a request for a change to Architect. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's construction schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 6. Comply with requirements in Section 012500 "Substitution Procedures" if the proposed change requires substitution of one product or system for product or system specified. 7. Proposal Request Form: Use form acceptable to Architect. 8. Indicate Contractor Overhead & Profit, combined amount not to exceed 10%. Sub- Contractor Overhead and fees not to exceed 5% 1.5 ADMINISTRATIVE CHANGE ORDERS A. Allowance Adjustment: See Section 012100 "Allowances" for administrative procedures for preparation of Change Order Proposal for adjusting the Contract Sum to reflect actual costs of allowances. 1.6 CHANGE ORDER PROCEDURES A. On Owner's approval of a Work Changes Proposal Request, Architect will issue a Change Order for signatures of Owner and Contractor on AIA Document G701. 1. Contractor may charge up to 10% Overhead and Profit. 2. Sub mark-ups will not exceed 5% Overhead and Profit. 1.7 CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: Architect may issue a Construction Change Directive. Construction Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012600 - 3 B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012600 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012620 - 1 SECTION 012620 - WEATHER DELAYS PART 1 - GENERAL 1.1 Extensions of Contract Time A. If the basis exists for an extension of time in accordance with section 1.2/C of the Conditions, an extension of time on the basis of weather may be granted only for the number of Weather Delay Days in excess of the number of days listed as the Standard Baseline for that month. 1.2 Standard Baseline for average climatic range A. The Architect has reviewed weather data available from the National Oceanic and Atmospheric Administration and determined a Standard Baseline of average climatic range for the projects location. B. Standard Baseline shall be regarded as the normal and anticipatable table number of calendar days for each month during which construction activity shall be expected to be prevented and suspended by cause of adverse weather. Suspension of construction activity for the number of days each month as listed in the Standard Baseline is included in the Work and is not eligible for extension of Contract Time. C. Standard Baseline is as follows: Jan. - 5; Feb. - 3; Mar. - 5; Apr.- 6; May. - 6; Jun. - 7; Jul. - 7; Aug. - 7; Sep. - 6; Oct. - 4; Nov. - 5; Dec. - 5. 1.3 Adverse Weather and Weather Delay Days A. Adverse Weather is defined as the occurrence of one or more of the following conditions which prevents exterior construction activity or access to the site within twenty-four (24) hours 1. Precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10") liquid measure 2. Temperatures which do not rise above 32 degrees F by 10:00 a.m. 3. Sustained wind in excess of twenty-five (25) m.p.h. 4. Sanding snow that cannot be removed in excess of one inch (1.00") B. Adverse Weather may include, if appropriate, "dry-out" or "mud" days: 1. For rain days above the standard baseline; 2. Only if there is a hindrance to site access or sitework, such as excavation, backfill, and footings; and, 3. At a rate no greater than 1 make-up day for each day or consecutive days of rain beyond the standard baseline that total 1.0 inch or more, liquid measure, unless specifically recommended otherwise by the Architect. C. A Weather Delay Day may be counted if adverse weather prevents work on the project for fifty percent (50%) or more of the contractor's scheduled work day, including a weekend day or holiday if Contractor has scheduled construction activity that day. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012620 - 2 1.4 Documentation and Submittals A. Provide a Weather Delay Report, indicating for each calendar month the days on which construction activity affecting the critical path of the Work was prevented by weather conditions. Provide written general cause; and indicate the measurement of precipitation, temperature, wind, or other influencing factors, using NOAA climate data and the construction activity that was scheduled and delayed. At the end of the month, add up the number of days delay, subtract the baseline number given and show the resulting claimable days. Submit a copy of the completed report with the next application for payment. Claims for time extension based upon weather delays will be denied if a submitted report does not corroborate the claim or if no report was submitted when it was required in accordance with this paragraph. Total time extension will be accumulated throughout the project duration from each monthly report. Extension for weather delays will be reviewed in conjunction with overall project completion based upon contracted days and substantial completion date. Claim will be accessed at the end of the project. B. Submit daily jobsite work logs showing which and to what extent construction activities have been affected by weather included in the regular reports. C. Submit actual weather data to support claim for time extension obtained from nearest NOAA weather station or other independently verified source approved by Architect at beginning of project. PART 2 - PRODUCTS PART 3 - EXECUTION END OF SECTION 012620 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012900 - 1 SECTION 012900 - PAYMENT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. B. Related Sections include the following: 1. Division 1 Section "Allowances" for procedural requirements governing handling and processing of allowances. 1.2 SUMMARY A. Related Requirements: 1. Section 012100 "Allowances" for procedural requirements governing the handling and processing of allowances. 2. Section 012600 "Contract Modification Procedures" for administrative procedures for handling changes to the Contract. 3. Section 013200 "Construction Progress Documentation" for administrative requirements governing the preparation and submittal of the Contractor's construction schedule. 1.3 DEFINITIONS A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 1.4 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the schedule of values with preparation of Contractor's construction schedule. 1. Coordinate line items in the schedule of values with other required administrative forms and schedules, including the following: a. Application for Payment forms with continuation sheets. b. Submittal schedule. c. Items required to be indicated as separate activities in Contractor's construction schedule. 1) List of subcontractor's suppliers and fabricators. 2. Submit the schedule of values to Architect at earliest possible date, but no later than 15 days before the date scheduled for submittal of initial Applications for Payment. No DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012900 - 2 payment will be made to Contractor until the schedule of values has been approved by Architect. B. Format and Content: Use Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one line item for each Specification Section. 1. Identification: Include the following Project identification on the schedule of values: a. Project name and location. b. Name of Architect. c. Architect's project number. d. Contractor's name and address. e. Date of submittal. f. Arrange the schedule of values in tabular form with separate columns to indicate the following for each item listed: g. Related Specification Section or Division. h. Description of the Work. i. Name of subcontractor. j. Name of manufacturer or fabricator. k. Name of supplier. l. Change Orders (numbers) that affect dollar value. m. Dollar value of the following, as a percentage of the Contract Sum to nearest one- hundredth percent, adjusted to total 100 percent. 1) Labor. 2) Materials. 3) Equipment. 2. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with Project Manual table of contents. Provide multiple line items for principal subcontract amounts in excess of five percent of the Contract Sum. 3. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 4. Provide a separate line item in the schedule of values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. a. Differentiate between items stored on-site and items stored off-site. If required, include evidence of insurance. 5. Provide separate line items in the schedule of values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 6. Allowances: Provide a separate line item in the schedule of values for each allowance. Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities. 7. Each item in the schedule of values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. 8. Schedule Updating: Update and resubmit the schedule of values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012900 - 3 1.5 APPLICATIONS FOR PAYMENT A. Each Application for Payment following the initial Application for Payment shall be consistent with previous applications and payments as certified by Architect and paid for by Owner. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion, and final Application for Payment involve additional requirements. B. Payment Application Times: The date for each progress payment is indicated in the Agreement between Owner and Contractor. The period of construction work covered by each Application for Payment is the period indicated in the Agreement. C. Application for Payment Forms: Use AIA Document G702 and AIA Document G703 as form for Applications for Payment. D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. Architect will return incomplete applications without action. 1. Entries shall match data on the schedule of values and Contractor's construction schedule. Use updated schedules if revisions were made. 2. Include amounts for work completed following previous Application for Payment, whether or not payment has been received. Include only amounts for work completed at time of Application for Payment. 3. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. E. Stored Materials: Include in Application for Payment amounts applied for materials or equipment purchased or fabricated and stored, but not yet installed. Differentiate between items stored on- site and items stored off-site. 1. Provide certificate of insurance, evidence of transfer of title to Owner, and consent of surety to payment, for stored materials. 2. Provide supporting documentation that verifies amount requested, such as paid invoices. Match amount requested with amounts indicated on documentation; do not include overhead and profit on stored materials. 3. Provide summary documentation for stored materials indicating the following: a. Value of materials previously stored and remaining stored as of date of previous Applications for Payment. b. Value of previously stored materials put in place after date of previous Application for Payment and on or before date of current Application for Payment. c. Value of materials stored since date of previous Application for Payment and remaining stored as of date of current Application for Payment. F. Transmittal: Submit signed and notarized copies of each Application for Payment to Architect by a method ensuring receipt within 24 hours. One copy shall include waivers of lien and similar attachments if required. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012900 - 4 G. Waivers of Mechanic's Lien: With each Application for Payment, submit waivers of mechanic's lien from entities lawfully entitled to file a mechanic's lien arising out of the Contract and related to the Work covered by the payment. 1. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item. 2. When an application shows completion of an item, submit conditional final or full waivers. 3. Owner reserves the right to designate which entities involved in the Work must submit waivers. 4. Waiver Forms: Submit executed waivers of lien on forms acceptable to Owner. H. Weather Report: With each Application for Payment, submit any claims for weather delays for the month as explained in Section 012620 "Weather Delays". I. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors, suppliers and fabricators. 2. Approved schedule of values. 3. Approved contractor's construction schedule. 4. Schedule of principal products. 5. Schedule of unit prices. 6. Submittal schedule. 7. List of Contractor's staff assignments. 8. List of Contractor's principal consultants. 9. Copies of building permits. 10. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 11. Initial progress report. 12. Report of preconstruction conference. J. Application for Payment at fifty percent (50%) of project completion: Upon completing more than half of the Project, the contractor may submit a reduction of retainage by one half at the Architect's discretion. 1. AIA Document G707A, "Consent of Surety, Release of Retainage." K. Application for Payment at Substantial Completion: After Architect issues the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificate(s) of Substantial Completion issued previously for Owner occupancy of designated portions of the Work. L. Final Payment Application: After completing Project closeout requirements, submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 012900 - 5 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Completion of items specified for completion after Substantial Completion. 4. Assurance that work not complete and accepted will be completed without undue delay. 5. Transmittal of required project construction records to Owner. 6. Removal of temporary facilities and services. 7. Removal of surplus materials, rubbish and similar elements. 8. Change of door locks to Owner's access. 9. Updated final statement, accounting for final changes to the Contract Sum. 10. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims." 11. AIA Document G706A, "Contractor's Affidavit of Release of Liens." 12. AIA Document G707, "Consent of Surety to Final Payment." 13. Evidence that claims have been settled. 14. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when Owner took possession of and assumed responsibility for corresponding elements of the Work. 15. Final liquidated damages settlement statement. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012900 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013100 - 1 SECTION 013100 - PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Administrative and supervisory personnel. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. General coordination procedures. 2. Requests for Information (RFIs). 3. Project meetings. B. Related Requirements: 1. Section 013200 "Construction Progress Documentation" for preparing and submitting Contractor's construction schedule. 2. Section 017300 "Execution" for procedures for coordinating general installation and field- engineering services, including establishment of benchmarks and control points. 3. Section 017700 "Closeout Procedures" for coordinating closeout of the Contract. 1.3 DEFINITIONS A. RFI: Request for Information from Contractor seeking information required by or clarifications of the Contract Documents. 1.4 INFORMATIONAL SUBMITTALS A. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form: 1. Name, address, and telephone number of entity performing subcontract or supplying products. 2. Number and title of related Specification Section(s) covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract. B. Key Personnel Names: Within 15 days of starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including office and cellular telephone numbers and e-mail addresses. Provide names, addresses, DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013100 - 2 and telephone numbers of individuals assigned as alternates in the absence of individuals assigned to Project. 1. Post copies of list in project meeting room, in temporary field office, and by each temporary telephone. Keep list current at all times. 1.5 GENERAL COORDINATION PROCEDURES A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. Coordination: Each contractor shall coordinate its construction operations with those of other contractors and entities to ensure efficient and orderly installation of each part of the Work. Each contractor shall coordinate its operations with operations, included in different Sections, that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum performance and accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. C. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. D. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's construction schedule. 2. Preparation of the schedule of values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013100 - 3 8. Startup and adjustment of systems. 1.6 REQUESTS FOR INFORMATION (RFIs) A. Procedure: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified. 1. RFIs shall originate with Contractor. Architect will return RFIs submitted to Architect by other entities controlled by Contractor with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. 3. RFIs shall be organized in one single PDF file containing all content as described below including transmittal, RFI sheet, and all supporting attachments. B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. Project name. 2. Project number. 3. Date. 4. Name of Contractor. 5. Name of Architect. 6. RFI number, numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. 9. Drawing number and detail references, as appropriate. 10. Field dimensions and conditions, as appropriate. 11. Contractor's suggested resolution. If Contractor's suggested resolution impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 12. Contractor's signature. 13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation. a. Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches. C. Architect's Action: Architect will review each RFI, determine action required, and respond. Allow 7 working days for Architect's response for each RFI. RFIs received by Architect after 1:00 p.m. will be considered as received the following working day. 1. The following Contractor-generated RFIs will be returned without action: a. Requests for approval of submittals. b. Information already found within the Contract Documents. 2. Architect's action may include a request for additional information, in which case Architect's time for response will date from time of receipt of additional information. 3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Section 012600 "Contract Modification Procedures." DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013100 - 4 a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response. D. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. Include the following: 1. Project name. 2. Name and address of Contractor. 3. Name and address of Architect. 4. RFI number including RFIs that were returned without action or withdrawn. 5. RFI description. 6. Date the RFI was submitted. 7. Date Architect's response was received. E. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response. 1. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. 1.7 PROJECT MEETINGS A. Preconstruction Conference: Architect will schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Architect, but no later than 10 days after execution of the Agreement. The conference will be held at the Architect's office or another convenient location. 1. Conduct the conference to review responsibilities and personnel assignments. 2. Attendees: Authorized representatives of Owner, Owner's Commissioning Authority, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 3. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. 4. Minutes: Architect will record and distribute meeting minutes. 5. . B. Progress Meetings: Conduct progress meetings at monthly intervals. 1. Coordinate dates of meetings with preparation of payment requests. 2. Attendees: In addition to representatives of Owner, Owner's Commissioning Authority and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013100 - 5 3. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Progress cleaning. 10) Quality and work standards. 11) Status of correction of deficient items. 12) Field observations. 13) Status of RFIs. 14) Status of proposal requests. 15) Pending changes. 16) Status of Change Orders. 17) Pending claims and disputes. 18) Documentation of information for payment requests. 4. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information. a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. C. Coordination Meetings: Conduct Project coordination meetings at seven days prior to events to occur. Project coordination meetings are in addition to specific meetings held for other purposes, such as progress meetings and preinstallation conferences. 1. Attendees: In addition to representatives of Owner, Owner's Commissioning Authority and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meetings shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of the previous coordination meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Combined Contractor's Construction Schedule: Review progress since the last coordination meeting. Determine whether each contract is on time, ahead of schedule, or behind schedule, in relation to combined Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013100 - 6 commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Work hours. 10) Hazards and risks. 11) Progress cleaning. 12) Quality and work standards. 13) Change Orders. 3. Reporting: Record meeting results and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 013100 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013200 - 1 SECTION 013200 - CONSTRUCTION PROGRESS DOCUMENTATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. Contractor's construction schedule. 2. Construction schedule updating reports. 3. Daily construction reports. 4. Site condition reports. 5. Special reports. B. Related Requirements: 1. Section 013300 "Submittal Procedures" for submitting schedules and reports. 2. Section 014000 "Quality Requirements" for submitting a schedule of tests and inspections. 1.3 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. Critical Activity: An activity on the critical path that must start and finish on the planned early start and finish times. 2. Predecessor Activity: An activity that precedes another activity in the network. 3. Successor Activity: An activity that follows another activity in the network. B. Cost Loading: The allocation of the schedule of values for the completion of an activity as scheduled. The sum of costs for all activities must equal the total Contract Sum unless otherwise approved by Architect. C. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project. D. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013200 - 2 E. Event: The starting or ending point of an activity. F. Float: The measure of leeway in starting and completing an activity. 1. Float time is not for the exclusive use or benefit of either Owner or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date. 2. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the successor activity. 3. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date. G. Resource Loading: The allocation of manpower and equipment necessary for the completion of an activity as scheduled. 1.4 INFORMATIONAL SUBMITTALS A. Format for Submittals: Submit required submittals in the following format: 1. Working electronic copy of schedule file, where indicated. 2. PDF electronic file. B. CPM Reports: Concurrent with CPM schedule, submit each of the following reports. Format for each activity in reports shall contain activity number, activity description, cost and resource loading, original duration, remaining duration, early start date, early finish date, late start date, late finish date, and total float in calendar days. 1. Activity Report: List of all activities sorted by activity number and then early start date, or actual start date if known. 2. Logic Report: List of preceding and succeeding activities for all activities, sorted in ascending order by activity number and then early start date, or actual start date if known. 3. Total Float Report: List of all activities sorted in ascending order of total float. 4. Earnings Report: Compilation of Contractor's total earnings from the Notice to Proceed until most recent Application for Payment. C. Construction Schedule Updating Reports: Submit with Applications for Payment. D. Daily Construction Reports: Submit at weekly intervals. E. Site Condition Reports: Submit at time of discovery of differing conditions. F. Special Reports: Submit at time of unusual event. 1.5 QUALITY ASSURANCE A. Prescheduling Conference: Conduct conference at Project site to comply with requirements in Section 013100 "Project Management and Coordination." Review methods and procedures related to the preliminary construction schedule and Contractor's construction schedule, including, but not limited to, the following: DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013200 - 3 1. Review software limitations and content and format for reports. 2. Verify availability of qualified personnel needed to develop and update schedule. 3. Discuss constraints, including interim milestones. 4. Review delivery dates for Owner-furnished products. 5. Review schedule for work of Owner's separate contracts. 6. Review submittal requirements and procedures. 7. Review time required for review of submittals and resubmittals. 8. Review requirements for tests and inspections by independent testing and inspecting agencies. 9. Review time required for Project closeout and Owner startup procedures. 10. Review and finalize list of construction activities to be included in schedule. 11. Review procedures for updating schedule. 1.6 COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. B. Coordinate Contractor's construction schedule with the schedule of values, submittal schedule, progress reports, payment requests, and other required schedules and reports. 1. Secure time commitments for performing critical elements of the Work from entities involved. 2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. PART 2 - PRODUCTS 2.1 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Substantial Completion. 1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. B. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected. 1. Phasing: Arrange list of activities on schedule by phase. 2. Work under More Than One Contract: Include a separate activity for each contract. 3. Work by Owner: Include a separate activity for each portion of the Work performed by Owner. 4. Products Ordered in Advance: Include a separate activity for each product. Include delivery date indicated in Section 011000 "Summary." Delivery dates indicated stipulate the earliest possible delivery date. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013200 - 4 5. Owner-Furnished Products: Include a separate activity for each product. Include delivery date indicated in Section 011000 "Summary." Delivery dates indicated stipulate the earliest possible delivery date. 6. Work Stages: Indicate important stages of construction for each major portion of the Work, including, but not limited to, the following: a. Pre-Con Meeting b. Progress Meetings - OAC (every 2 wks) c. Storm Drainage Inspections - Civil d. Waterproofing Inspections - Civil e. Pre-install Meeting - Landscaping f. Punchlist - GC g. Punchlist Work - GC h. Final Clean i. Warranties Complete C. Upcoming Work Summary: Prepare summary report indicating activities scheduled to occur or commence prior to submittal of next schedule update. Summarize the following issues: 1. Unresolved issues. 2. Unanswered Requests for Information. 3. Rejected or unreturned submittals. 4. Notations on returned submittals. 5. Pending modifications affecting the Work and Contract Time. D. Recovery Schedule: When periodic update indicates the Work is 14 or more calendar days behind the current approved schedule, submit a separate recovery schedule indicating means by which Contractor intends to regain compliance with the schedule. Indicate changes to working hours, working days, crew sizes, and equipment required to achieve compliance, and date by which recovery will be accomplished. 2.2 CONTRACTOR'S CONSTRUCTION SCHEDULE (CPM SCHEDULE) A. General: Prepare network diagrams using AON (activity-on-node) format. B. Startup Network Diagram: Submit diagram within 14 days of date established for the Notice to Proceed. Outline significant construction activities for the first 90 days of construction. Include skeleton diagram for the remainder of the Work and a cash requirement prediction based on indicated activities. C. CPM Schedule: Prepare Contractor's construction schedule using a time-scaled CPM network analysis diagram for the Work. 1. Develop network diagram in sufficient time to submit CPM schedule so it can be accepted for use no later than 14 days after date established for the Notice to Proceed. a. Failure to include any work item required for performance of this Contract shall not excuse Contractor from completing all work within applicable completion dates, regardless of Architect's approval of the schedule. 2. Conduct educational workshops to train and inform key Project personnel, including subcontractors' personnel, in proper methods of providing data and using CPM schedule information. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013200 - 5 3. Establish procedures for monitoring and updating CPM schedule and for reporting progress. Coordinate procedures with progress meeting and payment request dates. 4. Use "one workday" as the unit of time for individual activities. Indicate nonworking days and holidays incorporated into the schedule in order to coordinate with the Contract Time. D. CPM Schedule Preparation: Prepare a list of all activities required to complete the Work. Using the startup network diagram, prepare a skeleton network to identify probable critical paths. 1. Activities: Indicate the estimated time duration, sequence requirements, and relationship of each activity in relation to other activities. Include estimated time frames for the following activities: a. Preparation and processing of submittals. b. Mobilization and demobilization. c. Purchase of materials. d. Delivery. e. Fabrication. f. Utility interruptions. g. Installation. h. Work by Owner that may affect or be affected by Contractor's activities. i. Testing. j. Punch list and final completion. k. Activities occurring following final completion. 2. Critical Path Activities: Identify critical path activities, including those for interim completion dates. Scheduled start and completion dates shall be consistent with Contract milestone dates. 3. Processing: Process data to produce output data on a computer-drawn, time-scaled network. Revise data, reorganize activity sequences, and reproduce as often as necessary to produce the CPM schedule within the limitations of the Contract Time. 4. Identify adverse weather days built into the Project Construction Schedule per Month. a. Refer to Section 012620 "Weather Delays" for more detail. 5. Format: Mark the critical path. Locate the critical path near center of network; locate paths with most float near the edges. a. Subnetworks on separate sheets are permissible for activities clearly off the critical path. E. Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare a time-impact analysis using a network fragment to demonstrate the effect of the proposed change on the overall project schedule. 1. For any day that the General Contractor considers that the Project is delayed by adverse weather conditions, the GC shall identify in writing the adverse weather conditions affecting each activity, the specific nature of the activity affected, and the number of hours lost by each responsibility or trade. The number of days affected by adverse weather condition, beyond the number built into the GC's approved schedule will be taken into consideration for a time extension to the project completion date. Such a request for time extension of the contract time shall be submitted according to Section 012620 "Weather Delays". F. Initial Issue of Schedule: Prepare initial network diagram from a sorted activity list indicating straight "early start-total float." Identify critical activities. Prepare tabulated reports showing the following: DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013200 - 6 1. Contractor or subcontractor and the Work or activity. 2. Description of activity. 3. Main events of activity. 4. Immediate preceding and succeeding activities. 5. Early and late start dates. 6. Early and late finish dates. 7. Activity duration in workdays. 8. Total float or slack time. 9. Average size of workforce. 10. Dollar value of activity (coordinated with the schedule of values). G. Schedule Updating: Concurrent with making revisions to schedule, prepare tabulated reports showing the following: 1. Identification of activities that have changed. 2. Changes in early and late start dates. 3. Changes in early and late finish dates. 4. Changes in activity durations in workdays. 5. Changes in the critical path. 6. Changes in total float or slack time. 7. Changes in the Contract Time. H. Value Summaries: Prepare two cumulative value lists, sorted by finish dates. 1. In first list, tabulate activity number, early finish date, dollar value, and cumulative dollar value. 2. In second list, tabulate activity number, late finish date, dollar value, and cumulative dollar value. 3. In subsequent issues of both lists, substitute actual finish dates for activities completed as of list date. 4. Prepare list for ease of comparison with payment requests; coordinate timing with progress meetings. a. Submit value summary printouts one week before each regularly scheduled progress meeting. 2.3 REPORTS A. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site: 1. List of subcontractors at Project site. 2. List of separate contractors at Project site. 3. Approximate count of personnel at Project site. 4. Equipment at Project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions, including presence of rain or snow. 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events (see special reports). DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013200 - 7 10. Stoppages, delays, shortages, and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Construction Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial Completions authorized. B. Site Condition Reports: Immediately on discovery of a difference between site conditions and the Contract Documents, prepare and submit a detailed report. Submit with a Request for Information. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents. 2.4 SPECIAL REPORTS A. General: Submit special reports directly to Owner and Architect within one day(s) of an occurrence. Distribute copies of report to parties affected by the occurrence. B. Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project site, whether or not related directly to the Work, prepare and submit a special report. List chain of events, persons participating, response by Contractor's personnel, evaluation of results or effects, and similar pertinent information. Advise Owner in advance when these events are known or predictable. PART 3 - EXECUTION 3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting. 1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. 2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations. 3. As the Work progresses, indicate final completion percentage for each activity. B. Distribution: Distribute copies of approved schedule to Architect, Owner, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility. 1. Post copies in Project meeting rooms and temporary field offices. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013200 - 8 2. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. END OF SECTION 013200 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013300 - 1 SECTION 013300 - SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes requirements for the submittal schedule and administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. B. Related Requirements: 1. Section 012900 "Payment Procedures" for submitting Applications for Payment and the schedule of values. 2. Section 013200 "Construction Progress Documentation" for submitting schedules and reports, including Contractor's construction schedule. 3. Section 017823 "Operation and Maintenance Data" for submitting operation and maintenance manuals. 1.3 DEFINITIONS A. Action Submittals: Written and graphic information and physical samples that require Architect's responsive action. Action submittals are those submittals indicated in individual Specification Sections as "action submittals." B. Informational Submittals: Written and graphic information and physical samples that do not require Architect's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as "informational submittals." C. File Transfer Protocol (FTP): Communications protocol that enables transfer of files to and from another computer over a network and that serves as the basis for standard Internet protocols. An FTP site is a portion of a network located outside of network firewalls within which internal and external users are able to access files. D. Portable Document Format (PDF): An open standard file format licensed by Adobe Systems used for representing documents in a device-independent and display resolution-independent fixed- layout document format. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013300 - 2 1.4 ACTION SUBMITTALS A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making corrections or revisions to submittals noted by Architect and additional time for handling and reviewing submittals required by those corrections. 1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule. 2. No product Samples for Verifications are required other than written statement from the contractor stating that the specified products are the ones to be installed on this project. 3. Final Submittal: Submit concurrently with the first complete submittal of Contractor's construction schedule. a. Submit revised submittal schedule to reflect changes in current status and timing for submittals. b. Project name.Format: Use Summit Design and Engineering, PLLC "Submittal and Routing Form" for each submittal which will include following information. c. Scheduled date for first submittal. d. Specification Section number and title. e. Submittal category: Action; informational. f. Name of subcontractor. g. Description of the Work covered. h. Scheduled date for Architect's final release or approval. i. Scheduled date of fabrication. j. Scheduled dates for purchasing. k. Scheduled dates for installation. l. Activity or event number. B. Where substitutions are not permitted product submittals are not required other than a written statement from the contractor that the products installed will be exactly as specified. 1.5 SUBMITTAL ADMINISTRATIVE REQUIREMENTS A. Architect's Digital Data Files: Electronic digital data files of the Contract Drawings will not be provided by Architect for Contractor's use in preparing submittals. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. 3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals. 4. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013300 - 3 a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. 1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 15 days for review of each resubmittal. 4. Concurrent Consultant Review: Where the Contract Documents indicate that submittals may be transmitted simultaneously to Architect and to Architect's consultants, allow 15 days for review of each submittal. Submittal will be returned to Architect before being returned to Contractor. D. Electronic Submittals: Identify and incorporate information in each electronic submittal file as follows: 1. Assemble complete submittal package into a single indexed file incorporating submittal requirements of a single Specification Section and transmittal form with links enabling navigation to each item. 2. Name file with submittal number or other unique identifier, including revision identifier. a. File name shall use project identifier and Specification Section number followed by a decimal point and then a sequential number (e.g., LNHS-061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., LNHS- 061000.01.A). 3. Provide means for insertion to permanently record Contractor's review and approval markings and action taken by Architect. 4. Transmittal Form for Electronic Submittals: Use Summit Design and Engineering Services, PLLC submittal cover sheet: a. Project name. b. Date. c. Name and address of Architect. d. Name of Contractor. e. Name of firm or entity that prepared submittal. f. Names of subcontractor, manufacturer, and supplier. g. Category and type of submittal. h. Submittal purpose and description. i. Specification Section number and title. j. Specification paragraph number or drawing designation and generic name for each of multiple items. k. Drawing number and detail references, as appropriate. l. Location(s) where product is to be installed, as appropriate. m. Related physical samples submitted directly. n. Indication of full or partial submittal. o. Transmittal number, numbered consecutively. p. Submittal and transmittal distribution record. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013300 - 4 q. Other necessary identification. r. Remarks. 5. Metadata: Include the following information as keywords in the electronic submittal file metadata: a. Project name. b. Number and title of appropriate Specification Section. c. Manufacturer name. d. Product name. E. Options: Identify options requiring selection by Architect. F. Deviations and Additional Information: On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Architect on previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same identification information as related submittal. G. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked with approval notation from Architect's action stamp. H. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. I. Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Architect's action stamp. PART 2 - PRODUCTS 2.1 SUBMITTAL PROCEDURES A. General Submittal Procedure Requirements: Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections. 1. Submit electronic submittals via email as PDF electronic files. a. Files too large to be submitted via Email can be submitted via FTP site or thumb drive. b. Architect will return annotated file. Annotate and retain one copy of file as an electronic Project record document file. 2. Action Submittals: Submit copy of each submittal unless otherwise indicated. Architect will return reviewed copy. 3. Informational Submittals: Submit copy of each submittal unless otherwise indicated. Architect will not return copies. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013300 - 5 B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark, highlight, or circle product specific information on product data sheets that contain more than one product type. Unmarked product data will be returned to contractor without review. 3. Mark each copy of each submittal to show which products and options are applicable. 4. Include the following information, as applicable: a. Manufacturer's catalog cuts. b. Manufacturer's product specifications. c. Standard color charts. d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency. f. Application of testing agency labels and seals. g. Notation of coordination requirements. h. Availability and delivery time information. 5. For equipment, include the following in addition to the above, as applicable: a. Wiring diagrams showing factory-installed wiring. b. Printed performance curves. c. Operational range diagrams. d. Clearances required to other construction, if not indicated on accompanying Shop Drawings. 6. Submit Product Data before or concurrent with Samples. 7. Submit Product Data in the following format: a. PDF electronic file. C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Identification of products. b. Schedules. c. Compliance with specified standards. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches, but no larger than 36 by 48 inches. 3. Submit Shop Drawings in the following format: a. PDF electronic file. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013300 - 6 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. c. Sample source. d. Number and title of applicable Specification Section. e. Specification paragraph number and generic name of each item. 3. For projects where electronic submittals are required, provide corresponding electronic submittal of Sample transmittal, digital image file illustrating Sample characteristics, and identification information for record. 4. Disposition: Maintain sets of approved Samples at Project site, available for quality-control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use. b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor. 5. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit one sets of Samples. Architect will retain one. 1) Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated. E. Coordination Drawing Submittals: Comply with requirements specified in Section 013100 "Project Management and Coordination." F. Contractor's Construction Schedule: Comply with requirements specified in Section 013200 "Construction Progress Documentation." G. Application for Payment and Schedule of Values: Comply with requirements specified in Section 012900 "Payment Procedures." H. Test and Inspection Reports and Schedule of Tests and Inspections Submittals: Comply with requirements specified in Section 014000 "Quality Requirements." I. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of architects and owners, and other information specified. J. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification and Procedure Qualification Record on AWS forms. Include names of firms and personnel certified. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013300 - 7 K. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. L. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. M. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents. N. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. O. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. P. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. Q. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information: 1. Name of evaluation organization. 2. Date of evaluation. 3. Time period when report is in effect. 4. Product and manufacturers' names. 5. Description of product. 6. Test procedures and results. 7. Limitations of use. R. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. S. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. T. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. U. Design Data: Prepare and submit written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013300 - 8 load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. 2.2 DELEGATED-DESIGN SERVICES A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated. 1. If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Architect. B. Delegated-Design Services Certification: In addition to Shop Drawings, Product Data, and other required submittals, submit digitally signed PDF electronic file paper copies of certificate, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional. 1. Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing these services. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. Submittals submitted to Architect without Contractor's stamp indicating their action will be returned without review or comment. B. Project Closeout and Maintenance Material Submittals: See requirements in Section 017700 "Closeout Procedures." C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents prior to submittal to Architect. D. Mark, highlight, or circle product specific information on product data sheets that contain more than one product type. 3.2 ARCHITECT'S ACTION A. Action Submittals: Architect will review each submittal, make marks to indicate corrections or revisions required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 013300 - 9 1. 1. No Exceptions Taken. 2. Make Corrections as Noted. 3. Revise and Resubmit. 4. Rejected.. B. Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect will forward each submittal to appropriate party. C. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Architect. D. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review. E. Unmarked product data will be returned to contractor without review. F. Submittals not required by the Contract Documents may be returned by the Architect without action. END OF SECTION 013300 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 014000 - 1 SECTION 014000 - QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Specific quality-assurance and -control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified tests, inspections, and related actions do not limit Contractor's other quality- assurance and -control procedures that facilitate compliance with the Contract Document requirements. 3. Requirements for Contractor to provide quality-assurance and -control services required by Architect, Owner, Commissioning Authority, or authorities having jurisdiction are not limited by provisions of this Section. 1.3 DEFINITIONS A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements. B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Architect. C. Preconstruction Testing: Tests and inspections performed specifically for Project before products and materials are incorporated into the Work, to verify performance or compliance with specified criteria. D. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 014000 - 2 E. Source Quality-Control Testing: Tests and inspections that are performed at the source, e.g., plant, mill, factory, or shop. F. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work. G. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. H. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. 1. Use of trade-specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade(s). I. Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of five previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. 1.4 CONFLICTING REQUIREMENTS A. Referenced Standards: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Architect for a decision before proceeding. B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. 1.5 CONTRACTOR'S QUALITY-CONTROL PLAN A. Quality-Control Plan, General: Submit quality-control plan within 10 days of Notice to Proceed, and not less than five days prior to preconstruction conference. Submit in format acceptable to Architect. Identify personnel, procedures, controls, instructions, tests, records, and forms to be used to carry out Contractor's quality-assurance and quality-control responsibilities. Coordinate with Contractor's construction schedule. B. Quality-Control Personnel Qualifications: Engage qualified full-time personnel trained and experienced in managing and executing quality-assurance and quality-control procedures similar in nature and extent to those required for Project. 1. Project quality-control manager may also serve as Project superintendent. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 014000 - 3 C. Submittal Procedure: Describe procedures for ensuring compliance with requirements through review and management of submittal process. Indicate qualifications of personnel responsible for submittal review. D. Testing and Inspection: In quality-control plan, include a comprehensive schedule of Work requiring testing or inspection, including the following: 1. Contractor-performed tests and inspections including subcontractor-performed tests and inspections. Include required tests and inspections and Contractor-elected tests and inspections. 2. Special inspections required by authorities having jurisdiction and indicated on the "Statement of Special Inspections." 3. Owner-performed tests and inspections indicated in the Contract Documents. E. Continuous Inspection of Workmanship: Describe process for continuous inspection during construction to identify and correct deficiencies in workmanship in addition to testing and inspection specified. Indicate types of corrective actions to be required to bring work into compliance with standards of workmanship established by Contract requirements and approved mockups. F. Monitoring and Documentation: Maintain testing and inspection reports including log of approved and rejected results. Include work Architect has indicated as nonconforming or defective. Indicate corrective actions taken to bring nonconforming work into compliance with requirements. Comply with requirements of authorities having jurisdiction. 1.6 REPORTS AND DOCUMENTS A. Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections. Include the following: 1. Date of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting. B. Manufacturer's Technical Representative's Field Reports: Prepare written information documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following: DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 014000 - 4 1. Name, address, and telephone number of technical representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. 4. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance complies with requirements. 6. Statement whether conditions, products, and installation will affect warranty. 7. Other required items indicated in individual Specification Sections. C. Factory-Authorized Service Representative's Reports: Prepare written information documenting manufacturer's factory-authorized service representative's tests and inspections specified in other Sections. Include the following: 1. Name, address, and telephone number of factory-authorized service representative making report. 2. Statement that equipment complies with requirements. 3. Results of operational and other tests and a statement of whether observed performance complies with requirements. 4. Statement whether conditions, products, and installation will affect warranty. 5. Other required items indicated in individual Specification Sections. D. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.7 QUALITY ASSURANCE A. General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. C. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. D. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. E. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar in material, design, and extent to those indicated for this Project. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 014000 - 5 F. Specialists: Certain Specification Sections require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. 1. Requirements of authorities having jurisdiction shall supersede requirements for specialists. G. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 329; and with additional qualifications specified in individual Sections; and, where required by authorities having jurisdiction, that is acceptable to authorities. 1. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7. H. Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. I. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. 1.8 QUALITY CONTROL A. Owner Responsibilities: Where quality-control services are indicated as Owner's responsibility, Owner will engage a qualified testing agency to perform these services. 1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. 2. Payment for these services will be made by the Owner. 3. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor, and the Contract Sum will be adjusted by Change Order. B. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities required to verify that the Work complies with requirements, whether specified or not. 1. Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not. 2. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner. 3. Notify testing agencies at least 48 hours in advance of time when Work that requires testing or inspecting will be performed. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 014000 - 6 4. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service. 5. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility. 6. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. C. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Section 013300 "Submittal Procedures." D. Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of written reports. E. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents. F. Testing Agency Responsibilities: Cooperate with Architect, Commissioning Authority and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. 1. Notify Architect, Commissioning Authority, and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. 2. Determine the location from which test samples will be taken and in which in-situ tests are conducted. 3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. 4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality- control service through Contractor. 5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. 6. Do not perform any duties of Contractor. G. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 014000 - 7 7. Security and protection for samples and for testing and inspecting equipment at Project site. H. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for tests, inspections, obtaining samples, and similar activities. 1.9 SPECIAL TESTS AND INSPECTIONS A. Special Tests and Inspections: Conducted by a qualified special inspector as required by authorities having jurisdiction, as indicated in individual Specification Sections and in Statement of Special Inspections attached to this Section, and as follows: 1. Verifying that manufacturer maintains detailed fabrication and quality-control procedures and reviews the completeness and adequacy of those procedures to perform the Work. 2. Submitting a final report of special tests and inspections at Substantial Completion, which includes a list of unresolved deficiencies. 3. Retesting and reinspecting corrected work. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 TEST AND INSPECTION LOG A. Test and Inspection Log: Prepare a record of tests and inspections. Include the following: 1. Date test or inspection was conducted. 2. Description of the Work tested or inspected. 3. Date test or inspection results were transmitted to Architect. 4. Identification of testing agency or special inspector conducting test or inspection. B. Maintain log at Project site. Post changes and revisions as they occur. Provide access to test and inspection log for Architect's, Commissioning Authority's, reference during normal working hours. 3.2 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. 1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 014000 - 8 possible. Comply with the Contract Document requirements for cutting and patching in Section 017300 "Execution." B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION 014000 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 015000 - 1 SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities. B. Related Requirements: 1. Section 011000 "Summary" for work restrictions and limitations on utility interruptions. 2. Section 312319 "Dewatering" for disposal of ground water at Project site. 3. Section 321216 "Asphalt Paving" for construction and maintenance of asphalt pavement for temporary roads and paved areas. 4. Section 321313 "Concrete Paving" for construction and maintenance of cement concrete pavement for temporary roads and paved areas. 1.3 USE CHARGES A. General: Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Architect, testing agencies, and authorities having jurisdiction. B. Water Service: Pay water-service use charges for water used by all entities for construction operations. C. Electric Power Service: Pay electric-power-service use charges for electricity used by all entities for construction operations. 1.4 INFORMATIONAL SUBMITTALS A. Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction personnel. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 015000 - 2 1.5 QUALITY ASSURANCE A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70. B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. 1.6 PROJECT CONDITIONS A. Temporary Use of Permanent Facilities: Engage Installer of each permanent service to assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities. PART 2 - PRODUCTS 2.1 TEMPORARY FACILITIES – NOT REQUIRED A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading. B. Common-Use Field Office: Of sufficient size to accommodate needs of Owner, Architect, and construction personnel office activities and to accommodate Project meetings specified in other Division 01 Sections. Keep office clean and orderly. Furnish and equip offices as follows: 1. Furniture required for Project-site documents including file cabinets, plan tables, plan racks, and bookcases. 2. Conference room of sufficient size to accommodate meetings of 10 individuals. Provide electrical power service and 120-V ac duplex receptacles, with no fewer than one receptacle on each wall. - 3. Drinking water and private toilet. 4. Heating and cooling equipment necessary to maintain a uniform indoor temperature of 68 to 72 deg F. 5. Lighting fixtures capable of maintaining average illumination of 20 fc at desk height. C. Storage and Fabrication Sheds: Provide sheds sized, furnished, and equipped to accommodate materials and equipment for construction operations. 1. Store combustible materials apart from building. 2.2 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. B. HVAC Equipment: Unless Owner authorizes use of permanent HVAC system, provide vented, self-contained, liquid-propane-gas or fuel-oil heaters with individual space thermostatic control. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 015000 - 3 1. Use of gasoline-burning space heaters, open-flame heaters, or salamander-type heating units is prohibited. C. Air-Filtration Units: Primary and secondary HEPA-filter-equipped portable units with four-stage filtration. Provide single switch for emergency shutoff. Configure to run continuously. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION A. General: Install temporary service or connect to existing service. 1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. B. Water Service: Install water service and distribution piping in sizes and pressures adequate for construction. C. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. D. Heating and Cooling: Provide temporary heating and cooling required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. E. Ventilation and Humidity Control: Provide temporary ventilation required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed. Coordinate ventilation requirements to produce ambient condition required and minimize energy consumption. 1. Provide dehumidification systems when required to reduce substrate moisture levels to level required to allow installation or application of finishes. F. Electric Power Service: Provide electric power service and distribution system of sufficient size, capacity, and power characteristics required for construction operations. 1. Install electric power service underground unless otherwise indicated. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 015000 - 4 G. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions. 1. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system. H. Telephone Service: Provide temporary telephone service (hard line or cell) in common-use facilities for use by all construction personnel. 1. At each telephone, post a list of important telephone numbers. a. Police and fire departments. b. Ambulance service. c. Contractor's home office. d. Contractor's emergency after-hours telephone number. e. Architect's office. f. Principal subcontractors' field and home offices. 2. Provide superintendent with cellular telephone or portable two-way radio for use when away from field office. I. Electronic Communication Service: Provide a desktop or laptop computer in the primary field office adequate for use to access Project electronic documents and maintain electronic communications. Equip computer with not less than the following: 1. Full-size keyboard and mouse. 2. Operating System: Microsoft Windows XP Professional or Microsoft Windows Vista Business. 3. Productivity Software: a. Microsoft Office Professional, XP or higher, including Word, Excel, and Outlook. b. Adobe Reader 7.0 or higher. c. WinZip 7.0 or higher. 4. Printer: "All-in-one" unit equipped with printer server, combining color printing, photocopying, scanning, and faxing, or separate units for each of these three functions. 5. Internet Service: Broadband modem, router and ISP, equipped with hardware firewall, providing minimum 384 Kbps upload and 1 Mbps download speeds at each computer. 6. Internet Security: Integrated software, providing software firewall, virus, spyware, phishing, and spam protection in a combined application. 7. Backup: External hard drive, minimum 40 gigabyte, with automated backup software providing daily backups. 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: 1. Provide construction for temporary offices, shops, and sheds located within construction area or within 30 feet of building lines that is noncombustible according to ASTM E 136. Comply with NFPA 241. 2. Maintain support facilities until Architect schedules Substantial Completion inspection. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 015000 - 5 B. Temporary Use of Permanent Roads and Paved Areas: Locate temporary roads and paved areas in same location as permanent roads and paved areas. Construct and maintain temporary roads and paved areas adequate for construction operations. Extend temporary roads and paved areas, within construction limits indicated, as necessary for construction operations. 1. Coordinate elevations of temporary roads and paved areas with permanent roads and paved areas. 2. Prepare subgrade and install subbase and base for temporary roads and paved areas according to Section 312000 "Earth Moving." 3. Recondition base after temporary use, including removing contaminated material, regrading, proofrolling, compacting, and testing. C. Traffic Controls: Comply with requirements of authorities having jurisdiction. 1. Maintain access for fire-fighting equipment and access to fire hydrants. D. Parking: Provide temporary parking areas for construction personnel. E. Dewatering Facilities and Drains: Comply with requirements of authorities having jurisdiction. Maintain Project site, excavations, and construction free of water. 1. Dispose of rainwater in a lawful manner that will not result in flooding Project or adjoining properties or endanger permanent Work or temporary facilities. 2. Remove snow and ice as required to minimize accumulations. F. Project Signs: Provide Project signs as indicated. Unauthorized signs are not permitted. 1. Identification Signs: Provide Project identification signs as indicated on Drawings. 2. Temporary Signs: Provide other signs as indicated and as required to inform public and individuals seeking entrance to Project. a. Provide temporary, directional signs for construction personnel and visitors. 3. Maintain and touchup signs so they are legible at all times. G. Waste Disposal Facilities: Comply with requirements specified in Section 017419 "Construction Waste Management and Disposal." 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. 1. Comply with work restrictions specified in Section 011000 "Summary." B. Temporary Erosion and Sedimentation Control: Comply with requirements of 2003 EPA Construction General Permit or authorities having jurisdiction, whichever is more stringent and requirements specified in Section 311000 "Site Clearing." 1. In accepting the terms of this contract, the Contractor agrees to pursue a vigorous program of temporary erosion and sedimentation control measures as indicated in the drawings and DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 015000 - 6 as directed by the Architect. Erosion and sedimentation control features shall be in place prior to earth disturbing activities and must be maintained continually throughout the life of the project. a. The project site is subject to periodic inspection by the North Carolina DENR to ensure conformance with erosion control regulations. The Contractor will cooperate to the fullest extent in maintaining devices for erosion and sedimentation control and immediately make additions, corrections, and modifications to these devices as directed by the Architect. The costs for installation and maintenance of erosion and sedimentation control devices shall be included in the lump sum bid. C. Stormwater Control: Comply with requirements of authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rains. D. Tree and Plant Protection: Comply with requirements specified in Section 015639 "Temporary Tree and Plant Protection." E. Pest Control: Engage pest-control service to recommend practices to minimize attraction and harboring of rodents, roaches, and other pests and to perform extermination and control procedures at regular intervals so Project will be free of pests and their residues at Substantial Completion. Perform control operations lawfully, using environmentally safe materials. F. Security Enclosure and Lockup: Install temporary enclosure around partially completed areas of construction. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. Lock entrances at end of each work day. G. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. H. Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Provide temporary weathertight enclosure for building exterior. 1. Where heating or cooling is needed and permanent enclosure is incomplete, insulate temporary enclosures. I. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241; manage fire-prevention program. 1. Prohibit smoking in construction areas. 2. Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition according to requirements of authorities having jurisdiction. 3. Develop and supervise an overall fire-prevention and -protection program for personnel at Project site. Review needs with local fire department and establish procedures to be followed. Instruct personnel in methods and procedures. Post warnings and information. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 015000 - 7 3.5 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion. D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs. 2. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Section 017700 "Closeout Procedures." END OF SECTION 015000 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 016000 - 1 SECTION 016000 - PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract Documents, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products. B. Related Requirements: 1. Section 012100 "Allowances" for products selected under an allowance. 2. Section 012500 "Substitution Procedures" for requests for substitutions. 1.3 DEFINITIONS A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products. 3. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. B. Basis-of-Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis-of-design product," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 016000 - 2 1.4 Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1.5 QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options. 1. Each contractor is responsible for providing products and construction methods compatible with products and construction methods of other contractors. 2. If a dispute arises between contractors over concurrently selectable but incompatible products, Architect will determine which products shall be used. 1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions. B. Delivery and Handling: 1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected. C. Storage: 1. Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. 4. Protect foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. 5. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. 6. Protect stored products from damage and liquids from freezing. 7. Provide a secure location and enclosure at Project site for storage of materials and equipment by Owner's construction forces. Coordinate location with Owner. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 016000 - 3 1.7 PRODUCT WARRANTIES A. This section includes administrative and procedural requirements for warranties required by the Contract Documents, including manufacturer's standard warranties on products and special warranties. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of warranty on Work that incorporates products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. B. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction. C. Reinstatement of Warranty: When work covered by warranty has failed and been corrected by replacement or rebuilding, reinstate warranty by written endorsement. Reinstated warranty shall be equal to original warranty with equitable adjustment for depreciation. D. Replacement Cost: Upon determination that Work covered by warranty has failed replace or rebuild Work to an acceptable condition complying with requirements of Contract Documents. Contractor is responsible for cost of replacing or rebuilding defective Work regardless of whether Owner has benefited from use of Work through portion of its anticipated useful service life. E. Owner's Recourse: Expressed warranties made to Owner are in addition to implied warranties, and shall not limit duties, obligations, rights and remedies otherwise available under law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights, or remedies. F. Rejection of Warranties: Owner reserves the right to reject warranties and to limit selection to products with warranties not in conflict with the requirements of Contract Documents. G. Submit written warranties to the Architect prior to date certified for Final Payment. If Architect's Certificate of Final Payment designates commencement date for warranties other than date of Final Payment for Work, or designated portion of Work, submit written warranties upon request of the Architect. H. Form of Submittal: At Final Completion compile each required warranty properly executed by Contractor, or by Contractor, subcontractor, supplier, or manufacturer. Organize warranty documents into an orderly sequence based on table of contents of Project Manual. Bind warranties and bonds in PDF format and submit digitally. 1. Bookmark tab to identify product or installation. I. Submittal Time: Comply with requirements in Section 017700 "Closeout Procedures." DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 016000 - 4 PART 2 - PRODUCTS 2.1 PRODUCT SELECTION PROCEDURES A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation. 1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. 2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects. 3. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents. 4. Where products are accompanied by the term "as selected," Architect will make selection. 5. Where products are accompanied by the term "match sample" sample to be matched is Architect's. 6. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products. B. Product Selection Procedures: 1. Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. 2. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. 3. Products: a. Restricted List: Where Specifications include a list of names of both manufacturers and products, provide one of the products listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered unless otherwise indicated. b. Nonrestricted List: Where Specifications include a list of names of both available manufacturers and products, provide one of the products listed, or an unnamed product, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product. 4. Manufacturers: a. Restricted List: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered unless otherwise indicated. b. Nonrestricted List: Where Specifications include a list of available manufacturers, provide a product by one of the manufacturers listed, or a product by an unnamed manufacturer, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed manufacturer's product. 5. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 016000 - 5 Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers. C. Visual Matching Specification: Where Specifications require "match Architect's sample", provide a product that complies with requirements and matches Architect's sample. Architect's decision will be final on whether a proposed product matches. 1. If no product available within specified category matches and complies with other specified requirements, comply with requirements in Section 012500 "Substitution Procedures" for proposal of product. D. Visual Selection Specification: Where Specifications include the phrase "as selected by Architect from manufacturer's full range" or similar phrase, select a product that complies with requirements. Architect will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items. 2.2 COMPARABLE PRODUCTS A. Conditions for Consideration: Architect will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect may return requests without action, except to record noncompliance with these requirements: 1. Evidence that the proposed product does not require revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. 2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. 3. Evidence that proposed product provides specified warranty. 4. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners, if requested. 5. Samples, if requested. PART 3 - EXECUTION (Not Used) END OF SECTION 016000 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017300 - 1 SECTION 017300 - EXECUTION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Site availability. 1. Construction layout. 2. Field engineering and surveying. 3. Installation of the Work. 4. Cutting and patching. 5. Coordination of Owner-installed products. 6. Progress cleaning. 7. Starting and adjusting. 8. Protection of installed construction. B. Related Requirements: 1. Division 1 "Closeout Procedures" for submitting Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, and final cleaning. 1.3 DEFINITIONS A. Cutting: Removal of in-place construction necessary to permit installation or performance of other work. B. Patching: Fitting and repair work required to restore construction to original conditions after installation of other work. 1.4 QUALITY ASSURANCE A. Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing land-surveying services of the kind indicated. B. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements. 1. Structural Elements: When cutting and patching structural elements, notify Architect of locations and details of cutting and await directions from Architect before proceeding. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017300 - 2 Shore, brace, and support structural elements during cutting and patching. Do not cut and patch structural elements in a manner that could change their load-carrying capacity or increase deflection a. All structural steel framing. 2. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. Operational elements include the following: a. Primary operational systems and equipment. 3. Other Construction Elements: Do not cut and patch other construction elements or components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety. Other construction elements include but are not limited to the following: a. Water, moisture, or vapor barriers. 4. Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Architect's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. C. Cutting and Patching Conference: Before proceeding, meet at Project site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. D. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of products and equipment. PART 2 - PRODUCTS 2.1 MATERIALS A. General: Comply with requirements specified in other Sections. B. In-Place Materials: Use materials for patching identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible. 1. If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to Architect for the visual and functional performance of in-place materials. PART 3 - EXECUTION 3.1 EXAMINATION A. Subsurface report: None available. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017300 - 3 B. Existing Conditions: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities, and other construction affecting the Work. 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; underground electrical services, and other utilities. 2. Furnish location data for work related to Project that must be performed by public utilities serving Project site. C. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed. D. Written Report: Where a written report listing conditions detrimental to performance of the Work is required by other Sections, include the following: 1. Description of the Work. 2. List of detrimental conditions, including substrates. 3. List of unacceptable installation tolerances. 4. Recommended corrections. E. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Existing Utility Information: Furnish information to local utility that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of Contractor, submit a request for information to Architect according to requirements in Section 013100 "Project Management and Coordination." DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017300 - 4 3.3 CONSTRUCTION LAYOUT A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Architect promptly. B. General: Engage a land surveyor to lay out the Work using accepted surveying practices. 1. Contractor to establish benchmarks and control points and shall layout all work and make all surveys necessary for the satisfactory completion of the work in accordance with the Contract Documents. The Contractor shall be responsible for all measurements required for the execution of the work. 2. Establish limits on use of Project site. 3. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. 4. Inform installers of lines and levels to which they must comply. 5. Check the location, level and plumb, of every major element as the Work progresses. 6. Notify Architect when deviations from required lines and levels exceed allowable tolerances. 7. Close site surveys with an error of closure equal to or less than the standard established by authorities having jurisdiction. C. Site Improvements: Locate and lay out site improvements, including pavements, grading, fill and topsoil placement, utility slopes, and rim and invert elevations. D. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys, weather conditions, name and duty of each survey party member, and types of instruments and tapes used. Make the log available for reference by Architect. E. The Contractor shall provide competent and experienced personnel for all layout work. All surveys made by Contractor shall be made under the supervision of a licensed Professional Land Surveyor registered in the State of North Carolina. 3.4 FIELD ENGINEERING A. Identification: Owner will identify existing benchmarks, control points, and property corners. B. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. 1. Do not change or relocate existing benchmarks or control points without prior written approval of Architect. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or control points to Architect before proceeding. 2. Replace lost or destroyed permanent benchmarks and control points promptly. Base replacements on the original survey control points. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017300 - 5 C. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site, referenced to data established by survey control points. Comply with authorities having jurisdiction for type and size of benchmark. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. 2. Where the actual location or elevation of layout points cannot be marked, provide temporary reference points sufficient to locate the Work. 3. Remove temporary reference points when no longer needed. Restore marked construction to its original condition. 3.5 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Sequence the Work and allow adequate clearances to accommodate movement of construction items on site and placement in permanent locations. F. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. G. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. H. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. I. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. 3.6 CUTTING AND PATCHING A. Cutting and Patching, General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1. Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017300 - 6 B. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties. C. Temporary Support: Provide temporary support of work to be cut. D. Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. E. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond- core drill. 4. Excavating and Backfilling: Comply with requirements in applicable Sections where required by cutting and patching operations. 5. Proceed with patching after construction operations requiring cutting are complete. F. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other work. Patch with durable seams that are as invisible as practicable. Provide materials and comply with installation requirements specified in other Sections, where applicable. 1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation. 2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will minimize evidence of patching and refinishing. a. Clean piping, conduit, and similar features before applying paint or other finishing materials. 3. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition and ensures thermal and moisture integrity of building enclosure. G. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces. 3.7 PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017300 - 7 2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F (27 deg C). 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. a. Use containers intended for holding waste materials of type to be stored. 4. Coordinate progress cleaning for joint-use areas where Contractor and other contractors are working concurrently. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. F. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in Section 017419 "Construction Waste Management and Disposal." G. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. H. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. I. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 3.8 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. B. Comply with manufacturer's written instructions for temperature and relative humidity. END OF SECTION 017300 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017419 - 1 SECTION 017419 - CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for the following: 1. Disposing of nonhazardous construction waste. B. Related Requirements: 1. Section 311000 "Site Clearing" for disposition of waste resulting from site clearing and removal of above- and below-grade improvements. 1.3 DEFINITIONS A. Construction Waste: Building and site improvement materials and other solid waste resulting from construction, remodeling, renovation, or repair operations. Construction waste includes packaging. B. Disposal: Removal off-site of demolition and construction waste and subsequent sale, recycling, reuse, or deposit in landfill or incinerator acceptable to authorities having jurisdiction. 1.4 PERFORMANCE REQUIREMENTS A. Develop waste management plan that results to waste material and debris being promptly removed from the site and the Owner's property. B. General: Practice efficient waste management in the use of materials in the course of the Work. Use all reasonable means to divert construction and demolition waste from landfills and incinerators. Facilitate recycling and salvage of materials. 1. Construction Waste: a. Masonry and CMU. b. Lumber. c. Packaging: Regardless of salvage/recycle goal indicated in "General" Paragraph above, salvage or recycle 100 percent of the following uncontaminated packaging materials: 1) Paper. 2) Cardboard. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017419 - 2 3) Boxes. 4) Plastic sheet and film. 5) Polystyrene packaging. 6) Wood crates. 7) Plastic pails. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 PLAN IMPLEMENTATION A. General: Implement approved waste management plan. Provide handling, containers, storage, signage, transportation, and other items as required to implement waste management plan during the entire duration of the Contract. 1. Comply with operation, termination, and removal requirements in Section 015000 "Temporary Facilities and Controls." B. Site Access and Temporary Controls: Conduct waste management operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1. Designate and label specific areas on Project site necessary for separating materials that are to be salvaged, recycled, reused, donated, and sold. 2. Comply with Section 015000 "Temporary Facilities and Controls" for controlling dust and dirt, environmental protection, and noise control. 3.2 DISPOSAL OF WASTE A. General: Except for items or materials to be salvaged, recycled, or otherwise reused, remove waste materials from Project site and legally dispose of them in a landfill or incinerator acceptable to authorities having jurisdiction. 1. Except as otherwise specified, do not allow waste materials that are to be disposed of accumulate on-site. 2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. B. Burning: Do not burn waste materials. C. Disposal: Remove waste materials from Owner's property and legally dispose of them. D. The contractor shall be responsible for procurement of all permits or rights as governed by local ordinances for disposal of materials at said landfill or disposal sites. E. The contractor shall take appropriate measures, while hauling waste materials to landfill or disposal site, to prevent demolition debris from spilling and thus affecting the safe use of public and private roads. Debris control during course of disposal and removal from project site on DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017419 - 3 public, private or haul roads will be considered incidental to the Work covered under the Contract Documents. 3.3 DUST, DEBRIS AND SMOKE CONTROL A. The Contractor shall control dust, debris and smoke throughout the life of the project within the project site. Dust, Debris and smoke control shall not be considered effective where the amount of dust, debris or smoke creates a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property. END OF SECTION 017419 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017700 - 1 SECTION 017700 - CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Substantial Completion procedures. 2. Final completion procedures. 3. Warranties. 4. Final cleaning. 5. Repair of the Work. 6. Inspection procedures. B. Related Requirements: 1. Section 017300 "Execution" for progress cleaning of Project site. 2. Section 017823 "Operation and Maintenance Data" for operation and maintenance manual requirements. 3. Section 017900 "Demonstration and Training" for requirements for instructing Owner's personnel. 1.3 ACTION SUBMITTALS A. Product Data: For cleaning agents. B. Contractor's List of Incomplete Items: Initial submittal at Substantial Completion. C. Certified List of Incomplete Items: Final submittal at Final Completion. 1.4 CLOSEOUT SUBMITTALS A. Certificates of Release: From authorities having jurisdiction. B. Certificate of Insurance: For continuing coverage. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017700 - 2 1.5 MAINTENANCE MATERIAL SUBMITTALS A. Schedule of Maintenance Material Items: For maintenance material submittal items specified in other Sections. 1.6 SUBSTANTIAL COMPLETION PROCEDURES A. Contractor's List of Incomplete Items: Prepare and submit a list of items to be completed and corrected (Contractor's punch list), indicating the value of each item on the list and reasons why the Work is incomplete. B. Submittals Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 1. Certificates of Release: Obtain and submit releases from authorities having jurisdiction permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 2. Submit closeout submittals specified in other Division 01 Sections, including project record documents, operation and maintenance manuals, final completion construction photographic documentation, damage or settlement surveys, property surveys, and similar final record information. 3. Submit closeout submittals specified in individual Sections, including specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Submit maintenance material submittals specified in individual Sections, including tools, spare parts, extra materials, and similar items, and deliver to location designated by Architect. Label with manufacturer's name and model number where applicable. a. Schedule of Maintenance Material Items: Prepare and submit schedule of maintenance material submittal items, including name and quantity of each item and name and number of related Specification Section. Obtain Architect's signature for receipt of submittals. 5. Submit test/adjust/balance records. 6. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 7. Camera inspection of sanitary sewer system and the "jetting-out" of the sewer line after the final cleaning is completed. A copy of the video shall be saved in acceptable format on a disc or thumb drive. 8. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. C. Procedures Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 1. Advise Owner of pending insurance changeover requirements. 2. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 3. Complete startup and testing of systems and equipment. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017700 - 3 4. Perform preventive maintenance on equipment used prior to Substantial Completion. 5. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. Submit demonstration and training video recordings specified in Section 017900 "Demonstration and Training." 6. Advise Owner of changeover in heat and other utilities. 7. Participate with Owner in conducting inspection and walkthrough with local emergency responders. 8. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 9. Complete final cleaning requirements, including touchup painting. 10. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. D. Inspection: Submit a written request for inspection to determine Substantial Completion a minimum of 10 days prior to date the work will be completed and ready for final inspection and tests. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Architect, that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for final completion. 1.7 FINAL COMPLETION PROCEDURES A. Submittals Prior to Final Completion: Before requesting final inspection for determining final completion, complete the following: 1. Submit a final Application for Payment according to Section 012900 "Payment Procedures." 2. Certified List of Incomplete Items: Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. Certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Certificate of Insurance: Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Submit pest-control final inspection report. 5. Instruct Owner's personnel in operation, adjustment, and maintenance products, equipment and systems. B. Inspection: Submit a written request for final inspection to determine acceptance a minimum of 10 days prior to date the work will be completed and ready for final inspection and tests. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017700 - 4 1.8 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Organize list of spaces in sequential order, starting with exterior areas first and proceeding from lowest floor to highest floor. 2. Organize items applying to each space by major element. 3. Include the following information at the top of each page: a. Project name. b. Date. c. Name of Architect. d. Name of Contractor. e. Page number. 4. Submit list of incomplete items in the following format: a. PDF electronic file. Architect will return annotated file. 1.9 SUBMITTAL OF PROJECT WARRANTIES A. Time of Submittal: Submit written warranties on request of Architect for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated, or when delay in submittal of warranties might limit Owner's rights under warranty. B. Organize warranty documents into an orderly sequence based on the table of contents of Project Manual. 1. Organize warranties and bonds in an organized PDF electronic file. 2. Bookmark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Provide cover sheet with table of contents for each section. 4. Identify each binder on the front and spine with the typed title "WARRANTIES," Project name, and name of Contractor. 5. Warranty Electronic File: Scan warranties and bonds and assemble complete warranty and bond submittal package into a single indexed electronic PDF file with links enabling navigation to each item. Provide bookmarked table of contents at beginning of document. C. Provide additional copies of each warranty to include in operation and maintenance manuals. 1.10 Submittal of Record Drawings A. Provide and maintain on the jobsite one complete set of prints of all Drawings which form a part of the project. Immediately after each portion of the work is installed, indicate all deviations from the original design shown on the Drawings either by additional sketches or marked in red thereon. Upon completion of the job, deliver this record set to the Engineer or Architect of Work. Appropriate prints of the originals will then be delivered to the owner in electronic PDF form. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017700 - 5 B. Shop drawings, illustrations, schedules, performance charts, brochures, and other data which are prepared by the Contractor or any subcontractor, manufacturer, supplier, or distributor and which illustrates some portion of the work. Submit shop drawings of all major building elements. Place all required shop drawings in one complete package that illustrates the full scope of the project. The intent of this requirement is to have one submittal package with all components of the project detailed in a single booklet. 1. The submittals shall be reviewed first by the Contractor and then by the Architect. The submittal package shall be marked with an approval stamp, signed and dated by both the Contractor. After reviewed, submit the Record Drawing package to the Owner in electronic PDF form. PART 2 - PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a designated portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. C. Pest Control: Comply with pest control requirements in Section 015000 "Temporary Facilities and Controls." Prepare written report. D. Construction Waste Disposal: Comply with waste disposal requirements in Section 017419 "Construction Waste Management and Disposal." 3.2 REPAIR OF THE WORK A. Complete repair and restoration operations before requesting inspection for determination of Substantial Completion. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 017700 - 6 B. Repair or remove and replace defective construction. Restore damaged construction and permanent facilities used during construction to specified condition. 1. Remove and replace chipped, scratched, and broken glass, reflective surfaces, and other damaged transparent materials. 2. Touch up and otherwise repair and restore marred or exposed finishes and surfaces. END OF SECTION 017700 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 10 00 SITE CLEARING Page 1 of 6 SECTION 31 10 00 - SITE CLEARING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Temporary Erosion Control 2. Protecting existing vegetation to remain. 3. Removing existing vegetation. 4. Clearing and grubbing. 5. Stripping and stockpiling topsoil. 6. Removing above- and below-grade site improvements. 7. Disconnecting, capping or sealing, and removing site utilities. 8. Temporary erosion- and sedimentation-control measures. B. Related Sections: 1. Section 01 50 00 "Temporary Facilities and Controls" for temporary utility services, construction and support facilities, security and protection facilities, and temporary erosion- and sedimentation-control measures. 2. Section 01 73 00 "Execution" for field engineering and surveying. 3. Section 02 41 16 "Structure Demolition" for demolition of buildings, structures, and site improvements. 4. Section 02 41 19 "Selective Demolition" for partial demolition of buildings or structures. 1.3 DEFINITIONS A. Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. B. Surface Soil: Soil that is present at the top layer of the existing soil profile at the Project site. In undisturbed areas, the surface soil is typically topsoil; but in disturbed areas such as urban environments, the surface soil can be subsoil. C. Topsoil: Top layer of the soil profile consisting of existing native surface topsoil or existing in- place surface soil and is the zone where plant roots grow. D. Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction, and indicated on Drawings. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 10 00 SITE CLEARING Page 2 of 6 E. Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and indicated on Drawings. F. Vegetation: Trees, shrubs, groundcovers, grass, and other plants. G. Temporary Erosion and Sediment Control: Schedule and conduct construction activities in a manner that will minimize soil erosion and the resulting sedimentation and Turbidity of surface water. Comply with the requirements herein for the work, to include but not limited to the Plans and Specifications. 1.4 MATERIAL OWNERSHIP A. Except for stripped topsoil and other materials indicated to be stockpiled or otherwise remain Owner's property, cleared materials shall become Contractor's property and shall be removed from Project site immediately. 1.5 INFORMATIONAL SUBMITTALS A. Existing Conditions: Documentation of existing trees and plantings, adjoining construction, and site improvements that establishes preconstruction conditions that might be misconstrued as damage caused by site clearing. 1. Use sufficiently detailed photographs or videotape. 2. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plants designated to remain. B. Record Drawings: Identifying and accurately showing locations of capped utilities and other subsurface structural, electrical, and mechanical conditions. C. Personnel Certifications: Provide a NC State Crop and Soil Sciences Certification for the Erosion and Sediment Control/Stormwater Supervisor assigned to the Project. 1.6 QUALITY ASSURANCE A. Preinstallation Conference: TBD.. B. Provide a Certified Supervisor to oversee Erosion Control/Stormwater activities. C. Adhere to the Approved Erosion and Sediment Control Plans. D. Apply for the Notice of Intent (e-NOI) from NCDEQ. 1.7 PROJECT CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 10 00 SITE CLEARING Page 3 of 6 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 Owner or authorities having jurisdiction. B. Improvements on Adjoining Property: Authority for performing site clearing indicated on property adjoining Owner's property will be obtained by Owner before award of Contract. 1. Do not proceed with work on adjoining property until directed by Engineer. 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 and plant-protection measures are in place. E. The following practices are prohibited within protection zones: 1. Storage of construction materials, debris, or excavated material. 2. Parking vehicles or equipment. 3. Foot traffic. 4. Erection of sheds or structures. 5. Impoundment of water. 6. Excavation or other digging unless otherwise indicated. 7. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated. F. Do not direct vehicle or equipment exhaust towards protection zones. G. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones. H. Soil Stripping, Handling, and Stockpiling: Perform only when the topsoil is dry or slightly moist. PART 2 - PRODUCTS 2.1 MATERIALS A. Satisfactory Soil Material: Requirements for satisfactory soil material are specified in Section 31 20 00 "Earth Moving." 1. Obtain approved borrow soil material off-site when satisfactory soil material is not available on-site. PART 3 - EXECUTION 3.1 PREPARATION A. Protect and maintain benchmarks and survey control points from disturbance during construction. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 10 00 SITE CLEARING Page 4 of 6 B. 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 erosion- and sedimentation-control Drawings and requirements of authorities having jurisdiction. B. Establish a chain of responsibility for General Contractor’s operations and subcontractors’ operations to ensure that the Approved Erosion and Sediment Control Plan and Specifications are implemented and maintained over the life of the contract. 1. Certified Supervisor - Provide a certified Erosion and Sediment Control/Stormwater Supervisor to manage the General Contractor and subcontractor operations. Certifications can be obtained through NC State Crop and Soil Sciences. (https://cals.ncsu.edu/crop-and- soil-sciences/extension/training-programs/workshops/erosion-and-sediment-control/) 2. The Certified Supervisor shall be Level II and responsible for ensuring the erosion and sediment control/stormwater plan is adequately implemented and maintained on the project. The Certified Supervisor shall be on the project within 24 hours notice from initial exposure of an erodible surface to the project’s final acceptance. Perform the following duties: a. Manage Operations - Coordinate and schedule the work of subcontractors so that erosion and sediment control/stormwater measures are fully executed for each operation and in a timely manner over the duration of the contract. b. Oversee the work of subcontractors so that appropriate erosion and sediment control/stormwater preventive measures are conformed to at each stage of the work. c. Prepare the required National Pollutant Discharge Elimination System (NPDES)/NCG01 Construction General Permit (Notice of Intent, e-NOI) and Inspection Record. Submit a copy of the Certificate of Coverage (CoC) to the Engineer. d. Attend all weekly or monthly construction meetings to discuss the findings of the NPDES/NCG01 inspections and other related issues. e. Implement the Approved Erosion and Sediment Control/Stormwater plans provided. f. Fully perform and install erosion and sediment control/stormwater work prior to any suspension of the work. g. Incorporate erosion control into the work in a timely manner and stabilize disturbed areas with mulch/seed or vegetative cover on a section-by-section basis. h. Provide any needed erosion and sediment control/stormwater practices for the temporary and/or permanent work not shown on the plans. Communicate with the Engineer any changes or updates. i. Ensure that proper cleanup occurs from vehicle tracking on paved surfaces or any location where sediment leaves the Right-of-Way. j. Remove temporary erosion or sediment control devices when they are no longer necessary as agreed upon by the Engineer. k. Relay any communications with any local or regional authority to the Engineer. l. Have a copy of the Approved Erosion and Sediment Control/Stormwater plans on- site at all times. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 10 00 SITE CLEARING Page 5 of 6 C. Verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross protection zones. D. Inspect, maintain, and repair erosion- and sedimentation-control measures during construction until permanent vegetation has been established. E. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal. 3.3 TREE AND PLANT PROTECTION A. General: Protect trees and plants remaining on-site according to requirements in Section 01 56 39 "Temporary Tree and Plant Protection." B. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Engineer. 3.4 EXISTING UTILITIES A. Locate, identify, disconnect, and seal or cap utilities indicated to be removed. 1. Arrange with utility companies to shut off indicated utilities. B. Locate, identify, and disconnect utilities indicated to be abandoned in place. C. Interrupting Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Engineer not less than five days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Engineer's written permission. D. Excavate for and remove underground utilities indicated to be removed. 3.5 CLEARING AND GRUBBING A. Remove obstructions, trees, shrubs, and other vegetation to permit installation of new construction. 1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated. 2. Grind down stumps and remove roots, obstructions, and debris to a depth of 12 below exposed subgrade. 3. Do not grubbing within protection zones. 4. Chip removed tree branches and dispose of off-site. B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 10 00 SITE CLEARING Page 6 of 6 1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches, and compact each layer to a density equal to adjacent original ground. 3.6 TOPSOIL STRIPPING A. Remove sod and grass before stripping topsoil. B. Strip topsoil to depth indicated on Drawings in a manner to prevent intermingling with underlying subsoil or other waste materials. 1. Remove subsoil and nonsoil materials from topsoil, including clay lumps, gravel, and other objects more than 1.5 in diameter; trash, debris, weeds, roots, and other waste materials. C. Stockpile topsoil away from edge of excavations without intermixing with subsoil. Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust and erosion by water. 1. Limit height of topsoil stockpiles to 72 inchesConfirm with Local / State Requirements 2. Do not stockpile topsoil within protection zones. 3. Dispose of surplus topsoil. Surplus topsoil is that which exceeds quantity indicated to be stockpiled or reused. 3.7 SITE IMPROVEMENTS A. Remove existing above- and below-grade improvements as indicated and necessary to facilitate new construction. B. Remove slabs, paving, curbs, gutters, and aggregate base as indicated. 1. Unless existing full-depth joints coincide with line of demolition, neatly saw-cut along line of existing pavement to remain before removing adjacent existing pavement. Saw-cut faces vertically. 2. Paint cut ends of steel reinforcement in concrete to remain with two coats of antirust coating, following coating manufacturer's written instructions. Keep paint off surfaces that will remain exposed. 3.8 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris, and legally dispose of them off Owner's property in a timely manner. B. Separate recyclable materials produced during site clearing from other nonrecyclable materials. Store or stockpile without intermixing with other materials and transport them to recycling facilities. Do not interfere with other Project work. END OF SECTION 31 10 00 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 1 of 13 SECTION 31 20 00 - EARTH MOVING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. B. Geotechnical Report: none C. Local Municipal Standards and Specifications for Site work. 1.2 SUMMARY A. Section Includes: 1. Excavating and filling for rough grading the Site. 2. Preparing subgrades for slabs-on-grade, walks, pavements, turf and grasses, and plants. 3. Excavating and backfilling for buildings and structures. 4. Drainage course for concrete slabs-on-grade. 5. Subbase course for concrete pavements. 6. Subbase course for asphalt paving. 7. Subsurface drainage backfill for walls and trenches. 8. Excavating and backfilling trenches for utilities and pits for buried utility structures. B. Related Requirements: 1. Section 01 32 33 "Photographic Documentation" for recording preexcavation and earth- moving progress. 2. Section 03 30 00 "Cast-in-Place Concrete" for granular course if placed over vapor retarder and beneath the slab-on-grade. 3. Section 31 10 00 "Site Clearing" for site stripping, grubbing, stripping and stockpiling topsoil, and removal of above- and below-grade improvements and utilities. 4. State and Local Municipal Environmental regulations. 1.3 UNIT PRICES A. Work of this Section is affected by unit prices for earth moving specified in Section 01 22 00 "Unit Prices." B. Quantity allowances for earth moving are included in Section 01 21 00 "Allowances." C. Rock Measurement: Volume of rock actually removed, measured in original position, but not to exceed the following. Unit prices for rock excavation include replacement with approved materials. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 2 of 13 1. 24 inches outside of concrete forms other than at footings. 2. 12 inches outside of concrete forms at footings. 3. 12 inches beneath bottom of concrete slabs-on-grade. 4. In Trenches: 6 inches beneath the pipe and 24 inches wider than the nominal outside diameter of the pipe. 5. In bulk excavation: actual measured quantity of the qualified rock required to be removed to reach sub-grade in paving areas, or 6 inches below sub-grade in areas to be planted or grassed. After rock is confirmed to be meeting the definition for rock below by the geotechnical engineer, the contractor shall notify the Architect for classification and quantity verification. 6. Over Excavated Rock: Base bid is to include all extra forming , reinforcing, dowels, compacted soil fill, concrete, and or additional contract time necessary any construction in any over excavated rock areas. 7. 12 inches below Road beds and Ditches. 1.4 DEFINITIONS A. Backfill: Soil material or controlled low-strength 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. B. Base Course: Aggregate layer placed between the sub-grade and hot-mix asphalt paving, Portland cement concrete, Portland Cement concrete sidewalk, or hot-asphalt sidewalk. C. Bedding Course: Aggregate layer 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: Washed aggregate layer supporting the building foundation 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. Undercut: Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by Geotechnical Engineer and replacement material will be paid for according to Contract provisions for unit prices. 2. Bulk Excavation: Excavation more than 8 feet in width and more than 30 feet in length. 3. 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. Rock: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders of rock material that exceed 1 cu. yd. for bulk excavation or 3/4 cu. yd. for footing, trench, and pit excavation that cannot be removed by rock-excavating equipment equivalent to the following in DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 3 of 13 size and performance ratings, without systematic drilling, ram hammering, ripping, or blasting, when permitted: 1. Bulk Excavation: Late-Model, crawler tractor rated at a minimum of 50,000 pounds of drawbar pull at one mile per hour with a single ripper tooth. A Caterpillar D-8 is assumed to meet these standards. 2. Equipment for Footing, Trench, and Pit Excavation: Late-model, track-mounted hydraulic excavator; equipped with a 36 inch maximum-width, shorttip- radius rock bucket; rated at not less than 138-hp (103-kW) flywheel power with bucket-curling force of not less than 28,700 lbf (128 kN) and stick-crowd I. 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. J. Subbase Course: Aggregate layer placed between the subgrade and base course for hot-mix asphalt pavement, or aggregate layer placed between the subgrade and a cement concrete pavement or a cement concrete or hot-mix asphalt walk. K. Subgrade: Uppermost surface of an excavation or the top surface of a fill or backfill immediately below subbase, drainage fill, drainage course, or topsoil materials. L. Utilities: On-site underground pipes, conduits, ducts, and cables as well as underground services within buildings. 1.5 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct preexcavation conference at At the time and place determined by the owner's Representative. 1. Review methods and procedures related to earthmoving, including, but not limited to, the following: a. Personnel and equipment needed to make progress and avoid delays. b. Coordination of Work with utility locator service. c. Coordination of Work and equipment movement with the locations of tree- and plant-protection zones. d. Extent of trenching by hand or with air spade. e. Field quality control. 1.6 ACTION SUBMITTALS A. Product Data: For each type of the following manufactured products required: 1. Geotextiles. 2. Controlled low-strength material, including design mixture. 3. Warning tapes. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 4 of 13 1.7 SUBMITTALS A. Material Test Reports: For each on-site and borrow soil material proposed for fill and backfill as follows: 1. Classification according to ASTM D 2487. 2. Laboratory compaction curve according to [ASTM D 698] [ASTM D 1557]. B. Preexcavation Photographs or Videotape: Show existing conditions of adjoining construction and site improvements, including finish surfaces that might be misconstrued as damage caused by earth-moving operations. Submit before earth moving begins. 1.8 QUALITY ASSURANCE A. Geotechnical Testing Agency Qualifications: Owner will contract with a Geotechnical Agency. B. Pre-excavation Conference: Conduct conference at project site per instructions on Drawings. 1.9 FIELD CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during earth-moving 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 Owner or authorities having jurisdiction. B. Improvements on Adjoining Property: Authority for performing earth moving indicated on property adjoining Owner's property will be obtained by Owner before award of Contract. 1. Do not proceed with work on adjoining property until directed by Engineer. C. Utility Locator Service: Notify utility locator service for area where Project is located before beginning earth-moving operations. D. Do not commence earth-moving operations until temporary site fencing and erosion- and sedimentation-control measures specified in Section 01 50 00 "Temporary Facilities and Controls" and Section 31 10 00 "Site Clearing" are in place. E. Do not commence earth-moving operations until plant-protection measures specified on the Drawings are in place. F. The following practices are prohibited within protection zones: 1. Storage of construction materials, debris, or excavated material. 2. Parking vehicles or equipment. 3. Foot traffic. 4. Erection of sheds or structures. 5. Impoundment of water. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 5 of 13 6. Excavation or other digging unless otherwise indicated. 7. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated. G. Do not direct vehicle or equipment exhaust towards protection zones. H. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones. 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: Soil Classification [as described in the Geotechnical Report and ASTM 2487; free of rock or gravel larger than 3 inches (75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. 1. Liquid Limit : 50 2. Plastic Index: 25 C. Unsatisfactory Soils: Soil Classification as described in ASTM 2487 1. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction. D. Base Course: Aggregate Base Course Per NCDOT Specifications E. Sand: ASTM C 33/C 33M; fine aggregate. 2.2 GEOTEXTILES A. Subsurface Drainage Geotextile: Nonwoven needle-punched geotextile, manufactured for subsurface drainage applications, made from polyolefins or polyesters; with elongation greater than 50 percent; complying with AASHTO M 288 and the following, measured per test methods referenced: 1. Survivability: Class 2; AASHTO M 288. 2. Survivability: As follows: a. Grab Tensile Strength: 157 lbf; ASTM D 4632. b. Sewn Seam Strength: 142 lbf; ASTM D 4632. c. Tear Strength: 56 lbf; ASTM D 4533. d. Puncture Strength: 56 lbf; ASTM D 4833. 3. Apparent Opening Size: No. 40 sieve, maximum; ASTM D 4751. 4. Permittivity: 0.2 per second, minimum; ASTM D 4491. 5. UV Stability: 50 percent after 500 hours' exposure; ASTM D 4355. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 6 of 13 2.3 ACCESSORIES A. Warning Tape: Acid- and alkali-resistant, polyethylene film warning tape manufactured for marking and identifying underground utilities, 6 incheswide and 4 milsthick, continuously inscribed with a description of the utility; colored as follows: 1. Red: Electric. 2. Yellow: Gas, oil, steam, and dangerous materials. 3. Orange: Telephone and other communications. 4. Blue: Water systems. 5. Green: Sewer systems. 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 earth-moving operations. B. Protect and maintain erosion and sedimentation controls during earth-moving operations. C. Protect subgrades and foundation soils from freezing temperatures and frost. Remove temporary protection before placing subsequent materials. 3.2 DEWATERING A. Prevent surface water and ground water from entering excavations, from ponding on prepared subgrades, and from flooding Project site and surrounding area. B. Protect subgrades from softening, undermining, washout, and damage by rain or water accumulation. 1. Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in excavations. Do not use excavated trenches as temporary drainage ditches. 3.3 EXPLOSIVES A. Explosives: Do not use explosives. 3.4 EXCAVATION, GENERAL A. Classified Excavation: Excavate to subgrade elevations. Material to be excavated will be classified as earth and rock. Do not excavate rock until it has been classified and cross sectioned by Engineer. The Contract Sum will be adjusted for rock excavation according to unit prices included in the Contract Documents. Changes in the Contract Time may be authorized for rock excavation. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 7 of 13 1. Earth excavation includes excavating pavements and obstructions visible on surface; underground structures, utilities, and other items indicated to be removed; and soil, boulders, and other materials not classified as rock or unauthorized excavation. a. Intermittent drilling; blasting, if permitted; ram hammering; or ripping of material not classified as rock excavation is earth excavation. 2. Rock excavation includes removal and disposal of rock. Remove rock to lines and subgrade elevations indicated to permit installation of permanent construction without exceeding the following dimensions: a. [24 inches ] <Insert dimension> outside of concrete forms other than at footings. b. [12 inches ] <Insert dimension> outside of concrete forms at footings. c. 12 inches beneath bottom of concrete slabs-on-grade. d. 6 inches beneath pipe in trenches and the greater of 24 inches wider than pipe or 42 inches wide. e. In Bulk excavation: actual measured quantity of qualified rock required to be removed to reach subgrade in paved areas, or 6 inches below sub-grade in areas to be planted or grassed. 3.5 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: All footing shall be excavated to the planned bearing elevation and a minimum of one foot beyond the horizontal footing dimensions. the geotechnical Engineer or their designated representative shall determine the bearing capacity of the planned elevations. The bearing will be approved or remedial recommendation will be made. 2. Excavation for Underground Tanks, Basins, and Mechanical or Electrical Utility Structures: Excavate to elevations and dimensions indicated within a tolerance of plus or minus 1 inch. Do not disturb bottom of excavations intended as bearing surfaces. 3.6 EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and sub-grades as recommended in the Geotechnical "Sub Surface Investigation Report" 3.7 EXCAVATION FOR UTILITY TRENCHES A. Excavate trenches to indicated gradients, lines, depths, and elevations. 1. Beyond building perimeter, excavate trenches to allow installation of top of pipe below frost line. 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 incheshigher than top of pipe or conduit unless otherwise indicated. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 8 of 13 1. Clearance: As indicated. C. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of pipes and conduit. Shape subgrade to provide 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. See Plan Details D. Trenches in Tree- and Plant-Protection Zones: 1. Hand-excavate to indicated lines, cross sections, elevations, and subgrades. Use narrow- tine spading forks to comb soil and expose roots. Do not break, tear, or chop exposed roots. Do not use mechanical equipment that rips, tears, or pulls roots. 2. Do not cut main lateral roots or taproots; cut only smaller roots that interfere with installation of utilities. 3. Cut and protect roots according to requirements in Section 01 56 39 "Temporary Tree and Plant Protection." 3.8 SUBGRADE INSPECTION A. Notify Geotechnical Engineer when excavations have reached required subgrade. B. If Geotechnical Engineer determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. C. Prepare subgrade below the building slabs and pavements per the Geotechnical Report and as directed by the Geotechnical Engineer. D. Authorized additional excavation and replacement material will be paid for according to Contract provisions for unit prices. E. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by Geotechnical Engineer, without additional compensation. 3.9 UNAUTHORIZED EXCAVATION A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom, without altering top elevation. Lean concrete fill, with 28-day compressive strength of 2500 psi, may be used when approved by Engineer. 1. Fill unauthorized excavations under other construction, pipe, or conduit as directed by Geotechnical Engineer. 3.10 STORAGE OF SOIL MATERIALS A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 9 of 13 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. 2. No material may be stockpiled on adjacent properties, except as approved by the engineer and adjacent property owner. 3. Any material that is determined to be excess material shall be removed from the site in a timely manner. 4. Stockpiling of materials will be done in a manner as not to effect the progress of the project. 3.11 BACKFILL A. Place and compact backfill in excavations promptly, but not before completing the following: 1. Construction below finish grade including, where applicable, subdrainage, dampproofing, waterproofing, and perimeter insulation. 2. Surveying locations of underground utilities for Record Documents. 3. Testing and inspecting underground utilities. 4. Removing concrete formwork. 5. Removing trash and debris. 6. Removing temporary shoring, bracing, and sheeting. 7. Installing permanent or temporary horizontal bracing on horizontally supported walls. B. Place backfill on subgrades free of mud, frost, snow, or ice. 3.12 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. See Plan Details C. Backfill voids with satisfactory soil while removing shoring and bracing. D. Initial Backfill: 1. Soil Backfill: Place and compact initial backfill of satisfactory soil, free of particles larger than 1 inch in any dimension, to a height of 12 inchesover the pipe or conduit. a. Carefully compact initial backfill under pipe haunches and compact evenly up on both sides and along the full length of piping or conduit to avoid damage or displacement of piping or conduit. Coordinate backfilling with utilities testing. 2. Controlled Low-Strength Material: Place initial backfill of controlled low-strength material to a height of 12 inchesover the pipe or conduit. Coordinate backfilling with utilities testing. E. Final Backfill: 1. Soil Backfill: Place and compact final backfill of satisfactory soil to final subgrade elevation. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 10 of 13 F. Warning Tape: Install warning tape directly above utilities, 12 inchesbelow finished grade, except 6 inchesbelow subgrade under pavements and slabs. 3.13 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 follows: 1. Under grass and planted areas, use satisfactory soil material. 2. Under walks and pavements, use satisfactory soil material. 3. Under steps and ramps, use Aggregate Base Course 4. Under building slabs, use Aggregate Base Course 5. Under footings and foundations, use satisfactory soil material C. Place soil fill on subgrades free of mud, frost, snow, or ice. 3.14 SOIL MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before compaction to within 3 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. 2. Remove and replace, or scarify and air dry, otherwise satisfactory soil material that exceeds optimum moisture content by 3 percent and is too wet to compact to specified dry unit weight. 3.15 COMPACTION OF SOIL BACKFILLS AND FILLS A. Place backfill and fill soil materials in layers not more than 8 to 10 in loose depth for material compacted by heavy compaction equipment and not more than 4 inchesin 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, steps, and pavements, scarify and recompact top 12 inchesof existing subgrade and each layer of backfill or fill soil material at 98 percent. 2. Under walkways, scarify and recompact top 6 inchesbelow subgrade and compact each layer of backfill or fill soil material at 95 percent. 3. Under turf or unpaved areas, scarify and recompact top 6 inchesbelow subgrade and compact each layer of backfill or fill soil material at 85 percent. 4. For utility trenches, compact each layer of initial and final backfill soil material at 98 percent and in turf areas 85 percent. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 11 of 13 3.16 GRADING A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances. B. Site Rough Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades to elevations required to achieve indicated finish elevations, within the following subgrade tolerances: 1. Turf or Unpaved Areas: Plus or minus 1 inch. 2. Walks: Plus or minus 1 inch. 3. 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- footstraightedge. 3.17 SUBSURFACE DRAINAGE A. Subdrainage Pipe: Specified in Section 33 46 00 "Subdrainage." 3.18 SUBBASE AND BASE COURSES UNDER PAVEMENTS AND WALKS A. Place subbase course on subgrades free of mud, frost, snow, or ice. B. On prepared subgrade, place subbase course under pavements and walks as follows: 1. Shape subbase course to required crown elevations and cross-slope grades. 2. Compact subbase 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. C. Pavement Shoulders: Place shoulders along edges of subbase course to prevent lateral movement. Construct shoulders, at least 12 inches wide, of satisfactory soil materials and compact simultaneously with each subbase layer to not less than 98 percent of maximum dry unit weight according to ASTM D 698. 3.19 DRAINAGE COURSE UNDER CONCRETE SLABS-ON-GRADE 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. Install subdrainage geotextile on prepared subgrade according to manufacturer's written instructions, overlapping sides and ends. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 12 of 13 2. Place drainage course 6 inchesor less in compacted thickness in a single layer. 3. Place drainage course that exceeds 6 inchesin compacted thickness in layers of equal thickness, with no compacted layer more than 6 inchesthick or less than 3 inchesthick. 4. 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. 3.20 TOPSOIL A. Re-spread stockpiled topsoil in all planting areas. Distribute all stockpiled material in a uniform thickness as follows: 1. Lawn Area: 4 inch minimum 2. Planting Area: 12 inch minimum 3. Adjust topsoil as required by Engineer following topsoil depth testing by Owner's testing representative. 3.21 FIELD QUALITY CONTROL A. Special Inspections: Owner will engage a qualified special inspector to perform the following special inspections: 1. Determine prior to placement of fill that site has been prepared in compliance with requirements. 2. Determine that fill material classification and maximum lift thickness comply with requirements. 3. Determine, during placement and compaction, that in-place density of compacted fill complies with requirements. B. Testing Agency: Owner will engage a qualified geotechnical engineering testing agency to perform tests and inspections. C. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent earth moving only after test results for previously completed work comply with requirements. D. Footing Subgrade: At footing subgrades, at least one test of each soil stratum will be performed to verify design bearing capacities. Subsequent verification and approval of other footing subgrades may be based on a visual comparison of subgrade with tested subgrade when approved by Geotechnical Engineer. E. Sub-grade proof-roll tests will be performed on all sub-grades beneath building pads and pavements. F. Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167, ASTM D 2937, and ASTM D 6938, as applicable. Tests will be performed at the following locations and frequencies: DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 31 20 00 EARTH MOVING Page 13 of 13 1. Paved and Building Slab Areas: At subgrade and at each compacted fill and backfill layer, at least one test for every 2000 sq. ft. or less of paved area or building slab but in no case fewer than three tests. 2. Trench Backfill: At each compacted initial and final backfill layer, at least one test for every 150 feet or less of trench length but no fewer than two tests. G. 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 materials to depth required; recompact and retest until specified compaction is obtained. 3.22 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. 1. Scarify or remove and replace soil material to depth as directed by Geotechnical Engineer; reshape and re-compact. C. Where settling occurs before Project correction period 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. 3.23 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Remove surplus satisfactory soil and waste materials, including unsatisfactory soil, trash, and debris, and legally dispose of them off Owner's property. END OF SECTION 31 20 00 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 12 16 ASPHALT PAVING Page 1 of 6 SECTION 32 12 16 - ASPHALT PAVING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. B. NCDOT 2018 Asphalt QMS Manual (https://connect.ncdot.gov/resources/Materials/MaterialsResources/2016%20QMS%20Asphalt %20Manual.pdf) 1.2 SUMMARY A. Section Includes: 1. Cold milling of existing asphalt pavement. 2. Hot-mix asphalt paving. B. Related Requirements: 1. Section 31 20 00 "Earth Moving" for subgrade preparation, fill material, unbound- aggregate subbase and base courses, and aggregate pavement shoulders. 2. Section 32 13 73 "Concrete Paving Joint Sealants" for joint sealants and fillers at pavement terminations. 1.3 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference at Project site. 1. Review methods and procedures related to hot-mix asphalt paving including, but not limited to, the following: a. Review proposed sources of paving materials, including capabilities and location of plant that will manufacture hot-mix asphalt. b. Review requirements for protecting paving work, including restriction of traffic during installation period and for remainder of construction period. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product. 1. Job-Mix Designs: Certification, by NCDOT, of approval of each job mix proposed for the Work. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 12 16 ASPHALT PAVING Page 2 of 6 B. Shop Drawings: Indicate pavement markings, lane separation and defined parking spaces. Indicate, with international symbol of accessibility, spaces allocated for people with disabilities. 1.5 QUALITY ASSURANCE A. Manufacturer Qualifications: A paving-mix manufacturer registered with and approved by authorities having jurisdiction or the DOT of state in which Project is located. B. Testing Agency Qualifications: Qualified according to ASTM D 3666 for testing indicated. C. Regulatory Requirements: Comply with materials, workmanship, and other applicable requirements of 2018 Asphalt Quality Management System of NCDOT for asphalt paving work. PART 2 - PRODUCTS 2.1 AGGREGATES A. General: Use materials and gradations that have performed satisfactorily in previous installations. B. Per NCDOT 2018 Asphalt QMS Manual C. Mineral Filler: [ASTM D 242/D 242M] [or] [AASHTO M 17], rock or slag dust, hydraulic cement, or other inert material. 2.2 ASPHALT MATERIALS A. Per NCDOT 2018 Asphalt QMS Manual B. Pavement Markings Paints: Alkyd-resin type, lead and Chromate free, ready mix, complying with AASHTO M248, TypeN; colors complying with FS TT-P-1952 C. Pavement Markings in Right-of Way: Thermoplastic per NCDOT specifications. D. Color: As shown on Drawings. 2.3 MIXES A. Per NCDOT 2018 Asphalt QMS Manual PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that subgrade is dry and in suitable condition to begin paving. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 12 16 ASPHALT PAVING Page 3 of 6 B. Proof-roll subgrade below pavements with heavy pneumatic-tired equipment to identify soft pockets and areas of excess yielding. Do not proof-roll wet or saturated subgrades. 1. Completely proof-roll subgrade in one direction, repeating proof-rolling in direction perpendicular to first direction. Limit vehicle speed to 3 mph. 2. Proof roll with a loaded 10-wheel, tandem-axle dump truck weighing not less than 15 tons. 3. Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting, as determined by Architect, and replace with compacted backfill or fill as directed. C. Proceed with paving only after unsatisfactory conditions have been corrected. D. Verify that utilities, traffic loop detectors, and other items requiring a cut and installation beneath the asphalt surface have been completed and that asphalt surface has been repaired flush with the adjacent asphalt prior to beginning installation of the Imprinted asphalt. 3.2 COLD MILLING A. Clean existing pavement surface of loose and deleterious material immediately before cold milling. Remove existing asphalt pavement by cold milling to grades and cross sections indicated. 1. Mill to a depth of 0 to 3 inches or as indicated in the Project plan sheets. 2. Mill to a uniform finished surface free of excessive gouges, grooves, and ridges. 3. Control rate of milling to prevent tearing of existing asphalt course. 4. Repair or replace curbs, manholes, and other construction damaged during cold milling. 5. Excavate and trim unbound-aggregate base course, if encountered, and keep material separate from milled hot-mix asphalt. 6. Patch surface depressions deeper than 1 inchafter milling, before wearing course is laid. 7. Keep milled pavement surface free of loose material and dust. 8. Do not allow milled materials to accumulate on-site. 3.3 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. B. Per NCDOT 2018 Asphalt QMS Manual 3.4 PLACING HOT-MIX ASPHALT A. Machine place hot-mix asphalt on prepared surface, spread uniformly, and strike off. Place asphalt mix by hand in areas inaccessible to equipment in a manner that prevents segregation of mix. Place each course to required grade, cross section, and thickness when compacted. B. Per NCDOT 2018 Asphalt QMS manual 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 12 16 ASPHALT PAVING Page 4 of 6 3.5 JOINTS A. Construct joints to ensure a continuous bond between adjoining paving sections. Construct joints free of depressions, with same texture and smoothness as other sections of hot-mix asphalt course. B. Per NCDOT 2018 Asphalt QMS Manual 3.6 WHEEL STOPS A. Install Wheel Stops in bed of adhesive as recommended by Manufacturer. B. Secure attached wheel stops to pavement with not less than two galvanized-steel dowels embedded at one-quarter to one -third inches. Securely install dowels into pavement and bond to wheel stop. Recess head of dowel beneath top of wheel stop. 3.7 PAVEMENT MARKINGS A. Do not apply pavement-marking paint until layout, colors, and placement have been verified with Engineer. B. Allow pavement to age for 30 days before installing pavement-markings. C. Sweep and Clean surface to eliminate loose materials 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. 1. Broadcast glass beads uniformly into wet pavement markings at a rate of 6 lb/gal.. 3.8 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 with vibratory-plate compactors in areas inaccessible to rollers. B. Per NCDOT 2018 Asphalt QMS Manual C. Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while asphalt is still hot; compact thoroughly. D. Repairs: Remove paved areas that are defective or contaminated with foreign materials and replace with fresh, hot-mix asphalt. Compact by rolling to specified density and surface smoothness. E. Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 12 16 ASPHALT PAVING Page 5 of 6 F. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked. 3.9 INSTALLATION TOLERANCES A. Pavement Thickness: Compact each course to produce the thickness indicated within the following tolerances: 1. Base Course: Plus or minus 1/2 inch. 2. Surface Course: Plus 1/4 inch, no minus. B. Pavement Surface Smoothness: Compact each course to produce a surface smoothness within the following tolerances as determined by using a 10-footstraightedge 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. C. Traffic-Calming Devices: Compact and form asphalt to produce the contour indicated and within a tolerance of plus or minus 1/8 inch of height indicated above pavement surface. 3.10 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified testing agency to perform tests and inspections. B. Thickness: In-place compacted thickness of hot-mix asphalt courses will be determined according to ASTM D 3549. C. Surface Smoothness: Finished surface of each hot-mix asphalt course will be tested for compliance with smoothness tolerances. D. In-Place Density: Testing agency will take samples of uncompacted paving mixtures and compacted pavement according to [ASTM D 979] [or] [AASHTO T 168]. 1. In-place density of compacted pavement may be determined by testing core samples according to ASTM D 1188 or ASTM D 2726. a. 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. b. One core sample will be taken for every 1000 sq. yd. or less of installed pavement, with no fewer than 3 core taken. E. Replace and compact hot-mix asphalt where core tests were taken. F. Remove and replace or install additional hot-mix asphalt where test results or measurements indicate that it does not comply with specified requirements. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 12 16 ASPHALT PAVING Page 6 of 6 3.11 WASTE HANDLING A. General: Handle asphalt-paving waste according to approved waste management plan required in Section 01 74 19 "Construction Waste Management and Disposal." END OF SECTION 32 12 16 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 1 of 12 SECTION 32 13 13 - CONCRETE PAVING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes Concrete Paving Including the Following: 1. Driveways. 2. Curbs and gutters. 3. Walks. 4. Dumpster Pad B. Related Requirements: 1. Section 03 30 00 "Cast-in-Place Concrete" for general building applications of concrete. 2. Section 32 13 73 "Concrete Paving Joint Sealants" for joint sealants in expansion and contraction joints within concrete paving and in joints between concrete paving and asphalt paving or adjacent construction. 3. Section 32 17 13 "Parking Bumpers." 4. Section 32 17 23 "Pavement Markings." 1.3 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash, slag cement, and other pozzolans. B. W/C Ratio: The ratio by weight of water to cementitious materials. 1.4 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference at Project site. 1. Review methods and procedures related to concrete paving, including but not limited to, the following: a. Concrete mixture design. b. Quality control of concrete materials and concrete paving construction practices. 2. Require representatives of each entity directly concerned with concrete paving to attend, including the following: a. Contractor's superintendent. b. Independent testing agency responsible for concrete design mixtures. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 2 of 12 c. Concrete paving Subcontractor. 1.5 ACTION SUBMITTALS A. Design Mixtures: For each concrete paving mixture. Include alternate design mixtures when characteristics of materials, Project conditions, weather, test results, or other circumstances warrant adjustments. 1.6 INFORMATIONAL SUBMITTALS A. Qualification Data: For qualified ready-mix concrete manufacturer. B. Material Certificates: For the following, from manufacturer: 1. Cementitious materials. 2. Steel reinforcement and reinforcement accessories. 3. Fiber reinforcement. 4. Admixtures. 5. Curing compounds. 6. Applied finish materials. 7. Concrete Mix Design NCDOT approved or equal 8. Joint Fillers C. Material Test Reports: For each of the following: 1. Aggregates: 1.7 QUALITY ASSURANCE A. Ready-Mix-Concrete 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. 1. Manufacturer certified according to NRMCA's "Certification of Ready Mixed Concrete Production Facilities" (Quality Control Manual - Section 3, "Plant Certification Checklist"). B. Testing Agency Qualifications: Qualified according to ASTM C 1077 and ASTM E 329 for testing indicated. 1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP-1 or an equivalent certification program. 1.8 FIELD CONDITIONS A. Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other construction activities. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 3 of 12 B. Cold-Weather Concrete Placement: Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing, or low temperatures. Comply with ACI 306.1 and the following: 1. When air temperature has fallen to or is expected to fall below 40 deg F, uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg Fand not more than 80 deg Fat point of placement. 2. Do not use frozen materials or materials containing ice or snow. 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in design mixtures. C. Hot-Weather Concrete Placement: Comply with ACI 301and as follows when hot-weather conditions exist: 1. Cool ingredients before mixing to maintain concrete temperature below 90 deg Fat time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated in total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. 2. Cover steel reinforcement with water-soaked burlap, so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. 3. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. D. Pavement -Marking Paint: Proceed with pavement marking only on clean, dry surfaces and at a minimum ambient or surface temperature of 40 degrees F for oil-based materials, 55 degrees F for water-based materials, and not exceeding 95 degrees F PART 2 - PRODUCTS 2.1 CONCRETE, GENERAL A. ACI Publications: Comply with ACI 301unless otherwise indicated. 2.2 FORMS A. Form Materials: Plywood, metal, metal-framed plywood, or other approved panel-type materials to provide full-depth, continuous, straight, and smooth exposed surfaces. 1. Use flexible or uniformly curved forms for curves with a radius of 100 feet or less Do not use notched and bent forms. B. Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or adversely affect concrete surfaces and that will not impair subsequent treatments of concrete surfaces. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 4 of 12 2.3 STEEL REINFORCEMENT A. Plain-Steel Welded-Wire Reinforcement: ASTM A 1064/A 1064M, fabricated from as-drawn steel wire into flat sheets. B. Deformed-Steel Welded-Wire Reinforcement: ASTM A 1064/A 1064M, flat sheet. C. Epoxy-Coated Welded-Wire Reinforcement: ASTM A 884/A 884M, Class A, plain steel. D. Reinforcing Bars: ASTM A 615/A 615M, Grade 60; deformed. E. Plain-Steel Wire: ASTM A 1064/A 1064M, as drawn. F. Deformed-Steel Wire: ASTM A 1064/A 1064M. 2.4 CONCRETE MATERIALS A. Cementitious Materials: Use the following cementitious materials, of same type, brand, and source throughout Project: 1. Portland Cement: ASTM C 150/C 150M, gray portland cement Type I/II. 2. Fly Ash: ASTM C 618, Class C. B. Normal-Weight Aggregates: ASTM C 33/C 33M, Class 4M, uniformly graded. Provide aggregates from a single source [with documented service-record data of at least 10 years' satisfactory service in similar paving applications and service conditions using similar aggregates and cementitious materials]. 1. Maximum Coarse-Aggregate Size: 3/4 inch 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: Admixtures 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. 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. E. Water: Potable and complying with ASTM C 94/C 94M. 2.5 FIBER REINFORCEMENT A. Synthetic Fiber: Monofilament polypropylene fibers engineered and designed for use in decorative concrete paving, complying with ASTM C 1116/C 1116M, Type III, 1/2 to 1-1/2 inches long. 1. Products: Subject to compliance with requirements, provide the following DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 5 of 12 a. Specific Gravity:0.91 b. Melting Point:320 degrees F ( 160 degress C) c. Ignition Point:1,094 degrees F (590 degrees C) d. Water Absorption: None e. Modulus of Elasticity:500 ksi f. Tensile Strength:50ksi 2.6 CURING MATERIALS A. Absorptive Cover: AASHTO M 182, Class 3, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd.dry. 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, dissipating. 2.7 RELATED MATERIALS A. Joint Fillers: ASTM D 1751, asphalt-saturated cellulosic fiber in preformed strips. 2.8 CONCRETE MIXTURES A. Prepare design mixtures, proportioned according to ACI 301, for each type and strength of normal-weight concrete, and as determined by either laboratory trial mixtures or field experience and or NCDOT approved Mix design. 1. When automatic machine placement is used, determine design mixtures and obtain laboratory test results that comply with or exceed requirements. B. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than portland cement in concrete as follows: 1. Fly Ash or Pozzolan: 25 percent. 2. Combined Fly Ash or Pozzolan, and Slag Cement: 50 percent, with fly ash or pozzolan not exceeding 25 percent. C. Add air-entraining admixture at manufacturer's prescribed rate to result in normal-weight concrete at point of placement having an air content as follows: DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 6 of 12 1. Air Content: 4-1/2 percent plus or minus 1-1/2 percent for 1-inchnominal maximum aggregate size. D. Limit water-soluble, chloride-ion content in hardened concrete to 0.15 percent by weight of cement. E. Chemical Admixtures: Use admixtures according to manufacturer's written instructions. 1. Use water-reducing 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. F. Synthetic Fiber: Uniformly disperse in concrete mixture at manufacturer's recommended rate... G. Concrete Mixtures: Normal-weight concrete. 1. Compressive Strength (28 Days): 4000 psi. 2. Maximum W/C Ratio at Point of Placement: 0.45. 3. Slump Limit: 4 inches, plus or minus 1 inch. 2.9 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. 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. B. Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to ASTM C 94/C 94M. Mix concrete materials in appropriate drum-type batch machine mixer. 1. For concrete batches of 1 cu. yd.or smaller, continue mixing at least 1-1/2 minutes, but not more than 5 minutes after ingredients are in mixer, before any part of batch is released. 2. For concrete batches larger than 1 cu. yd., increase mixing time by 15 seconds for each additional 1 cu. yd.. 3. Provide batch ticket for each batch discharged and used in the Work, indicating Project identification name and number, date, mixture type, mixing time, quantity, and amount of water added. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine exposed subgrades and subbase surfaces for compliance with requirements for dimensional, grading, and elevation tolerances. B. Proof-roll prepared subbase surface below concrete paving to identify soft pockets and areas of excess yielding. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 7 of 12 1. Completely proof-roll subbase in one direction [and repeat in perpendicular direction]. Limit vehicle speed to 3 mph. 2. Proof-roll with a pneumatic-tired and loaded, 10-wheel, tandem-axle dump truck weighing not less than 15 tons. 3. Correct sub-base with soft spots and areas of pumping or rutting exceeding a depth of 1/2 inch according to requirements in Division 31 Section "Earth Moving" C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Remove loose material from compacted subbase surface immediately before placing concrete. 3.3 EDGE FORMS AND SCREED CONSTRUCTION A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides 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. 3.4 STEEL REINFORCEMENT INSTALLATION A. General: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. B. Clean reinforcement of loose rust and mill scale, earth, ice, or other bond-reducing materials. C. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during concrete placement. Maintain minimum cover to reinforcement. D. Install welded-wire reinforcement in lengths as long as practicable. Lap adjoining pieces at least one full mesh, and lace splices with wire. Offset laps of adjoining widths to prevent continuous laps in either direction. 3.5 JOINTS A. General: Form construction, isolation, and contraction joints and tool edges true to line, with faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to centerline unless otherwise indicated. 1. When joining existing paving, place transverse joints to align with previously placed joints unless otherwise indicated. B. Construction Joints: Set construction joints at side and end terminations of paving and at locations where paving operations are stopped for more than one-half hour unless paving terminates at isolation joints. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 8 of 12 1. Continue steel reinforcement across construction joints unless otherwise indicated. Do not continue reinforcement through sides of paving strips unless otherwise indicated. 2. Provide tie bars at sides of paving strips where indicated. 3. Butt Joints: Use bonding agent at joint locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. 4. Keyed Joints: Provide preformed keyway-section forms or bulkhead forms with keys unless otherwise indicated. Embed keys at least 1-1/2 inchesinto concrete. 5. Doweled Joints: Install dowel bars or plates and support assemblies at joints where indicated. Lubricate or coat with asphalt one-half of the dowel length to prevent concrete bonding to one side of the joint. C. Isolation Joints: Form isolation joints of preformed joint-filler strips abutting concrete curbs, catch basins, manholes, inlets, structures, other fixed objects, and where indicated. 1. Locate expansion joints at intervals of 50 feet unless otherwise indicated. 2. Extend joint fillers full width and depth of joint. 3. Terminate joint filler not less than 1/2 inchor more than 1 inchbelow finished surface if joint sealant is indicated. 4. Place top of joint filler flush with finished concrete surface if joint sealant is not indicated. 5. Furnish joint fillers in one-piece lengths. Where more than one length is required, lace or clip joint-filler sections together. 6. During concrete placement, protect top edge of joint filler with metal, plastic, or other temporary preformed cap. Remove protective cap after concrete has been placed on both sides of joint. 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, as follows or every 10 feet. 1. Saw Joints: Form contraction joints with a power saw equipped with a shatterproof abrasive or diamond-rimmed blade. Cut 1/8 inch wide joint into concrete when cutting action will not tear , abrade, or otherwise damage surface and before developing random contraction cracks. a. Tolerance: Ensure that sawed joints are within 3 inches either way form centers of dowels. E. Edging: After initial floating, tool edges of paving, gutters, curbs, and joints in concrete with an edging tool to a 3/8-inch radius. Repeat tooling of edges after applying surface finishes. Eliminate edging-tool marks on concrete surfaces. 3.6 CONCRETE PLACEMENT A. Before placing concrete, inspect and complete formwork installation, steel reinforcement, and items to be embedded or cast-in. B. Remove snow, ice, or frost from subbase surface and steel reinforcement before placing concrete. Do not place concrete on frozen surfaces. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 9 of 12 C. Moisten subbase to provide a uniform dampened condition at time concrete is placed. Do not place concrete around manholes or other structures until they are at required finish elevation and alignment. D. Comply with ACI 301requirements for measuring, mixing, transporting, and placing concrete. E. Do not add water to concrete during delivery or at Project site. Do not add water to fresh concrete after testing. F. 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. G. Consolidate concrete according to ACI 301by mechanical vibrating equipment supplemented by hand spading, rodding, or tamping. 1. Consolidate concrete along face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Use only square-faced shovels for hand spreading and consolidation. Consolidate with care to prevent dislocating reinforcement joint devices. H. Screed paving surface with a straightedge and strike off. I. Commence initial floating using bull floats or darbies to impart an open-textured and uniform surface plane before excess moisture or bleedwater appears on the surface. Do not further disturb concrete surfaces before beginning finishing operations or spreading surface treatments. J. Curbs and Gutters: Use design mixture for automatic machine placement. Produce curbs and gutters to required cross section, lines, grades, finish, and jointing. K. Slip-Form Paving: Use design mixture for automatic machine placement. Produce paving to required thickness, lines, grades, finish, and jointing. 1. Compact subbase and prepare subgrade of sufficient width to prevent displacement of slip- form paving machine during operations. 3.7 FLOAT FINISHING A. General: Do not add water to concrete surfaces during finishing operations. B. Float Finish: Begin the second floating operation when bleedwater 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-Fine-Textured Broom Finish: Draw a soft-bristle broom across float-finished concrete surface, perpendicular to line of traffic, to provide a uniform, fine-line texture. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 10 of 12 3.8 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 hbefore 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, moisture-retaining-cover curing, curing compound, or a combination of these as follows: 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials: a. Water. b. Continuous water-fog spray. c. Absorptive cover, water saturated and kept continuously wet. Cover concrete surfaces and edges with 12-inchlap over adjacent absorptive covers. 2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Immediately repair any holes or tears occurring during installation or 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 application. Maintain continuity of coating, and repair damage during curing period. 3.9 PAVING TOLERANCES A. Comply with tolerances in ACI 117and as follows: 1. Elevation: 3/4 inch. 2. Thickness: Plus 3/8 inch, minus 1/4 inch. 3. Surface: Gap below 10-feet-long; unleveled straightedge not to exceed 1/2 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. 7. Alignment of Tie-Bar End Relative to Line Perpendicular to Paving Edge: 1/2 inch per 12 inches of tie bar. 8. Lateral Alignment and Spacing of Dowels: 1 inch. 9. Vertical Alignment of Dowels: 1/4 inch. 10. Alignment of Dowel-Bar End Relative to Line Perpendicular to Paving Edge: 1/4 inch per 12 inches of dowel. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 11 of 12 3.10 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified testing agency to perform tests and inspections. B. Testing Services: Testing and inspecting of composite samples of fresh concrete obtained according to ASTM C 172/C 172M shall be performed according to the following requirements: 1. Testing Frequency: Obtain at least one composite sample for each 100 cu. yd. or fraction thereof of each concrete mixture placed each day. a. When frequency of testing will provide fewer than five compressive-strength tests for each concrete mixture, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used. 2. Testing Location: Testing shall be done at the point of placement, unless concrete is transported to the point of placement by a pump or travels greater than 50’ to the point of placement by any other transportation device (e.g. will barrel, bobcat …). If the concrete is transported greater than 50 feet from the concrete truck or is being pumped, testing shall be done at the point of placement and at the concrete truck. C. Strength of each concrete mixture will be satisfactory if average of any three consecutive compressive-strength tests equals or exceeds specified compressive strength and no compressive- strength test value falls below specified compressive strength by more than 500 psi. D. Test results shall be reported in writing to Engineer, concrete manufacturer, and Contractor within 48 hours of testing. Reports of compressive-strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28 days, concrete mixture proportions and materials, compressive breaking strength, and type of break for both 7- and 28- day tests. E. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted by Architect but will not be used as sole basis for approval or rejection of concrete. F. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Engineer. G. Concrete paving will be considered defective if it does not pass tests and inspections. H. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements. I. Prepare test and inspection reports. 3.11 REPAIR AND PROTECTION A. Remove and replace concrete paving that is broken, damaged, or defective or that does not comply with requirements in this Section. Remove work in complete sections from joint to joint unless otherwise approved by Architect. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 13 CONCRETE PAVING Page 12 of 12 B. Drill test cores, where directed by Engineer, when necessary to determine magnitude of cracks or defective areas. Fill drilled core holes in satisfactory paving areas with portland cement concrete bonded to paving with epoxy adhesive. C. Protect concrete paving from damage. Exclude traffic from paving for at least 14 days after placement. When construction traffic is permitted, maintain paving as clean as possible by removing surface stains and spillage of materials as they occur. D. Maintain concrete paving free of stains, discoloration, dirt, and other foreign material. Sweep paving not more than two days before date scheduled for Substantial Completion inspections. END OF SECTION 32 13 13 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 73 CONCRETE PAVING JOINT SEALANTS Page 1 of 4 SECTION 32 13 73 - CONCRETE PAVING JOINT SEALANTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUBMITTALS A. Product Data: For each type of product. B. Samples for Verification: For each kind and color of joint sealant required, provide Samples with joint sealants in 1/2-inch-wide joints formed between two 6-inch-long strips of material matching the appearance of exposed surfaces adjacent to joint sealants. C. Paving-Joint-Sealant Schedule: Include the following information: 1. Joint-sealant application, joint location, and designation. 2. Joint-sealant manufacturer and product name. 3. Joint-sealant formulation. 4. Joint-sealant color. 1.3 INFORMATIONAL SUBMITTALS A. Qualification Data: For Installer. B. Product Certificates: For each type of joint sealant and accessory. 1.4 QUALITY ASSURANCE A. Installer Qualifications: An entity that employs installers and supervisors who are trained and approved by manufacturer. B. Product Testing: Test joint sealants using a qualified testing agency. 1.5 FIELD CONDITIONS A. Do not proceed with installation of joint sealants under the following conditions: 1. When ambient and substrate temperature conditions are outside limits permitted by joint- sealant manufacturer.or below 50 degrees F 2. When joint substrates are wet. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 73 CONCRETE PAVING JOINT SEALANTS Page 2 of 4 3. Where joint widths are less than those allowed by joint-sealant manufacturer for applications indicated. 4. Where contaminants capable of interfering with adhesion have not yet been removed from joint substrates. PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL A. Compatibility: Provide joint sealants, backing materials, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by joint-sealant manufacturer, based on testing and field experience. B. Colors of Exposed Joint Sealants: Match adjacent concrete color. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine joints to receive joint sealants, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting joint-sealant performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Cleaning of Joints: Before installing joint sealants, clean out joints immediately to comply with joint-sealant manufacturer's written instructions. 1. Remove all foreign material from joint substrates that could interfere with adhesion of joint sealant, including dust, old joint sealants, oil, grease, waterproofing, water repellents, water, surface dirt, and frost. B. Joint Priming: Prime joint substrates where indicated or where recommended in writing by joint- sealant manufacturer, based on preconstruction joint-sealant-substrate tests or prior experience. Apply primer to comply with joint-sealant manufacturer's written instructions. Confine primers to areas of joint-sealant bond; do not allow spillage or migration onto adjoining surfaces. 3.3 INSTALLATION OF JOINT SEALANTS A. Comply with joint-sealant manufacturer's written installation instructions for products and applications indicated unless more stringent requirements apply. B. Joint-Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 73 CONCRETE PAVING JOINT SEALANTS Page 3 of 4 C. Install joint-sealant backings to support joint sealants during application and at position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. 1. Do not leave gaps between ends of joint-sealant backings. 2. Do not stretch, twist, puncture, or tear joint-sealant backings. 3. Remove absorbent joint-sealant backings that have become wet before sealant application and replace them with dry materials. D. Install joint sealants immediately following backing installation, using proven techniques that comply with the following: 1. Place joint sealants so they fully contact joint substrates. 2. Completely fill recesses in each joint configuration. 3. Produce uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. E. Tooling of Nonsag Joint Sealants: Immediately after joint-sealant application and before skinning or curing begins, tool sealants according to the following requirements to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint: 1. Remove excess joint sealant from surfaces adjacent to joints. 2. Use tooling agents that are approved in writing by joint-sealant manufacturer and that do not discolor sealants or adjacent surfaces. F. Provide joint configuration to comply with joint-sealant manufacturer's written instructions unless otherwise indicated. 3.4 CLEANING AND PROTECTION A. Clean off excess joint sealant as the Work progresses, by methods and with cleaning materials approved in writing by joint-sealant manufacturers. B. Protect joint sealants, during and after curing period, from contact with contaminating substances and from damage resulting from construction operations or other causes so sealants are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately and replace with joint sealant so installations in repaired areas are indistinguishable from the original work. 3.5 PAVING-JOINT-SEALANT SCHEDULE A. Joint-Sealant Application: Joints within concrete paving and between concrete and asphalt paving [<PJS-#> ]. 1. Joint Location: a. Joints between concrete and asphalt paving. b. Joints between concrete curbs and asphalt paving. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 13 73 CONCRETE PAVING JOINT SEALANTS Page 4 of 4 c. Other joints as indicated. 2. Joint Sealant: Urethan Joint Sealant for Concete: Multicomponent, pourable, traffic grade.. B. Joint-Sealant Application: Fuel-resistant joints within concrete paving [<PJS-#> ]. 1. Joint Location: a. Expansion and isolation joints in concrete paving. b. Contraction joints in concrete paving. c. Expansion and isolation joints in cast-in-place concrete pavement. d. Contraction joints in cast-in-place concrete slabs. e. Other joints as indicated. C. Joint Sealant Color: match adjacent concrete. END OF SECTION 32 13 73 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 17 13 PARKING BUMPERS Page 1 of 2 SECTION 32 17 13 - PARKING BUMPERS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes wheel stops. PART 2 - PRODUCTS 2.1 PARKING BUMPERS A. Concrete Wheel Stops: Precast, steel-reinforced, air-entrained concrete, 2500 psi minimum compressive strength, Demensions Per plan sheet detail. Provide chamfered corners, transverse drainage slots on underside, and a minimum of two factory-formed or -drilled vertical holes through wheel stop for anchoring to substrate. 1. Surface Appearance: Free of pockets, sand streaks, honeycombs, and other obvious defects. Corners shall be uniform, straight, and sharp. 2. Mounting Hardware: Galvanized-steel hardware as standard with wheel-stop manufacturer. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that pavement is in suitable condition to begin installation according to manufacturer's written instructions. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. General: Install wheel stops according to manufacturer's written instructions unless otherwise indicated. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 17 13 PARKING BUMPERS Page 2 of 2 B. Securely anchor wheel stops to pavement with hardware in each preformed vertical hole in wheel stop as recommended in writing by manufacturer. Recess head of hardware beneath top of wheel stop. END OF SECTION 32 17 13 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 17 23 PAVEMENT MARKINGS Page 1 of 2 SECTION 32 17 23 - PAVEMENT MARKINGS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes painted markings applied to asphalt and Concrete pavement. 1.3 ACTION SUBMITTALS A. Product Data: For each type of product. 1. Include technical data and tested physical and performance properties. B. Shop Drawings: For pavement markings. 1. Indicate pavement markings, colors, lane separations, defined parking spaces, and dimensions to adjacent work. 2. Indicate, with international symbol of accessibility, spaces allocated for people with disabilities. 1.4 QUALITY ASSURANCE A. Regulatory Requirements: Comply with materials, workmanship, and other applicable requirements of the NCDOT standards and specification, <Insert applicable standards> Plan Details Plan Details for pavement-marking work. 1. Measurement and payment provisions and safety program submittals included in standard specifications do not apply to this Section. 1.5 FIELD CONDITIONS A. Environmental Limitations: Proceed with pavement marking only on clean, dry surfaces and at a minimum ambient or surface temperature of 40 deg Ffor alkyd materials, and not exceeding 95 deg F. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 17 23 PAVEMENT MARKINGS Page 2 of 2 PART 2 - PRODUCTS 2.1 PAVEMENT-MARKING PAINT A. Pavement-Marking Paint: Alkyd-resin type, lead and chromate free, ready mixed, complying with AASHTO M 248, Type N; colors complying with FS TT-P-1952. 1. Color: As shown on Drawings. B. Per NCDOT 2018 Asphalt QMS Manual PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that pavement is dry and in suitable condition to begin pavement marking according to manufacturer's written instructions. B. Proceed with pavement marking only after unsatisfactory conditions have been corrected. 3.2 PAVEMENT MARKING A. Do not apply pavement-marking paint until layout, colors, and placement have been verified with Engineer. B. Allow paving to age as recommended by manufacturer... 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. 1. Apply graphic symbols and lettering with paint-resistant, die-cut stencils, firmly secured to pavement. Mask an extended area beyond edges of each stencil to prevent paint application beyond the stencil. Apply paint so that it cannot run beneath the stencil. 3.3 PROTECTING AND CLEANING A. Protect pavement markings from damage and wear during remainder of construction period. B. Clean spillage and soiling from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. END OF SECTION 32 17 23 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 92 00 TURF AND GRASSES Page 1 of 11 SECTION 32 92 00 - TURF AND GRASSES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Seeding 2. Sodding B. Related Sections: 1. Division 31 Section "Site Clearing" for topsoil stripping and stockpiling. 2. Division 31 Section "Earth Moving" for excavation, filling and backfilling, and rough grading. 3. Division 32 Section "Planting Irrigation" for turf irrigation. 4. Division 32 Section "Plants" for border edgings. 1.3 DEFINITIONS A. Substantial Completion: Determined by the Landscape Architect. The proper installation of seed, sod, and meadow with final grades, mulch and irrigation functioning (if provided) with no indication of widespread plant death. For seeded and meadow areas, the seed must show germination with green shoots visible. It is possible to grant substantial completion to portions of the site without total project completion however all construction activities must be completed in the requested area. B. Finish Grade: Elevation of finished surface of planting soil. C. Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. This includes insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. It also includes substances or mixtures intended for use as a plant regulator, defoliant, or desiccant. D. Pests: Living organisms that occur where they are not desired or that cause damage to plants, animals, or people. These include insects, mites, grubs, mollusks (snails and slugs), rodents (gophers, moles, and mice), unwanted plants (weeds), fungi, bacteria, and viruses. E. Planting Soil: The prepared earth existing or imported as specified herein used to backfill lawn or sod areas. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 92 00 TURF AND GRASSES Page 2 of 11 F. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or top surface of a fill or backfill before planting soil is placed. G. Surface Soil: Soil that is present at the top layer of the existing soil profile at the Project site. In undisturbed areas, the surface soil is typically topsoil, but in disturbed areas such as urban environments, the surface soil can be subsoil. H. Turf: A groundcover established from either lawn type seeds, lawn type sod or meadow seeds. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product indicated. 1. Pesticides and Herbicides: Include product label and manufacturer's application instructions specific to this Project. 1.5 INFORMATIONAL SUBMITTALS A. Certification of Grass Seed: From seed vendor for each grass-seed monostand or mixture stating the botanical and common name, 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. 1. Certification of each seed mixture for turfgrass sod. Include identification of source and name and telephone number of suppliers. B. Qualification Data: For qualified landscape Installer. C. Product Certificates: For soil amendments and fertilizers, from manufacturer. D. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of turf during a calendar year. Submit before expiration of required initial maintenance periods. 1.6 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape Installer whose work has resulted in successful turf and meadow establishment. 1. Professional Membership: Installer shall be a member in good standing of the Professional Landcare Network, the NC Landscape Contractors Association, or the American Nursery and Landscape Association. 2. Experience: Three years' experience in turf installation in addition to requirements in Division 01 Section "Quality Requirements." 3. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when work is in progress. 4. Personnel Certifications: All personnel who handle herbicides and herbicides shall be State licensed, for commercial. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 92 00 TURF AND GRASSES Page 3 of 11 B. Soil-Testing Laboratory Qualifications: An independent laboratory or university laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed. C. Soil Analysis: For each un-amended soil type, furnish soil analysis and a written report by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; deleterious material; pH; and mineral and plant-nutrient content of the soil. 1. Test native in place surface soil and soil components of Planting Soils Type C. 2. Testing methods and written recommendations shall comply with USDA's Handbook No. 60. 3. Test shall include mechanical analysis of sand, silt and clay components. 4. The soil-testing laboratory shall oversee soil sampling; with depth, location, and number of samples to be taken per instructions from Architect. A minimum of three representative samples shall be taken from varied locations for each soil to be used or amended for planting purposes. 5. Soil tests shall include the following information: a. Percentage of sand, silt and clay. b. Cation exchange capacity. c. Percent of organic matter. d. Stated recommendations for soil treatments and soil amendments to be incorporated. State recommendations in weight per 1000 sq. ft. for nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce satisfactory planting soil suitable for healthy, viable plants. e. Report presence of problem salts, minerals, or heavy metals, including aluminum, arsenic, barium, cadmium, chromium, cobalt, lead, lithium, and vanadium. If such problem materials are present, provide additional recommendations for corrective action. 1.7 DELIVERY, STORAGE, AND HANDLING A. Seed and Other Packaged Materials: Deliver packaged materials in original, unopened containers showing weight, certified analysis, name and address of manufacturer, and indication of conformance with state and federal laws, as applicable. B. Sod: Harvest, deliver, store, and handle sod according to requirements in "Specifications for Turfgrass Sod Materials" and "Specifications for Turfgrass Sod Transplanting and Installation" in TPI's "Guideline Specifications to Turfgrass Sodding." Deliver sod in time for planting within 24 hours of harvesting. Protect sod from breakage and drying. C. Bulk Materials: 1. Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on existing turf areas or plants. 2. Provide erosion-control measures to prevent erosion or displacement of bulk materials, discharge of soil-bearing water runoff, and airborne dust reaching adjacent properties, water conveyance systems, or walkways. 3. Accompany each delivery of bulk fertilizers, lime, and soil amendments with appropriate certificates. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 92 00 TURF AND GRASSES Page 4 of 11 1.8 PROJECT CONDITIONS A. Planting Restrictions: Plant during one of the following periods. Coordinate planting periods with initial maintenance periods to provide required maintenance from date of Substantial Completion. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed when beneficial and optimum results may be obtained. Apply products during favorable weather conditions according to manufacturer's written instructions. 1. Grass Type: a. Warm Season Grasses: 1) Fall Season: Sept. 1 to Oct. 15 2) Spring Season: May 15 to July 15 B. Water: During the construction and maintenance periods, water will be provided by the Contractor. PART 2 - PRODUCTS 2.1 SEED A. Grass Seed: Fresh, clean, dry, new-crop seed complying with AOSA's "Journal of Seed Technology; Rules for Testing Seeds" for purity and germination tolerances. B. Seed Species: Seed of grass species as follows, with not less than 95 percent germination, not less than 85 percent pure seed, and not more than 0.5 percent weed seed: 1. Refer to Contract Drawing. 2.2 TURFGRASS SOD A. Turfgrass Sod: Number 1 Quality/Premium, complying with "Specifications for Turfgrass Sod Materials" in TPI's "Guideline Specifications to Turfgrass Sodding." Furnish viable sod of uniform density, color, and texture, strongly rooted, and capable of vigorous growth and development when planted. B. Turfgrass Species: Refer to Contract Drawings. 2.3 INORGANIC SOIL AMENDMENTS A. Lime: ASTM C 602, agricultural liming material containing a minimum of 80 percent calcium carbonate equivalent and as follows: 1. Provide lime in form of ground dolomitic limestone or calcitic limestone depending on soil test. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 92 00 TURF AND GRASSES Page 5 of 11 2.4 ORGANIC SOIL AMENDMENTS A. Soil Conditioner: 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 1/2-inch sieve; soluble salt content of 5 decisiemens/m; not exceeding 0.5 percent inert contaminants and free of substances toxic to plantings; and as follows: 1. Organic Matter Content: 70 percent of dry weight. 2. Sources: Agricultural, bark, biosolids; municipal compost; or source-separated or compostable mixed solid waste. a. Free of toxic materials to plant growth b. Free of weed seeds. 2.5 FERTILIZERS A. Superphosphate: Commercial, phosphate mixture, soluble; a minimum of 20 percent available phosphoric acid. B. 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: 1. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil-testing laboratory. C. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water-insoluble nitrogen, phosphorus, and potassium in the following composition: 1. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil-testing laboratory. 2.6 PLANTING SOILS A. Planting Soil Type A: Existing, in-place surface soil. Verify suitability of existing surface soil to produce viable planting soil. Remove stones, roots, plants, sod, clods, clay lumps, pockets of coarse sand, concrete slurry, concrete layers or chunks, cement, plaster, building debris, and other extraneous materials harmful to plant growth. Mix surface soil with the following soil amendments and fertilizers in the following quantities to produce planting soil: 1. Depth of soil conditioner to mix in Planting Soil: 3/8”to 4”. 2. Weight of Slow-Release Fertilizer per 1000 Sq. Ft. consult soil test. 3. Weight of dolomitic limestone per soil test. 4. Supplement with approved imported, clean sandy loam planting soil when quantities are insufficient. B. Planting Soil Type C: Imported sandy loam topsoil formed under natural conditions blended with organic matter. Verify suitability of native surface topsoil to produce viable planting soil. Clean soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 92 00 TURF AND GRASSES Page 6 of 11 1. Depth of soil conditioner to mix in Planting Soil: 3/8”to 4”. 2. Weight of Slow-Release Fertilizer as per soil test 3. Weight of dolomitic limestone as per soil test. 2.7 SEED STABILIZATION A. Grass and meadow seed blankets and coverings: 1. Products for lawn areas: Free of plastic or other non-biodegradable materials, seed free, , available products that may be incorporated into the Work include, but are not limited to, the following: a. American Excelsior Company, Curlex NetFree http://www.americanexcelsior.com/erosioncontrol/products/netfree.php b. Granite Environmental, Coconut Blanket C4000BD (http://www.tdpltd.com/netlon- products/netpave-50.html) c. Tensar BioNet (http://www.nagreen.com/erosion-control-products/bionet- ecbs.php) 2. Products for storm water management areas: Made from biodegradable jute matting, free of plastic or other non-biodegradable materials, seed free. 2.8 MULCHES A. General: The Contractor shall select the mulching products that best suit the grass seed selected. Choose from the following mulches: 1. Straw Mulch: Provide air-dry, clean, mildew- and seed-free, salt hay or threshed straw of wheat, rye, oats, or barley. 2. Fiber Mulch: Biodegradable, dyed-wood, cellulose-fiber mulch; nontoxic and free of plant- growth or germination inhibitors; with a maximum moisture content of 15 percent and a pH range of 4.5 to 6.5. B. Nonasphaltic Tackifier: Colloidal tackifier recommended by fiber-mulch manufacturer for slurry application; nontoxic and free of plant-growth or germination inhibitors. 2.9 PESTICIDES A. General: Pesticide, registered and approved by EPA, acceptable to authorities having jurisdiction, and of type recommended by manufacturer for each specific problem and as required for Project conditions and application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction. B. Pre-Emergent Herbicide (Selective and Non-Selective): Effective for controlling the germination or growth of weeds within planted areas at the soil level directly below the mulch layer. C. Post-Emergent Herbicide (Selective and Non-Selective): Effective for controlling weed growth that has already germinated. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 92 00 TURF AND GRASSES Page 7 of 11 PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas to be planted for compliance with requirements and other conditions affecting performance. Notify the Architect immediately and do not start landscape construction operations if: 1. Grades or site features do not match the design. 2. There is ponding or areas that do not appear to drain 3. The subsoil contains no foreign or deleterious material or liquid such as paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, or acid has been deposited in soil within a planting area. 4. If the soils are frozen or moist beyond that required to produce optimal working conditions. 5. Excessively dry soil that is not workable and which is too dusty. 6. If the subsoil is over compacted. 7. If irrigation main and lateral lines have not been installed. 8. If irrigation main or lateral line trenches have not been compacted. B. Proceed with installation only after unsatisfactory conditions have been corrected. C. Erosion Control Seeding Contamination – Evaluate the erosion control seeding used and confirm that potential seed sources will not interfere with the establishment of seeded lawns or meadows. Confer with the General Contractor on usage of erosion control seeding and potential threats to establishing lawns or meadows. 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and plantings from damage caused by planting operations. 1. Protect adjacent and adjoining areas from hydroseeding and hydromulching overspray. 2. Protect grade stakes set by others until directed to remove them. 3. Protect areas that should not receive seed such as planting beds. 3.3 TURF AREA PREPARATION A. Limit turf subgrade preparation to areas to be planted. B. Newly Graded Subgrades: Loosen subgrade to a minimum depth of 4 inches. 1. General a. Delay mixing fertilizer with planting soil if planting will not proceed within a few days. b. Remove stones larger than 1inches in any dimension and sticks, roots, trash, and other extraneous matter. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 92 00 TURF AND GRASSES Page 8 of 11 c. Legally dispose of waste material, including grass, vegetation, and turf, off Owner's property. d. Reduce elevation of planting soil to allow for soil thickness of sod. 2. Apply amendments directly to final grade before loosening. Mix to a total depth of 4”. 3. Thoroughly blend planting soil with organic amendments off-site before spreading 4. Apply lime and fertilizers on surface, and thoroughly blend planting soil. C. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus 1/2 inch of finish elevation. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit finish grading to areas that can be planted in the immediate future. D. Moisten prepared area before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. E. Before planting, obtain Architect's acceptance of finish grading; restore planting areas if eroded or otherwise disturbed after finish grading. 3.4 SEEDING A. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity exceeds 5 mph. Evenly distribute seed by sowing equal quantities in two directions at right angles to each other. 1. Do not use wet seed or seed that is moldy or otherwise damaged. 2. Do not seed against existing trees. Limit extent of seed to outside edge of planting saucer. B. Planting rate: See Contract Drawings C. Rake seed lightly into top 1/8 inch of soil, roll lightly, and water with fine spray. D. Protect seeded areas with erosion-control mats where shown on Drawings; install and anchor according to manufacturer's written instructions. E. Protect seeded areas with slopes not exceeding 1:6 by spreading straw mulch. Spread uniformly at a rate to form a continuous blanket 1 inch in loose thickness over seeded areas. Spread by hand, blower, or other suitable equipment. 1. Bond straw mulch by spraying with non-asphalt emulsion at a rate to resist wind and erosion. Take precautions to prevent damage or staining of structures or other plantings adjacent to mulched areas. Immediately clean damaged or stained areas. F. Protect seeded areas from hot, dry weather or drying winds by applying compost mulch within 4 hours after completing seeding operations. Soak areas, scatter mulch uniformly to a thickness of 3/16 inch, and roll surface smooth. 3.5 SODDING A. Lay sod within 24 hours of harvesting. Do not lay sod if dormant or if ground is frozen or muddy. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 92 00 TURF AND GRASSES Page 9 of 11 B. Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod; do not stretch or overlap. Stagger sod strips or pads to offset joints in adjacent courses. Avoid damage to subgrade or sod during installation. Tamp and roll lightly to ensure contact with subgrade, eliminate air pockets, and form a smooth surface. Work sifted soil or fine sand into minor cracks between pieces of sod; remove excess to avoid smothering sod and adjacent grass. 1. Lay sod across angle of slopes exceeding 1:3. 2. Anchor sod on slopes exceeding 1:6 or in the bottom of swales with steel staples spaced as recommended by sod manufacturer but not less than 2 anchors per sod strip to prevent slippage. C. Saturate sod with fine water spray within two hours of planting. During first week after planting, water daily or more frequently as necessary to maintain moist soil to a minimum depth of 1-1/2 inches below sod. 3.6 STORM WATER MANAGEMENT PLANTING STABILIZATION A. Planting seed in storm water management areas: 1. Prepare the soils according to plans and details including amendments. 2. Micro grade to meet the requirements of the grading plan. 3. Apply seed and hydromulch slurry to soil surface. 4. Apply jute mat in continuous runs and attach with staples at 30” oc. 3.7 TURF MAINTENANCE A. Maintain and establish turf by watering, fertilizing, weeding, mowing, trimming, replanting, and performing other operations as required to establish healthy, viable turf. Roll, regrade, and replant bare or eroded areas and remulch to produce a uniformly smooth turf. Provide materials and installation the same as those used in the original installation. 1. Repair turf as necessary because of settling, erosion or settlement or other processes. 2. In areas where mulch has been disturbed by wind or maintenance operations, add new mulch and anchor as required to prevent displacement. 3. Apply treatments as required to keep turf and soil free of pests and pathogens or disease. Use integrated pest management practices whenever possible to minimize the use of pesticides and reduce hazards. B. Watering: Install and maintain irrigation systems, temporary piping, hoses, and turf-watering equipment to convey water from sources and to keep turf uniformly moist to a depth of 4 inches. 1. Schedule watering to prevent wilting, puddling, erosion, and displacement of seed or mulch. Lay out temporary watering system to avoid walking over muddy or newly planted areas. 2. Water turf with fine spray at a minimum rate of 1 inch per week unless rainfall precipitation is adequate. C. Mow turf as soon as top growth is tall enough to cut. Repeat mowing to maintain specified height without cutting more than 1/3 of grass height. Remove no more than 1/3 of grass-leaf growth in DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 92 00 TURF AND GRASSES Page 10 of 11 initial or subsequent mowing. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. Schedule initial and subsequent mowing to maintain the following grass height: 1. Mow Bermudagrass to a height of 1 inch. 2. Mow Centipedegrass and Zoysiagrass to a height of 1-2 inches. 3. Mow turf-type Tall Fescue and St. Augustinegrass to a height of 2-3 inches D. Turf Postfertilization: Apply fertilizer after initial mowing and when grass is dry. 1. Use fertilizer that will provide actual nitrogen of at least 1 lb./1000 sq. ft. to turf area. 3.8 SATISFACTORY TURF A. Turf installations shall meet the following criteria as determined by Architect: 1. Satisfactory Seeded Turf: At end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any 10 sq. ft. and bare spots not exceeding 5 by 5 inches. 2. Satisfactory Sodded Turf: At end of maintenance period, a healthy, well-rooted, even- colored, viable turf has been established, free of weeds, open joints, bare areas, and surface irregularities. B. Use specified materials to reestablish turf that does not comply with requirements and continue maintenance until turf is satisfactory. 3.9 PESTICIDE APPLICATION A. Apply pesticides and other chemical products and biological control agents in accordance with requirements of authorities having jurisdiction and manufacturer's written recommendations. Coordinate applications with Owner's operations and others in proximity to the Work. Notify Owner before each application is performed. B. Post-Emergent Herbicides (Selective and Non-Selective): Apply only as necessary to treat already- germinated weeds and in accordance with manufacturer's written recommendations. 3.10 CLEANUP AND PROTECTION A. Promptly remove soil and debris created by turf work from paved areas. Clean wheels of vehicles before leaving site to avoid tracking soil onto roads, walks, or other paved areas. B. Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Owner’s property. C. Erect temporary fencing or barricades and warning signs as required to protect newly planted areas from traffic. Maintain fencing and barricades throughout initial maintenance period and remove after plantings are established. D. Remove nondegradable erosion-control measures after grass establishment period. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 92 00 TURF AND GRASSES Page 11 of 11 3.11 MAINTENANCE SERVICE A. Turf Maintenance Service: Provide full maintenance by skilled employees of Landscape Installer. Maintain as required in Part 3 (Turf Maintenance). Begin maintenance immediately after each area is planted and continue until acceptable turf healthy is established, but for not less than the following period: 1. Maintenance Period: 6 months. The Maintenance Period will begin from the date of Substantial Completion (Part 1.3) for the last phase of work. Partial substantially completed areas will require continued maintenance until the completion date set by the final phase of work. 2. Continuing Maintenance Proposal: Any agreement of an Owner with the Contractor for annual landscape services would begin after the maintenance period elapses. END OF SECTION 32 92 00 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 1 of 17 SECTION 32 93 00 - PLANTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Plants. 2. Planting soils. 3. Landscape edgings. 4. Organic Mulch 5. Inorganic Mulch – River Rock B. Related Sections: 1. Division 01 Section "Temporary Tree and Plant Protection" for protecting, trimming, pruning, repairing, and replacing existing trees to remain that interfere with, or are affected by, execution of the Work. 2. Division 31 Section "Site Clearing" for protection of existing trees and plantings, topsoil stripping and stockpiling, and site clearing. 3. Division 31 Section "Earth Moving" for excavation, filling, and rough grading and for subsurface aggregate drainage and drainage backfill materials. 4. Division 32 Section "Turf and Grasses" for turf (lawn) and meadow planting, hydroseeding, and erosion-control materials. 1.3 UNIT PRICES A. Work of this Section is affected by unit prices specified in Division 01 Section "Unit Prices." 1. Unit prices apply to authorized work covered by quantity allowances. 2. Unit prices apply to additions to and deletions from Work as authorized by Change Orders. 1.4 DEFINITIONS A. Substantial Completion: Determined by the Landscape Architect. The proper installation of plant material with final grades, mulch and irrigation (if provided) functioning with no indication of widespread plant death. It is possible to grant substantial completion to portions of the site without total project completion however all construction activities must be completed in the requested area. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 2 of 17 B. Backfill: The planting soil used to replace or the act of replacing earth in an excavation. C. Balled and Burlapped Stock: Plants dug with firm, natural balls of earth in which they were grown, with ball size not less than diameter and depth recommended by ANSI Z60.1 for type and size of plant required; wrapped with burlap, tied, rigidly supported, and drum laced with twine with the root flare visible at the surface of the ball as recommended by ANSI Z60.1. D. Container-Grown Stock: Healthy, vigorous, well-rooted plants grown in a container, with a well- established root system reaching sides of container and maintaining a firm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for type and size of plant required. E. Finish Grade: Elevation of finished surface of planting soil. F. Pests: Living organisms that occur where they are not desired, or that cause damage to plants, animals, or people. These include insects, mites, grubs, mollusks (snails and slugs), rodents (gophers, moles, and mice), unwanted plants (weeds), fungi, bacteria, and viruses. G. Planting Area: Areas to be planted. H. Planting Soil: The prepared earth [existing or imported as specified herein] used to backfill planting areas or to create planting beds. I. Plant; Plants; Plant Material: These terms refer to vegetation in general, including trees, shrubs, vines, ground covers, ornamental grasses, bulbs, corms, tubers, or herbaceous vegetation. J. Root Flare: Also called "trunk flare." The area at the base of the plant's stem or trunk where the stem or trunk broadens to form roots; the area of transition between the root system and the stem or trunk. K. Stem Girdling Roots: Roots that encircle the stems (trunks) or main roots of trees below the soil surface. L. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or the top surface of a fill or backfill before planting soil is placed. M. Surface Soil: Soil that is present at the top layer of the existing soil profile at the Project site. In undisturbed areas, the surface soil is typically topsoil; but in disturbed areas such as urban environments, the surface soil can be subsoil. N. Environmental Conditions: Physical, chemical, and biotic factors affecting ecological community and ability for plants to survive. O. Detrimental Conditions: Environmental conditions harmful to the health of proposed plants that can be corrected through supplemental site improvements. Harmful conditions include, but shall not be limited to the following: poor soil, poor drainage, or contaminated soil. 1.5 ACTION SUBMITTALS A. Samples for Verification: For each of the following: DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 3 of 17 1. Mulch: A 1-quart volume of each mulch required; in sealed plastic bags labeled with composition of materials by percentage of weight and source of mulch. Each Sample shall be typical of the lot of material to be furnished; provide an accurate representation of color, texture, and organic makeup. 2. Mineral Mulch: 1 quart volume of each mineral mulch required, in sealed plastic bags labeled with source of mulch. Sample shall be typical of the lot of material to be delivered and installed on the site; provide an accurate indication of color, texture, and makeup of the material. 3. Edging Materials and Accessories: Manufacturer's standard size, to verify color selected. B. Soil Analysis: For each un-amended soil type, furnish soil analysis and a written report by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; deleterious material; pH; and mineral and plant-nutrient content of the soil. 1. Test native in place surface soil and soil components of Planting Soils Type C. 2. Testing methods and written recommendations shall comply with USDA's Handbook No. 60. 3. Test shall include mechanical analysis of sand, silt and clay components. 4. The soil-testing laboratory shall oversee soil sampling; with depth, location, and number of samples to be taken per instructions from Architect. A minimum of three representative samples shall be taken from varied locations for each soil to be used or amended for planting purposes. 5. Soil tests shall include the following information: a. Percentage of sand, silt and clay. b. Cation exchange capacity. c. Percent of organic matter. d. Stated recommendations for soil treatments and soil amendments to be incorporated. State recommendations in weight per 1000 sq. ft. for nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce satisfactory planting soil suitable for healthy, viable plants. e. Report presence of problem salts, minerals, or heavy metals, including aluminum, arsenic, barium, cadmium, chromium, cobalt, lead, lithium, and vanadium. If such problem materials are present, provide additional recommendations for corrective action. 1.6 INFORMATIONAL SUBMITTALS A. Qualification Data: For qualified landscape Installer. Include list of similar projects completed by Installer demonstrating Installer's capabilities and experience. Include project names, addresses, and year completed, and include names and addresses of owners' contact persons. B. Substitutions: The Contractor shall provide the products specified. Changes must be made by written submittal with reason and alternate suggestion. C. Environmental Conditions: Prior to contract acceptance by Contractor, submit written description of environmental conditions preventing compliance with warranty. 1. As applicable, submit detrimental conditions and/or substitutions submittals. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 4 of 17 D. Detrimental Conditions: Per encounter, submit written description of detrimental conditions with recommendation for correcting condition. Include cost estimate. 1.7 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape Installer whose work has resulted in successful establishment of plants. 1. Professional Membership: Installer shall hold a current certificate issued by the North Carolina Landscape Contractors registration board and shall be in good standing with that Board. 2. Experience: Five years' experience in landscape installation in addition to requirements in Division 01 Section "Quality Requirements." 3. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when work is in progress. B. Size and Grading of Plant Material: Comply with sizing and grading of standards of the latest addition of “American Standard for Nursery Stock- ANSI Z60.1, by the American Association of Nurserymen (AAN). Do not prune to obtain required sizes. 1. Trees and Shrubs: Measure with branches and trunks or canes in their normal position. Take height measurements from or near the top of the root flare for field-grown stock and container grown stock. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip to tip. Take caliper measurements 6 inches above the root flare for trees up to 4-inch caliper size, and 12 inches above the root flare for larger sizes. 2. Other Plants: Measure with stems, petioles, and foliage in their normal position. C. Plant Pre-Approvals: Utilize the following methods for plant selection. 1. Plant Photographs: Include color photographs in digital format of each required species and size of plant material as it will be furnished to the Project that is larger than 5-gallon plants. Take photographs from an angle depicting true size and condition of the typical plant to be furnished. Include a scale rod or other measuring device in each photograph. Identify each photograph with the full scientific name of the plant, plant size, and name of the growing nursery. 2. Plant Tagging: The Architect will not require nursery plant tagging. D. Additional Plant Material Observation: Architect may observe plant material either at site before planting or once installed for compliance with requirements for genus, species, variety, cultivar, size, and quality. Architect retains right to observe trees and shrubs further for size and condition of balls and root systems, pests, disease symptoms, injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project site. E. Substitutions: Substitutions will be permitted only upon submission of proof that a specified plant is not obtainable and with written approval of proposed substitution by Landscape Architect. 1. Contractor shall propose the use of the nearest obtainable variety of the plant having the same essential characteristics that is equal to or greater in size to original specified plant. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 5 of 17 F. Detrimental Conditions: The contractor shall notify the Owner and Landscape Architect in writing of all conditions considered detrimental to growth of plant material. State condition and submit proposal including costs for correcting condition. G. Preinstallation Conference: Conduct conference at Project site. 1. The following individuals must be present: a. GC Contractor’s site representative responsible for the Landscape Contractor’s work b. The Landscape Contractor’s branch manager [or Owner] and job estimator. c. The Project supervisor who will be directly responsible for field work and/or paperwork. 1.8 DELIVERY, STORAGE, AND HANDLING A. Packaged Materials: Deliver packaged materials in original, unopened containers showing weight, certified analysis, name and address of manufacturer, and indication of conformance with state and federal laws if applicable. B. Bulk Materials: 1. Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on existing turf areas or plants. 2. Provide erosion-control measures to prevent erosion or displacement of bulk materials, discharge of soil-bearing water runoff, and airborne dust reaching adjacent properties, water conveyance systems, or walkways. 3. Accompany each delivery of bulk fertilizers and soil amendments with appropriate certificates. C. Do not prune trees and shrubs before delivery. D. Protect bark, branches, and root systems from sunscald, drying, wind burn, 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 plants during shipping and delivery. Do not drop plants during delivery and handling. E. Handle planting stock by root ball or container. F. Deliver plants after preparations for planting have been completed and install immediately. If planting is delayed more than six hours after delivery, set plants and trees in their appropriate aspect (sun, filtered sun, or shade), protect from weather and mechanical damage, and keep roots moist. G. If plants are stored for over 24 hours provide the following: 1. Set balled stock upright on ground and cover ball with soil, peat moss, sawdust, or other acceptable material to prevent wind, cold, or heat damage to the roots. 2. Provide shade to shade requiring trees and shrubs. 3. Water root systems of plants stored on-site deeply and thoroughly with a fine-mist spray. Water as often as necessary to maintain root systems in a moist, but not overly-wet condition. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 6 of 17 1.9 PROJECT CONDITIONS A. Field Measurements: Verify actual grade elevations, service and utility locations, irrigation system components, and dimensions of plantings and construction contiguous with new plantings by field measurements before proceeding with planting work. B. Interruption of Existing Services or Utilities: Do not interrupt services or utilities to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary services or utilities according to requirements indicated: 1. Notify Construction Manager and Owner no fewer than two days in advance of proposed interruption of each service or utility. 2. Do not proceed with interruption of services or utilities without Construction Manager’s and Owner s written permission. C. Planting Restrictions: Plant during one of the following periods. Coordinate planting periods with maintenance periods to provide required maintenance from date of Substantial Completion. 1. Spring Planting: March 15 – May 15. 2. Fall Planting: October 15 – December 15. D. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed when beneficial and optimum results may be obtained. Apply products during favorable weather conditions according to manufacturer's written instructions and warranty requirements. E. Coordination with Turf Areas (Lawns): Plant trees, shrubs, and other plants after finish grades are established and before planting turf areas unless otherwise indicated. 1. When planting trees, shrubs, and other plants after planting turf areas, protect turf areas, and promptly repair damage caused by planting operations. F. Under no circumstances should work proceed prior to establishment of appropriate grades. G. The Contractor shall provide water for: 1. The construction period till final acceptance for all plants. 2. Final acceptance through the maintenance period for all plants. H. The Contractor shall supply watering labor as follows: 1. The construction period till final acceptance. 2. Final acceptance through the maintenance period – it is the Contractor’s responsibility to ensure proper irrigation system operation for duration of the maintenance period. I. Unusual Field Conditions: It is the Contractor’s responsibility to communicate to the Architect unusual field conditions found at the project site before and during construction. The presence of unusual field conditions such as wind, wetness, soil issues, invasive weeds, will require the Contractor take note and advise the Architect on how best to remedy the discovery. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 7 of 17 1.10 WARRANTY A. Special Warranty: Installer agrees to repair or replace plantings and accessories that fail in materials, workmanship, or growth within specified warranty period. 1. Failures include, but are not limited to, the following: a. Death and unsatisfactory growth, except for defects resulting from abuse, lack of adequate maintenance, or neglect by Owner, or incidents that are beyond Contractor's control. b. Structural failures including plantings falling, blowing over or settling out of plumb. c. Faulty performance of tree stabilization, edgings, tree grates, or subdrainage. d. Deterioration of metals, metal finishes, and other materials beyond normal weathering. 2. Warranty Periods from Date of Planting Completion: a. Trees and Shrubs: 12 months. b. Landscape grading, groundcovers and other plants: 12 months c. Annuals: 3 months. 3. Include the following remedial actions as a minimum: a. Immediately remove dead plants and replace unless required to plant in the succeeding planting season. b. Replace plants that are more than 25 percent dead or in an unhealthy condition at end of warranty period. c. There will be no limitation on replacements of each plant except for losses or replacements due to species intolerance of environmental conditions. 1) Contractor shall notify Landscape Architect in writing of any concerns related to species intolerance of environmental conditions prior to purchase of plant material; otherwise, purchased plant material will be accepted by Contractor as tolerant of environmental conditions. Detrimental conditions shall be corrected prior to installation of plant material and shall not be considered grounds for warranty exclusion. d. Provide extended warranty for period equal to original warranty period, for replaced plant material. As required, continue extended warranty until leaf out to ensure health of replaced material. Plants shall be deemed dead if leaf out does not occur prior to end of spring. 4. All replacements shall be plants of the same kind as originally planted and shall be of size equal to that attained by adjacent plants of the same kind at the time replacement is made. They shall be furnished and planted as specified herein. 5. Removal and replacement shall be at no cost to the Owner. 1.11 MAINTENANCE SERVICE A. Initial Maintenance Service for Trees and Shrubs: Provide maintenance by skilled employees of Landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after plants are installed and continue until plantings are acceptably healthy and well established but for not less than maintenance period below. 1. Maintenance Period: 12 months. The Maintenance Period will begin from the date of Substantial Completion (Part 1.3) for the last phase of work. Partial substantially completed areas will require continued maintenance until the completion date set by the final phase of work. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 8 of 17 2. Continuing Maintenance Proposal: From Installer to Owner, in the form of a standard yearly (or other period) maintenance agreement, starting on date initial maintenance service is concluded. State services obligations, conditions and terms for agreement period and the future renewal options. PART 2 - PRODUCTS 2.1 PLANT MATERIAL A. General: Furnish nursery-grown plants true to genus, species, variety, cultivar, stem form, shearing, and other features indicated in Plant Schedule or Plant Legend shown on Drawings and complying with ANSI Z60.1; and with healthy root systems developed by transplanting or root pruning. Provide well-shaped, fully branched, healthy, vigorous stock, densely foliated when in leaf and free of disease, pests, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. 1. Trees with damaged, crooked, or multiple leaders; tight vertical branches where bark is squeezed between two branches or between branch and trunk ("included bark"); crossing trunks; cut-off limbs more than 3/4 inch in diameter; or with stem girdling roots will be rejected. 2. Collected Stock: Do not use plants harvested from the wild, from native stands, from an established landscape planting, or not grown in a nursery unless otherwise indicated. 3. Provide trees from active, consistently aged specimens. 4. Unless directly specified, provide only trees that are genetic clones of the requested variety. B. Select Balled and Burlapped material from nurseries who utilize root pruning practices and have a systematic approach to hardening off newly dug material. C. Provide plants of sizes, grades, and ball or container sizes complying with ANSI Z60.1 for types and form of plants required. Plants of a larger size may be used if acceptable to Architect, with a proportionate increase in size of roots or balls. D. Provide small trees and shade trees that are grown on their own roots, not utilizing grafting or budding techniques (unless directed in the plant list). E. Provide container plant material that is free from circling roots or pot bound conditions. F. Root-Ball Depth: Furnish trees and shrubs with root balls measured from top of root ball, which shall begin at root flare according to ANSI Z60.1. Root flare shall be visible before planting. G. Labeling: Label at least one plant of each variety, size, and caliper with a securely attached, waterproof tag bearing legible designation of common name and full scientific name, including genus and species. Include nomenclature for hybrid, variety, or cultivar, if applicable for the plant as shown on Drawings. H. If formal arrangements or consecutive order of plants is shown on Drawings, select stock for uniform height and spread, and number the labels to assure symmetry in planting. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 9 of 17 I. Annuals: Provide healthy, disease-free plants of species and variety shown or listed, with well- established root systems reaching to sides of the container to maintain a firm ball, but not with excessive root growth encircling the container. Provide only plants that are acclimated to outdoor conditions before delivery and are either in bloom or will be blooming within two weeks. 2.2 INORGANIC SOIL AMENDMENTS A. Lime: ASTM C 602, agricultural liming material containing a minimum of 80 percent calcium carbonate equivalent and as follows: 1. Provide lime in form of ground dolomitic limestone. 2.3 ORGANIC SOIL AMENDMENTS A. Soil Conditioner: 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 1/2-inch sieve; soluble salt content of 5 decisiemens/m; not exceeding 0.5 percent inert contaminants and free of substances toxic to plantings; and as follows: 1. Pine bark soil conditioner: finely ground, well composted, pine bark mulch with a maximum particle size of ¼”. 2. Organic Matter Content: 70 percent of dry weight. 3. Sources: Agricultural, bark, biosolids; yard trimmings; or source-separated or compostable mixed solid waste. a. Free of toxic materials to plant growth b. Free of weed seeds. 2.4 FERTILIZERS A. Superphosphate: Commercial, phosphate mixture, soluble; a minimum of 20 percent available phosphoric acid. B. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water-insoluble nitrogen, phosphorus, and potassium in the following composition: 1. Composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil-testing laboratory. Several different blends may be necessary to meet the requirements. 2.5 PLANTING SOILS A. Planting Soil Type A: Existing, in-place surface soil. Verify suitability of existing surface soil to produce viable planting soil. Remove stones, roots, plants, sod, clods, clay lumps, pockets of coarse sand, concrete slurry, concrete layers or chunks, cement, plaster, building debris, and other extraneous materials harmful to plant growth. Mix surface soil with the following soil amendments and fertilizers in the following quantities to produce planting soil: 1. Screen to remove extraneous materials. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 10 of 17 2. Ratio of soil conditioner to Surface Soil by Volume: 1:5. 3. Weight of Slow-Release Fertilizer per 1000 Sq. Ft. consult soil test. 4. Weight of dolomitic limestone per soil test. 5. Supplement with approved imported, clean sandy loam planting soil when quantities are insufficient. B. Planting Soil Type C: Imported sandy loam topsoil formed under natural conditions blended with organic matter. Verify suitability of native surface topsoil to produce viable planting soil. Clean soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth. 1. Ratio of soil conditioner to Topsoil by Volume: 1:10. 2. Weight of Slow-Release Fertilizer as per soil test 3. Weight of dolomitic limestone as per soil test. 2.6 MULCH A. 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 1/2-inch sieve; soluble salt content of 2 decisiemens/m; not exceeding 0.5 percent inert contaminants and free of substances toxic to plantings; and suitable as a top dressing of trees and shrubs, consisting of one of the following: 1. Type: Triple shredded hardwood.. 2. Color: Natural. 2.7 DECORATIVE INORGANIC MULCHES A. Hard, durable stone, washed free of loam, sand, clay, and other foreign substances, of following type, size range, and color: 1. Type: Type A 2. Size: 2.5" - 5" 3. Color: Slate Chips 4. Depth: 6" Depth 5. Description: Flat, Dark Gray Slate Chips (No. 2) 2.8 METAL EDGING A. Steel Edging: Standard commercial-steel edging, rolled edge, fabricated in sections of standard lengths, with loops stamped from or welded to face of sections to receive stakes. 1. Edging Size: 1/4 inch wide by 5 inches deep. 2. Stakes: Tapered steel, a minimum of 15 inches long. 3. Accessories: Standard tapered ends, corners, and splicers. 4. Finish: Standard paint 5. Paint Color: Black. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 11 of 17 2.9 SUB DRAINAGE A. Drainage pipe: 4” slotted or drilled PVC or PE pipe pre-wrapped in a geo-textile fabric capable of filtering clay soil from migrating into the pipe. B. Drainage Gravel: Washed, sound crushed stone or gravel complying with ASTMD448. 2.10 STORM WATER MANAGEMNT PLANTING STABILIZATION A. Seed blankets and coverings: 1. Products for storm water management areas: Made from biodegradable jute matting, free of plastic or other non-biodegradable materials, seed free. 2. Staples – galvanized staples 6” in length. 2.11 MISCELLANEOUS PRODUCTS A. Planter Filter Fabric: Nonwoven geotextile manufactured for separation applications and made of polypropylene, polyolefin, or polyester fibers or combination of them. 2.12 HERBICIDES A. General: Pesticide registered and approved by EPA, acceptable to authorities having jurisdiction, and of type recommended by manufacturer for each specific problem and as required for Project conditions and application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction. B. Pre-Emergent Herbicide (Selective and Non-Selective): Effective for controlling the germination or growth of weeds within planted areas at the soil level directly below the mulch layer. C. Post-Emergent Herbicide (Selective and Non-Selective): Effective for controlling weed growth that has already germinated. 2.13 PESTICIDES A. General: Pesticide registered and approved by EPA, acceptable to authorities having jurisdiction, and of type recommended by manufacturer for each specific problem and as required for Project conditions and application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction. 1. Use pesticides on an as-needed basis. 2.14 TREE STABILIZATION MATERIALS A. Upright and Guy Stakes: Rough-sawn, sound, new hardwood Stakes and Guys: DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 12 of 17 1. Upright and Guy Stakes: Rough-sawn, sound, new hardwood, free of knots, holes, cross grain, and other defects, 2-by-2-inch nominal by length indicated, pointed at one end. 2. Guys and Tie Wires: ASTM A 641/A 641M, Class 1, galvanized-steel wire, two-strand, twisted, 0.106 inch in diameter. 3. Tree-Tie Webbing: UV-resistant polypropylene or nylon webbing with brass grommets. 4. Flags: Standard surveyor's plastic flagging tape, white, 6 inches long. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas to receive plants for compliance with requirements and conditions affecting installation and performance. 1. Verify that subgrades are correct prior to spreading topsoil or spreading amendments. 2. Conduct water percolation tests to verify that planting depths and drainage will meet the needs of the plants that have been selected. Inform the Architect of any drainage issues. 3. Verify that no foreign or deleterious material or liquid such as paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, or acid has been deposited in soil within a planting area. 4. Along roadways and in landscape islands, remove gravel and asphalt from landscape beds. 5. Do not mix or place soils and soil amendments in frozen, wet, or muddy conditions. 6. Suspend soil spreading, grading, and tilling operations during periods of excessive soil moisture until the moisture content reaches acceptable levels to attain the required results. 7. Uniformly moisten excessively dry soil that is not workable and which is too dusty. B. Proceed with installation only after unsatisfactory conditions have been corrected. C. If contamination by foreign or deleterious material or liquid is present in soil within a planting area, remove the soil and contamination as directed by Architect and replace with new planting soil. 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities and turf areas and existing plants from damage caused by planting operations. B. Install erosion-control measures to prevent erosion or displacement of soils and discharge of soil- bearing water runoff or airborne dust to adjacent properties and walkways. C. Lay out individual tree and shrub locations and areas for multiple plantings. Stake locations, outline areas, adjust locations when requested, and obtain Architect's acceptance of layout before excavating or planting. Make minor adjustments as required. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 13 of 17 3.3 GENERAL REQUIREMENTS FOR ALL PLANTING TYPES A. Before planting, verify that root flare is visible at top of root ball according to ANSI Z60.1. If root flare is not visible, remove soil in a level manner from the root ball to where the top-most root emerges from the trunk. After soil removal to expose the root flare, verify that root ball still meets size requirements. B. Remove stem girdling roots and kinked roots. Remove injured roots by cutting cleanly; do not break. C. Obstructions: Notify Architect if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations. D. Before planting, obtain Architect's acceptance of finish grading; restore planting areas if eroded or otherwise disturbed after finish grading. E. Excavate planting pits with sides sloping inward at a 45-degree angle. Excavations with vertical sides are not acceptable. Trim perimeter of bottom leaving center area of bottom raised slightly to support root ball and assist in drainage away from center. Do not further disturb base. Ensure that root ball will sit on undisturbed base soil to prevent settling. Scarify sides of planting pit smeared or smoothed during excavation. 1. Do not excavate deeper than depth of the root ball, measured from the root flare to the bottom of the root ball. 2. If area under the plant was initially dug too deep, add soil to raise it to the correct level and thoroughly tamp the added soil to prevent settling. 3. Maintain required angles of repose of adjacent materials as shown on the Drawings. Do not excavate subgrades of adjacent paving, structures, hardscapes, or other new or existing improvements. 4. Maintain supervision of excavations during working hours. 5. Keep excavations covered or otherwise protected when unattended by Installer's personnel. 6. If subdrainage is shown on Drawings or required under planting areas, insure contact between the root ball and subdrain pipe. F. After excavation examine the area for potential drainage difficulties matched to plant varieties and inform the Architect of potential poorly drained areas. Notify Architect if subsoil conditions evidence unexpected water seepage or retention in tree or shrub planting pits. Discuss variations in the depth of planting with the Architect prior to planting. G. Fill excavations with water and allow it to percolate away before positioning trees and shrubs. H. Set out and space plants according to the planting plans and notes in even rows with triangular spacing unless otherwise indicated. I. When planting on slopes, set the plant so the root flare on the uphill side is flush with the surrounding soil on the slope; the edge of the root ball on the downhill side will be above the surrounding soil. Apply enough soil to cover the downhill side of the root ball. J. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 14 of 17 K. Water thoroughly after planting, taking care not to cover plant crowns with wet soil. L. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. M. Backfill plants with the materials and methods indicated in the Tables below and with the following instructions: 1. After placing some backfill around root ball to stabilize plant, carefully cut and remove burlap, rope, and wire baskets from tops of root balls and 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. 2. Backfill around root ball in layers, tamping to settle soil and eliminate voids and air pockets. When planting pit is approximately one-half filled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. 3. Continue backfilling process. Water again after placing and tamping final layer of soil. 3.4 MASS PLANTING AREA REQUIREMENTS A. Preparation - Loosen area of planting areas to a minimum depth indicated in the table below. Remove stones larger than 1 inch in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. 1. Planting Type: a. Shrub and Groundcover Masses 1) Treatment Area: Entire Planting Area 2) Soil Treatment: Loosen 8" Deep 3) Backfill for Excavation: Use Planting Soil A b. Mass Perennials 1) Treatment Area: Entire Planting Area 2) Soil Treatment: Loosen 8" Deep 3) Backfill for Excavation: Use Planting Soil A c. Mass Annuals 1) Treatment Area: Entire Planting Area 2) Soil Treatment: Loosen 8" Deep 3) Backfill for Excavation: Use Planting Soil A 2. Apply slow release fertilizer and amendments directly to grade before loosening. 3. Thoroughly mix amendments and soil to the depths indicated in Table 1 to produce a uniform, loose, friable planting bed. 4. Soil generated from excavations may be used after properly amended as specified. 3.5 STORM WATER MANAGEMENT PLANTING STABILIZATION A. Planting plugs and small container plants in storm water management areas: 1. Prepare the soils according to plans and details including amendments. 2. Micro grade to meet the requirements of the grading plan. 3. Apply jute mat in continuous runs and attach with staples at 30” oc. 4. Cut a small slit in the jute matt and install plugs into soil. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 15 of 17 5. If deer or waterfowl pose a potential threat, use a single staple for each plant across the root ball to prevent the roots from being dislodged. 3.6 SOLITARY TREES AND SHRUBS PLANTING REQUIREMENTS A. Preparation - Loosen area of planting areas to a minimum depth indicated in the table below. Remove stones larger than 1 inch in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. 1. Solitary Trees a. Treatment Area: 10' wider than the root ball b. Soil Treatment: 12" Deep c. Backfill from excavation: Use Planting Soil Type A 2. Solitary Shrubs a. Treatment Area: 10' wider than the root ball b. Soil Treatment: 12" Deep c. Backfill from excavation: Use Planting Soil Type A 3. Soil generated from excavations may be used after properly amended as specified. 3.7 PLANT STABILIZATION A. Install plant stabilization as follows unless otherwise indicated: B. Plant Size: 1. 6" in Caliper and Greater a. Stabilization Method: Anchor 4 guys to wood deadmen buried at least 36 inches below grade. Provide turnbuckle and compression spring for each guy wire and tighten securely. Allow enough slack to avoid rigid restraint of tree. Provide soft flexible protection of the trunk from the guy wires. Attach flags to each guy wire, 30 inches above finish grade. 2. 3" to 6" in Caliper a. Stabilization Method: Anchor 3 guys to 30” wood stakes. Install guy wires allowing enough slack to avoid rigid restraint of tree. Provide soft flexible protection of the trunk from the guy wires. Attach flags to each guy wire, 30 inches above finish grade. 3. Less than 12' tall a. Stabilization Method: Provide two 6’ tall hardwood stakes driven into the ground at the edge of the root ball 2’ deep. Fasten the tree to the stakes with flexible bands capable of holding the plant steady but not binding. 3.8 PLANT PRUNING A. Remove only dead, dying, or broken branches. Do not prune for shape. B. Do not apply pruning paint to wounds. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 16 of 17 3.9 EDGING INSTALLATION A. Steel Edging: Install steel edging where indicated according to manufacturer's written instructions. Anchor with steel stakes spaced approximately 30 inches apart, driven below top elevation of edging. B. Shovel-Cut Edging: Separate mulched area from turf areas with a 45-degree, 4-to 6-inch deep, shovel-cut edge as shown on Drawings. 3.10 PLANTING AREA MULCHING A. Layout mulch beds carefully with smooth lines and as indicated on the drawings. Mulch backfilled surfaces of planting areas and other areas indicated. B. Organic Mulch in Planting Areas: Apply over whole surface of mass planting areas or on isolated plantings as follows: 1. 3” minimum depth for trees, shrubs and groundcovers 2. 1 ½” minimum depth for groundcovers, perennials, and annual beds. C. Do not place mulch within 3 inches of tree or large shrub trunks. 3.11 PLANT MAINTENANCE A. Until final acceptance maintain plantings by pruning, cultivating, watering, weeding, fertilizing, mulching, restoring planting saucers, adjusting and repairing tree-stabilization devices, resetting to proper grades or vertical position, and performing other operations as required to establish healthy, viable plantings. Spray or treat as required to keep trees and shrubs free of weeds, insects and disease. B. Until final acceptance fill in as necessary soil subsidence that may occur because of settling or other processes. Replace mulch materials damaged or lost in areas of subsidence. C. Include the following required action at 12 months from Substantial Completion: 1. Remove tree staking systems, above and below grade. 2. Remove tree saucers. 3. Expose root crowns of all trees planted on the job. 3.12 CLEANUP AND PROTECTION A. During planting, keep adjacent paving and construction clean and work area in an orderly condition. B. Protect plants from damage due to landscape operations and operations of other contractors and trades. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged plantings. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 32 93 00 PLANTS Page 17 of 17 C. After installation and before Substantial Completion remove nursery tags, nursery stakes, tie tape, labels, wire, burlap, and other debris from plant material, planting areas, and Project site. 3.13 DISPOSAL A. 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: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 33 41 00 STORM UTILITY DRAINAGE PIPING Page 1 of 3 SECTION 33 41 00 - STORM UTILITY DRAINAGE PIPING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. All utilities incorporated in the project shall be provided, installed and tested in accordance with Local Municipal Regulations B. NCDOT Standards and Specifications for work inside public right-of-way. C. Local Municipal standards and specifications for work on site. 1.2 DELIVERY, STORAGE, AND HANDLING A. Do not store plastic manholes, pipe, and fittings in direct sunlight. B. Protect pipe, pipe fittings, and seals from dirt and damage. C. Handle manholes according to manufacturer's written rigging instructions. D. Handle catch basins, stormwater inlets and stormwater riser structures according to manufacturer's written rigging instructions. 1.3 PROJECT CONDITIONS A. Interruption of Existing Storm Drainage Service: Do not interrupt service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary service according to requirements indicated: 1. Notify Construction Manager no fewer than 7 calendar days days in advance of proposed interruption of service. 2. Do not proceed with interruption of service without Construction Manager's written permission. PART 2 - PRODUCTS PART 3 - EXECUTION 3.1 EARTHWORK A. Excavation, trenching, and backfilling are specified in Section 31 20 00 "Earth Moving." DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 33 41 00 STORM UTILITY DRAINAGE PIPING Page 2 of 3 3.2 PIPING INSTALLATION A. General Locations and Arrangements: Drawing plans and details indicate general location and arrangement of underground storm drainage piping. Location and arrangement of piping layout take into account design considerations. Install piping as indicated, to extent practical. Where specific installation is not indicated, follow piping manufacturer's written instructions. B. Install piping beginning at low point, true to grades and alignment indicated with unbroken continuity of invert. Place bell ends of piping facing upstream. Install gaskets, seals, sleeves, and couplings according to manufacturer's written instructions for use of lubricants, cements, and other installation requirements. C. Install manholes for changes in direction unless fittings are indicated. Use fittings for branch connections unless direct tap into existing sewer is indicated. D. Install proper size increasers, reducers, and couplings where different sizes or materials of pipes and fittings are connected. Reducing size of piping in direction of flow is prohibited. E. When installing pipe under streets or other obstructions that cannot be disturbed, use pipe-jacking process of microtunneling. F. Install gravity-flow, nonpressure drainage piping according to the following: 1. Install piping pitched down in direction of flow. 2. Install piping to invert inverts shown on Drawings. 3. Install piping per local, state and manufacturer recommendations. 3.3 STORM DRAINAGE STRUCTURES A. General: Install junction boxes, catch basins and drop inlets according to local, state and manufacturer recommendations. B. Install precast concrete manhole sections with sealants according to ASTM C 891. C. Where specific manhole construction is not indicated, follow manhole manufacturer's written instructions. D. Set tops of frames and covers flush with finished surface of manholes that occur in pavements. Set tops 3 inches above finished surface elsewhere unless otherwise indicated. E. Where drop inlets are called for along the edge of proposed pavements, the drop inlet casting shall be set parallel and immediately adjacent to the edge of the pavement, so as to result in a neat finished appearance. F. Storm structure inverts shall be constructed as shown in the Drawings. G. Riser structure shall be placed at exact elevation shown in the Drawings. H. Cleanout structures shall be constructed at the exact location shown in the Drawings. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 33 41 00 STORM UTILITY DRAINAGE PIPING Page 3 of 3 I. Cleanout rim elevations shall be placed at the bottom of the decorative stone elevations, unless otherwise shown in the Drawings. 3.4 FIELD QUALITY CONTROL A. Inspect interior of piping to determine whether line displacement or other damage has occurred. Inspect after approximately 24 inchesof backfill is in place, and again at completion of Project. 1. Submit separate reports for each system inspection. 2. Defects requiring correction include the following: a. Alignment: Less than full diameter of inside of pipe is visible between structures. b. Deflection: Flexible piping with deflection that prevents passage of ball or cylinder of size not less than 92.5 percent of piping diameter. c. Damage: Crushed, broken, cracked, or otherwise damaged piping. d. Infiltration: Water leakage into piping. e. Exfiltration: Water leakage from or around piping. 3. Replace defective piping using new materials, and repeat inspections until defects are within allowances specified. 4. Reinspect and repeat procedure until results are satisfactory. B. Test new piping systems, and parts of existing systems that have been altered, extended, or repaired, for leaks and defects. 1. Do not enclose, cover, or put into service before inspection and approval. 2. Test completed piping systems according to requirements of authorities having jurisdiction. 3. Schedule tests and inspections by authorities having jurisdiction with at least 48 hours' advance notice. 4. Submit separate report for each test. C. Leaks and loss in test pressure constitute defects that must be repaired. D. Replace leaking piping using new materials, and repeat testing until leakage is within allowances specified. 3.5 CLEANING A. Clean interior of piping of dirt and superfluous materials. Flush with water. END OF SECTION 33 41 00 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 33 46 00 SUBDRAINAGE Page 1 of 4 SECTION 33 46 00 - SUBDRAINAGE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Perforated-wall pipe and fittings. 2. Drainage panels. 3. Geotextile filter fabrics. 1.3 ACTION SUBMITTALS A. Product Data: 1. Drainage panels, including rated capacities. 2. Geotextile filter fabrics. PART 2 - PRODUCTS 2.1 PERFORATED-WALL PIPES AND FITTINGS A. Perforated PE Pipe and Fittings: 1. NPS 6and Smaller: ASTM F 405 or AASHTO M 252, Type CP; corrugated, for coupled joints. 2. NPS 8and Larger: ASTM F 667; AASHTO M 252, Type CP; or AASHTO M 294, Type CP; corrugated; for coupled joints. 3. Couplings: Manufacturer's standard, band type. B. Perforated PVC Sewer Pipe and Fittings: ASTM D 2729, bell-and-spigot ends, for loose joints. 2.2 DRAINAGE PANELS A. Drainage panels are to be submitted to the Architect for approval. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 33 46 00 SUBDRAINAGE Page 2 of 4 2.3 SOIL MATERIALS A. Soil materials are specified in Section 31 20 00 "Earth Moving." 2.4 WATERPROOFING FELTS A. Material: Comply with [ASTM D 226, Type I, asphalt] [or] [ASTM D 227, coal-tar]-saturated organic felt. 2.5 GEOTEXTILE FILTER FABRICS A. Description: Fabric of PP or polyester fibers or combination of both, with flow rate range from 110 to 330 gpm/sq. ft.when tested according to ASTM D 4491. B. Structure Type: Nonwoven, needle-punched continuous filament. 1. Survivability: AASHTO M 288 Class 2. 2. Styles: Flat and sock. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine surfaces and areas for suitable conditions where subdrainage systems are to be installed. B. If subdrainage is required for landscaping, locate and mark existing utilities, underground structures, and aboveground obstructions before beginning installation and avoid disruption and damage of services. C. Verify that drainage panels installed as part of foundation wall waterproofing is properly positioned to drain into subdrainage system. D. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 EARTHWORK A. Excavating, trenching, and backfilling are specified in Section 31 20 00 "Earth Moving." 3.3 FOUNDATION DRAINAGE INSTALLATION A. Foundation drainage shall be constructed as shown in the Drawings and per manufacturer recommendations. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 33 46 00 SUBDRAINAGE Page 3 of 4 3.4 LANDSCAPING DRAINAGE INSTALLATION A. Landscape drainage shall be constructed as shown in the Drawings and per manufacturer recommendations. 3.5 PIPING INSTALLATION A. Install piping beginning at low points of system, true to grades and alignment indicated, with unbroken continuity of invert. Bed piping with full bearing in filtering material. Install gaskets, seals, sleeves, and couplings according to manufacturer's written instructions and other requirements indicated. 1. Foundation Subdrainage: Install piping level and with a minimum cover of 18 inches unless otherwise indicated. 2. Underslab Subdrainage: Install piping level. 3. Plaza Deck Subdrainage: Install piping level. 4. Retaining-Wall Subdrainage: When water discharges at end of wall into stormwater piping system, install piping level and with a minimum cover of 18 inches unless otherwise indicated. 5. Landscaping Subdrainage: Install piping pitched down in direction of flow, at a minimum slope of 1.0 percent percent and with a minimum cover of 18 inches unless otherwise indicated. 6. Lay perforated pipe with perforations down. 7. Excavate recesses in trench bottom for bell ends of pipe. Lay pipe with bells facing upslope and with spigot end entered fully into adjacent bell. B. Use increasers, reducers, and couplings made for different sizes or materials of pipes and fittings being connected. Reduction of pipe size in direction of flow is prohibited. C. Install thermoplastic piping according to ASTM D 2321. 3.6 PIPE JOINT CONSTRUCTION A. Join perforated PE pipe and fittings with couplings according to ASTM D 3212 with loose banded, coupled, or push-on joints. B. Join perforated PVC sewer pipe and fittings according to ASTM D 3212 with loose bell-and- spigot, push-on joints. C. Special Pipe Couplings: Join piping made of different materials and dimensions with special couplings made for this application. Use couplings that are compatible with and fit materials and dimensions of both pipes. 3.7 BACKWATER VALVE INSTALLATION A. Comply with requirements for backwater valves specified in Section 33 41 00 "Storm Utility Drainage Piping." DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 9/2/2020 33 46 00 SUBDRAINAGE Page 4 of 4 3.8 CLEANOUT INSTALLATION A. Comply with requirements for cleanouts specified in Section 33 41 00 "Storm Utility Drainage Piping." B. Cleanouts for [Foundation] , [Retaining-Wall] , [and] [Landscaping] Subdrainage: 1. Install cleanouts from piping to grade. Locate cleanouts at beginning of piping run and at changes in direction. Install fittings so cleanouts open in direction of flow in piping. 2. Install cleanouts as shown in the Drawings and per manufacturer recommendations. 3.9 CONNECTIONS A. Comply with requirements for piping specified in Section 33 41 00 "Storm Utility Drainage Piping." Drawings indicate general arrangement of piping, fittings, and specialties. 3.10 FIELD QUALITY CONTROL A. Tests and Inspections: 1. After installing drainage course to top of piping, test drain piping with water to ensure free flow before backfilling. 2. Remove obstructions, replace damaged components, and repeat test until results are satisfactory. B. Drain piping will be considered defective if it does not pass tests and inspections. C. Prepare test and inspection reports. 3.11 CLEANING A. Clear interior of installed piping and structures of dirt and other superfluous material as work progresses. Maintain swab or drag in piping and pull past each joint as it is completed. Place plugs in ends of uncompleted pipe at end of each day or when work stops. END OF SECTION 33 46 00 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 04 01 20 MASONRY REPAIR Page 1 of 9 SECTION 040120 - MASONRY REPAIR PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Samples of existing mortar for texture, strength, and color matching. 2. Repairing damaged brick masonry, including replacing both missing and damaged units. 3. Removal of mortar and tuckpointing of mortar joints in brick masonry. 4. Removal of mortar and installation of joint sealant in brick masonry. 5. Cutting of new control joint and installation of joint sealant in brick masonry. B. Related Section: 1. Refer to additional specification sections regarding installation of below-grade waterproofing at exterior masonry walls. 2. Refer to additional specifications sections regarding removal and replacement of existing joint sealants and installation of new joint sealants at new control joint locations. 1.3 INFORMATIONAL SUBMITTALS A. Submit Product Data: For each type of product. 1. Include material descriptions and installation procedures. 2. Include recommendations for product application and use. Include test data substantiating that products comply with requirements. B. Samples: 1. Mortar: Submit sets of mortar that will be left exposed in the form of sample mortar strips, 6 inches long by 1/2 inch wide, set in aluminum or plastic channels. If approved by the Owner and Designer, the Contractor may be allowed to install mortar sample at or adjacent to a repair area to allow for comparison with adjacent mortar. a. The Contractor must be prepared to provide a range of close color samples and must provide additional samples if requested to obtain a match that is acceptable to the Owner and Designer. b. Submit with precise measurements on ingredients, proportions, gradations, and source of sands from which each Sample was made. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 04 01 20 MASONRY REPAIR Page 2 of 9 c. Provide separate samples for mortar to be replaced at Buidings A and B and the Recreation Center as color and texture are expected to be different. 2. Brick: Submit samples of ach type of brick unit to be used for replacing existing damaged or missing units. Samples must clearly confirm shape, color, and surface texture to be expected. If brick types include significant variation in color or texture, provide a minimum of four bricks to show variation. Only if an acceptable match cannot be obtained through a reasonable sample process will the Owner and Designer may consider use of existing brick from another location of the building to ensure. 1.4 QUALITY ASSURANCE A. Subcontractor Qualifications: Engage an experienced masonry repair and restoration contractor to perform work of this Section. Firm shall have completed work similar in material, design, and extent to that indicated for this Project with a record of successful in-service performance with historic buildings and masonry materials over the past 5 years. Experience in only installing new masonry construction is insufficient experience for the masonry repair and restoration work required for this project. 1. Field Supervision: Masonry repair and restoration specialty firm shall maintain experienced full-time supervisors on Project site during times that masonry repair work is in progress. B. Quality-Control Program: Prepare a written quality-control program for this Project to systematically demonstrate the ability of personnel to properly follow methods and use materials and tools without damaging existing masonry. Include provisions for supervising performance and preventing damage. C. Mockups: Prepare in-place mockup of masonry tuckpointing to demonstrate aesthetic effects of new mortar, intended joint tooling, and to set quality standards for materials and execution prior start of full work. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver new masonry units to Project site strapped together in suitable packs or pallets or in heavy-duty cartons and protected against impact and chipping. B. Deliver packaged materials to Project site in manufacturer's original and unopened containers, labeled with manufacturer's name and type of products. C. Store cementitious materials on elevated platforms, under cover, and in a dry location. Do not use cementitious materials that have become damp. D. Store pre-packaged mortar in manufacturer's original and unopened containers. Discard product if containers have been damaged or have been left opened for longer than recommended by the manufacturer. E. Store loose granular materials where grading and other required characteristics can be maintained and contamination of materials or surrounding surfaces avoided. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 04 01 20 MASONRY REPAIR Page 3 of 9 F. Handle masonry units to prevent overstressing, chipping, defacement, and other damage. 1.6 PROJECT CONDITIONS A. Work under this section will be performed at exterior walls of the Whitted Complex (Buildings A, B, and Recreation Center at specific locations identified on the drawings. These buildings are accessible by the public and some interior spaces are adjacent to work include medical/dental clinic spaces and may require coordination with the Owner’s representative to protect the safety of the public and prevent conflict or disruption of interior operations. B. A significant portion of the work will be performed at the south elevation of the Recreation Center and is located directly over the main entrance to the building. The contractor will be required to provide a covered walkway extending a minimum of 10’ from the building during work in this area to protect entrance and exit from the building unless otherwise agreed upon in advance with the Owner and Designer. C. Temperature Limits, General: Repair masonry units only when air temperature is between 40 and 90 deg F and is predicted to remain so for at least seven days after completion of the Work unless otherwise indicated. D. Cold-Weather Requirements: Comply with the following procedures for masonry repair unless otherwise indicated: E. When air temperature is below 40 deg F , heat mortar ingredients, masonry repair materials, and existing masonry walls to produce temperatures between 40 and 120 deg F. F. When mean daily air temperature is below 40 deg F , provide enclosure and heat to maintain temperatures above 32 deg F within the enclosure for seven days after repair. G. Hot-Weather Requirements: Protect masonry repairs when temperature and humidity conditions produce excessive evaporation of water from mortar and other repair materials. Provide artificial shade and wind breaks, and use cooled materials as required to minimize evaporation. Do not apply mortar to substrates with temperatures of 90 deg F and above unless otherwise indicated. H. For manufactured repair materials, perform work within the environmental limits set by each manufacturer. PART 2 - PRODUCTS 2.1 MASONRY MATERIALS A. Manufacturer Cleaning Product: Provide a light-duty cleaner if recommended by the manufacturer of the mortar/brick for use in preparation of the brick/mortar for tuckpointing or repair and for cleaning following repair work. Product shall be non-acidic and shall not require any pre-wash or neutralization products or steps. Product must be safe for use on occupied buildings and be non-damaging to landscaping, grass, glass, painted wood, metal, glass, stone, and other finishes the product may contact during cleaning. Provide associated materials such DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 04 01 20 MASONRY REPAIR Page 4 of 9 as plastic sheeting, etc. as required to protect existing non-masonry components, to prevent water entry due to exposure to cleaning process, and to reclaim water if required by the Owner. B. General: Obtain each type of material for repairing brick masonry (brick, cement, sand, etc.) from single source with resources to provide materials of consistent quality in appearance and physical properties. C. Face Brick: As required to complete brick masonry repair work. 1. Brick Matching Existing: Provide new brick masonry units with color(s), color variation within units, surface texture, size, and shape that match existing brickwork to be replaced. 2. Tolerances as Fabricated: According to tolerance requirements in ASTM C 216, Type FBS . 2.2 MORTAR MATERIALS A. For mortar to be used in the repair and repointing of existing brick and stone masonry, and setting of new exterior masonry at repair locations, provide mortar material types, colors, and proportions as required to best match color and texture of existing mortar. The compressive strength of the new mortar mix(es) used shall not exceed the compressive strength of the existing mortar. B. Portland Cement: ASTM C 150/C 150M, Type I or Type II, except Type III may be used for cold-weather construction; white or gray, or both where required for color matching of mortar. 1. Provide cement containing not more than 0.60 percent total alkali when tested according to ASTM C 114. C. Hydrated Lime: ASTM C 207, Type S. D. Mortar Sand: ASTM C 144. 1. Exposed Mortar: Match size, texture, and gradation of existing mortar sand as closely as possible. Blend several sands if necessary to achieve suitable match. 2. Colored Mortar: Natural sand or ground marble, granite, or other sound stone of color necessary to produce required mortar color. E. Mortar Pigments: ASTM C 979/C 979M, compounded for use in mortar mixes, and having a record of satisfactory performance in masonry mortars. 1. Products: Subject to compliance with requirements, provide one of the following: a. Davis Colors; True Tone Mortar Colors. b. Lanxess Corporation; Bayferrox Iron Oxide Pigments. c. Solomon Colors, Inc.; SGS Mortar Colors. d. Or equivalent F. Water: Potable. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 04 01 20 MASONRY REPAIR Page 5 of 9 2.3 MORTAR MIXES A. Mixes: Mix mortar materials in the following proportions: 1. Provide mortar mix proportions that will not exceed the tested compressive strength of existing mortar. If the contractor wants to utilize a mortar with a higher compressive strength than specified, they must confirm compressive strength of existing mortar through mortar analysis/testing. 2. Mortar by Type: ASTM C 270, Proportion Specification, Type N unless otherwise indicated; with cementitious material limited to portland cement and lime. 3. Pigmented, Colored Mortar: Add mortar pigments to produce exposed, setting (rebuilding) mortar and repointing mortar of color(s) required. B. Measurement and Mixing: Measure cementitious materials and sand in a dry condition by volume or equivalent weight. Do not measure by shovel; use known measure. Mix materials in a clean, mechanical batch mixer. Use of pre-mixed mortar is acceptable as long as it is used to create the approved sample. C. Colored Mortar: Produce mortar of color required by using specified ingredients. Do not alter proportions specified, or determined based on approved samples without Designer approval. 1. Mortar Pigments: Where mortar pigments are indicated, do not add pigment exceeding 10 percent by weight of the cementitious or binder materials, except for carbon black which is limited to 2 percent, unless otherwise demonstrated by a satisfactory history of performance. D. Do not use admixtures in mortar unless otherwise indicated. 2.4 ACCESSORY MATERIALS A. Setting Buttons and Shims: Resilient plastic, nonstaining to masonry, sized to suit joint thicknesses and bed depths of masonry units, less the required depth of pointing materials unless removed before pointing. B. Masking Tape: Nonstaining, nonabsorbent material; compatible with mortar, joint primers, sealants, and surfaces adjacent to joints; and that easily comes off entirely, including adhesive. C. Repair Mortar: Provide a polymer-modified, fast-setting Portland cement repair mortar that is supplied in a factory-proportioned unit and can be used on vertical masonry surfaces. Product shall be capable of stopping pressure leakage of water and shall have a rapid set time. Basis of design, SikaSet Plug, or approved equal. D. Joint Sealant: Refer to Section 07 92 00 – Joint Sealants for joint sealant and accessory materials. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 04 01 20 MASONRY REPAIR Page 6 of 9 PART 3 - EXECUTION 3.1 INSPECTION, PROTECTION, AND MASONRY CLEANING A. If cleaning is recommended by the manufacturer, perform a test of the cleaning product and process to ensure that existing materials will not be damaged and results are as anticipated. Carefully follow the manufacturer’s instructions. Let the area dry 3 to 7 days before inspection/approval. A. Prevent masonry mortar from staining face of surrounding masonry and other surfaces. 1. Cover sills, ledges, and other projecting items to protect them from mortar droppings. 2. Keep wall area wet below rebuilding and repair work to discourage mortar from adhering. 3. Immediately remove mortar splatters in contact with exposed masonry and other surfaces. 3.2 MASONRY REPAIR, GENERAL A. Workmanship is of particular importance during masonry repair on existing buildings. Maintain consistent coursing, mortar joint sizes and profiles that match the existing masonry remaining in place. B. Appearance Standard: Repaired and tuckpointed surfaces are to have a uniform appearance as viewed from 20 feet away, at grade, by the Owner and Designer. C. Follow requirements of applicable industry standards/groups (Ex. BIA, National Park Service, etc.), material manufacturers, and project design for general installation, installation during hot and cold weather conditions, and protection of installation products and systems during curing. 3.3 BRICK REMOVAL AND REPLACEMENT A. At locations indicated, remove bricks that are damaged/cracked, spalled, or deteriorated to allow for replacement. Carefully remove entire units from joint to joint, without damaging surrounding masonry, in a manner that permits replacement with full-size units. This section also applies to installation of new brick where existing brick is missing. 1. When removing single damaged bricks, remove material from center of brick and work toward outside edges. B. Support and protect remaining masonry that surrounds removal area. C. Maintain flashing, reinforcement, lintels, and adjoining construction in an undamaged condition D. Notify the Designer of unforeseen detrimental conditions including voids, cracks, bulges, and loose units in existing masonry backup, rotted wood, rusted metal, and other deteriorated items. E. At areas requiring removal of multiple non-damaged brick, remove in an undamaged condition as many whole bricks as possible and salvage for potential reuse. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 04 01 20 MASONRY REPAIR Page 7 of 9 1. Remove mortar, loose particles, and soil from salvaged brick by cleaning with hand chisels, brushes, and water. 2. Remove sealants by cutting close to brick with utility knife and cleaning with solvents. 3. Store brick for reuse. Store off ground, on skids, and protected from weather. 4. Deliver cleaned brick not required for reuse to Owner unless otherwise indicated. F. Clean masonry surrounding removal areas to remove mortar, dust, and loose particles in preparation for brick replacement/rework. G. Replace removed damaged brick with new brick matching existing brick. Do not use broken units unless they can be cut to usable size. H. Install replacement brick in the same bonding and coursing orientation/pattern of the existing brick. If cutting is required, use a motor-driven saw designed to cut masonry with clean, sharp, unchipped edges. 1. Maintain joint width for replacement units to match existing joints. 2. Use setting buttons or shims to set units accurately spaced with uniform joints. I. Lay replacement brick with new rebuilding (setting) mortar and with completely filled bed, head, and collar joints. Butter ends with enough mortar to fill head joints and shove into place. Wet both replacement and surrounding bricks that have ASTM C 67 initial rates of absorption (suction) of more than 30 g/30 sq. in. per min. Use wetting methods that ensure that units are nearly saturated but surface is dry when laid. 1. Tool exposed mortar joints in repaired areas to match joints of surrounding existing brickwork. 2. When replaced brick is located within areas to be repointed, rake out mortar used for laying brick before mortar sets according to the requirements for repointing in this specification section. Point the mortar joints of the replaced brick at same time as the surrounding brick joints are repointed. 3. When mortar is hard enough to support units, remove shims and other devices interfering with pointing of joints. J. Mortar used must be thoroughly mixed in quantities needed to conform with required proportions and for immediate use, using only mixing methods specific to the type of mortar to be used. Use mortar within 1-1/2 hours of mixing, after which unused mortar shall be discarded unless otherwise confirmed through the manufacturer’s product data. This period shall be reduced to 30 minutes in hot weather. Re-tempering shall be allowed in accordance with ASTM C270, Subparagraph 6.4, only if it is demonstrated that re-tempering does not negatively affect color consistency or final performance. Re-tempering shall be used to replace water lost to evaporation only. Do not re-temper mortars which have begun to set. K. Curing: Cure mortar by maintaining in thoroughly damp condition for at least 72 consecutive hours, including weekends and holidays. 1. Hairline cracking within the mortar or mortar separation at edge of a joint is unacceptable. Completely remove such mortar and repoint. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 04 01 20 MASONRY REPAIR Page 8 of 9 3.4 BRICK TUCKPOINTING A. Confirm areas of pointing work included in the project scope. Provide additional unit price for pointing of mortar joints (by the linear foot) that are not included in the base bid scope of work and may be requested by the Owner or Designer. B. Carefully remove mortar, taking precaution not to damage adjacent brick to remain. Utilize hand tools if necessary to prevent damage. For tuckpointing, mortar joints shall be raked out to a depth of at least 3/4" beneath existing surface, but not less than that necessary to reach sound material. Materials damaged by use of power equipment (approved or not) will be replaced by the Contractor at no additional charge. C. Do not enlarge joint widths. Mortar joints shall be cut square, shallow or furrow-shaped joints shall not be accepted. When raking/cutting is complete, remove all loose material with a brush and/or high-pressure air. Joint surfaces shall be free of standing water at the time of re- pointing/brick replacement. D. For tuckpointing, fill raked joints with new mortar. Fill mortar into joints in 1/4" lifts when joint depth exceeds 1/2". Start by filling deeper sections, compacting each layer, packing it into the rear and corners of the joint. When lift reaches "thumbprint" hardness, apply the next layer at 1/4" thickness. E. Thoroughly mix mortar in quantities needed to conform with required proportions and for immediate use, using only mixing methods specific to the type of mortar to be used. Use mortar within 1-1/2 hours of mixing, after which unused mortar shall be discarded unless otherwise confirmed through the manufacturer’s product data. This period shall be reduced to 30 minutes in hot weather. Re-tempering shall be allowed in accordance with ASTM C270, Subparagraph 6.4, only if it is demonstrated that re-tempering does not negatively affect color consistency or performance. Re-tempering shall be used to replace water lost to evaporation only. Do not re- temper mortars which have begun to set. F. Tool mortar joints to match joints of the original profile. Remove excess smears from the existing adjacent surfaces. G. Clean masonry following pointing, after mortar has cured for a minimum of 7 days to remove excess mortar from masonry and adjacent surfaces. 3.5 INFILL OF VOIDS/HOLES IN MASONRY WALL AND RESURFACING A. Remove soft, deteriorated, or loose portions of masonry (or rough concrete surface) and clean debris from cavity. If necessary, lightly dampen the substrate just prior to application. B. Mix the repair mortar/water stop with clean water to obtain require consistency as recommended by the manufacturer. Do not overmix or utilize more water than recommended. Mix only as much product as can be placed within the working time. C. Place material firmly into the hole/void. Form/shape compound to allow for insertion into deeper portions of the void to ensure plug of opening before remainder of cavity is filled. Strike material flush with the interior surface of the masonry wall. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 04 01 20 MASONRY REPAIR Page 9 of 9 D. Install in strict accordance with the manufacturer’s requirements. 3.6 FINAL CLEANING A. After mortars have cured sufficiently to prevent damage, thoroughly clean exposed masonry surfaces of excess mortar and foreign matter; use wood scrapers, stiff-nylon or -fiber brushes, and clean water applied by low-pressure spray. 1. Do not use metal scrapers or brushes. 2. Do not use acidic or alkaline cleaners. B. Remove masking materials, leaving no residues that could trap dirt. END OF SECTION 040120 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 07 13 00 BELOW GRADE WATERPROOFING Page 1 of 6 SECTION 07 13 00 – BELOW GRADE SHEET WATERPROOFING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Installation of a new sheet waterproofing system and protection materials below-grade at portions of exterior walls of Buildings A and B. Location of waterproofing installations identified on the design drawings. 2. Removal of existing remedial waterproofing membrane and protection insulation and preparation of existing exterior wall surfaces to obtain acceptable substrates prior to new waterproofing installations. 3. Infill of hole in the interior face of the masonry foundation wall with polymer-modified repair mortar. Infill of isolated voids around other through-wall penetrations. 4. Routing of crack in the mortar and brick on the inside face of the foundation wall in preparation for installation of new joint sealant. B. Related Sections: 1. Refer to additional specification sections regarding excavation, backfill, and storm water drainage upgrades associated with areas adjacent to exterior walls and installation of new waterproofing system materials. 2. Refer to additional specification sections regarding repairs to isolated brick/wall damages and isolated sealant replacement at locations identified in the drawings. 1.3 INFORMATIONAL SUBMITTALS A. Submit written confirmation of contractor’s approved applicator’s status from the waterproofing system manufacturer. B. Submit a 6" by 6" sample of waterproofing membrane with manufacturer’s identification labels attached. C. Submit product data and SDS for each product listed in this specification section and others accessory products that may be required by the waterproofing membrane manufacturer for a complete installation of the work. D. Submit manufacturer’s application manuals/instructions, which describe completely the preparation of surfaces and application of specified materials. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 07 13 00 BELOW GRADE WATERPROOFING Page 2 of 6 E. Submit shop drawings showing detailing and components for conditions anticipated. Details may not be altered from the design drawings unless changes are specifically noted on the shop drawings and approved by the Designer prior to installation. The Designer may request that shop drawings be reviewed by the manufacturer, especially if significant variance from manufacturer’s standard details is present. F. Submit a sample copy of the system manufacturer’s standard material warranty. 1.4 QUALITY ASSURANCE A. Obtain waterproofing membrane materials from a single manufacturer with not less than 10 years of successful experience in manufacturing and supply of below grade waterproofing products. Provide other system components such as primers, insulation, mastics, sealants, termination bar, fasteners and metal flashings, as approved by manufacturer of primary membrane materials. B. Contractor shall be an approved/authorized applicator of the manufacturer for installation of the product to be installed. Approved status must be in-place prior to the bid date. C. Use adequate number of skilled workmen who are trained and experienced in the necessary crafts and who are familiar with the specified requirements and the methods needed for performance of the Work. Contractor shall have a minimum of three (3) years of experience with the installation of below grade sheet waterproofing systems. D. Comply with pertinent codes and regulations including recommendations contained in the most recent edition of The NRCA Waterproofing Manual published by the NRCA and the manufacturer’s written installation instructions. Where manufacturer or NRCA recommendations differ from the design specifications and drawings, the more stringent requirement will take precedence unless otherwise agreed upon with the Designer. E. If requested, provide an inspection by the manufacturer’s technical representative during system installation, technical assistance, and material application guidance as necessary to complete the system installation in accordance with the manufacturer’s requirements and these specifications. 1.5 PROJECT CONDITIONS A. Work under this section will be performed at exterior walls of the Whitted Complex (Buildings A, B, and Recreation Center at specific locations identified on the drawings. These buildings are accessible by the public and some interior spaces are adjacent to work include medical/dental clinic spaces and may require coordination with the Owner’s representative to protect the safety of the public and prevent conflict or disruption of interior operations. B. Access to the exterior walls is generally not limited. Isolated areas may include ground-mounted equipment, utilities services or landscaping. Field verify access conditions to ensure that materials, workers, and equipment to be used are acceptable. If any specialized equipment, disconnection or temporary relocation of equipment, training, or inspection is required for access or proper performance, the contractor must include these within the bid and work scope. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 07 13 00 BELOW GRADE WATERPROOFING Page 3 of 6 PART 2 - PRODUCTS 2.1 SURFACE PREPARATION AND WATERPROOFING MATERIALS A. Cementitious Parge Coat: Provide a cementitious parging mix designed for resurfacing/coating of existing masonry materials and to provide a smooth, even substrate for application of the waterproofing. Provide potable water and other accessories required for proper mixing and application. B. Sheet Waterproofing Membrane: Provide a self-adhesive, rubberized asphalt waterproofing membrane with a laminated high density polyethylene film, total nominal thickness of 0.060” (0.056” rubberized asphalt and 0.004” HDPE). The sheet shall be designed and manufactured specifically for use as part of a below-grade waterproofing system on vertical foundation wall applications and shall be compatible with the existing substrates and intended use. Acceptable products and manufacturers include; Bituthene 3000 by Grace Construction Products; Polyguard 650 by Polyguard; or Mel-Rol by WR Meadows. a. Tensile Strength-Membrane: 325 psi min. (ASTM D 412 – Die C) b. Tensile Strength – Film: 5000 psi min. (ASTM D 882) c. Elongation to Ultimate Failure of RA: 300% min. (ASTM D412) d. Permeance: 0.05 perms max. (ASTM E 96 – water method) e. Crack Cycling (100 cycles): No effect (ASTM C 836 @ -15°) f. Peel Adhesion: > 9lbs/in. width (ASTM D 903) g. Puncture Resistance (Membrane): 50 lbs. min. (ASTM E 154 – Blunt Instr.) h. Resistance to Hydrostatic Head: 200 ft min. (ASTM D 5385-93) i. Water Absorption: 0.1% max. (ASTM D 570) j. The products/manufacturers listed denote the quality standard of product desired. Requests for substitution of another manufacturer or product must include sufficient documentation to indi- cate that manufacturer and/or product submitted meet the technical, performance, and warranty requirements of these specifications and are equivalent to the quality of those listed, must be submitted by qualified project bidders (not accepted from manufacturers). The Designer shall be the sole judge of acceptance of requests for substitution. C. Surface Primer: Provide a surface conditioner/primer recommended and supplied by the waterproofing membrane manufacturer for specific use with their sheet membrane material. Primer is intended for use over the cured parge coat to ensure a proper substrate and enhance adhesion of the waterproofing membrane. Primer use is required even if it is considered optional by the manufacturer. D. Liquid Membrane, Detail Tape, Detail Sealant, Mastic: Provide system-specific liquid membranes, detail tapes, detail sealants, and mastics supplied by the sheet membrane manufacturer and intended for use as a part of system detailing at corners, transitions, penetrations, and terminations, and other detailing conditions to meet the project and manufacturer requirements. E. Termination Bar: Provide an aluminum or stainless steel termination or compression bar, 1/8” x 1”. Bar shall have pre-drilled slotted holes at 8” o.c. No plastic or polymer termination bars will be accepted. Secure with stainless steel fasteners suitable for securement into existing masonry. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 07 13 00 BELOW GRADE WATERPROOFING Page 4 of 6 Drive pin-type fasteners are not accepted for this application due to potential for damage to masonry. F. Protection Board: Provide extruded polystyrene rigid board insulation meeting requirements of ASTM C578, Type IV. Insulation shall be 1” thick and have a minimum compressive strength of 25 psi per ASTM D1621. Insulation shall have a minimum density of 1.55 pcf, and a maximum water absorption of 0.1% by volume in accordance with ASTM C272. Acceptable products and manufacturers include: Styrofoam by Dow; Foamular 250 by Owens Corning, and Greenguard by Kingspan. Provide manufacturer recommended adhesive or detail tape for securement until backfill. G. Provide other waterproofing system accessories not specifically listed, but required for the proper and complete installation of the system. 2.2 MISCELLANEOUS REPAIR MATERIALS A. Repair Mortar: Provide a polymer-modified, fast-setting Portland cement repair mortar that is supplied in a factory-proportioned unit and can be used on vertical masonry surfaces. Product shall be capable of stopping pressure leakage of water and shall have a rapid set time. Basis of design, SikaSet Plug, or approved equal. B. Backfill material: Refer to applicable sections of the technical specifications for information regarding backfill activities and required materials. C. Joint Sealant: Refer to applicable sections of the technical specifications for information regarding replacement of existing joint sealants or installation of new joint sealants that do not form an integral part of the waterproofing system. D. Provide other repair materials and accessories not specifically listed, but required for the proper and complete installation of the work. PART 3 - EXECUTION 3.1 EXCAVATION, INSPECTION, AND SURFACE PREPARATION A. Excavation of existing soil from existing grade down to the top of the foundation wall footing is required to allow for new waterproofing system installation. Final excavation directly adjacent to the wall should be performed using hand tools to provide safe and proper access to the substrate to be waterproofed without damage to the existing masonry wall or adjacent wall features (windows, sills, etc.). B. At isolated areas with remedial waterproofing membrane and protection board, remove existing materials and dispose of off-site. At areas with existing bituminous waterproofing/dampproofing, removal existing materials and dispose of off-site. C. Inspect and clean the surface of the exposed brick masonry foundation wall and top of the footing. Use of wire brushes, vacuuming/scraping, and other cleaning methods shall be used as needed to DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 07 13 00 BELOW GRADE WATERPROOFING Page 5 of 6 remove loose materials, residue, dirt and debris from the masonry surface to provide the substrate condition required for application of the cementitious parge coat. If holes/damages to the brick are discovered below grade, infill holes with repair mortar prior to installation of parge coat and waterproofing system. D. Mix parging material in strict accordance with the requirements of the material manufacturer. Do not exceed the recommended water content/ratio during mixing. Trowel apply the parging material to the masonry surface in accordance with manufacturers recommendations and to obtain a smooth, even surface acceptable for application of the specified sheet waterproofing membrane without fins, projections, or voids. Do not exceed maximum lift thickness designated by the manufacturer. E. All parge coat to fully cure prior to application of primer and installation of the sheet waterproofing system. Provide protection during curing to prevent shrinkage cracking of the parge coat. 3.2 SHEET WATERPROOFING INSTALLATION A. Apply surface primer using roller type and the coverage rate recommended by the manufacturer. Allow primer to dry until it is tack-free unless otherwise required by the manufacturer. Re-prime areas that become contaminated with dust or other debris. Do not apply primer directly to water- proofing sheet membrane. B. Apply detailing tapes, liquid membrane, mastics, and sealants at transitions between vertical wall and top of footing, inside and outside corners, footing steps, penetrations through the wall, and at transitions to work not in scope in accordance with the design details and manufacturer’s rec- ommendations. C. Install self-adhered waterproofing membrane on vertical surfaces. Overlap all seams a minimum of 2.5”. Roll all membrane seams with a hand roller. Sheets should be oriented with vertical joints. If more than one course of membrane is required, the upper layer must overlap the lower by a minimum of 2.5”. Extend the waterproofing onto the top of the footing enough to cover the transition strip by a minimum of 2”. Apply mastic to the joints within 12” of a transition/change in direction. Install target patches and additional sealant/mastic at penetrations through the mem- brane. D. Terminate the top of the membrane approximately 1”-2” below the planned new grade level, to ensure that the waterproofing and top edge of the protection board will be covered and will not be exposed to UV or general landscaping activities. Secure the top of the membrane with a ter- mination bar fastened at a maximum of 8” o.c. Apply detailing sealant/mastic along the top of the termination bar and covering fasteners as required by the manufacturer before covering. E. Allow for the installed membrane to be inspected prior to covering. Make repairs to tears, cuts, and inadequately lapped seams. Fishmouths must be slit and repaired with a patch extending a minimum of 6” in all directions. Edges of the patch must be sealed with the manufacturer’s liquid membrane. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 07 13 00 BELOW GRADE WATERPROOFING Page 6 of 6 F. Place rigid protection board over the newly installed waterproofing membrane and adhere with adhesive or detail tape. Fit insulation neatly without large voids between the insulation and mem- brane or gaps between insulation boards. Boards shall be neatly cut at corners and transitions to prevent voids/gaps and to provide proper fit. G. Where the top of the waterproofing membrane follows a changing grade, the waterproofing and protection board should be stepped downto remain below grade. H. Place backfill as soon as practical. Use care during backfill to avoid damage to the protection board and waterproofing system components. Backfill directly adjacent to the waterproofing may need to be performed using hand tools to prevent damage to the new installation. New grade may be mod- ified as part of other project modifications and to slope away from the wall. Coordinate with grading plans to confirm waterproofing system heights prior to installation. 3.3 FIELD QUALITY CONTROL A. Correct defects and irregularities as directed by Designer or Owner’s representative. B. Coordinate closely with the Designer to allow for inspections of the waterproofing membrane prior to covering with protection materials and backfill. C. Clean up all debris and remove it from the work areas. END OF SECTION 07 13 00 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 07 92 00 JOINT SEALANTS Page 1 of 5 SECTION 07 92 00 - JOINT SEALANTS PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Removal and replacement of existing joint sealants at interior masonry wall in the Recreation Center gymnasium. 2. Removal and replacement of sealant at the perimeter of existing louver(s)/penetrations at locations identified on the project drawings. 3. Installation of new joint sealant at vertical joints on sides of brick infill at the south elevation of the Recreation Center following removal of existing mortar. 4. Installation of new joint sealant at new cut control joints in the existing brick veneer at the south elevation of the Recreation Center. B. Related Sections: 1. Refer to additional specification sections regarding repairs to isolated brick/wall damages and isolated sealant replacement at locations identified in the drawings. 1.3 INFORMATIONAL SUBMITTALS A. Submit product data and SDS for each product listed in this specification section and others required by the sealant manufacturer for a complete installation of the work. B. Submit color samples for the replacement joint sealant to allow for selection of color by the Owner. Sealant color for applications will differ based on location/use. C. Submit manufacturer’s application manuals/instructions, which describe completely the preparation of surfaces and application of specified materials. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 07 92 00 JOINT SEALANTS Page 2 of 5 1.4 QUALITY ASSURANCE A. Qualifications of Manufacturer: Products used in this work shall be produced by manufacturers regularly engaged in the manufacture of similar items and with a history of successful production acceptable to the Designer. B. Installer shall be an experienced installer of the specified products. In acceptance or rejection of the work of this section, the Owner will make no allowance for lack of skill on the part of the workmen. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver sealant materials and accessories in manufacturer’s original protective containers with labels intact and legible. Comply with manufacturer’s published instructions for storage and handling. B. Store materials in dry protected areas, on clean, raised platforms with securely anchored weather protective coverings in accordance with Section 01600. C. Store flammable products away from sparks or open flames. D. Maintain temperature and humidity ranges required by the manufacturer for each product. 1.6 PROJECT CONDITIONS A. Proceed with work only when weather conditions comply with sealant manufacturer’s recommendations. Do not violate temperature limitations recommended by the manufacturer. 2.1 SEALANTS A. For sealants to be installed as a part of the waterproofing system and to be in contact with the waterproofing membrane, provide only sealant materials specifically required by the waterproofing manufacturer as specified in the applicable specification section. B. Masonry Joint Sealant: Shall be low modulus, non-staining two-part urethane and of gun-grade consistency. Sealant shall be easily workable and shall be capable of producing a smooth attractive finish. For joints in above-grade, exterior, horizontal and vertical surfaces, provide DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 07 92 00 JOINT SEALANTS Page 3 of 5 ASTM C 920, Type S or M, Grade NS, Class 25, Use NT. Sealant must be capable of handling a minimum of +/- 50% joint movement and shall have a chemical cure. Color shall be approved by Owner. Acceptable manufacturers/products shall be Dynatrol II, by Pecora Corporation; or Sikaflex 2c, by Sika Corporation, or approved equivalent. Make sure materials are compatible with substrates. C. Cleaner: Shall be xylol, toluene, or commercial solvent recommended by the sealant manufacturer. D. Primer: Primers for substrates shall be as provided by the sealant manufacturer. Primers must be provided and installed whether or not required by the manufacturer. If a sealant manufacturer directly recommends against use of a primer, notify the Designer to discuss. E. Backing Materials: Provide backing materials such as closed cell backer rod or bond break tape, as required for complete and proper installation of sealants. F. Protection Materials: Provide materials such as polyethylene sheeting, tape, and other accessories as required to protect the existing roof systems, windows, trim and other building features ]from damage or staining due to sealant installation. PART 3 EXECUTION 3.1 SURFACE EXAMINATION AND PREPARATION A. Examine area and condition under which work of this section will be performed. B. Correct conditions detrimental to the proper and timely completion of the work. Do not proceed until unsatisfactory conditions have been corrected. C. Locate joints to be prepared and confirm widths and lengths to ensure proper materials are on hand. D. Do not add liquids, solvents, or powders to the sealant. Mix multi-component elastomeric sealants in accordance with manufacturer’s instructions. E. Thoroughly remove all existing materials (sealants, backer rod, mortar, etc.) from the existing joint. Resulting joint shall be thoroughly cleaned to remove residue, and properly prepared to receive new materials. Use light mechanical means for cleaning if necessary to remove existing sealants, being careful not to cause damage to surrounding surfaces. F. All surfaces to be in contact with sealant shall be dry, sound, and well brushed and wiped free from dust. 3.2 INSTALLATION OF SEALANT DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 07 92 00 JOINT SEALANTS Page 4 of 5 A. Apply primer to joints in accordance with sealant manufacturer’s instructions. Tape joints to protect surrounding materials Do not apply primer to exposed finished wall surfaces. Primer application will be required whether or not required by the manufacturer. Primer use will only be waived if specifically recommended against, in writing, by the manufacturer. Apply primer in a thin, uniform film. Avoid build-up of film. B. Allow primer drying time prior to applying sealant. Sealant must be applied same day as primer. C. Masking: Thoroughly and completely mask all joints where the appearance of primer or sealant on adjacent surfaces would be objectionable. D. Apply sealant under pressure with hand or power-actuated gun or other appropriate means. Guns shall have nozzle of proper size and shall provide sufficient pressure to completely fill joints as designed. E. Install the sealant in strict accordance with the manufacturer's recommendations as approved by the Designer, thoroughly filling all joints to the recommended depth. F. Air voids shall not be present throughout the entire joint cross section. To ensure complete joint fill, tooling shall be performed within ten minutes of sealant application. Sealant shall be tooled with light pressure to spread the material against the joint surface and provide a profile to match. G. Sealant shall be dry tooled unless specifically approved otherwise by the manufacturer and the Designer. If the sealant manufacturer approves, the tool may be dampened with a sealant manufacturer approved reducer. Water or soapy water shall not be used on the tool. 3.3 FIELD QUALITY CONTROL A. The installer shall perform adhesion/cohesion testing on sample sealant joint locations once cured to ensure that cleaning, priming, and sealant installation was performed adequately. Adhesion/cohesion testing should be performed in the presence of the Designer or Owner’s representative. 3.4 CLEANING UP A. Remove masking tape immediately after joints have been tooled. B. Keep adjacent surfaces clean and free from sealant as the installation progresses. Use solvent or cleaning agent as recommended by the sealant manufacturer. C. Do not allow uncured sealants to contact surfaces adjacent to the joints, or any other non-joint surfaces. If uncured sealants are introduced to prohibited areas, sealant shall be removed as follows: 1. Non-porous Surfaces - Immediately remove all excess sealant adjacent to the joint and elsewhere by using an appropriate solvent or cleaner while sealant is still in uncured state. DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03 8/06/2020 07 92 00 JOINT SEALANTS Page 5 of 5 2. Porous Surfaces - Allow sealant to develop initial cure, then remove by abrasion or other mechanical means. Exercise extreme care to maintain the original surface texture without damage. END OF SECTION 07 92 00 DocuSign Envelope ID: 7D9ACD4F-8F6C-42B6-9ADB-C60032DB6D03