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HomeMy WebLinkAbout2024-195-E-Solid Waste-Moffat Pipe-Drainage Repairs DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA [Departmental Use Only] TITLE FY NORTH CAROLINA CONSTRUCTION AGREEMENT OVER$250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the IOth day of_April , 2024,by and between Moffat Pipe, 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"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the 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 TRC Egineers, Inc. (Sheet C1.0-05.0) dated 02/16/2024) b. Written specifications prepared by the Designer. c. Orange County Solid Waste Drainage Repairs proposal dated December, 2023 which fully describes the work to be performed, such work(hereinafter called the"Work"). Revised 01/24 1 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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 September 30, 2024. 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,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 Orange County policy is incorporated herein by reference and may be viewed at http://www.oran eg countync. og v/departments/purchasing_division/contracts.php). Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. Revised 01/24 2 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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 representative having the authority of the Project Manager and by such other representatives as the Designer may direct. k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor. Any Work in which untested materials are used without written approval or written permission of the Owner or Designer shall be removed and replaced at Contractor's expense. 1. 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 Three hundred forty one thousand nine hundred ninety-five Dollars ($341,995.00). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's Representative, generally the Designer if a Designer is retained on the Work, a Request for Payment for work done during the previous calendar month. (i) The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner's Representative at TRC Engineering and shall show substantially the value of work done during the previous calendar month. Revised 01/24 3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA (ii) The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%) (the "Retainage"). (1) Upon Owner's Representative's certification that fifty percent (50%) of the Work has been satisfactorily completed Retainage shall be reduced to two and one half percent(2'/2%). (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-(bl)(2)when the project is 50% complete. (iii) Final payment shall not be due to the Contractor until thirty (30) days after Final Completion of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate Affidavit, Indemnification, and Release as required in Section 5.4(e) of Exhibit 1 has been received and approved by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. (i) Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. (ii) This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the Work performed related to a Request for Payment, Owner shall have the authority to withhold payment of the disputed amount until parties resolve their dispute. Failure to pay the Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the Agreement. 6. NON—APPROPRIATION Revised 01/24 4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public funds are unavailable or not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability or non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. c. In the event of a change in the Owner's statutory authority, mandate or mandated functions,by state or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 7. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County Moffit Pipe, Inc. Attn: Robert Williams 701Finger Lakes Dr P.O. Box 8181 Wake Forest,NC 27587 Hillsborough,NC 27278 Attn: Jacob King 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 parry 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 Revised 01/24 5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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(Robert Williams) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. f. The Contractor shall not assign any portion of this Agreement 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] Revised 01/24 6 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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: DocuSigned by: DocuSigned by: CFO By 0637994B755E477 By B8458A7B36234DA... Bonnie Hammersley Jacob King, Chief Financial Officer Printed Name and Title Revised 01/24 7 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ORANGE COUNTY—INTERNAL USE ONLY Finance Information Vendor Name: Moffat Pipe,Inc. Vendor Contact Person: Jacob King Phone: 304-231-6698 Address: 701 Finger Lakes Dr. City Wake Forest State:NC Zip: 27587 Department: Solid Waste Managment Amount: $341,995.00 Purpose:Drainage Repairs Budget Code(s): 50351020-630003 &50353020-630003 Vendor#64870 Vendor Status with NCSOS:Active 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: 03/19/24); ❑Made or Administered by Signature Authority ® BOCC Express Delegation(Agenda Date: 03/19/24) 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;OR ❑ This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed.Description of the natur o f14C'ftKoncy condition that was addressed: 96�u WlluMS 3/31/2024 Department Director's Signature F62FEE74EA394FC... 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 ggandards, specifications,and requirements: Office of the Risk Management Officer M.t, sso, Jlt y,"""' Date:4/2/2024 Financial Services This instrument has been pre-audited in Tmaigaomquired by the Local Government Budget and Fiscal Control Act: aK,vy Lvl K,10sovt, 4/4/2024 Office of the Chief Financial Officer Date: aa€�r�raee7� Legal Services This agreement is approved as to 9? CPf�W sufficiency: ,bSt ' �t✓VVlln. Office of the County Attorney Date:4/7/2024 ffi 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: Revised 01/24 8 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA n n r r'qrr C A RO �FESS/0' ��''•� 2 ORANGE COUNTY SOLID WASTE SEAL - 028909 ,o'. ; ¢ S CLDRAINAGE REPAIRS P� r1111111����,, U 0 N0 HILLSBOROUGH , NORTH CAROLINA ~ v � _ CD � NM � v� w > 0cm w � � cm o � v E 7 U v ■ �4 ., F _ # � • PROJECT - + ,. LOCATION PROJECT fle LOCATION * , ' m dip, .. _ . r� 41hLar i + i _ V) _ f _ a w LL Rd w V WALNUT GROVE W& R CENTER VICINITY MAP EUBANKS ROAD LANDFILL FACILITY a NOT TO SCALE z FEBRUARY 16 , 2024 0 cn a RELEASED FOR CONSTRUCTION o J O Cn F__ z w Z U LU 0 z U) U w CC (D o w z o > a m 0 oC U O = REVISIONS Q M V N O N O N T N LL 3 Q w O U �I m 0 0 or a Z w DESIGNED BY: CTC M DRAWN BY: N AM Know what � Der. CHECKED BY: N CTC N O N SCALE: before ou dig.E1V ` One-Call CenterC DATE: FEBRURY 16, 2024 PROJECT NUMBER: w w 2200365 U O O cl . 0 T O D_ E DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA GENERAL NOTES EROSION CONTROL NOTES CONSTRUCTION SEQUENCE :''��Q`�of E A o�� 1. DIMENSIONS AND RADII ARE TO FACE OF CURB, WHERE APPLICABLE, UNLESS OTHERWISE INDICATED. ;=O,QP 2. DIMENSIONS AT BUILDING ARE TO OUTSIDE FACE, UNLESS OTHERWISE INDICATED. 1. THE CONTRACTOR SHALL INSTALL ALL EROSION AND SEDIMENT CONTROL DEVICES AS REQUIRED DURING CONSTRUCTION IN 1. INSTALL PERIMETER E&S AND TRAFFIC CONTROL FEATURES AS NECESSARY. 3. THE CONTRACTOR SHALL SECURE ALL NECESSARY PERMITS FOR THIS PROJECT FROM THE LOCAL AND STATE AGENCIES. _ SEAL ACCORDANCE WITH THE CURRENT EDITION OF THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL MANUAL. ALL DEVICES 2. EUBANKS: INSTALL PERIMETER DIVERSION BERM AND SLOPE DRAINS 4. ANY PERMITS WHICH MUST BE OBTAINED SHALL BE THE CONTRACTOR'S RESPONSIBILITY AND AT HIS EXPENSE. THE = 028909 = REFERRED TO IN THESE PLANS CAN BE FOUND IN THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL MANUAL. 3. WALNUT GROVE: INSTALL SUBSURFACE DRAINAGE AND STORMWATER INFRASTRUCTURE. CONTRACTOR SHALL BE RESPONSIBLE FOR ABIDING BY ALL CONDITIONS AND REQUIREMENTS OF THE PERMITS. ' 2. ALL DISTURBED AREAS SHALL BE PERMANENTLY SEEDED AND MULCHED PER THE NPDES SCHEDULE AFTER REACHING FINAL 4. WALNUT GROVE: INSTALL CONCRETE PAD(S)AND CONCRETE STAIRS 5. ALL PAVING MATERIALS AND DRAINAGE STRUCTURES SHALL BE BUILT AND INSTALLED IN ACCORDANCE WITH NORTH CAROLINA ,FN GRADE. AREAS WHICH HAVE BEEN DISTURBED AND HAVE NOT REACHED FINAL GRADE, BUT WHICH ARE TO REMAIN 5. BOTH SITES: EXCAVATE EXISTING GRAVEL/SOIL PAVEMENT AREAS AS NECESSARY DEPARTMENT OF TRANSPORTATION STANDARDS AND SPECIFICATIONS. -.,��,9� ,. �0���• UNDISTURBED FOR LONGER THAN 14 DAYS ARE TO BE TEMPORARILY SEEDED AND MULCHED PER THE NPDES SCHEDULE. AS 6. INSTALL NEW GRAVEL PAVEMENT S CL P� 6. THE LOCATION OF EXISTING SEWER, WATER OR GAS LINES, CONDUITS OR OTHER STRUCTURES ACROSS, UNDERNEATH, OR ������„� UPSTREAM AREAS ARE STABILIZED WITH PERMANENT GROUND COVER, DOWNSTREAM TEMPORARY DEVICES ARE TO BE 7. STABLIZE SITE WITH SEEDING/MULCHING AND OTHER MEANS AS NECESSARY. OTHERWISE ALONG THE LINE OF PROPOSED WORK ARE NOT NECESSARILY SHOWN ON THE PLANS, AND IF SHOWN ARE ONLY REMOVED. CONTRACTOR SHALL FOLLOW THE STABILIZATION TIME TABLE INCLUDED IN THIS SET OF DRAWINGS. APPROXIMATE. CONTRACTOR SHALL VERIFY LOCATION AND ELEVATION OF ALL UNDERGROUND UTILITIES SHOWN ON THE PLANS 3. THE CONTRACTOR SHALL INSTALL AND MAINTAIN MEASURES AS NECESSARY TO PREVENT SEDIMENT LEAVING THE PERMITTED IN AREAS OF CONSTRUCTION PRIOR TO STARTING WORK. CONTACT ENGINEER IMMEDIATELY IF LOCATION OR ELEVATION IS WORK AREA AT ALL TIMES. DIFFERENT FROM THAT SHOWN ON THE PLANS, IF THERE APPEARS TO BE A CONFLICT, OR UPON DISCOVERY OF ANY UTILITY 4. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERIODICALLY INSPECT ALL SEDIMENT AND EROSION CONTROL DEVICES AND NOT SHOWN ON THE PLANS. FOR ASSISTANCE IN LOCATING EXISTING UTILITIES CALL "NC ONE CALL", DIAL 811. Z o ENSURE THAT THEY ARE IN GOOD WORKING ORDER. AT A MINIMUM, ALL DEVICES SHALL BE INSPECTED WEEKLY AND AFTER 7. ALL WATER AND SEWER CONSTRUCTION AND MATERIALS SHALL CONFORM WITH THE LATEST STANDARDS AND SPECIFICATIONSQD ~ o MAJOR RAINFALL EVENTS GREATER THAN 1 INCH. ANY DEVICE NEEDING REPAIRS SHALL BE REPAIRED WITHIN 24 HOURS. OF THE TOWN OF SANFORD DEPARTMENT OF PUBLIC UTILITIES. o m TWELVE MONTHS OF COMPLETE INSPECTION FORMS SHALL BE KEPT ON-SITE AND AVAILABLE FOR INSPECTION AT ALL TIMES. IT 8. WHERE PAVEMENT IS BEING REMOVED, THE CONTRACTOR SHALL REMOVE AGGREGATE BASE MATERIAL TO SUB-GRADE. r, Ln o IS RECOMMENDED A COPY BE KEPT IN PERMITS BOX. 9. DAMAGE TO UTILITIES (INCLUDING UNDERGROUND) OR PROPERTY OF OTHERS BY CONTRACTOR DURING CONSTRUCTION SHALL w cu 5. THE CONTRACTOR SHALL INSTALL ADDITIONAL EROSION AND SEDIMENT CONTROL DEVICES IF DURING THE COURSE OF BE REPAIRED TO PRE-CONSTRUCTION CONDITIONS BY CONTRACTOR AT NO COST TO OWNER. w Q) CONSTRUCTION THE ENGINEER OR NC DEQ INSPECTOR DETERMINES THAT THEY ARE REQUIRED. 10. EXISTING PAVEMENT AND OTHER SURFACES DISTURBED BY CONTRACTOR (WHICH ARE NOT TO BE REMOVED) SHALL BELn Z0 -1 6. SILT SHALL BE REMOVED FROM SILT FENCES WHEN THE SILT REACHES APPROXIMATELY ONE-THIRD THE HEIGHT OF THE REPAIRED TO LIKE-NEW CONDITION. E BARRIER. 11. THE CONTRACTOR IS REQUIRED TO MAINTAIN ALL DITCHES, PIPES, AND OTHER DRAINAGE STRUCTURES FREE FROM " 7. THE CONTRACTOR SHALL PERIODICALLY TOP DRESS THE CONSTRUCTION ENTRANCE WITH CLEAN STONE. IF THE OBSTRUCTION UNTIL WORK IS ACCEPTED BY THE OWNER. THE CONTRACTOR IS RESPONSIBLE FOR ANY DAMAGES CAUSED BY w -z CONSTRUCTION ENTRANCE FAILS TO REMOVE DIRT FROM THE TIRES OF VEHICLES ENTERING A PUBLIC RIGHT-OF-WAY A WASH FAILURE TO MAINTAIN DRAINAGE STRUCTURES IN OPERABLE CONDITION. u RACK SHALL BE INSTALLED AND THE TIRES WASHED. THE CONTRACTOR SHALL BE REQUIRED TO PROVIDE ANY REQUIRED 12. THE OWNER SHALL HAVE A SET OF APPROVED PLANS AVAILABLE AT THE SITE AT ALL TIMES WHEN WORK IS BEING PERFORMED. WATER FOR THE WASHING OF TIRES. DIRT TRACKED ONTO THE PUBLIC RIGHT-OF-WAY SHALL BE REMOVED IMMEDIATELY BY THE A DESIGNATED RESPONSIBLE EMPLOYEE SHALL BE AVAILABLE FOR CONTACT BY INSPECTORS. [� CONTRACTOR. 13. PARKING SPACES SHALL BE DELINEATED BY FOUR INCH WIDE WHITE TRAFFIC PAINT. 8. ALL EROSION AND SILTATION MEASURES ARE TO BE PLACED PRIOR TO OR AS THE FIRST STEP IN GRADING. 14. LANDSCAPING AND SITE IMPROVEMENTS WILL BE INSTALLED AND MAINTAINED SO AS NOT TO INTERFERE WITH SIGHT DISTANCE 9. ALL STORM AND SANITARY SEWER LINES NOT IN STREETS ARE TO BE MULCHED AND SEEDED PER THE NPDES SCHEDULE AFTER NEEDS OF DRIVERS WITHIN THE PARKING AREA AND AT ENTRANCE/EXIT LOCATIONS. BACKFILL. NO MORE THAN FIVE HUNDRED FEET OF TRENCH IS TO BE OPEN AT ONE TIME. 15. THE CONTRACTOR SHALL NOTIFY THE ALL APPLICABLE REGULATORY AGENCIES AND THE ENGINEER AT LEAST 24 HOURS PRIOR 10. ALL TEMPORARY EARTH BERMS, DIVERSIONS, AND SILT DAMS ARE TO BE MULCHED AND SEEDED FOR VEGETATIVE COVER TO STARTING WORK ON THIS PROJECT. IMMEDIATELY AFTER GRADING. STRAW OR HAY MULCH IS REQUIRED. THE SAME APPLIES TO STOCKPILES ON SITE AS WELL AS 16. ALL EXCAVATION FOR UNDERGROUND PIPE INSTALLATION MUST COMPLY WITH OSHA STANDARDS FOR THE CONSTRUCTION SOIL (INTENTIONALLY) TRANSPORTED FROM THE PROJECT SITE. INDUSTRY (29 CFR PART 1926). 11. ELECTRIC POWER, TELEPHONE, GAS SUPPLY, AND OTHER UTILITY TRENCHES ARE TO BE COMPACTED, SEEDED AND MULCHED 17. VERIFY THE PROPOSED LAYOUT WITH ITS RELATIONSHIP TO THE EXISTING SITE SURVEY. ALSO VERIFY ALL DIMENSIONS, SITE IMMEDIATELY AFTER BACKFILL. CONDITIONS, AND MATERIAL SPECIFICATIONS AND NOTIFY THE OWNER AND ENGINEER OF ANY ERRORS, OMISSIONS, OR 12. DURING CONSTRUCTION, ALL STORM SEWER INLETS SHALL BE PROTECTED BY INLET PROTECTION PRACTICES, MAINTAINED AND DISCREPANCIES BEFORE COMMENCING OR PROCEEDING WITH WORK. MODIFIED AS REQUIRED BY CONSTRUCTION PROGRESS. 18. DEVIATIONS FROM, OR CHANGES TO THESE PLANS WILL NOT BE ALLOWED. 13. ANY DISTURBED AREA NOT PAVED, SODDED, OR BUILT UPON, IS TO BE SEEDED PER THE TEMPORARY AND PERMANENT SEEDING 19. MAKE EXPLORATORY EXCAVATIONS AND LOCATE EXISTING UTILITIES SUFFICIENTLY AHEAD OF CONSTRUCTION TO PERMIT SCHEDULE INCLUDED IN THESE DRAWINGS. MODIFY AS APPLICABLE DEPENDING ON PROPOSED TIME OF CONSTRUCTION. REVISIONS TO THE PLANS IF NECESSARY. THE EXISTENCE AND/OR LOCATION OF UTILITIES SHOWN ON THESE PLANS MAY BE 14. ALL DISTURBED GRASSES SHOULD BE SEEDED WITH COMMON BERMUDA OVERSEEDED WITH ANNUAL RYE. ONLY APPROXIMATELY CORRECT. TAKE PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES SHOWN HEREON AND ANY 15. CONTRACTOR STAGING AREA(S) SHALL BE RETURNED TO BETTER THAN ORIGINAL CONDITIONS AT THE COMPLETION OF THE OTHER EXISTING UTILITIES NOT OF RECORD OR NOT SHOWN ON THESE PLANS. REPAIR AT YOUR OWN EXPENSE, ANY EXISTING WORK. UTILITIES DAMAGED DURING CONSTRUCTION. IF A UTILITY IS DAMAGED DURING CONSTRUCTION, STOP WORK IMMEDIATELY AND 16. THE CONTRACTOR IS RESPONSIBLE FOR INSPECTING AND MAINTAINING ALL EROSION CONTROL MEASURES. ALL DISTURBED NOTIFY THE ENGINEER. AREAS ARE TO DRAIN TO APPROVED SEDIMENT CONTROL MEASURES AT ALL TIMES DURING LAND DISTURBING ACTIVITIES AND DURING SITE DEVELOPMENT UNTIL FINAL STABILIZATION IS ACHIEVED. 00s.6' 17. A PRE-CONSTRUCTION MEETING IS REQUIRED PRIOR TO ISSUANCE OF A LAND DISTURBANCE PERMIT. THE CONTRACTOR SHALL GENERAL UTILITY NOTES SCHEDULE THE MEETING WITH THE NC STATE INSPECTOR ASSIGNED TO THE PROJECT. 18. ALL VEGETATIVE AND STRUCTURAL EROSION AND SEDIMENT CONTROL PRACTICES WILL BE CONSTRUCTED AND MAINTAINED 1. FIRE HYDRANT VALVE AND ALL VALVE BOXES SHALL HAVE CONCRETE DONUT INSTALLED AT GRADE. ACCORDING TO MINIMUM STANDARDS AND SPECIFICATIONS OF THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL 2. THE ENGINEER MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE MANUAL AND THE NORTH CAROLINA SEDIMENTATION POLLUTION CONTROL ACT OF 1973. AREA; EITHER IN SERVICE OR ABANDONED. THE ENGINEER FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES 19. AS A CONDITION OF NPDES PERMIT NO. NCG 010000, PERMANENT GROUNDCOVER SHOULD BE PROVIDED FOR ALL DISTURBED ARE IN THE EXACT LOCATION AS INDICATED. ALTHOUGH, HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS AREAS WITHIN 14 CALENDAR DAYS OF TEMPORARILY OR PERMANENTLY SUSPENDING THE LAND DISTURBING ACTIVITY. POSSIBLE FROM THE INFORMATION AVAILABLE. 3. THE CONTRACTOR SHALL VISIT THE SITE PRIOR TO CONSTRUCTION SO THAT CONTRACTOR IS FAMILIAR AND UNDERSTANDS EXISTING CONDITIONS. EROSION CONTROL NARRATIVE 4. FIELD CHANGES MAY BE NECESSARY DUE TO EXISTING UTILITY LOCATIONS. THE ENGINEER SHALL BE CONTACTED BEFORE Ir MAKING THESE CHANGES. 5. WATER LINE TO BE INSTALLED A MINIMUM OF 3 FEET BELOW GRADE. Q 6. WATER MAINS SHALL BE LAID AT LEAST 10 FEET LATERALLY FROM EXISTING OR PROPOSED SEWERS UNLESS LOCAL 0- PROJECT DESCRIPTION CONDITIONS OR BARRIERS PREVENT A 10-FOOT LATERAL SEPARATION, IN WHICH CASE A VERTICAL SEPARATION OF AT LEAST w CONSTRUCTION OF A SELF STORAGE FACILITY AND ASSOCIATED INFRASTRUCTURE. 18" SHALL BE MAINTAINED BY EITHER LAYING THE WATER MAIN IN A SEPARATE TRENCH WITH THE BOTTOM AT LEAST 18"ABOVE THE SEWER OR LAYING THE WATER MAIN ON A BENCH IN THE SAME TRENCH AT LEAST 18" ABOVE THE SEWER. EXISTING CONDITIONS GENERAL CONSTRUCTION AND GEOTECHNICAL NOTES 7. WHERE A WATER MAIN CROSSES OVER A SEWER, MAINTAIN AT LEAST 18" VERTICAL SEPARATION BETWEEN THE PIPES. IF AN 18" LLJ THE EXISTING SITE IS MAINLY WOODED WITH A GAS MAIN RUNNING ALONG THE EASTERN EDGE. DRAINAGE FLOWS TO THE VERTICAL SEPARATION IS NOT POSSIBLE, BOTH THE WATER MAIN AND SEWER SHALL BE CONSTRUCTED OF FERROUS G SOUTHEASTERN CORNER.. ENGINEERED FILL MATERIALS (DIP)AND WITH JOINTS THAT ARE EQUIVALENT TO WATER MAIN STANDARDS FOR A DISTANCE OF 10 FT ON EACH SIDE OF THE POINT OF CROSSING. Q DEVELOPMENT IMPACTS 1. ALL CONTROLLED FILL ZONES ARE TO BE MONITORED BY A FULL TIME GEOTECHNICAL ENGINEERING SERVICES FIRM. 8. WHERE A WATER MAIN CROSSES UNDER A SEWER, MAINTAIN AT LEAST 18" VERTICAL SEPARATION BETWEEN THE PIPES. BOTH z THE DEVELOPMENT IMPACTS TO THE TOPOGRAPHY WILL BE MINIMAL. 2. ENGINEERED FILLS SHALL BE PROPERLY PLACED ACCORDING TO THE RECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER. THE WATER MAIN AND SEWER SHALL BE CONSTRUCTED OF FERROUS MATERIALS (DIP)AND WITH JOINTS THAT ARE 3. ALL SUMMARY REPORTS FROM THE GEOTECHNICAL ENGINEER REPRESENTING THE PROJECT MUST STATE HIS PROFESSIONAL EQUIVALENT TO WATER MAIN STANDARDS FOR A DISTANCE OF 10 FT ON EACH SIDE OF THE POINT OF CROSSING. A SECTION OF SOILS OPINION ON THE SATISFACTORILY COMPLETED PHASES OF CONSTRUCTION SUCH AS; SLOPE CUTS, SUBDRAINAGE SYSTEMS, WATER PIPE SHALL BE CENTERED AT THE POINT OF CROSSING. THE SITE IS HYDROLOGIC SOIL GROUP D. PREPARATION OF SUBGRADES AND COMPACTION OF EARTH FILLS. 0 CRITICAL EROSION AREAS 4. NO FILLS SHALL HAVE ZONES THAT EXCEED TWO (2) FEET IN ELEVATION WITHOUT CONDUCTING COMPACTION TEST AND w 1. CARE MUST BETAKEN TO PREVENT SEDIMENT FROM BEING TRACKED ONTO ADJACENT ROADWAYS. OBTAINING RESULTS OF 95% OR GREATER. PERMANENT SEEDING SCHEDULE FOR GRASS-LINED CHANNELS 5. THE GEOTECHNICAL ENGINEER MUST SUBMIT A DETAILED ANALYSIS, ITEMIZING THE FIELD DENSITY TEST RESULTS. THIS PERMANENT SEEDING SCHEDULE FOR AREAS OTHER THAN 2. CARE MUST BE TAKEN TO PREVENT SEDIMENT EXITING THE PROJECT SITE AREA. REPORT SHALL BE ACCOMPANIED WITH A COPY OF THE SITE PLAN SHEET AND INDICATE THE TEST LOCATIONS AND ELEVATIONS. CHANNELS DATES SPECIES RATE (LB/ACRE) 3. CARE MUST BETAKEN TO PREVENT SEDIMENT FROM ENTERING ANY STREAM, DITCH, OR DRAINAGE WAY ON OR ADJACENT TO THE REPORT SHALL AL ENGINEER MUST PROVIDE ENOUGH DESIGNATED TESTING IN ALL FILL ZONES TO ADEQUATELY EXAMINE *THIS PLANTING SCHEDULE IS ONLY FOR AREAS NOT DETAILED ON BEST Q THE SITE. AND CERTIFY THE INTEGRITY OF THE FILL. PLANTING PLAN -SEE PLANTING PLAN FOR SEEDING DETAIL AND GROUND AUG 15-OCT 31 TALL FESCUE 200 6. THE GEOTECHNICAL ENGINEER MUST SUBMIT A CERTIFIED BUILDING PAD REPORT FOR EACH FILL PAD LOCATION. THIS REPORT COVER. POSSIBLE 30, STOCKPILING SHALL PROFILE THE FILL MATERIAL PLACEMENT AND PROVIDE THE COMPACTION TEST RESULTS. ALL REPORTS WILL BE FEB 1 -APR 15 SOME TOPSOIL STOCKPILING IS ANTICIPATED ON-SITE. SPECIES RATE (LB/ACRE) 0 ACCOMPANIED BY THE SITE PLAN, INDICATING THE TEST LOCATIONS AND ELEVATIONS. 3:1 AND STEEPER SLOPES SLOPES NURSE PLANTS J STRUCTURAL PRACTICES 7. NO BUILDING PADS IN FILL ZONES WILL HAVE STRATUMS EXCEEDING TWO (2) FEET IN ELEVATION WITHOUT TEST VERIFYING FLATTER THAN 3:1 PRIOR TO MAY 1 OR AFTER AUG 15, ADD 40 LB/ACRE RYE (GRAIN). O CONSTRUCTION ENTRANCE DENSITY. TALL FESCUE 100 80 SILT FENCE 8. THESE GEOTECHNICAL NOTES SHALL IN NO WAY LESSEN THE REQUIREMENTS OF THE SUBMITTED SOILS REPORT. PARTRIDGE PEA 10 10 SOIL AMENDMENTS U) PENSACOLA BAHIAGRASS 25 NONE FOLLOW RECOMMENDATIONS OF SOIL TESTS OR APPLY 4,000 LB/ACRE GROUND SEDIMENT BASIN ROAD SUBGRADE AGRICULTURAL LIMESTONE AND 1000 LB/ACRE 10-10-10 FERTILIZER. OPERATE TILLAGE TEMPORARY DIVERSION DITCH AFTER AUGUST 15 USE UNSCARIFIED SERICEA SEED. EQUIPMENT ACROSS THE WATERWAY.ALL BARE AREAS BETWEEN DIVERSIONS AND INLET PROTECTION 1. INSPECTION AND APPROVAL OF THE SUBGRADE WILL BE REQUIRED PRIOR TO THE PLACEMENT OF THE APPROVED PAVEMENT PERIMETER MEASURES SHALL BE SEEDED, MULCHED, AND TACKED TO PREVENT w � OUTLET PROTECTION SECTION MATERIAL. NURSE PLANTS EROSION. TACK RATE SHALL BE 400 GALLONS PER ACRE OF ASPHALT TACKIFIER z PRIOR TO MAY 1 OR AFTER AUG 15,ADD 40 LB/ACRE RYE (GRAIN). MULCH VEGETATIVE PRACTICES 2. ANY CLAY DEPOSITS IN THE TOP TWO FEET OF THE SUBGRADE MUST BE REMOVED OR ADDRESSED AS RECOMMENDED BY THE USE A ROLLED EROSION CONTROL PRODUCT TO COVER THE BOTTOM OF CHANNELS O 0 U GEOTECHNICAL ENGINEER. SEEDING DATES AND DITCHES AND STAPLE SECURELY. THE LINING SHOULD EXTEND ABOVE THE z TOPSOILING Z TEMPORARY SEEDING 3. SUBGRADE APPROVAL SHALL BE ACCOMPANIED BY THE SUPPORTING DOCUMENTATION VERIFYING DENSITY TEST RESULTS OF BEST POSSIBLE HIGHEST CALCULATED DEPTH OF FLOW. U = PERMANENT SEEDING 95% OR GREATER. FALL: AUG 25-SEP 15 AUG 20-OCT 25 MAINTENANCE J 4. THE ENTIRE SUBGRADE WILL HAVE BEEN PROOFROLLED IN THE PRESENCE OF THE SITE INSPECTOR AND GEOTECHNICAL LATE WINTER: FEB 15- MAR 21 FEB 1 -APR 15 INSPECT AND REPAIR MULCH FREQUENTLY. REFERTILIZE IN LATE WINTER OF THE Q w MULCHING REPRESENTATIVE. PROOFROLLING SHALL BE A RUBBER TIRE VEHICLE SUCH AS A LOADED TEN (10) TON TRUCK OF APPROVED FOLLOWING YEAR. FOLLOW RECOMMENDATIONS OF SOIL TESTS OR USE 150 LB/ACRE COMPACTION EQUIPMENT. FALL IS BEST FOR TALL FESCUE AND LATE WINTER FOR PATRIDGE PEA. OF 10-10-10. MOW REGULARLY TO A HEIGHT OF 2-4 INCHES. 12L `J(I� 0 MANAGEMENT STRATEGIES 5. THE FINAL SUBGRADE SHALL BE APPROVED BY THE GEOTECHNICAL ENGINEER AND SITE INSPECTOR BEFORE PLACEMENT OF OVERSEEDING OF PARTRIDGE PEA OVER FALL-SEEDED TALL FESCUE IS w Z Ir 1. CONSTRUCTION WILL BE SEQUENCED SO THAT GRADING OPERATIONS CAN BEGIN AND END AS QUICKLY AS POSSIBLE. PAVEMENT SECTION MATERIALS. VERY EFFECTIVE. Z Q m 2. SEDIMENT TRAPPING MEASURES WILL BE INSTALLED AS A FIRST STEP IN GRADING. 3. THE JOB SUPERINTENDENT SHALL BE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF ALL EROSION AND SEDIMENT SOIL AMENDMENTS SPECIFICATIONS W cr J CONTROL PRACTICES. FOLLOW RECOMMENDATIONS OF SOIL TESTS OR APPLY 4,000 LB/ACRE GROUND AGRICULTURAL LIMESTONE AND 1000 LB/ACRE 10-10-10 1. PLOW COMPACTED AREAS 6 INCHES DEEP. v rt O = 4. AFTER ACHIEVING ADEQUATE STABILIZATION AND UPON APPROVAL OF DEQ EROSION CONTROL INSPECTOR, THE TEMPORARY 2. APPLY TOPSOIL IF AVAILABLE. E&S CONTROLS WILL BE CLEANED UP AND REMOVED. NEW STABILIZATION TIMEFRAMES FERTILIZER. 3. APPLY LIME AND FERTILIZER UNIFORMLY AND INCORPORATE INTO THE TOP 4-6 REVISIONS (EFFECTIVE AUG.3,2011) MULCH INCHES OF SOIL. IF A HYDRAULIC SEEDER IS USED, DO NOT MIX SEED AND FERTILIZER PERMANENT STABILIZATION APPLY 4,000-5,000 LB/ACRE GRAIN STRAW. ANCHOR BY TACKING WITH MORE THAN 30 MINUTES BEFORE APPLICATION. THE DISTURBED AREAS WILL BE PERMANENTLY STABILIZED THROUGH THE USE OF IMPERVIOUS SURFACES AND PERMANENT ASPHALT. ON SLOPE 3:1 OR STEEPER ANCHOR STRAW WITH NETTING. 4. UNLESS HYDROSEEDING IS USED, BREAK UP LARGE CLODS. IF SURFACE IS SEALED, M SEEDING. LOOSEN IT IMMEDIATELY BEFORE SEEDING BY RAKING, DISKING, HARROWING OR SITE AREA DESCRIPTION STABILIZATION TIMEFRAME EXCEPTIONS MAINTENANCE OTHER SUITABLE METHODS. GROOVE OR FURROW SLOPES STEEPER THAN 3:1 ON N MANAGEMENT STRATEGIES REFERTILIZE IN THE SECOND YEAR UNLESS GROWTH IS FULLY THE CONTOUR BEFORE SEEDING. N 1. THE SILT FENCE BARRIER WILL BE CHECKED REGULARLY FOR UNDERMINING OR DETERIORATION OF THE FABRIC. SEDIMENT ADEQUATE. MAY BE MOWED ONCE OR TWICE A YEAR, BUT MOWING IS 5. EVENLY APPLY SEED USING A CYCLONE SEEDER(BROADCAST), DRILL, CULTIPACKER SHALL BE REMOVED WHEN THE LEVEL OF SEDIMENT DEPOSITION REACHES 1/3 THE WAY TO THE TOP OF THE BARRIER. PERIMETER DIKES, SWALES, DITCHES, SLOPES 7 DAYS NONE NOT NECESSARY. REFERTILIZE, RESEED AND MULCH DAMAGED AREAS SEEDER OR HYDROSEEDER. SMALL GRAINS SHOULD BE PLANTED NO MORE THAN IMMEDIATELY. ONE INCH DEEP, GRASSES AND LEGUMES NO MORE THAN 1/2 INCH. 2. THE SEDIMENT TRAP AND BASIN SHALL BE INSPECTED AFTER EACH RAIN AND REPAIRS MADE AS NEEDED. SEDIMENT SHALL BE 6. BROADCAST SEED MUST BE COVERED BY RAKING OR CHAIN DRAGGING AND THEN REMOVED AND THE TRAP RESTORED TO ITS ORIGINAL DIMENSIONS WHEN THE SEDIMENT HAS ACCUMULATED TO ONE HALF THE LIGHTLY FIRMED WITH A ROLLER OR CULTIPAKER. HYDROSEEDED MIXTURES SHOULD > DESIGN WILL NOT EPTH ERODE 7.F THE TRAP. REMOVED SEDIMENT SHALL BE DEPOSITED IN A SUITABLE AREA AND IN SUCH A MANNER THAT IT HIGH QUALITY WATER (HQW) ZONES 7 DAYS NONE PS PERMANENT SEEDING INCLUDE A WOOD FIBER (CELLULOSE) MULCH. IN AREAS NOT HYDROSEEDED, MULCH WITH GRAIN STRAW. SEE SEEDING 0 SCHEDULES. N N U - \ - w DESIGNED BY: SLOPES STEEPER THAN 3:1 7 DAYS IF SLOPES ARE 10'OR LESS IN LENGTH AND ARE CTC NOT STEEPER THAN 2:1, 14 DAYS ARE ALLOWED. a N N DRAWN BY: o AM CHECKED BY: SLOPES 3:1 OR FLATTER 14 DAYS 7 DAYS FOR SLOPES GREATER THAN 51N LENGTH. o CTC SCALE: a o DOZER TREADS CREATE l ",'@d - / DATE: GROOVES PERPENDICULAR ALL OTHER AREA WITH 14 DAYS NONE, EXCEPT FOR PERIMETERS To THE SLOPE. i FEBRURY 16, 2024 0 SLOPES FLATTER THAN 4:1 AND HQW ZONES. PROJECT NUMBER: w 2200365 o TRA CKING o C2 . 0 o E SURFACE PREPARATION FOR SEEDING DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ■ `,,,` unnnpgr r rrr �N- A ROB '- SEAL - i ;0�, 028909 _ Q C Lmr P EPIC i U Z o 0 ■ v lD r� O rn N u1 v� o > 0? L Q�OC� �C w o0 *K x 695.4545 Z o C� G P S �, r E � V LL �.... Z Z V M Z GRAVEL PAVE REPAIR LLJ (SEE TYP. DETAIL) GRAPHIC SCALE • � O<�� 20 0 10 20 40 80 f \ ( IN FEET) 1 inch = 20 ft. CLEANOUTS \ NOTES: 1. NEW SIDEWALK AND LANDING AT 2% MAX CONTRACTOR TO FINE GRADE { I SURROUNDING AREA SO GRADE IS FLUSH WITH TOP OF SIDEWALK. C 4" PERFORATED PVC ERDRAIN @ 0.1% (SE 1 (SEE DETAIL) O O O � I9 ® 6116 WELL/FAKE ROCK I O 0.75' e I _ Wall wit : C 7/ Handrail O • EXISTING CONCRETE o m • PAVEMENT Cl) 51 >� m NEW DI 691 _ - RIM: 687.0 INV: 684.95 �■■i EXISTING CONCRETE � / - � \ RETAINING WALL SLOPE NEW PAD TO DROP Ir INLET AS LOW POINT w m _ NEW 5' WIDE CONCRETE '' z " SMOOTH SIDEWALK AND LANDING CP 100 LF 12 NEW CONCRETE STAIRS AND / w LINED HDPE @ • RAILING 0.5% NEW JUNCTION Q NEW 20X40 CONCRETE PAD. ABUT SOUTHERN �\ _ RIM: 686.1 EDGE TO TOE OF SLOPE. DOWEL TO i INV: 684.45 w _ - EXISTING SLAB WITH 12"#4 REBAR EVERY 2'. � ` w w \ F__ W \6�qa, / \\ \\\ / 55 Q w \ Do Not �\ `� � / --55� � - 1 / Enter Sign �\ —SS SS A _ • Light Pole with 35/ 1 TON CLASS A RIPRAP J Cameras �\ / - OUTLET PROTECTION 06 0 ON GEOTEXTILE - FIT TO SHAPE OF DITCH ui T PATCH ROAD CUT WITH 8" / / z COMPACTED ABC STONE 55 /* X X INV OUT O 0 U ■ ON GEOTEXTILE 684.0 O 10'WIDE MIN / 'R Z 7 90 LF 12" SMOOTH v / APPROXIMATE LOCATION OF 2" PVC LINED HDPE @ w0.5% ' � /`J� � SEPTIC FORCE MAIN AND UNDERGROUND 0 _ ELECTRIC. CONTRACTOR TO LOCATE Z Z Iz PRIOR TO NEW STORM PIPE INSTALL AND J Q 0 VERIFY FOR NO CONFLICT. - 120 Cl) ri REVISIONS Tr 6 ■ a M ■ N O N O N T `m m LL 3 x 688.6620 GPS AbN Q U 5 w DESIGNED BY: M CTC DRAWN BY: N 0 AM M S CHECKED BY: N N CTC SCALE: 1" 20' DATE: E FEBRURY 16, 2024 U PROJECT NUMBER: w 2200365 w - N U O O 0 C3 . 0 a E m DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ,•�N -CA A o o A o� �c� c.�pQ��0F A A _• 0 0 0 0 0 SEAL o (�D (�D o 0 0 0 0 0 0 = 028909 3 d o 0 0 0 0 o cC 3do(MIN.) I N d ��-�, -�, -, PIPE OUTLET TO FLAT AREA WITH PIPE OUTLET �;SCL o " NO DEFINED CHANNEL do 0 0 0 0 0 PLAN VIEW DE WELL 8" COMPACTED PLAN VIEW �� � DEFINED CHANNEL ABC STONE L a L a o 0% SLOPE 0% SLOPE Z oN o o NC DOT#57 STONE v o d d O O O o W o0 FILTER CLOTH SECTION A-A FILTER CLOTH w W SECTION A-A ° L KEY IN 6"-9"; RECOMMENDED KEY IN 6"-9"; RECOMMENDED o 0 0 0 J FOR ENTIRE PERIMETER FOR ENTIRE PERIMETER N � zv 8 OZ NON-WOVEN o o o w ra It u NOTES: GEOTEXTILE 1. APRON LINING MAY BE RIPRAP, GROUTED RIPRAP, GABION BASKET, OR CONCRETE. o 0 0 OP OUTLET PROTECTION DETAIL 2. La IS THE LENGTH OF THE RIPRAP APRON AS SHOWN ON TABLE NOT TO SCALE 3. d = 1.5 TIMES THE MAXIMUM STONE DIAMETER, BUT NOT LESS THAN 6 INCHES. 4. CLASS B RIP RAP 0 0 4" PERFORATED PVC CAP @ 0.1% (SDR 35) PERFORATIONS MAY BE: fle -6 ROWS, .02"TO .04"ALTERNATING SLOTS, 5" LONG, 5"APART, OR -3 ROWS OF 1/2" HOLES 5 INCHES APART #4 ® 12" EW, TYP. 3/4°° FLEXIBLE UNDERDRAIN DETAIL JOINT FILLER, ALUMINUM HANDRAIL, NOT TO SCALE EQUAL TREADS — SEE STAIR DETAIL TYP. SEE NOTE 6 SEE DETAIL THIS SHEET 000NCRETE CURB 6" SEE DETAIL 2/SHT. 1 3" METAL 6„ NOSING, TYP. • E QU7 L R I S E RISER 1,> TREAD)E A D STAIRS \%/ �/��// / %��/��//� /uz- r^ #57 STONE, 6" THICK 8„ • 8" 2" CLEARANCE NCDOT ABC STONE/° 8„ L (98 COMPACTION) #4 @ 12'$ EW ° ' 6" TYP. ABOVE TOP OF STEP/LANDING NCDOT#2 STONE 6" Lu 2-0 TOP & BOTTOM ° ° v W/ #3 STIRRUPS @ 10" D o I I 1=1 11=1 I I I I 1=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 I ff"11=I I Q I —I I I—I I M 1—"'—"'—"'_"'_"'_"'_"'="'="1=1 11=111=1 11=1 o III—III—III I COMPACTED SUBGRADE :III=III=III=III 7 D° C ° ° A —III—III I I-1 I I—,,—I 1 1-1 1 1-1 1 1-1 1 1-1 1 1-1 1 1-1 1 1=I I I—I I I—I I= ,i1���111���11 ���III� III��III���III���III� III��III� III��III� III��III� �111��111� Q 8 OZ NONWOVEN GEOTEXTILE TYPICAL SECTION THROUGH EXTERIOR STAIRS CONCRETE CURB DETAIL. NOT TO SCALE NOT TO SCALE TYP. GRAVEL PAVING SECTION ( ) L N.T.S J � NOTE: ABC TO BE INSTALLED AS 2 LIFTS Q Q L 0 0 L J O W C/) L 1 1/2 DIAMETER > ALUMINUM HANDRAIL — O z � D U 16' Q Z U = MIN 4'-0" L (� SEE SITE PLAN FOR O / ACTUAL WIDTHS 0 4" CONC. SIDEWALK W/ J z Q 6"x6$'— W2.9xW2.9 WWF Q 00 < J Q 12' v O = TYP. GRAVEL PAVING SECTION N / LANDING SEE DETAIL REVISIONS CURB U —I — Imo" I #4 BAR- 12" OC EW 2 -#4 BAR CONT. 3 BEYOND D — I ��I I I I I I I I �� � • •a � .a • a LL D 0041> II CONCRETE COMPACTED SUBGRADE ABC STONE a . 3 STEPS MIN 4" NCDOT ABC STONE p NOTES: I I=1 I I=1 I I=1 I I=1 I I=1 I I=1 I I=1 I I=1 I I=1 I I=1 I I=1 I I=1 I Lu LJ ° D =1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 I I I I LANDING 1) CONTRACTION JOINTS TO B E AT 6' O.C. I I—III—III—III—III—III—III—I 11=1 11=1 11=1 11=1 11=1 I I I I D =1 I I=1 I I=1 I I=1 I I=1 11-1 11-1 11-1 11-1 11-1 11-1 11-1 I I,, I I 1-1 I I,, 0 2) EXPANSION JOINTS TO BE AT ALL CHANGES „ ° ° D� ° IN DIRECTION AND AT 30' O.C. MAXIMUM. COMPACTED 8 12 4 12 W NOTE: 3) SIDEWALK SHALL BE MAINTAINED AT 1: 20 MAXIMUM SUBGRADE DESIGNED BY: MAXIMUM POST SPACING 6"-0" O.C. SLOPE IN ALL DIRECTIONS OF TRAVEL CTC M DRAWN BY: HANDRAIL DETAIL TYPICAL S DEWALK DETA L CONCRETE PAD AM CHECKED BY: N SCALE: 1" = 1'-0" NOT TO SCALE NOT TO SCALE CTC SCALE: a` 'a `o DATE: E FEBRURY 16, 2024 0 PROJECT NUMBER: w w 2200365 m O O O O C4 . 0 O 0_ E N DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA VICINITY MAP �N- CA RO�'� �FESS/O' SEAL Blackwood 028909 ORANGE COUNTY _ Mtn. 1725 =n�' �� LNG 1 N�-- DUKE FOREST C L 1 ikk Meadow II Flats II II \\ r l II EUBANKS Z o II CD ROAD loos II C&D o li LANDFILL Ill m L �� \\EUBI`MKS ROAD S 1727 Q 9 a 1727 OP Olw3 o � u II F—� V) Ln J \` II N E II II z U 1 \ Z w u 1729 1= I ` \\\ _ \ \ NOTE: EXCESS CUT MATERIAL TO BE STOCKPILED ON ADJACENT C&D LANDFILL. \ \\ I� 1 \� \\ \\\ V-SHAPE SWALE ALONG EDGE OF GRAVEL PAV)ING. f rm -, \ .\\ \ \ \ COORDINATE W / OWNER FOR EXACT LOCATION 1' DEEP, 2:1 SIDE SLOPES. LINED WITH CLASS A RIP RAP. NN- \ \ \ CONNECT TO EXISTING 4" WALL DRAIN 0 ` \\ \I 1 �\ I ' 1 Ii I i I I EXISTING RETAINING WALL AREA OF GRAVEL PAVING INSTALLATION `\\ 1 I I I ► I I ; I I `\ Building Building \ ' - - I \./ J ', �\ _ NEW DROP INLET Illillllilil a \,I I I I I I ' RIM: 535.8 W INV: 532.5 12� I I I 11 III I I II II I II I � \ ' I ; ; I I II II W � 15" SMOOTH (� 1N 4" PVC @ 1% MIN,1 '� ,1 ; ;I ; ', '�I ', (2' BELOW GRADE MN) LINED CPP -. Q � ��' DIVERSION BERM z NEW DROP INLET 15" CPP SLOPE DRAIN �\I 11\ I '� ; ', `, 1 �\\�\�` s�� �o //s�� Q \ \ \ \ a RIMloo, : _- I� s� INV IN/OUT:531.5 co —�' 533 W `\ ,J -- \ \ - ' \ \ N N --------- -------------------------------- \ \ \ \\ \ \ \ \ \ --------------- ------ ----------- --_— \\ \ \ ------------------------------------------------ - --- ------------- \ \ ` `\ `\ ------ ---- ---------------- -----------------------------------------_------------ — --_---_-- \ J \`\\�`�; JUV-5a1 ----- -- -------- ---- ------ ----- ----------_-------------------- --- '5'rSLOPE URA�I --- \\�`\`` \\\\ \ _ ,_ \ ` Y---------------------- -- \ `\'N -- ---- -- --------- -- -- ------- -------------- ------------ --- ,---------- �\ \ \ \\ \\ \ ---------- - ------- - �� \ \ `\ 7 --- c----- `\\`\\\ `\ `\ \\ \\\ \\ � Z ----- ` VJ \ \ Z -------------- --_ _-- - ``1 \\ \\ Z GRAPHIC SCALE 1 TON CLASS B RIP RAP ���\ \\ \\ \\ `\ \\\\ �\ \ \\ W AREA TO BE REGRADED AND z 20 2° 4° ON 4 OZ NONWOVEN GEOTE-XTILE `�`,\\\\\ \ N\\ Cr) O NEW GRAVEL PAVEMENT 1 TON CLASS B RIP RAP (IN FEET) `\`\ `\ \ \ \\ \ \\ \\ \ 1 inch 20ft. SECTION INSTALLED ON 4 OZ NONWOVEN GEOTEXTILE `\\\ `\`\ `\ `\ \\ Z Q Cl) Q LLJ Er J N ` REVISIONS N 24" N LL 2 PROVIDE 4' METAL T—POST 15" SMOOTH LINED CPP EACH SIDE ® 10' O.C. W/12 GAUGE WIRE TIE OVER 18" PIPE NCDOT ABC STONE J 2 1 1 INi � CLASS B RIP RAP /o, (98 COMPACTION) N ;,_, OUTLET PAD. N 1 I ALIGN PIPE TO FLOW LINE N Y �6 16, — — — OF DITCH. NNCDOT#2 STONE 6 6 — I - I o III-11 % —III—III—I I—II. I I I _ SLOPE DRAIN DETAIL 5 1 1 I—I I I—I 1 1 11 �� q Ig� pI I I—III—III—III—I I I N.T.S 4 OZ NON-WOVEN GEOTEXTILE w —III—III I I=1 I I-=1�1 _-1I I-1 I1=1I I-1 I I-1I 1=1 11=1 11=1 11=1 11= I I I I EROSION CONTROL DESIGNED BY: 1111111111�111 I�IIIII�IIII�IIIII�IIII�IIIII�IIII�IIIII�IIII�IIIII�IIII�IIIII�IIII�IIIII �— I I I I MATTING OR EQUAL CTC 8 OZ NONWOVEN GEOTEXTILE I NAG S150 DRAWN BY: 0 AM COMPACTED SOIL BERM CHECKED BY: TYP. GRAVEL PAVING SECTION DIVERSION BERM DETAIL CTC N.T.S N.T.S LONGITUDINAL SECTION MAINTENANCE SCALE: 97 NOTE: ABC TO BE INSTALLED AS 2 LIFTS 1" = 20' E NOTE: BERM TO BE MATTED AND SEEDED ENSURE THAT ALL FILL MATERIAL IS WELL COMPACTED. INSPECT THE SLOPE DRAIN AND SUPPORTING DIVERSION AFTER EVERY RAINFALL, DATE: IMMEDIATELY UPON CONSTRUCTION ADEQUATELY PROTECT THE DRAIN OUTLET FROM EROSION. AND PROMPTLY MAKE NECESSARY REPAIRS, WHEN THE PROTECTED AREA HAS FEBRURY 16, 2024 MAKE THE SETTLED, COMPACTED DIKE RIDGE NO LESS THAN ONE FOOT BEEN PERMANENTLY STABILIZED, TEMPORARY MEASURES MAY BE REMOVED, PROJECT NUMBER: Z ABOVE THE TOP OF THE PIPE AT EVERY POINT. MATERIALS DISPOSED OF PROPERLY, AND ALL DISTURBED AREAS STABILIZED 2200365 IMMEDIATELY STABILIZE ALL DISTURBED AREAS FOLLOWING APPROPRIATELY. o CONSTRUCTION. 0 C5 . 0 0 E DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Orange County Solid Waste Drainage Repairs 1514 Eubanks Road, Orange County, NC PROJECT MANUAL DECEM BER 2023 ORANGE COUNTY NO, RTH CAROLINA PREPARED FOR: Orange County Solid Waste Management Department Robert Williams, Solid Waste Director P.O. Box 17177 (mailing address) 1207 Eubanks Rd. (physical address) Chapel Hill NC 27516 TRC TRC Project Number: 017055.0000.0000 DAA Project Number: 2200365 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA TABLE OF CONTENTS Engineer's Certification...........................................................................................................: 1 Advertisementfor Bids ..........................................................................................................: 1-2 Information for Bidders ..........................................................................................................: 1-3 Formof Proposal.....................................................................................................................: 1-5 Formof Bid Bond ....................................................................................................................: 1 E-Verify Certification...............................................................................................................: 1 Living Wage Contractor Policy................................................................................................: 1 Iran Divestment Act Certification ...........................................................................................: 1 Orange County Non-Discrimination Ordinance & Certification .............................................: 1-7 Minority Business Guidelines for Recruitment & Affidavits A-D............................................: 1-11 Supplemental Vendor Information: Hub Form.......................................................................: 1 Contractor's Safety Record Information.................................................................................: 1-4 Bidders Qualification Statement...................................................................................... BQS: 1-4 Standard General Conditions of the Construction Contract ..................................................: 1-47 Dispute Resolution Rules and Procedures..............................................................................: 1-5 Performance Bond........................................................................................................ C-610: 1-4 PaymentBond............................................................................................................... C-615: 1-4 Agreement for Contracts Over $250,000 ...............................................................................: 1-8 Noticeof Award ............................................................................................................ C-510: 1 Noticeto Proceed ......................................................................................................... C-550: 1 Application for Payment............................................................................................... C-620: 1-4 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC Table of Contents - 1/2 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SalesTax Form ....................................................................................................................ST: 1 Work Change Directive................................................................................................. C-940: 1 ChangeOrder................................................................................................................ C-941: 1 Certificate of Substantial Completion.............................................................................C-625: 1 SPECIFICATIONS Submittal Procedures............................................................................................. 0133 00: 1-7 SubmittalForm ...................................................................................................... 0130 01: 1 QualityControl....................................................................................................... 0145 00: 1-3 Erosion and Sediment Control............................................................................... 0157 00: 1-2 Cast-in-Place Concrete........................................................................................... 03 30 00: 1-19 Geotextile Fabrics .................................................................................................. 3105 10: 1-3 SiteClearing ........................................................................................................... 31 10 00: 1-6 Earth Moving.......................................................................................................... 3120 00: 1-13 Riprap..................................................................................................................... 3137 00: 1-4 Turfand Grasses .................................................................................................... 32 42 00: 1-8 Stormwater Conveyance........................................................................................ 33 42 00: 1-5 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC Table of Contents - 2/2 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Orange County Orange County Solid Waste Drainage Repairs Civil Engineer:Tyrus Clayton,Jr., PE License No.: 28909 TRC NC License No.: F-0591 CA O ioh9'.� '.� SEAL ` ' = 028909 %��• GINS % P cA�° .1%``_ t 7 3 / /2o Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC Engineer's Certification—1/1 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ADVERTISEMENT FOR BIDS Orange County Solid Waste Drainage Repairs Orange County, North Carolina Bid No 367-005407: Orange County Solid Waste Drainage Repairs Road General Notice Orange County (Owner) is requesting Bids for the construction of the following Project: Orange County Solid Waste Drainage Repairs TRC PN: 017055.0000.0000 DAA PN: 2200365 Sealed bids for the construction of the Project will be received until 2:00 P.M. on January 16, 2024 in the office of the Orange County Solid Waste Operations Center located at 1514 Eubanks Road, Chapel Hill, North Carolina 27516. The Project includes the following Work: Work generally includes the repair of an existing gravel paved area adjacent to the recycling buildings at the Orange County Regional Landfill on Eubanks Road in Chapel Hill, NC and existing gravel areas at the Walnut Grove Waste and Recycling Center in Hillsborough, NC. The scope of work includes removal of unsuitable soils, regrading, installation of new stormwater culverts, geotextile and gravel paving installation, Rip Rap Outlet dissipators and associated Erosion and Sediment Controls. The Owner, Orange County, North Carolina reserves the right to reject any or all bids and to waive minor irregularities. Questions may be submitted electronically to Jovana Amaro, Purchasing Agent,via email at 6amaro@orangecountync.gov copying Cheryl Young, Research and Data Manager, at cyoung@orangecountync.gov and the Engineer of Record: Tyrus Clayton Jr., P.E. at TClayton@trccompanies.com Responses will be issued in the form of an addendum. It is important that all Firms proposing on this solicitation to periodically check the Orange County's website https://www.orangecountync.gov/bids.aspx for any Addenda that may be issued prior to the submittal deadline. Obtaining the Bidding Documents Information and Bidding Documents for the Project can be found at the following designated website: TRC Construction Planroom https://www.trccompanies.com/knowledge/trc-construction-planroom/ Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format.The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project.All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources a other than the designated website. EJCDC®C-111,Advertisement for Bids for Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 2 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA The Issuing Office for the Bidding Documents is: TRC Engineers, Inc. 114 Edinburgh South Drive, Suite 200 Cary, North Carolina 27511 Prospective Bidders may obtain copies of the Bidding Documents from the Issuing Office as described below. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including addenda, if any, obtained from sources other than the Issuing Office. Bidding Documents may be downloaded free of charge from the designated website. Pre-bid Conference A mandatory pre-bid conference for the Project will be held on Tuesday,January 9th at 2:00 pm at Orange County Solid Waste Operations Center located at 1514 Eubanks Road, Chapel Hill, North Carolina 27516. Bids will not be accepted from Bidders that do not attend the mandatory pre-bid conference. Instructions to Bidders. For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. This Advertisement is issued by: Owner: Orange County Solid Waste By: Robert Williams Title: Solid Waste Director Date: 12/7/2023 EJCDC®C-111,Advertisement for Bids for Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 2 of 2 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA INFORMATION FOR BIDDERS BIDS will be received by ORANGE COUNTY (herein called the "OWNER"), at 1207 Eubanks Road, Chapel Hill, North Carolina 27516, addressed to Orange County Finance Purchasing until Tuesday, January 16th 2024 at 2:00 pm local time. The Bids received will be publicly opened and read at the Orange County Solid Waste Operations Center located at 1207 Eubanks Road, Chapel Hill, North Carolina 27516. Each Bid must be submitted in a sealed envelope, addressed to the Orange County Finance Purchasing. Each sealed envelope containing a BID must be plainly marked on the outside as BID No 367-005407: ORANGE COUNTY SOLID WASTE DRAINAGE REPAIRS and the envelope should bear on the outside the name of the BIDDER, his address, his license number if applicable, and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER. All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. BID must be accompanied by a Bid Bond in the amount of 5% of the total bid. Please pay attention to the required items to be attached to the bid as listed on the BID form. Each BIDDER shall acknowledge receipt of all addenda in the spaces provided in the Bid Form. The BID form may be submitted loose. It is not necessary to submit these documents in the specification book. Each BIDDER will be responsible to assure himself that all ADDENDA have been received. The Owner reserves the right to reject all bids. The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within ninety (90) days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and BIDDER. BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID schedule by examination of the site and review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the work to be done. Each BIDDER shall submit a price for all alternates listed therein. Failure to do so will result in the bid being considered incomplete and may result in rejection of the bid. Orange County Solid Waste Drainage Repairs 017055.0000.0000/DAA 2200365 Orange County, North Carolina December 2023 IFB - 1 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA INFORMATION FOR BIDDERS The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract. The party to whom the contract is awarded will be required to execute the Agreement within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement. In case of failure of the BIDDER to execute the Agreement, the OWNER may at his option consider the BIDDER in default. The OWNER within sixty (60) days of receipt of acceptable Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement with such period, the BIDDER may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. The NOTICE TO PROCEED shall be issued within sixty (60) days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the sixty (60) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the work, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the Owner may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein. A conditional or qualified BID will not be accepted. Award will be made to the lowest responsive, responsible BIDDER unless all bids are rejected in accordance with the following: Basis of award will be the lowest total amount of the bids and/or alternative(s), inclusive, that the OWNER elects to accept. Where deducts for award of multiple contracts are offered by BIDDER, the contract award will be to the lowest responsive responsible bidder, on multiple contracts, or bidders on individual contracts, that results in the lowest overall cost of the OWNER. The OWNER reserves the right to award contracts to the lowest responsible, responsive bidder in the manner described above. Orange County Solid Waste Drainage Repairs 017055.0000.0000/DAA 2200365 Orange County, North Carolina December 2023 IFB -2 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA INFORMATION FOR BIDDERS The OWNER will award the contract conditioned upon funds being made available for such construction for each division. However, the OWNER reserves the right to reject all bids. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID. The low BIDDER shall supply the names and addresses of major materials SUPPLIERS and SUBCONTRACTORS when requested to do so by the OWNER. Time of Completion and Liquidated Damages: The BIDDER must agree to commence work within the time stipulated in the Agreement. Bidders must also agree to pay as liquidated damages the amount set forth in the Agreement for each consecutive calendar day that the work is incomplete after the scheduled date of completion. Interpretations of Plans and Specifications: No interpretation of the meaning of the plans, specifications, or other documents will be made to any bidder orally prior to the receipt of bids. Any request for such interpretation shall be in writing addressed to TRC, 114 Edinburgh South Drive, Suite 200, Cary, NC 27511. To be given consideration, such request must be received by 2:00pm local time on Thursday, January 11th2024. Any such interpretation or supplemental instructions will be issued in the form of addenda to the specifications, which will be emailed to all persons receiving a purchased set of contract documents and posted to the bidding website, not later than end of business on January 12t"2024. Failure of any bidder to receive such addenda shall not relieve him or any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. Right to Increase or Decrease the Amount of Work: The Owner does not, by expression or by implication, agree that the actual work shall correspond with the estimated quantities. The Owner reserves the right to increase or decrease the various amounts of work by 25% with no changes in unit prices. BIDDER shall make positive efforts to use small and minority owned businesses and comply with GS 143-128. The BIDDER that is awarded the project shall submit documentation to indicate compliance. Orange County Solid Waste Drainage Repairs 017055.0000.0000/DAA 2200365 Orange County, North Carolina December 2023 IFB -3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA FORM OF PROPOSAL Orange Co. Solid Waste Drainage Repair Project Contract: 367-005407 Orange County 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 proposes and agrees, if this Proposal is accepted, to contract with the Owner in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete all construction of the subject project in accordance with the Drawings, Specifications, and Contract Documents, to the full and entire satisfaction of the Owner and the Architect, with a definite understanding that no money will be allowed for extra work, except as set forth in the General Conditions and Contract Documents for the sum of: SINGLE PRIME CONTRACT: BASIS OF BID—UNIT PRICES 3.01 Unit Price Bids A. Bidder will perform the following Work at the indicated unit prices: Eubanks Item Description Unit Estimated Bid Unit Price Bid Amount No. Quantity 1 Mobilization and Bonds LS 1 $ $ 2 Erosion and Sediment Control LS 1 $ $ 3 Grading SY 1900 $ $ 4 15-Inch Downchutes LF 150 $ $ 5 4-Inch PVC Drain LF 100 $ $ 6 Gravel Paving SY 1900 $ $ 7 Riprap (Class B) Ton 5 $ $ B. Bidder will perform the following Work at the indicated unit prices: Walnut Grove Item Description Unit Estimated Bid Unit Price Bid Amount No. Quantity 1 4" underdrain LF 362 $ $ 2 Drop Inlet/Junction Box LS 2 $ $ 3 12" HDPE LF 190 $ $ 4 New Concrete Sidewalk SF 28 $ $ 5 New Concrete Stairs with railing LS 1 $ $ 6 Rip Rap outlet protection Ton 1 $ $ 7 Concrete slab LS 1 $ $ 8 Gravel Paving SY 6200 $ Total Base Bid (Sum of A and B above): Dollars ($) (words) (numbers) Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC Form of Proposal- 1/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA C. Bidder acknowledges that: 1. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item. 2. Estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. 3. Items not specifically identified as a unit line item, but necessary to complete the project as shown on the plans and in the technical specifications shall be included in the cost of one of the line items above. Contractor shall determine which line item to include the additional costs based on related items or the sequencing of tasks. 3.02 Unit Cost Schedule Measurement and Basis for Payment A. The line items below provide further description of the unit cost items included in the project bid price and shall be used as a means of determining the value of Work added to or deleted from the Contract. The Unit Cost generally outlines each item and the corresponding unit price listed by the Contractor.The price associated with each item shall be the full compensation paid for the Work described, regardless of the items.The description of the item shall not limit or lessen the work associated with each item as called for in the plans and specifications. B. The Contractor shall provide quantity justification with pay requests for items paid on a unit rate basis. Quantities for unit price bid items shall be calculated based on the measurement.The Engineer reserves the right to make final decision regarding those quantities. 3.03 Unit Cost Items A. MOBILIZATION AND BONDS-This work shall consist of furnishing all necessary insurance, coinsurance, reinsurance, payment/performance bonds, local permits (including payment of permit fees), mobilization of equipment,forces, and personnel for the project. Work shall also consist of furnishing all necessary demobilization of equipment,forces, and personnel for the project.This line item shall be a maximum of 3%of the base bid price. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment,tools, and other items necessary and incidental to the completion of this work. Work under this line item will include coordination with and assisting the Engineer with execution and implementation of the CQA plan included in the project documents. B. EROSION AND SEDIMENT CONTROL-This Work shall consist of furnishing all labor, material, equipment, tools, and other items necessary and incidental to install and implement the Erosion and Sediment Control plan included in the Contract and Technical Specifications. This item includes maintaining the Erosion and Sediment Controls throughout the project until the site has been released by the Engineer and NCDEQ. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment, tools, and other items necessary and incidental to the completion of this work. C. GRADING -This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to perform grading as dictated by the Contract, including quantity verification, project record documents, and stakeout. Work shall include installing and protecting any necessary benchmarks. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment, tools, and other items necessary and incidental to the Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC Form of Proposal-2/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA completion of this work. Final deliverable shall be an asbuilt topographic survey of the landfill cell signed and sealed by a Professional Land Surveyor registered in NC and include a digital file in .dwg format. D. 15-INCH DOWNCHUTES-This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 15-inch downchutes.This item includes trench excavation, pipe placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline,following final installation. E. 4-INCH PVC DRAIN—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 4-inch PVC Drain.This item includes trench excavation, pipe placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. F. GRAVEL PAVING -This Work shall consist of furnishing all labor, material, equipment, tools, and other items necessary and incidental to install and implement gravel paving.This item includes subgrade compaction, 8 oz geotextile installation, #2 NCDOT stone installation, ABC stone installation and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. G. RIPRAP (CLASS B)—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement class B riprap.This item includes subgrade compaction,4 oz geotextile installation, and class B riprap installation. Payment for this line item will be made upon a unit rate basis, established by field survey measurements, performed by the Contractor, and provided to the Engineer. H. 4" UNDERDRAIN—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 4-inch perforated PVC underdrain.This item includes trench excavation, pipe placement, #57 stone backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. I. 12" HDPE and associated Drop Inlet/Junction Boxes—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 12- smooth lined HDPE pipe and precast concrete drop inlet/junction boxes.This item includes trench excavation, pipe/structure placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline or per structure,following final installation. J. CONCRETE STAIRS, SIDEWALK, AND CONCRETE SLAB--This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement cast-in- place reinforced concrete items.This item includes excavation, gravel subgrade installation, backfill, reinforcing steel, handrails and concrete placement/finishing. Payment for this line item will be made upon a unit rate basis, established by field measurements of square footage or item,following final installation. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC Form of Proposal-3/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA List all subcontractors and associated license numbers. Attach a list if additional space is necessary. General Subcontractor: Plumbing Subcontractor: Lic Lic Mechanical Subcontractor: Electrical Subcontractor: Lic Lic GS143-128(d)requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor's bid is later determined by the contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or(ii)with the approval of the awarding authority for good cause shown by the contractor. Proposal Signature Page The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned. Respectfully submitted this day of (Name of firm or corporation making bid) WITNESS: By: Signature Name: (Proprietorship or Partnership) Print or type Title (Owner/Partner/Pres./V.Pres) Address ATTEST: By: License No. Title: Federal I.D. No. (Corp. Sec. or Asst. Sec. only) Email Address: (CORPORATE SEAL) Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC Form of Proposal-4/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Addendum received and used in computing bid: Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 6 Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 7 **PLEASE BE SURE THAT YOUR BID PROPOSAL PACKET CONTAINS ALL OF THE FOLLOWING DOCUMENTS IN ORDER FOR IT TO BE CONSIDERED A RESPONSIVE BID** • Bid Proposal Forms • Bid Bond — 5% of Total Base Bid Price • E-Verify Affidavit • Living Wage Contractor Policy • Iran Divestment Act Certification • Orange County Nondiscrimination Certification • Identification of HUB Certified/Minority Business Participation • Minority Business Forms (Affidavits A through D, as applicable) • Supplemental Vendor Information: HUB Form Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC Form of Proposal-5/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS THAT as principal, and , as surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto Orange County as obligee, in the penal sum of DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this day of 20_ WHEREAS, the said principal is herewith submitting proposal for and the principal desires to file this bid bond in lieu of making the cash deposit as required by G.S. 143-129. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the principal shall be awarded the contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the principal, then this obligation shall be null and void; but if the principal fails to so execute such contract and give performance bond as required by G.S. 143-129, the surety shall, upon demand, forthwith pay to the obligee the amount set forth in the first paragraph hereof. Provided further, that the bid may be withdrawn as provided by G.S. 143-129.1 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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 120 . Signature of Affiant Print or Type Name: State of North Carolina, County D Signed and sworn to (or affirmed) before me,this the o h day of , 20_. D. z My Commission Expires: v Q v' Ln m Notary Public �' DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S.143C-6A-5(a) As of the date listed below,the vendor or bidder listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 143-GA-4. The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed above to make the foregoing statement. Signature Date Printed Name Title Notes to persons signing this form: N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times: • When a bid is submitted • When a contract is entered into (if the certification was not already made when the vendor made its bid) • When a contract is renewed or assigned N.C.G.S. 143C-6A-5(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer's Final Divestment List. The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address www.nctreasurer.com/lran and will be updated every 180 days. 15 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA owned vehicles providing transportation to the general public; and 2. Private residences providing short-term rentals to members of the general public. A short-term rental means the provision of a room, space, or residential unit that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. Sec. 12-53.-Contractor bid requirements. (a) All requests for bids or proposals issued for county contracts shall include a certification to be completed by the bidder or proposer in substantially the following form: The undersigned bidder or proposer hereby certifies and agrees that the following information is correct: 1. In preparing its enclosed bid or proposal, the bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12-52 of the Orange County Non- discrimination Ordinance. 2. Without limiting any other remedies that Orange County may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years. 3. As a condition of contracting with Orange County,the bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract. 4. As part of its bid or proposal,the bidder or proposer shall provide to Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. 5. As a condition of submitting a bid or proposal to O r a n g e County the bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance.Falsification of this certification shall constitute a violation of the Orange County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination,without fault to Orange County, of a contract. 6. As a condition of submitting a bid or proposal to Orange County the bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the bidder or proposer. The bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety, on information contained in this certification. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA GUIDELINES FOR RECRUITMENT AND SELECTION OF MINORITY BUSINESSES These guidelines were adapted for use on this project by Orange County from the "Guidelines for Recruitment and Selection of Minority Businesses for Participation in State Construction Office Projects", developed by the State Construction Office. In accordance with G.S. 143-128.2 (SB 914 ratified December 6, 2001), Orange County has enacted a verifiable ten percent(10%) minority business participation goal for the total monetary value of this project. These guidelines are published to accomplish that end. SECTION 1: INTENT It is the intent of these guidelines that Orange County, as awarding authority for construction projects, and the contractors and subcontractors performing the construction contracts awarded shall cooperate and in good faith do all things legal, proper and reasonable to achieve the statutory goal of ten percent for participation by minority businesses in each construction project permitted by SB 914. Nothing contained in these guidelines shall be considered to require awarding authorities to award contracts or to make purchase of materials or equipment from minority-business contractors who do not submit the lowest responsible bid or bids. SECTION 2: DEFINITIONS 1. Minority - a person who is a citizen or lawful permanent resident of the United States and who is: a. Black, that is, a person having origins in any of the black racial groups in Africa; b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race; c. Asian American, that is, a person having origins in any of the original peoples of the Far East, Southeast Asia and Asia, the Indian subcontinent, the Pacific Islands; d. American Indian or Alaskan Native, that is, a person having origins in any of the original peoples of North America; or e. Female. Socially and Economically Disadvantaged Individual: Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. 2. Minority Business -means a business: a. In which at least fifty-one percent(51%) is owned by one or more minority persons, or in the case of a corporation, in which at least fifty-one percent (51%) of the stock is owned by one or more minority persons; and b. Of which the management and daily business operations are controlled by one or more of the minority persons who own it; and DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA c. Is certified in one of the MWBE categories as defined by the NC Department of Administration/Historically Underutilized Business (HUB) and the NC Department of Transportation/Disadvantaged Business Enterprise (DBE). 3. Owner- Orange County. 4. Bidder-Any person, firm,partnership, corporation, association, or joint venture seeking to be awarded a public contract or subcontract. 5. Contract-A mutually binding legal relationship or any modification thereof obligating the seller to furnish equipment, material or services, including construction, and obligating the buyer to pay for them. 6. Contractor-Any person, firm, partnership, corporation, association, or joint venture which has contracted with Orange County to perform construction work or repair. 7. Subcontractor- A firm under contract with the Prime Contractor for supplying materials or labor and materials and/or installation. The subcontractor may or may not provide materials in his subcontract. Work subcontracted in an emergency and which could not have been anticipated is excluded as a part of this program. 8. Verifiable goal means that the awarding authority has adopted written guidelines specifying the actions that the prime contractor must take to ensure a good faith effort in the recruitment and selection of minority businesses for participation in contracts awarded; the required actions must be documented in writing by the contractor to the appropriate awarding authority. SECTION 3: RESPONSIBILITIES 1. Owner The owner will: a. Attend the scheduled Prebid conference. b. Identify or determine those work areas of a contract where MBEs may have an interest in performing contract work. C. At least ten(10) days prior to the scheduled day of bid opening, the Owner will notify minority businesses of potential contracting opportunities listed in the proposal. The notification will include the following: 1. A description of the work for which the bid is being solicited. 2. The date, time, and location where bids are to be submitted. 3. The name of the individual within the agency/institution who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist, such as insurance, licenses, bonds, and financial arrangements. d. Maintain documentation of any contacts, correspondence, or conversations with MBE firms made in an attempt to meet the goals. e. Utilize other media, as appropriate, likely to inform potential minority businesses of the bid being sought. 2. Prime Contractor DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Under the single prime contract system, the prime contractor will: a. Attend the scheduled Prebid conference. b. Identify or determine those work areas of a contract where MBEs may have an interest in performing contract work. C. At least ten(10) days prior to the scheduled day of bid opening, notify certified MBEs of potential contracting opportunities listed in the proposal. The notification will include the following: 1. A description of the work for which the bid is being solicited. 2. The date, time and location where bids are to be submitted. 3. The name of the individual within the agency/institution who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist, such as insurance, licenses, bonds and financial arrangements. If there are more than three (3) certified MBEs in the general locality of the project who offer similar contracting or subcontracting services in the specific trade, the Contractor shall notify three (3),but may contact more, if the Contractor so desires. d. During the bidding process, comply with the contractor(s) requirements listed in the proposal for minority participation. e. Submit with the bid a description of that portion of the work to be executed by MBEs expressed as a percentage of the total price. f. Identify the MBEs the bidder intends to use on the contract, along with the dollar amount of the work to be performed by each minority business. g. Submit an affidavit that details the good faith efforts taken to procure minority business participation. h. Upon being named the apparent low bidder,the bidder shall provide the necessary documentation as listed in the contract documents. Failure to comply with procedural requirements as defined in contract documents may render that bid as non-responsive and may result in rejection of the bid and award to the next lowest responsible and responsive bidder. i. Upon being named apparent low bidder, the bidder shall provide an affidavit that lists the proportion of the work to be performed by MBEs. If the MBEs do not account for ten percent (10%) of the contract price, the bidder must submit an affidavit that verifies the bidder's good faith efforts by certifying that it has undertaken at least five of the following ten (10) steps: 1. Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contract or available on these State or local government-maintained lists at least ten(10) days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 2. Made the construction plans, specifications, and requirements available for review by prospective minority businesses, or providing these documents to them at least ten(10) days before the bid proposals are due. 3. Broke down or combined elements of work into economically feasible units to facilitate minority participation. 4. Worked with minority trade, community, or contractor organizations identified by the Office of Historical Underutilized Businesses and included in the bid documents that provided assistance in recruitment of minority businesses. 5. Attended any prebid meetings scheduled by the public owner. 6. Provided assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. 7. Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualifications should have the reasons documented in writing. 8. Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help the minority businesses in establishing credit. 9. Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. 10. Provide quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. j. During the construction of the project, if it becomes necessary to replace an MBE subcontractor, advise the owner of the circumstances involved. k. If, during the construction of a project, additional subcontracting opportunities become available, make a good faith effort to solicit subbids from MBEs. 3. MBE Responsibilities While MBEs are not required to become certified in order to participate in this program, it is recommended that they become certified and should take advantage of the appropriate technical assistance that is made available. In addition, MBEs who are contacted by owners or bidders must respond promptly whether or not they wish to submit a bid. SECTION 4: DISPUTE PROCEDURES It is the policy of this County that disputes between an agency and another person that involve a person's rights, duties, or privileges should be settled through informal procedures. To that end, MBE disputes arising under these guidelines should be resolved, if possible,by informal proceedings arranged by the Owner. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid 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 (1), 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 ($) MBForms 2002-Revised July 2010 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid 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 1.0101) ❑ 1 —(10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. ❑ 2 --(10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due. ❑ 3—(15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation. ❑ 4—(10 pts)Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses. ❑ 5—(10 pts)Attended prebid meetings scheduled by the public owner. ❑ 6—(20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. ❑ 7—(15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. ❑ 8—(25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. ❑ 9—(20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. ❑ 10- (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth. Date: Name of Authorized Officer: Signature: Title: SState of County of SEAL Subscribed and sworn to before me this day of 20 Notary Public My commission expires MBForms 2002-Revised July 2010 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid 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: STitle: SEAL State of County of Subscribed and sworn to before me this day of 20_ Notary Public My commission expires MBForms 2002-Revised July 2010 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid 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 **HUB Work Dollar Value Category Certified Description Y/N *Minority categories: Black, African American (B), Hispanic (H), Asian American (A)American Indian (1), 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: SEAL Title: State of , County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires MBForms 2002-Revised July 2010 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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 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 $ 1 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 **HUB Work Dollar Value Category Certified Description Y/N *Minority categories: Black, African American (B), Hispanic (H), Asian American (A)American Indian (1), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. Examples of documentation that may be required to demonstrate the Bidder's good faith efforts to meet the goals set forth in these provisions include, but are not necessarily limited to,the following: A.Copies of solicitations for quotes to at least three(3)minority business firms from the source list provided by the State for each subcontract to be let under this contract(if 3 or more firms are shown on the source list). Each solicitation shall contain a specific description of the work to be subcontracted, location where bid documents can be reviewed,representative of the Prime Bidder to contact,and location, date and time when quotes must be received. B.Copies of quotes or responses received from each firm responding to the solicitation. C.A telephone log of follow-up calls to each firm sent a solicitation. D. For subcontracts where a minority business firm is not considered the lowest responsible sub-bidder,copies of quotes received from all firms submitting quotes for that particular subcontract. E. Documentation of any contacts or correspondence to minority business,community,or contractor organizations in an attempt to meet the goal. F.Copy of pre-bid roster G. Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority business. H. Letter detailing reasons for rejection of minority business due to lack of qualification. I.Letter documenting proposed assistance offered to minority business in need of equipment,loan capital,lines of credit,or joint pay agreements to secure loans,supplies,or letter of credit, including waiving credit that is ordinarily required. Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next lowest responsible and responsive bidder. Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract. MBForms 2002-Revised May 2010 -1- DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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 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: SEAL State of , County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires MBForms 2002-Revised May 2010 -2- DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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. 14313-1361(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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA YEAR CONTRACTOR INDUSTRY INDUSTRY FIELD AND CODE DART DART INCIDENT RATE INCIDENT RATE 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 INDUSTRY FIELD AND NAME AND CONTACT EMR CODE 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA (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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA (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 r�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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA BIDDER'S QUALIFICATION STATEMENT 1. Name of Contractor 2. Years in Business 3. List five (5) similar projects that you have completed within the past five (5) years and give the name, address, and telephone number of a reference from each. Also give the completed cost of each project listed. a) b) c) d) e) Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC BQS-1/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 4. Have you ever failed to complete work awarded to you? If so, state where and why. 5. Do you plan to sublet any part of this work? If so, give details. List name, address, specialty, and years of experience. 6. Have you ever performed similar work under the direction of a Consulting Engineer or Registered Architect? If so, list three such firms, giving the name of the firm, its address, telephone number and the name of the project. (List most recent projects.) a) b) c) Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC BQS-2/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 7. List three material suppliers, including an individual's name and telephone number. a) b) c) 8. List bank references. Include an individual's name and telephone number. 9. Bonding reference, name, address,telephone. 10. Are you on any list of debarred contractors maintained by the U.S. Department of Labor, the U.S. Department of Housing and Urban Development or the North Carolina Department of Transportation? Yes No 11. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by Draper Aden Associates in verification of the recitals comprising this statement of contractor's qualifications. 12. State the true, exact, correct, and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name.) It is absolutely necessary that this information be furnished. Correct Name of Bidder (a) The Business is a Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC BQS-3/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA (b) The address of principal place of business is: (c) Phone number (d) The name of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: 13. Dated at this day of 20 By Attest (Seal) Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC BQS-4/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 1 EXHIBIT 1----GENERAL CONDITIONS Table of Contents Page Article1. Definitions......................................................................................................................3 Article 2. Correlation, Interpretation, and Intent of Contract Documents.....................................7 Article 3. Familiarity with Work, Conditions and Laws..................................................................8 Article4. Bonds............................................................................................................................9 Article 5. Insurance and Indemnity ..............................................................................................9 Article 6. Other Record Documents and Submittals...................................................................16 Article7. Contractor....................................................................................................................18 Article8. Owner .........................................................................................................................26 Article 9. Construction Manager ................................................................................................26 Article10. Designer ...................................................................................................................26 Article11. Testing and Surveying..............................................................................................27 Article 12. Separate Contracts...................................................................................................27 Article13. Contract Time ..........................................................................................................28 Article 14. Changes in the Work ...............................................................................................31 Article 15. Change of the Contract Price ..................................................................................33 Article 16. Unforeseen Conditions.............................................................................................35 Article 17. Correction of Work before Final Payment ...............................................................35 Article 18. Correction of Work after Substantial Completion; Warranties and Guaranties........36 Article 19. Owner's Right to Do Work .......................................................................................37 Article 20. Partial Payments .....................................................................................................37 Article21. Final Payment..........................................................................................................40 Article 22. Contractor, Subcontractor and Supplier Affidavit ....................................................41 Article 23. Assignments and Subcontracts................................................................................41 Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 2 Article 24. Measurements........................................................................................................41 Article 25. Contractor and Subcontractor Relationships..........................................................42 Article26. Use of Premises .....................................................................................................42 Article 27. Cutting, Patching and Fitting ..................................................................................42 Article 28. Dispute Resolution ................................................................................................43 Article29. Taxes......................................................................................................................43 Article 30. Operation of Owner's Facilities...............................................................................44 Article 31. Third Party Beneficiary Clause...............................................................................44 Article 32. Measurement of Quantities ....................................................................................44 Article 33. Termination by the Owner for Cause .....................................................................44 Article 34. Termination or Suspension by the Owner for Convenience...................................45 Article 35. Minority Business Enterprise Program........................................................46 Article 36 E-Verify, Iran Divestment, Israel Boycott, and Digital....................................46 Article37. General...................................................................................................................46 Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 3 ARTICLE 1. DEFINITIONS 1.1 Agreement - The Construction Contract, these General Conditions, and any Supplementary Conditions. 1.2 AIA- The American Institute of Architects. 1.3 ASTM - The American Society for Testing and Materials. 1.4 Beneficial Occupancy— Use of the Project by the Owner after Substantial Completion, but prior to Final Completion.. 1.5 Change Order-A written order to the Contractor signed by the Owner and the Designer authorizing an addition, deletion, or revision in the Work and/or an adjustment in the Contract Price and/or the Contract Time issued after execution of the Construction Contract. See paragraph 14.1. 1.6 Completion Date -Those dates identified as Completion Dates in the Contract Construction Schedule or elsewhere in the Contract Documents. 1.7 Construction Contract—The document executed by the Contractor and the Owner to formally memorialize their consent to the terms of the Agreement. 1.8 Construction Change Directive —A written order to the Contractor signed by the Owner and the Designer directing an addition, deletion, or revision in the Work after execution of the Construction Contract, in circumstances when the parties have been unable to agree on an adjustment to the Contract Price or the Contract Time, but the Owner requests that the Contractor proceed with said addition, deletion, or revision in the Work subject to adjustment of the Contract Price and/orContract Time under the procedures described herein. 1.9 Construction Manager(s) - The person(s) or firm designated as the Construction Manager in the Contract Documents, or their authorized representatives. The Construction Manager(s), as referred to herein, will be referred to hereinafter as if each were of the singular number and masculine gender. 1.10 Contract Construction Schedule -That schedule described in Article 13 hereof and identified as the Contract Construction Schedule. 1.11 Contract Documents -All of the documents that make up the Agreement, plus the Drawings and Specifications that describe the scope of the Work, plus allowable Modifications to the Contract Documents. 1.12 Contract Price - The total monies payable to the Contractor under the Contract Documents pursuant to paragraph 15.1 of the Agreement. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 4 1.13 Contract Time - The number of calendar days stated in, or computed from, the Contract Documents for the completion of the Work, or any portion thereof. See, particularly, Article 13 hereof and the Contract Construction Schedule. Time of completion as specified therein is of the essence. The time used and referred to on the Project will be that time which is observed in Raleigh, North Carolina, being Eastern Daylight Savings Time (EDT), Eastern Standard Time (EST), or other as designated by the Designer. 1.14 Contractor-The Contractor shall be that party identified as such in the Contract Documents. 1.15 Days - Unless otherwise indicated, the term "days" shall mean consecutive calendar days. 1.16 Daylight Hours - The hours or portions of hours between sunrise and sunset local time. 1.17 Designer(s)—The person or firm designated as the Designer in the Contract Documents, or their authorized representatives. The Designer(s), as referred to herein, shall mean architect, landscape architect, and/or engineer. They will be referred to hereinafter as if each were of the singular number and masculine gender. On projects for which there is no Designer designated references to approvals or authorizations of or by the Designer shall be interpreted to refer to approvals or authorizations of Owner or Owner's designee. 1.18 Drawings -The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location, and dimensions of the Work, and generally including plans, elevations, sections, details, schedules and diagrams. A list of the Drawings is contained in the Contract Documents. 1.19 Field Order-A written order issued by the Designer which clarifies or interprets the Contract Documents or orders minor changes in the Work in accordance with the Contract Documents. See paragraph 14.2. 1.20 Final Completion -The point at which the Contractor has completed the Work, with the exception of guaranty and warranty obligations and as determined by the Designer and becomes entitled to final payment upon the recommendation of the Designer and determination by the Owner. 1.21 The words "furnish," "furnish and install," "install," and "provide" or words with similar meanings shall be interpreted, unless otherwise stated, to mean furnish and install complete, in place and ready for service. 1.22 Liquidated Damages — See paragraph 13.18 of these General Conditions. 1.23 Modification - (A) a written amendment to the Contract Documents signed by the Owner and the Contractor and identified therein as such, (B) a Change Order, (C) Construction Change Directive, or (D) a Field Order. A Modification may only be issued after execution of the Agreement. 1.24 Notice of Award - The written notice by the Owner to the Contractor that the Contractor is the successful Bidder and that upon compliance with the conditions precedent to be fulfilled by Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 5 the Contractor within the time specified, the Owner will execute and deliver the Agreement to him. 1.25 Notice to Proceed - See paragraph 13.3. 1.26 Owner- The Owner is the person designated as such in the Agreement. 1.27 Owner's Representative - A person, or persons, authorized and employed by the Owner and designated from time to time by written notice to the Contractor to administer the Contract Documents, and to observe and monitor the Work on behalf of the Owner with authority and responsibility as herein specified. 1.28 Notice -The term "notice" or"written notice" as used herein shall mean and include all written notices, demands, instructions, and claims approvals and disapprovals furnished by the Owner or the Designer to obtain compliance with the requirements of the Contract Documents, as well as all written notices, demands, instructions and claims furnished by the Contractor as required by the Contract Documents. Where notice is required under the terms of the Contract Documents written notice shall always be required, and oral or "constructive" notice shall be insufficient and ineffective as notice. Email or other electronic delivery shall be insufficient and ineffective as notice unless specifically allowed by the Supplementary Conditions or a Modification to the Agreement. Written notice shall be deemed to have been duly served on the date that it is delivered in person to the individual or to a member of the firm, to an officer of the corporation for whom it is intended, to an authorized representative of such individual, firm, or corporation, or on the date that it is mailed by registered or certified mail, return receipt requested, addressed to the last business address of such individual, firm, or corporation known to the person giving the notice. Written notice may also be given by facsimile transmission, provided that proof of delivery is obtained. In the case of delivery in person, such delivery shall not be effective unless and until a written and signed receipt showing the date and time of delivery is obtained. 1.29 Project - The total construction of which the Work performed under the Contract Documents may be the whole or a part. 1.30 Project Expediter—As used herein, is an entity stated in the Contract Documents, designated to effectively facilitate scheduling and coordination of Work activities. For the purpose of a single prime contract, the single prime contractor is designated as the Project Expediter. For the purpose of a project involving separate prime contracts, the Contractor for general work shall be designated as the Project Expediter unless otherwise indicated in the Supplementary General Conditions. See paragraph 7.27. 1.31 Project Manager- That person designated by the Contractor in accordance with paragraph 7.2 who shall be in general charge of the Work and its performance and who shall have the authority set forth in the last sentence of paragraph 7.2. 1.32 Request for Information -A written communication from the Contractor to the Designer for any interpretation of, or information needed, required, or desired under the Contract Documents. The Owner reserves the right to determine the reasonable format and contents required for a Request for Information. In any Request for Information, the Contractor shall state a reasonable date by which a response is necessary in order to avoid delay in progress on the Work and shall Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 6 make such request sufficiently in advance of such date as to avoid any such delay. The Designer shall respond in writing to the Request for Information by the date stated by the Contractor unless he cannot reasonably do so, in which case he shall prior to that date notify the Contractor of the date by which he can reasonably respond. The Contractor shall not be entitled to any additional time for the completion of the Work or any portion thereof by reason of the Designer's failure to respond if he has not submitted his Request for Information sufficiently in advance to allow the Designer a reasonable time within which to respond. 1.33 Request for Payment - The form, in the form of AIA Document G702 (latest ed.) or other published document approved by Owner, which is to be used by the Contractor in requesting progress payments and which is to include a Schedule of Values as required by the Contract Documents and an affidavit of the Contractor that progress payments theretofore received from the Owner on account of the Work have been applied by the Contractor to discharge in full all the Contractor's obligations incurred in connection with Work covered by all prior applications for payment. See paragraph 20.2. 1.34 Resident Superintendent - That person designated by the Contractor in accordance with paragraph 7.2 who has day-to-day responsibility for the prosecution of the Work and the obtaining of proper materials and equipment, and adequate labor and who shall have the authority set forth in the last sentence of paragraph 7.2. 1.35 Schedule of Values - Any breakdown of the Contract Price which may be required by the Contract Documents, and designated as such. See paragraph 20.1. 1.36 Specifications -That portion of the Contract Documents consisting generally of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work and performance of related services. 1.37 Subcontractor-A person, firm, or corporation who has entered into a direct contract with the Contractor to perform any of the Work at the Project. 1.38 Submittal - Shop drawings, product data, samples, and other documents required by the Contract Documents to be submitted by the Contractor to the Designer. 1.39 Submittal Register- See paragraph 13.2 of these General Conditions. 1.40 Substantial Completion - The point at which the Work, and Work by other Contractors on or in connection with the Project, as determined by the Designer, is sufficiently complete in accordance with the Contract Documents that it can be beneficially occupied by the Owner, and the Work can be utilized by the Owner for its intended use, and all necessary permits and permissions for Beneficial Occupancy and utilization having been obtained by the Contractor. All operations and maintenance manuals, Owner training, and as-built drawings must be submitted prior to Substantial Completion being achieved. 1.41 Sub-subcontractor-A person or entity that has a direct or indirect contract with a Subcontractor to perform any of the Work at the Project. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 7 1.42 Work -The construction and services required by the Contract Documents, including all labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 1.43 All references in the Contract Documents to the masculine shall be interpreted as including the feminine or neuter and all references in the Contract Documents to the singular or the plural shall be interpreted as including the other, as may be appropriate in the reasonable interpretation of the Contract Documents. ARTICLE 2. CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 2.1 It is the intent of the Specifications and Drawings and other Contract Documents to describe a complete Project in accordance with the Contract Documents. 2.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall notify the Designer in writing before proceeding with the Work affected thereby. In resolving such conflicts, errors and discrepancies, the Contract Documents shall be given preference in the following order: Construction Contract, Modifications, Addenda, General Conditions, Specifications, and Drawings. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which, so applied, have a well-known technical trade meaning shall be deemed to refer to such meaning and to incorporate any recognized standards which are a part of such meaning if not otherwise defined within the Contract Documents. 2.3 Miscellaneous items, accessories and work which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or useable structure or plant providing the indicated function shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the Designer before installation. This requirement is not intended to include major components not covered by or inferable from the Contract Documents. 2.4 The Work of all trades under the Contract Documents shall be coordinated by the Contractor in such a manner as to obtain the best workmanship possible for the entire Project and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 2.5 The Contractor shall fully complete the Work and shall be responsible for all of the Work under the Contract Documents to which the Construction Contract applies. If the Contractor is prevented from doing so by any limitation of the Contract Documents, the Contractor shall immediately give notice thereof to the Designer and the Owner in writing. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 8 2.6 Standard specifications or manufacturers' literature, when referenced, shall be of the latest revision or printing unless otherwise stated and is intended to establish the minimum requirements acceptable. 2.7 For those materials specified without the use of brand names, the Contractor shall submit within thirty (30) days after his receiving the Construction Contract for signatures, any product that meets the express requirements of the Specifications. Such Submittal shall include manufacturer's data, test reports, performance data and certifications, samples, erection details, and other applicable information as required to permit determination by the Designer whether such proposed products are suitable. The Designer shall be the sole judge as to the suitability of any proposed product. The burden of proof of quality rests with the Contractor. 2.8 The Contractor is required to examine and read the complete set of Contract Documents for information concerning the Work, because some of the Work for which the Contractor will be responsible may be indicated on or in documentation applying primarily to the Work of one or more other separate prime contractors. No allowance will be made for the Contractor's failure to become familiar with the complete set of project documents. 2.9 Contractor's requests for clarification or information shall clearly define the cause(s) of Contractor's request and, as appropriate, shall include Contractor's interpretation and Contractor's proposed solution. ARTICLE 3. FAMILIARITY WITH WORK, CONDITIONS AND LAWS 3.1 The Contractor has investigated prior to bidding and is satisfied with all conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electrical power, roads and uncertainties of weather, or similar physical conditions at the Project site, and the character of equipment and facilities needed prior to and during prosecution of the Work. The Contractor is satisfied as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from inspection of the Project site, including all exploratory work done by the Owner, as well as from information presented by the Contract Documents, or any other information made available to the Contractor prior to receipt of bids. Any failure by the Contractor to become acquainted with the available information shall not relieve the Contractor from the responsibility for estimating properly the difficulty or cost of successfully performing the Work. 3.2 The Contractor shall be entitled to make all inferences from the Contract Documents that would reasonably be made by a contractor having knowledge and experience with similar work; however, the Contractor shall not be entitled to infer from the Contract Documents any fact or condition which would not be inferred by a contractor having knowledge and experience with similar work and the Contractor shall be required to obtain independently such other information as a knowledgeable and experienced contractor would prudently obtain in order to evaluate any such condition. 3.3 The Contractor specifically acknowledges familiarity with all Federal, State, and local laws, ordinances, rules, and regulations which may in any manner affect those engaged or employed in the Work, or the materials or equipment in or about the Work, or in any way affect the conduct of the Work and agrees that the Contractor and the Contractor's employees, subcontractors, Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 9 and suppliers will, at all times, comply with same. If the Contractor shall discover any provisions in the Contract Documents which are contrary to or inconsistent with any such law, ordinance, rule, or regulation, the Contractor shall immediately give notice thereof to the Designer and the Owner in writing, identifying any items of Work affected, and the Contractor shall not proceed until the Contractor has received written direction from the Designer with respect to these items. If the Contractor performs contrary to or inconsistently with any such law, ordinance, rule, or regulation without such written direction, the Contractor shall bear all costs which are a consequence of such performance. 3.4 At times selected by the Designer after execution by the Contractor of the Construction Agreement, a pre-construction conference shall be scheduled and conducted for the benefit of the Project. ARTICLE 4. BONDS 4.1 A performance bond in the full amount of the Contract Price shall be required of the Contractor to guarantee the faithful performance of the Work in compliance with the Contract Documents, in such form as may be required by law and approved by the Owner. The bond shall be dated the same date as the Construction Contract and must be accompanied by a current copy of the power of attorney for the attorney-in-fact executing such bond on behalf of a surety company licensed to do business in the state of North Carolina. 4.2 A payment bond in the full amount of the Contract Price shall be required of the Contractor to guarantee the payment of all labor and material costs or claims in connection with compliance with the Contract. The payment bond shall be in such form as may be required by law and approved by the Owner. Said bond shall be dated and executed in the same manner as the performance bond in paragraph 4.1. ARTICLE 5. INSURANCE AND INDEMNITY 5.1 CONTRACTOR PROVIDED INSURANCE The Contractor shall, without limiting its obligations or liabilities, procure, pay for and maintain such insurance as is required by law and as is required by this Agreement to protect the Contractor and the Owner from claims for damages for bodily injury, including death, and from claims for property damage which may arise from the Contractor's or its representatives', consultants', Subcontractors', agents', or employees' operations under this Agreement. Such insurance shall be of the kinds and have limits of liability and coverages not less than the minimum limits hereinafter specified or required by law, whichever is greater. The Owner makes no representation as to the adequacy or sufficiency of such coverages. The following requirements shall in no way be construed to limit or eliminate the liability of the Contractor, which arises from performance of Work under the Agreement. The Contractor is strictly responsible for any losses, claims, and costs of any kind which exceed the Contractor's limits of liability, or which may be outside the coverage scope of the policies. The insurance specified shall be provided by an insurer approved by the Owner, authorized to do such business in the State of North Carolina, and on terms approved by the Owner. Insurance companies utilized shall have a minimum rating of A- and Class VII as evaluated by the most current A.M. Best Rating Guide. If the insurer has a Best Rating less than A- and Class VII, the Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 10 Contractor must receive specific written approval from the Owner prior to proceeding with any Work under the Agreement. All agents and brokers shall hold valid licenses from the State of North Carolina. Before commencing mobilization to the Project site and not later than 7 days after the receipt of the Construction Contract by the Contractor for signatures, the Contractor shall furnish to the Owner a certificate or certificates of insurance in a form satisfactory to the Owner. Upon request of the Owner, the Contractor shall provide the Owner with certified copies of the insurance policies required by this Article, including without limitation declaration pages, conditions, exclusions and endorsements, and confirmation that each policy premium has been paid for the required term of this Agreement. A copy of the umbrella policy shall be provided to the Orange County Risk Manager. Certificates shall be signed by a person authorized by that insurer to bind coverage on its behalf. All insurance policies shall provide, as evidenced by Certificates of Insurance, that the insurance shall not be canceled, reduced, restricted, or changed in any way without at least 30 days prior written notice to the Owner. With regard to expiration, cancellation, reduction, restriction, or any other change, certificates shall state: "Should any of the following described policies be canceled before expiration date or be due to expire within 30 days, the insurer shall mail 30 days prior written notice to named certificate holder." In the event of any such cancellation, non-renewal, reduction, restriction, or change in any insurance, the Contractor is obligated to replace such insurance within 7 days without a gap in coverage and file accordingly such notice with the Owner, and other interested parties. Failing immediate receipt of evidence of such replacement of insurance the Owner reserves the right to procure such insurance as the Owner considers desirable and the Contractor shall pay or reimburse the cost of the premium in respect thereof. It is expressly provided, however, that any action or inaction on the part of the Owner in this respect shall in no way change or reduce the Contractor's responsibilities and liabilities under this Agreement. Self-funded, policy fronting, or other non-risk transfer insurance mechanisms are not acceptable without prior written approval of the Owner. Full disclosure of such a program must be made prior to commencing mobilization to the Project site. Failure to make a full disclosure constitutes a material breach of the Agreement, justifying termination for default. The Contractor shall name the Owner, the Designer, the Designer's consultants, and the Construction Manager as additional insureds under all its insurance contracts (except workers' compensation) with respect to and including without limitation liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, and automobiles owned, hired, leased, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to additional insureds. For any claims related to this Project, the Contractor's insurance or self-insurance shall be primary and noncontributory with respect to the Owner's insurance. Any insurance or self- insurance maintained by the Owner shall be excess and noncontributory with respect to the Contractor's insurance. All policies of insurance shall contain a clause waiving rights of subrogation against the Owner, unless the Owner approves otherwise in writing. Limits of coverage are not to be amended by deductible clauses of any nature without the express written consent of the Owner. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 11 The Contractor shall be solely responsible for any deductible assumptions that may exist in any insurance policies required under this Agreement. In addition, the Contractor shall be responsible and shall not be reimbursed for any losses arising from any risk or exposure not insured as required herein, or not covered as a result of a normal policy exclusion or that falls within the self-insured retention, if Contractor self-insured. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The claim provisions in the Contractor's insurance policies must specifically state the insurance company or Contractor's Third Party Administrator, if self-insured, has both the right and duty to adjust a claim and provide defense. The policies shall not contain any provision or definition which would serve to exclude or eliminate from coverage third party claims, including exclusions of claims for bodily or other injury to shareholders, partners, officers, directors, or employees of the insured, the premises owner, real estate manager, or the insured's Subcontractor, or any family relative of such persons. If the policies contain any warranty stating that coverage is null and void (or words to that effect) if the Contractor does not comply with the most stringent regulations governing the Work, it shall be modified so that coverage shall be afforded in all cases except for the Contractor's willful or intentional noncompliance with applicable government regulations. Any failure by any person to comply with reporting or other provisions of the policy including breach of warranties, shall not affect coverage provided to the Owner and its representatives, officials, and employees. The insolvency or bankruptcy of the Insured or of the Insured's estate shall not relieve the insurance companies of their obligations under these policies. Any clauses to the contrary are unacceptable and must be stricken. Failure to comply with these requirements shall be a material breach of this Agreement justifying termination for default. 5.1.1 Worker's Compensation and Employers' Liability Insurance The Contractor and its Subcontractors shall procure and maintain Workers' Compensation Insurance in the amount and type required by the State of North Carolina and federal law for all employees employed under the Agreement who may come within the protection of Workers' Compensation Laws and covering all operations under the Agreement whether performed by the Contractor or by his Subcontractors. In jurisdictions not providing complete Workers' Compensation protection, the Contractor and his Subcontractors shall maintain employers' liability insurance in an amount, form, company, and agency satisfactory to the State of North Carolina and the Owner for the benefit of all employees not protected by Workers' Compensation Laws and covering all operations under the Agreement whether performed by the Contractor or by his Subcontractors. The Contractor shall pay such assessments as will protect the Contractor and the Owner from claims under the Workers' Compensation Laws, workers' or workmen's compensation disability benefits, and other similar employee benefit acts. The current Experience Modification Factor shall be indicated on the Certificate of Insurance. Coverage under this section shall be as required by federal and state Workers' Compensation and Occupational Disease Statutes, and shall have minimum limits as follows: Coverage A: Statutory, State of North Carolina Employers' Liability: Each Accident $1,000,000 Disease - Policy Limit $1,000,000 Disease - Each Employee $1,000,000 Such insurance shall include Voluntary Compensation coverage, a Waiver of Subrogation Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 12 in favor of the Owner as well as other endorsements that may be required by applicable jurisdictions. 5.1.2 Automobile Liability Insurance The Contractor shall procure and maintain automobile insurance against liability for bodily injury and property damage as described below, that may arise with respect to the Work being performed under the Agreement, and as will provide protection from claims which may arise out of or result from the Contractor's performance of the Work and the Contractor's other obligations under the Agreement, whether such performance of the Work is by the Contractor, by any representative or Subcontractor, by anyone, both officially and personally, directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. This policy of insurance shall carry the following minimum Limit of Liability: Combined Single Limit $1,000,000 per occurrence; Aggregate $2,000,000.00. The policy of insurance shall contain or be endorsed to include the following: a) owned, hired, and non-owned automobile liability. b) If the policy contains a warranty stating that coverage is null and void (or words to that effect) if the transporter does not comply with the most stringent regulations governing the Work, it shall be modified so that coverage shall be afforded in all cases except for the transporter's willful or intentional noncompliance with applicable government regulations. Any failure by any party to comply with reporting or other provisions of the policy including breach of warranties, shall not affect coverage provided to the Owner and its representatives, officials, and employees. No subcontracting of waste hauling shall be permitted without prior, written approval of the Owner. 5.1.3 General Liability This policy must be written on an Occurrence basis, with the following minimum Limits of Liability: General Aggregate per project $2,000,000.00 Products/Completed Operations Aggregate $2,000,000.00 Bodily Injury and Property Damage csl/each occurrence $1,000,000.00 Personal Injury and Advertising Injury $2,000,000.00 The policy of insurance shall contain or be endorsed to include the following: a) Blanket Contractual Liability covering Contractor's indemnification obligations under this Agreement, in accordance with ISO policy form CG 00 01. Modifications to the standard provision will not be acceptable if they serve to reduce coverage. b) Premises/Operations Liability. c) Explosion, collapse, and underground fault. d) Independent Contractors and Independent Subcontractors coverage. e) Broad Form Property Damage. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 13 f) Personal Injury g) Cross Liability/Severability of Interest clause. h) Employer's Stop-Gap Liability endorsement, if applicable. i) Amendment of the Pollution Exclusion Endorsement to allow coverage for bodily injury or property damage caused by heat, smoke, or fumes from a hostile fire. j) Designated General Aggregate Limit Endorsement if required by the Contract Documents. Coverage shall remain continuously in effect and without interruption for at least 6 years from the date of the Notice of Award and shall include coverage for exposures arising from operations that have been completed. The Contractor shall furnish the Owner and each other additional insured listed in the Agreement to whom the Certificates have been issued, evidence satisfactory to the Owner of continuation of such insurance at the date of Preliminary Acceptance and each year thereafter. 5.1.4 Pollution Legal Liability (PLL) Pollution Legal Liability coverage will be provided as follows: $1,000,000.00 per occurrence; Aggregate $2,000,000.00. 5.1.5 Umbrella Liability The Contractor shall maintain an occurrence basis (as distinguished from a "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. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 14 The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and/or Subcontractor(s) in the performance of the Work including all of Owner's property in Contractor's care, custody, or control, and all such property while it is in transit. The insurance coverage evidencing such shall include a waiver of subrogation in favor of the Owner. 5.1.7 Valuable Papers and Records The Contractor shall provide valuable papers and records insurance with coverage in an amount commensurate with project scope and set forth in the Supplementary General Conditions. 5.1.8 Claims The Contractor shall notify the Owner within 24 hours of any claims or alleged claims received by the Contractor covered by any of the policies of insurance required in this Agreement. The Contractor shall provide a written copy of the claim or alleged claim to the Owner within 3 days of the Contractor's receipt of the claim or alleged claim. If a claim is settled to the satisfaction of the claimant, the Contractor shall submit a copy of the claimant's release to the Owner. If a claim or alleged claim is rejected by the Contractor and/or its insurance company, the Contractor shall immediately report this fact to the Owner. Should 30 days elapse after the claim or alleged claim has been received by the Contractor, and the Contractor is not able to report a settlement or rejection of the claim, it shall report to the Owner the steps being taken with respect to the claim. Without limiting the foregoing, the Contractor shall notify in writing the county risk manager of any paid or incurred claims which may impair annual aggregate or general liability. 5.1.9 Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Owner. At the option of the Owner, either: a) the insurer shall reduce to a maximum of$250,000 or eliminate such deductibles or self-insured retentions with respect to the Owner, or (b) the Contractor shall provide evidence of collateral provided to insurers or procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the deductible or self-insured retention amount. Any self-insured retention or deductible amount on the policy shall not reduce the amount of collectible limits or liability. 5.1.10 Subcontractors The Contractor shall include all Subcontractors as Insureds under its policies, or shall furnish separate certificates, policies, and endorsements for each Subcontractor the Contractor intends to use. If a Subcontractor does not take out insurance in his own name and the Contractor wishes to provide insurance protection for such Subcontractor and such Subcontractor's employees, the Contractor shall either (a) procure appropriate policies in the name of the Subcontractor, or (b) cause a rider or riders to be attached to the Contractor's policies which shall identify the Subcontractor thereby covered; provided, however, in the case of the latter option, such a rider need not be attached to the Contractor's workers' compensation policy if such policy by its terms is sufficiently broad to cover the employees of all Subcontractors performing Work under the Contract Documents. Except as otherwise approved by the Owner in writing, Limits of Liability and coverage scope must be at a minimum as stringent as required of the Contractor by the Contract Documents. All Work performed for the Contractor by any Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 15 Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance as provided herein. Insurance monies received from any loss shall be divided as the respective interest of the parties affected shall appear. 5.2 OWNER CONTROLLED PROJECT SPECIFIC INSURANCE In the event the Owner elects to purchase project-specific insurance affording coverage to the Contractor and Subcontractors, the terms and conditions of such coverage shall be set forth in the Supplementary Conditions. 5.3 CONTRACTOR AS JOINT VENTURE If the Contractor is completing this Project on a joint venture basis, both joint venture partners retain all liabilities assumed by this Agreement, individually and collectively. This may include, but is not limited to, all premiums due, deductibles/self-insured retentions, coinsurance provisions, claim provisions, insurance policy conditions, and indemnification provisions hereunder. Evidence of a Blanket Joint Venture Endorsement must be obtained from the General Liability and Contractor's Pollution Legal Liability carriers of each joint venture partner for a period of 6 years after completion of the Project, substantially as follows: With respect to "your work", and the "products-completed operations hazard", you are an insured for your liability arising out of the conduct of any partnership or joint venture of which you were a partner or member, even though this partnership or joint venture is not shown as a Named Insured in the Declarations. This coverage is excess over any available liability purchased specifically to insure the partnership or joint venture. This coverage will not inure to the benefit of any other party except you." 5.4 INDEMNIFICATION The Contractor, to the fullest extent not expressly prohibited by law, shall defend, indemnify, and save harmless the Owner, the Designer, the Construction Manager and their respective officials, officers, employees, and agents from and against any and all liabilities (foreseeable or unforeseeable), penalties, fines, liens, forfeitures, demands, claims, causes of actions, suits, judgments, and costs and expenses incidental thereto, (including, without limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable attorneys' fees), which any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of but not limited to: a) bodily injury (including sickness, disease, or death) to any person including but not limited to, the Contractor's employees or its representatives while on the site of the Project; or b) actual or alleged damage (including loss of use) to any property (public or private, including the Project or other property on the Project site); or c) contamination of or adverse effects on the environment arising directly or indirectly out of or in connection with the performance of the Work, including but not limited to any hazardous or toxic waste, substance, or constituent of any substance subject to regulation under CERCLA, RCRA, TSCA, and other Federal and state authorities that is spilled, released, threatening to Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 16 release, or disposed of or destroyed by the Contractor or its Subcontractors on or off the site of the Project or while in transport to or from the site; or d) any violation or alleged violation of laws and regulations, arising out of or in any way connected with the Work, caused in whole or in part by the Contractor, any Subcontractor or supplier or any representatives of the Contractor. The Contractor shall not be required to indemnify the Owner against losses resulting from a breach of this Agreement by the Owner or its other agents and contractors, or resulting from negligence, misconduct or violation of laws on the part of the Owner or its other agents and contractors. e) upon completion of the Work the Contractor shall execute an affidavit, indemnification, and release stating there are no unpaid debts for any work that has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liabilities, liens, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any such claims, liabilities, liens, losses, damages, causes of action, or expenses. Such affidavit, indemnification, and release shall be in a form and substance acceptable to Owner. By executing this Agreement Contractor acknowledges the receipt of adequate consideration in return for said release. The Contractor further agrees to obtain, maintain, and pay for such liability insurance coverages and endorsements as will insure the provisions of this paragraph 5.4. Furthermore, the Contractor agrees to be liable for and to indemnify and reimburse the Owner for all legal fees and disbursements paid or incurred to enforce the provisions of this paragraph. The indemnification obligations under this paragraph shall not be limited in any way by the amount or type of damages, compensation or benefits payable under worker's compensation acts, disability benefit acts, other employment benefit acts, or the amount of insurance carried or recovered. The Owner acknowledges that hazardous or toxic waste, material, chemicals, compounds or substances, or other environmental hazards, contamination or pollution, (referred to hereinafter as "environmental hazards") may be present at the Project site that were not created, generated, or released at the Project site by the Contractor or its Subcontractors, agents or employees, acting alone or in concert with others. Unless the remediation, abatement or handling of such environmental hazards is part of the scope of the Work under this Agreement, then upon the discovery of such environmental hazards, the Contractor shall immediately, and in no event more than three days later, give notice to the Owner of the environmental hazards before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the environmental hazards, and make such changes in the Drawings and/or Specifications as they may find necessary to abate, remediate, isolate or handle the environmental hazards. Any increase or decrease in the Contract Price or the Contract Time resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Work and changes. It is agreed that the Contractor shall have no liability under this Agreement for any environmental hazards existing prior to the date that Work commences under this Agreement unless the Contractor or its Subcontractors, agents or employees, acting alone or in concert with others, by their own negligence or misconduct, release or expose the Owner or third parties to the environmental hazards. The provisions of this paragraph shall survive the termination or cancellation or completion of this Agreement. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 17 5.5 RISK MANAGEMENT POLICY The Orange County Risk Management Policy shall not apply to construction contracts for amounts over$250,000. The terms of these General Conditions related to insurance shall be the sole authority governing insurance requirements for such contracts. ARTICLE 6. OTHER RECORD DOCUMENTS AND SUBMITTALS 6.1 The Designer shall furnish to the Contractor the number of copies of Drawings and Specifications stated in the Contract Documents. Additional copies of Drawings and Specifications may be obtained at the cost of reproduction and handling. 6.2 The Contractor shall submit to the Designer all Submittals required by the Contract Documents. The Contractor shall submit at least three (3) reproducible prints of all shop drawings. The Contractor shall submit samples in quantities required by the Contract Documents. The Contractor shall submit product data in at least five (5) copies. All shop drawings shall be reviewed by the Contractor and shall bear the Contractor's stamp of approval before being forwarded to the Designer. Submittals shall be submitted in such time as to cause no delay to the Work or any part thereof and in accordance with the Contract Construction Schedule and Submittal Register. The Designer shall review the submittal with reasonable promptness, noting desired corrections, if any. The Designer shall retain two (2) copies of the submittal and shall return the balance of the reviewed submittal to the Contractor for action. The Contractor shall furnish any corrected submittal to the Designer. The Designer shall retain two (2) copies of the corrected submittal and will return the balance of the reviewed submittal to the Contractor. All substitutions prior to the receipt of bids shall be in accordance with the Contract Documents. Refer to Instructions to Bidders, Substitutions. The Contractor acknowledges that the processing of shop drawings and other submittals is directly impacted by the clarity, completeness, and accuracy of said documents and that it is the Contractor's responsibility to (i) review and coordinate each submittal with all other related or affected Work and (ii) approve each submittal before submitting same to the Designer for approval. 6.3 No substitutions and no deviations from any requirement of the Contract Documents shall be deemed allowed unless the Contractor has specifically informed the Designer and the Owner in writing of such deviations at the time of submittal and the Designer and the Owner have given written and specific approval to the substitutions or deviations. In proposing a deviation or substitution the Contractor warrants to the Owner, notwithstanding any review, allowance or approval by the Designer or the Owner that the deviation or substitution is at least equal to or better in quality and for the purpose intended, and that Contractor shall not by reason of any such review, allowance or approval be relieved from any obligation or responsibility contained in the Contract Documents. 6.4 Review of submittal by the Designer shall not be construed as relieving the Contractor from responsibility for compliance with terms or designs of the Contract Documents nor from responsibility for errors of any sort in the submittal. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 18 6.5 The Contractor shall keep one record copy marked "As-Built" of all Specifications, Drawings, Addenda, Modifications, and Submittals at the Project in good order and annotated at least monthly to show all changes made during the construction process. Such monthly annotations and their approval by the Designer shall be a condition precedent to approval by the Designer of each monthly Request for Payment. Said record copy shall be stored at the Project and fully protected from damage by fire or other hazard. This record copy shall be available to the Designer and Owner for inspection at all times and shall be delivered to the Designer for the Owner's purposes prior to the Designer's certifying Substantial Completion of the Work. 6.6 At completion of the Project and before Final Payment, the Contractor shall assemble and deliver to the Owner one complete set of all as-built drawings and one complete set of all approved submittals, product data, and samples which were reviewed by the Designer. These drawings and submittals shall be on paper, or in electronic or other media if required by the Supplementary Conditions. These drawings and submittals shall be categorized and packaged as directed by the Designer. ARTICLE 7. CONTRACTOR 7.1 The Contractor shall supervise and direct the Work efficiently and with the Contractor's best skill and attention. Except as may be set forth specifically in the Contract Documents, the Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs in connection with the Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. 7.2 The Contractor shall appoint a Project Manager and shall keep on the Project at all times during its progress a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Owner except under extraordinary circumstances, in which event immediate written notice shall be given to the Designer and the Owner. The Project Manager and the Resident Superintendent may be the same person or different persons. At any time, the Owner, in its sole and absolute discretion, may require the Contractor to replace the Project Manager or Resident Superintendent with an experienced and competent person or persons upon seven (7) days written notice from the Owner to the Contractor. Such replacement shall be at the Contractor's expense and at no cost to the Owner. Both the Project Manager and the Resident Superintendent shall have authority to act on behalf of the Contractor, and instructions, directions or notices given to either of them shall be as binding as if given to the Contractor. 7.3 The Contractor shall provide sufficient competent and suitably qualified personnel, equipment, and supplies to lay out the Work and perform construction as required by the Contract Documents. The Contractor will at all times maintain good discipline and order at the site, and will comply with all applicable OSHA standards. Any person employed by the Contractor, any Subcontractor, or any sub-subcontractor who, in the opinion of the Designer or the Owner, does not perform his Work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Owner or Designer, be removed forthwith by the Contractor, Subcontractor, or sub-subcontractor employing such person without cost to the Owner, and shall not be employed again in any portion of the Work without the written approval of the Owner or Designer. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 19 Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution of the Work within three (3) days after written order, the Owner may withhold further payment by written notice until compliance with such order. 7.4 If, in the opinion of the Designer or the Owner, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, he shall be replaced by the Contractor with no increase in the Contract Price if and when directed by the Designer or the Owner in writing. 7.5 The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools appliances, fuel, light, heat, and all other facilities and incidentals necessary for the execution, maintenance, initial operation, and completion of the Work, other than those specifically excluded by the Contract Documents and to be furnished by the Owner or others. When use or storage of hazardous materials or equipment or methods of more than ordinary risk are necessary in accomplishing the Work, the Contractor shall give the Owner and Designer reasonable advance notice. If any materials are to be furnished or installed by the Owner or others under the terms of the Contract Documents, said materials shall be made available to the Contractor at the location(s) specified in the Contract Documents. All costs of handling, transportation from the specified location to the Project, storage, and installing of Owner-furnished materials shall be included in the Contract Price. The Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such Owner-furnished material. The Owner shall deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good any such damage, loss, or efficiency. All equipment which is proposed to be used in the Work shall be of sufficient size and in such mechanical condition as to meet the requirements of the Work and produce a satisfactory quality of work. Equipment used on any portion of the Work shall be such that no injury to previously completed Work, adjacent property, or existing facilities shall result from its use. When the methods and equipment to be used by the Contractor accomplishing the Work are not prescribed in the Contract Documents, the Contractor shall be free to use any methods or equipment that will accomplish the Work in conformity with the requirements of the Contract Documents. When the Contract Documents specify the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Designer. If the Contractor desires to use a method or type of equipment other than specified in the Contract Documents, the Contractor may request authority from the Designer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it shall be on the condition that the Contractor shall be fully responsible for producing Work in conformity with the requirements of the Contract Documents. If, after trial use of the substituted methods or equipment, the Designer determines that the Work produced does not meet the requirements of the Contract Documents, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining Work with the specified methods and equipment at no additional cost to the Owner. The Contractor shall remove any deficient Work and replace it with Work of Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 20 specified quality, or take such other corrective action as the Designer may direct. No change in the Contract Price or in Contract Time shall be made as a result of authorizing a change in methods or equipment under this paragraph. 7.6 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Project site in their original packages or containers with seals unbroken and labels intact. Materials shall be so stored as to assure the preservation of their quantity, quality and fitness for the Work. Stored materials, even though approved before storage, may again be inspected by the Designer or Owner prior to their use in the Work and shall meet the requirements of the Contract Documents at the time they are incorporated into the Work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Designer and the Owner. Materials to be stored at the Project or on the Owner's property shall not create an obstruction to the Owner's or other contractor's reasonable activities. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Owner a copy of the property owner's permission. All storage sites on private or the Owner's property shall be restored to their original condition by the Contractor at his entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 7.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processor, except as otherwise provided in the Contract Documents. 7.8 The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omissions of the Contractor's own employees. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor or supplier and the Owner or the Designer, or any obligation on the part of the Owner or the Designer to pay or see to the payment of any money due any such Subcontractor or material furnisher except as may otherwise be required by law. The Owner or the Designer may furnish to any Subcontractor or supplier, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. 7.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors. 7.10 The Contractor agrees to bind specifically every Subcontractor to the terms and conditions of the Contract Documents for the benefit of the Owner and to furnish written evidence thereof to the Designer and the Owner within seven (7) days after written request by the Owner. 7.11 The Contractor shall attend job progress conferences and all other meetings or conferences as directed by the Designer. The Contractor shall be represented at these job progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. Job progress conferences shall be open to Subcontractors, suppliers and any others who may contribute beneficially toward maintaining Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 21 required job progress, and such personnel shall be encouraged by the Contractor to attend. It shall be the principal purpose of job progress conferences to effect coordination, cooperation and assistance in every practical way toward the end of maintaining progress of the Project on schedule and to complete the Work and the Project by the specified Completion Dates. The Contractor shall be prepared to assess progress of the Work as required in the Contract Documents and to recommend remedial measures for correction of progress as may be appropriate. The Designer shall preside as chairman and arrange for minutes to be taken and circulated. In the event that the prosecution of the Work is discontinued for any reason, the Contractor shall notify the Designer and the Owner at least forty-eight (48) hours in advance of resuming operations. Should the terms of the Contract Documents require completion of one or more portions of the Work for the Beneficial Occupancy of the Owner prior to completion of the entire Work, the Contractor shall complete such portion(s) of the Work on or before the date specified. Such completion shall include the obtaining of all government or other permits, permission, and/or approvals necessary to occupancy. The Contractor shall independently estimate the difficulties involved in arranging the Work to permit such Beneficial Occupancy and shall not claim any additional compensation or time extension by reason of any delay or increased cost due to completing such portion(s) of the Work. The Owner's possession and use of such portion(s) of the Work shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. The Owner shall be responsible for the security, maintenance, utilities, and insurance of all portions of the Work completed and beneficially occupied by the Owner. 7.12 The Contractor shall pay all license fees and royalties, and assume all costs incident to the use of any invention, design process, or device which is the subject of patent rights or copyrights held by others, except for inventions, design processes, or devices specified by the Designer in the Contract Documents. The Contractor shall indemnify and hold harmless the Owner, the Designer, and anyone directly employed by either of them, from and against all claims, damages, losses and expenses, including attorney's fees and costs of defense, arising out of any infringement or alleged infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any actual or alleged infringement of such rights. 7.13 The Contractor shall secure and pay for all permits, including without limitation construction permits and licenses, and will pay all governmental charges and inspection fees necessary for the prosecution of the Work. 7.14 The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work and shall protect and indemnify the Owner and the Owner's officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or by the Contractor's employees, Subcontractors, sub-subcontractors, or their employees. 7.15 The Contractor shall be responsible for the entire site of the Project (except those under the Beneficial Occupancy of the Owner) and for its reasonable and necessary protection and security, as required by laws or ordinances governing such conditions, or by custom or sound construction practices, and shall share such responsibilities as may be agreed upon among Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 22 them, or in the absence of such agreement, as may be directed by the Contract Documents, Owner, or Designer. The Contractor shall be responsible for any damage to the Owner's property, or that of others, by the Contractor or the Contractor's employees, Subcontractors, sub-subcontractors, or their employees or agents, and shall make good such damages. The Contractor shall be responsible for and pay for any such claims against the Owner. 7.16 The Contractor shall protect all landscaping designated to remain in the vicinity of the operations and barricade all walks, roads, and areas as necessary to keep the public away from the construction. 7.17 The Contractor shall provide cover and/or protect all portions of the Work and provide all materials necessary to protect the Work whether performed by the Contractor or any of the Subcontractors or sub-subcontractors. Any Work damaged through the lack of proper protection, or from any other cause, shall be repaired or replaced without extra cost to the Owner or extension to the Contract Time. The Contractor shall maintain the Work during construction and until the Work is accepted. This maintenance shall constitute continuous and effective effort prosecuted day by day, with adequate equipment and forces so that the Work is maintained in satisfactory condition at all times. All costs of maintenance shall be included in the Contract Price and the Contractor will not be paid an additional amount for such effort. Should the Owner or Designer observe that the Contractor at any time has failed to maintain the Work as provided herein, the Designer may immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. Should the Contractor fail to properly respond to the Designer's notification, the Owner may, at the Contractor's expense, take such action as it may deem appropriate to remedy the defective maintenance, including suspension of the Contractor's Work or any part thereof. Any such expense incurred by the Owner shall be deducted from monies due or to become due the Contractor. Parking lots, streets, and walks connecting to the Project area shall be protected by the Contractor from deposits of mud, sand, stone, litter, or debris in any form. Pedestrian traffic areas around the construction limits must be maintained in a clean and safe condition at all times with required barricades and covered walkways. When excavation or other operations outside the Project limits is required, the Contractor shall, immediately following that work, return the area to its original condition. All catch basins and storm drain lines in the vicinity of the Project site shall be protected at all times from entry of dirt, rubble and other debris. The residue from the cleaning of trucks, wheelbarrows, concrete buggies, etc. must be prevented from entering the drainage system, and if cleaning is done, the residue must be contained and removed from the Project site with other refuse. 7.18 No burning of refuse or debris shall be allowed inside or around the Project during the course of construction without written authority from authorities having jurisdiction and the Owner. 7.19 The Contractor shall provide for and maintain necessary safety measures and safety programs for the protection of all persons involved with the Work. Such measures and programs Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 23 shall include the requirements of the most current edition of the CAGC Safety and Health Manual [or the AGC Accident Prevention Manual in Construction], or equivalent requirements, and shall fully comply with all Federal, State, and local laws, rules, regulations, and building code requirements relating to the prevention of accidents or injuries to persons on or about the location of the Work. All trenches, excavations, or other hazards in the vicinity of the Work shall be well barricaded, and properly lighted at night. When Work requires closing of an area normally used by the Owner or the public, the Contractor shall furnish, erect, and maintain temporary barricades, and properly light the area. The Contractor shall comply with any directions and public authorities in this respect. 7.20 The Contractor shall designate a responsible officer or employee as safety inspector, whose duties shall include accident prevention on the Project as well as implementation of the Contractor's safety measures and safety programs on the Project. The name of the safety inspector shall be made known to the Designer and the Owner at the preconstruction conference. 7.21 In emergencies affecting the safety of persons, the Work, or property at the Project site or adjacent thereto, the Contractor is obligated to act in the Contractor's discretion to prevent threatened damage, injury, or loss. As soon as practicable, the Contractor shall notify the Designer and Owner of such emergency. The Contractor shall give the Designer and the Owner prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused by such emergency. If the Contractor believes that additional work done in an emergency entitles the Contractor to an increase in the Contract Price or an extension of the Contract Time, the Contractor may make a claim therefore as provided in Articles 14 and/or 15. 7.22 The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by the Work. At least weekly and at the completion of the Work, the Contractor shall remove all waste materials and rubbish from and about the Project. At the completion of the Work, the Contractor shall remove all tools, construction equipment, machinery, and surplus materials. The Contractor shall leave the Work in condition for occupancy by the Owner such that no cleaning or other operations are required. Material cleared from the Project and deposited on adjacent property shall not be considered as having been disposed of satisfactorily. If the Contractor fails to keep the Project clean of waste materials or rubbish, fails to satisfactorily clean-up weekly or at the completion of the Work, the Owner may do so and the costs thereof may be deducted from any amounts due the Contractor. 7.23 Utilities, temporary facilities, and signs shall be provided as described in the Contract Documents. Absent a contrary direction in the Supplementary Conditions, the Contractor shall pay all bills for water, electricity, or other public utility service to the Project site. 7.24 The Contractor shall indemnify and hold the Owner, the Designer, the Designer's consultants, and their officers, agents, and employees harmless against all costs, damages, and expenses, including attorney's fees and costs of defense, arising out of claims by any separate contractor or by any Subcontractor, sub-subcontractor, or supplier engaged by or employed by the Contractor or employed by any of the Subcontractors claiming through him, including without limitation damages, losses, and expenses arising out of or relating to any Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 24 inconvenience, delay, interference, or other action or non-action of the Contractor or the Contractor's Subcontractors on the Project. The Contractor acknowledges that should the Contractor or any of the Contractor's Subcontractors be damaged by any breach of contract by any other separate prime contractor on the Project, the Contractor may invoke applicable dispute resolution procedures with said other separate prime contractor or bring a direct civil action against said other separate prime contractor. The Contractor hereby expressly agrees that neither the Owner nor its officers, agents, or employees shall have any liability of any kind or nature whatsoever to the Contractor, its Subcontractors, sub-subcontractors, or suppliers arising out of or relating to any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor. The Contractor covenants not to sue the Owner for any loss or damage caused by any breach, inconvenience, delay, interference, or other action or non-action by any other separate prime contractor, notwithstanding whatever rights at law the Contractor might have to bring a civil action against the Owner for any breach, inconvenience, delay, interference, or other action or non-action of any other separate prime contractor. The Contractor agrees to look exclusively to the other prime contractor for relief or remedy. Nothing contained herein or appearing anywhere in the Contract Documents shall obligate or require the Owner to exercise any right or privilege, or to take any action or to refrain from taking any action under any contract it may have with any other prime contractor or party to the Project for the benefit of the Contractor or any Subcontractor, subSubcontractor, or supplier claiming through the Contractor. 7.25 Prior to completion of the Work and Final Payment of the Contract Price, excepting only those portions of the Work deemed accepted in accordance with the Contract Documents, the Contractor shall have charge and care of the Work, and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall as required by the Owner replace, rebuild, repair, restore, and make good all injury or damage to any portion of the Work occasioned by any of the above causes before Final Completion and shall bear the expenses thereof. 7.26 In the event that the Work, or any portion thereof, is suspended at any time pursuant to an order of the Owner, the Contractor shall obey all instructions of the Owner regarding storage of materials, drainage, protection of the Work, and erection of temporary structures during the suspension period. 7.27 The Project Expediter for the Project shall be responsible for the coordination of the Work of itself and any other separate contractors, both as to space and time. The Project Expediter shall coordinate the implementation of the Contract Construction Schedule, all construction activities and close-out of the Project, including but not limited to all testing, inspection, certifications, and approvals required by public agencies. The Contractor and the Project Expediter shall each be required to notify the Designer and the Owner promptly of any event or condition which could affect the conduct or progress of the Work and shall cooperate fully with all other contractors on the Project site. 7.28 The Owner hereby delegates to the Project Expediter all of its duties to coordinate and to Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 25 expedite the Work not expressly reserved to the Owner by other provisions of the Contract Documents. 7.29 All Work performed pursuant to the Contract Documents shall conform in all respects to the North Carolina State Building Code and all other state, local, and national codes in effect at the time of and applicable to this Work. 7.30 The Contractor shall provide for and maintain necessary safety measures and safety programs for the protection of all persons at the Project site, and shall comply at all times with the requirements of the most current edition of the CAGC Safety and Health Manual [or the AGC Accident Prevention Manual in Construction], or the equivalent requirements of the Contractor's safety program, and shall fully comply with all Federal, State, and local laws, rules, regulations, and building code requirements so as to prevent accidents or injuries to persons on or about the Project site. The Contractor shall clearly mark or post signs warning of existing hazards, and shall barricade excavations, elevator shafts, stairways, and similar hazards. The Contractor shall protect against damage or injury resulting from falling materials, and shall maintain all protective devices and signs throughout the progress of the Work. 7.31 The Contractor shall adhere to the rules, regulations, and interpretations of the North Carolina Department of Labor's Occupational Safety and Health Standards for the Construction Industry (29 CFR Part 1926 as adopted in 13 NCAC 07F.0201, including 29 CFR Part 1910 General Industry Safety and Health Standards applicable to construction) and N.C. Gen. Stat. §95-126 through 155 (Occupational Safety and Health) as well as all revisions and amendments to such standards or statutes as may occur throughout the performance of the Work. 7.32 Any land disturbing activity performed by the Contractor in connection with the Project shall comply with all erosion control measures set forth in the Contract Documents and any additional measures which may be required in order to ensure that the Project is in full compliance with the Sedimentation Pollution Control Act of 1973, as implemented by Title 15 North Carolina administrative Code, Chapter 4, Sedimentation Control, Subchapters 4A, 4B and 4C, as amended (15 NCAC 4A, 4B, and 4C), and as may be revised or amended in the future. Upon receipt of notice that a land-disturbing activity is in violation of said Act, the Contractor shall be responsible for ensuring that all steps or actions necessary to bring the Project in compliance with said Act are promptly taken. The Contractor shall be responsible for all penalties assessed pursuant to N.C. Gen. Stat. 113A-64 with respect to its Work, and shall indemnify and hold harmless the Owner from all costs and expenses, including attorney's fees and costs of defense arising out of or related to the enforcement of the Act against any party or person described in this Article. 7.33 Any mechanical or electrical work such as sleeves, inserts, chases, etc. located in the Work of the Contractor for general work shall be built in by that Contractor. On multiple prime projects, the mechanical and electrical contractors shall set all sleeves, inserts, and other devices built into the structure in cooperation and under the supervision of the Contractor for general work. The responsibility for exact location of such items shall be that of the mechanical, plumbing, or electrical prime contractor. 7.34 The Contractor shall be responsible for permanently fixed service facilities and systems in use during progress of the Work and shall strictly adhere to the following procedures: Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 26 a) Prior to acceptance of the Work by the Owner, the Contractor shall remove and replace any part of the permanent building systems damaged through use during construction. b) Temporary filters shall be installed in each of the heating and air conditioning units, return air grilles, and other locations to prevent intrusion of dust, dirt, and debris during construction. Temporary filters shall be removed and replaced with new filters immediately prior to Substantial Completion. c) Extra effort shall be maintained to keep the building clean and under no circumstances shall air systems be operated if finishing operations are creating dust in excess of what would be considered normal if the building were occupied. d)When the permanent lighting system is used during construction, lamps shall be replaced and shall be new on the date of Substantial Completion. ARTICLE 8. OWNER 8.1 The Owner shall issue communications and notices to the Contractor through the Designer to the extent contemplated by the Contract Documents. 8.2 In case of termination of the employment of the Designer, the Owner shall appoint as Designer a qualified person who shall have and assume all rights and duties held by the original Designer. 8.3 The Owner shall have the right to take possession of and use any portion of the Work notwithstanding the fact that the time for completion of such portion of the Work may not have expired, but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. 8.4 A waiver on the part of the Owner of any breach of any part of the Contractor shall not be held to be a waiver of any other or subsequent breach. 8.5 The Owner shall pay all permanent acreage fees, governmental impact fees, and meter deposits for permanent utilities. ARTICLE 9. CONSTRUCTION MANAGER 9.1 The Owner may employ one or more Construction Managers for the purpose of assisting the Owner, Designer, and Contractor in developing and administering budgets and cost controls, in evaluating constructability and value engineering proposals, in establishing and maintaining a critical path method (CPM) schedule, in coordinating and/or expediting the Work with other projects being constructed by the Owner or others adjacent or near the Work, or for such other purposes as the Owner may deem appropriate. From time to time the Owner may identify such Construction Managers(s) to the Contractor in writing identifying any tasks assigned to such Construction Managers(s). ARTICLE 10. DESIGNER Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 27 10.1 The Designer is charged with the responsibility of interpretation of the Contract Documents. The Designer's decisions relating to aesthetic matters shall be final. 10.2 All Work completed under the Contract Documents shall be subject to review by the Designer. No Work is to be covered without the Designer's review or prior authorization. Any Work so covered without the Designer's review or prior authorization shall be uncovered at the Contractor's expense. The Contractor shall notify the Designer in writing at least twenty-four (24) hours in advance of covering any Work. 10.3 The Designer shall not be responsible for the construction means, methods, techniques, sequences, procedures, or the safety precautions and programs incident thereto, and shall not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents, but shall be entitled to enforce any requirements in the Contract Documents specifying particular means, methods, techniques, sequences, or procedures. 10.4 The Designer shall be an Owner's representative during the construction period. The duties, responsibilities and authority of the Designer as the Owner's representative during construction are as set forth in the Contract Documents. ARTICLE 11. TESTING AND SURVEYING 11.1 Laboratory and field tests to determine compliance of construction with the Contract Documents shall be made by the Owner or testing consultants employed by the Owner except those required elsewhere in the Contract Documents to be paid for by the Contractor. The costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor and are included in the Contract Price. Any Work in which untested materials are used without approval or written permission of the Designer shall be removed and replaced at the Contractor's expense. Work found to be unacceptable or unauthorized will not be paid for and, if directed by the Designer shall be removed and replaced at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of ASTM or other generally recognized or specifically authorized methods which are current on the date of advertisement for bids shall be made at the expense of the Owner; provided, however, in the event that after such testing any Work is found to be defective or does not meet the requirements of the Contract Documents, the costs of retesting such Work and the costs of inspection services shall be paid by the Contractor. Samples shall be taken by a testing laboratory employed by the Owner. All materials being used are subject to inspection, tests, or rejection at any time prior to or during incorporation into the Work. Copies of all Owner test reports will be furnished to the Contractor at his written request. Copies of Contractor test reports shall be furnished to the Designer upon written request. 11.2 The Owner shall have the right to deduct the costs of additional testing as described in paragraph 11.1 from any money due the Contractor; or if no money is due the Contractor, the Owner shall have the right to recover these costs from the Contractor, from its sureties, or from both. 11.3 All layouts and surveying shall be accomplished by properly qualified personnel duly licensed in the State of North Carolina. ARTICLE 12. SEPARATE CONTRACTS Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 28 12.1 It is expressly understood that the Owner may deploy the Owner's own employees or engage other separate prime contractors to perform Work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate construction activities with such other contractors, particularly with respect to access to work areas, storage of materials, and use of elevators and other common facilities. The Contractor shall diligently and in good faith cooperate with the Owner, the Designer, and all other contractors with respect to such matters and shall regularly and faithfully attend any and all meetings called by the Owner or the Designer with respect to such matters. Any disputes between the Contractor and any other separate prime contractor with respect to such matters shall be resolved in accordance with the claim and dispute resolution procedures in the Agreement. ARTICLE 13. CONTRACT TIME 13.1 Within fourteen (14) days after receipt of the Construction Contract by the Contractor for signatures, the Project Expediter shall prepare and submit to the Designer and Owner for review and approval a preliminary progress schedule for the Work pursuant to the requirements stated in the Contract Documents. 13.2 Within fourteen (14) days after initial receipt of the Construction Contract for signatures the Contractor shall submit to the Designer a Submittal Register listing all Submittals the Contractor is required to make or proposes to make under the Contract Documents, the dates on which the Contractor proposes to make such Submittals and the dates by which the Contractor reasonably requires a response from the Designer with respect to each Submittal. The dates submitted shall be incorporated into the Contract Construction Schedule as Completion Dates when they have been approved or modified by the Owner. The Designer shall not be required to review any Submittal from the Contractor until a Submittal Register acceptable to and approved by the Owner has been submitted by the Contractor. 13.3 Not later than thirty (30) days following execution and delivery of the Construction Agreement by Owner to Contractor, the Owner shall deliver to the Contractor a Notice to Proceed. The Notice to Proceed shall state a commencement date on which it is expected that the Contractor will begin the Work to be performed under the Agreement. The Contract Time shall be measured from said specified commencement date. The commencement date stated in the Notice to Proceed shall not be earlier than three (3) days after the Notice to Proceed is served on the Contractor. If, other than by mutual agreement, said specified commencement date is more than thirty (30) days after the date of execution and delivery of the Agreement from Owner to Contractor and the Contractor believes said delay justifies an increase in Contract Price and/or an extension of Contract Time, the Contractor may make a claim therefore as provided in Article 14 and/or Article 15. No Work shall be done prior to the date specified in the Notice to Proceed. A final Contract Construction Schedule shall be submitted for approval by the Contractor, Designer, and Owner no later than fourteen (14) days after Notice to Proceed. No payments shall be due the Contractor until this schedule is approved by all parties. 13.4 The Contract Construction Schedule is a Contract Document. The Contractor represents that the Contract Construction Schedule has been reviewed in detail, that the Contractor Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 29 participated in its preparation, that all of the activities which impact, limit, or otherwise affect the time of completion of the Work are shown in the Contract Construction Schedule and that all of the activities of others which impact, limit, or otherwise affect the start, duration, or completion of the Contractor's activities are also shown. The Contractor further represents that the Contractor can and will complete each activity within the time shown for that activity. Time is of the essence with respect to each such activity and Completion Date. 13.5 If the Contractor submits a construction schedule, progress report, or any other document that indicates or otherwise expresses an intention to achieve completion of the Work prior to any Completion Date required by the Contract Documents or prior to expiration of the Contract Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete the Work shall be created or implied. 13.6 If the Contractor, for reasons beyond the Contractor's control, is delayed in beginning any activity, the Contractor shall, nevertheless, have the same number of days as is shown in the Contract Construction Schedule for the activity, and the affected activity and any succeeding activity that is dependent upon that activity shall be adjusted accordingly; provided that at any time the Owner, by means of a Change Order, may require the Contractor to work overtime, to increase labor forces or to take any necessary or appropriate action to decrease the time required for any activity, and the Contractor shall be entitled to an adjustment in the Contract Price computed in accordance with Article 15 of these General Conditions. 13.7 At any time, the Owner may order the Contractor, on seven (7) days written notice, to begin any activity earlier than the starting date shown on the Contract Construction Schedule. 13.8 Should the Contractor fail to start any activity on the start date shown in the Contract Construction Schedule or as it may have been adjusted in accordance with paragraphs 13.5 or 13.6 above, or become delayed, the Contractor shall, without being entitled to any increase in the Contract Price or other compensation, work overtime, increase labor forces or take such other action as may be necessary or appropriate to complete the activity by the Completion Date shown on the Contract Construction Schedule, or as such Completion Date may have been adjusted. 13.9 The Designer and Owner or his Construction Consultant shall monitor progress of the work at all times and the Contractor shall cooperate with such monitoring and provide any and all information with respect to the progress of the Work and scheduling as the Owner may reasonably require. 13.10 On a monthly basis, the Contractor shall revise the Contract Construction Schedule, showing any adjustments made in accordance with paragraphs 13.5 or 13.6, above, by any Change Order, the progress of the Work, and any days gained or days lost with respect to any activity, and shall furnish copies thereof to the Owner and Designer. 13.11 Should any monthly revision of any Contract Construction Schedule show that the Contractor is behind on any activity, the late completion of which could delay Substantial Completion of the Work, the Owner shall be entitled to withhold from the next Progress Payment due the Contractor an amount not exceeding the amount the Owner would be entitled to in Liquidated Damages, should Substantial Completion be delayed by the same number of days that the Contractor is currently behind schedule. If, subsequently, the Contractor's progress, as Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 30 shown by any succeeding monthly revision to the Contract Construction Schedule, is such that the anticipated delay no longer exists, the Owner shall pay with the Progress Payment next due to the Contractor such amounts as have been withheld in accordance with this paragraph. 13.12 The Owner shall have the right to perform Work, hire and employ labor and craftsmen, rent equipment, subcontract with other parties, or do anything that the Owner deems necessary or appropriate to remedy or cure any delay by the Contractor in the progress of the Work. Such action by the Owner shall not, in any way, affect, void or limit any warranty, guaranty or other responsibility of the Contractor under the Contract Documents. Such action may be taken by the Owner only after three (3) days written notice to the Contractor. All costs incurred by the Owner in taking any such action shall be charged to the Contractor and deducted from any amounts remaining due under the Agreement. 13.13 The Contractor may be entitled to an extension of the Contract Time (but no increase in the Contract Sum)for delays arising from unforeseen causes beyond the control and without the fault or negligence of the Owner, the Contractor or the Contractor's Subcontractors as follows: a) Labor disputes and strikes that directly impact the critical path activities of the Contract Construction Schedule; b) Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage completed Work or stored materials. c) Acts of the public enemy; acts of the State, Federal, or local government in their sovereign capacities. d) Abnormal inclement weather as defined in Article 13.14. 13.14 On any day that the Contractor considers that the Project is delayed by adverse weather conditions, the Contractor shall identify in writing to the Designer and the Owner the adverse weather conditions affecting each activity, the specific nature of the activity affected, the number of hours lost, and the number of and identity (by responsibility or trade) of workers affected and shall obtain from the Designer written recognition of the delay. The time for performance of this Contract includes an allowance for a number of calendar days which may not be suitable for construction Work by reason of adverse weather. The Contract Time will be extended only if the number of calendar days of adverse weather recognized by the Designer exceeds the number of inclement weather days set forth below, and the Contractor demonstrates how this adverse weather impacts activities on the critical path of the Contract Construction Schedule. Month Number of Inclement Weather Days January 10 February 10 March 10 April 9 May 10 June 9 July 11 August 10 September 8 October 7 Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 31 November 8 December 9 13.15 If the Contractor believes that the progress of the Work has been adversely affected by adverse weather recognized by the Designer during a particular month, the Contractor shall submit a written request for extension of time to the Designer. Such a request for time extension of the Contract Time shall be submitted by the tenth (10th) day of the month following that month in which the adverse weather is encountered. The request shall include, but is not limited to, the following information: a) Detailed description of weather's effect on scheduled activities and its net effect on the critical path of the Project, and b)Weather records from the official weather station nearest the Project site and records of actual observation as contained in daily reports, correspondence, or other documentation. 13.16 The Contractor specifically recognizes that a delay by the Contractor in achieving any Completion Date can have the effect of delaying the Substantial Completion of the Project, that such delay in Substantial Completion of the Project will necessarily cause damages, losses, and expenses to the Owner, including, but not limited to and by way of illustration only, increased capitalized costs and interests for the Project, increased and extended Project overhead, Designer's and Consultant's fees, increased costs of construction, increased and extended operation costs of other facilities, and inefficiency and loss of productivity, and that such damages, losses, and expenses may not be readily identifiable or ascertainable at the time they are incurred or at any time. Therefore, and in recognition of these factors and the likelihood that actual damages from his delay will not be readily ascertainable, the Contractor agrees to pay to the Owner, as Liquidated Damages and not as a penalty, the sum identified in the Contract Documents hereto as the Liquidated Damages per Day, for each day by which the failure to meet any Completion Date shown in the Contract Construction Schedule, adjusted in accordance with this Article, delays the Substantial Completion of the Project. 13.17 The Contractor shall not be entitled to any adjustment in the Contract Price or other compensation from the Owner for any delay in the completion of or progress on the Work that is caused by a force majeure condition or is otherwise not caused by the sole and direct act or omission of the Owner and the Owner's employees or agents. 13.18 The sum for Liquidated Damages is the amount stated in the Contract Documents as Liquidated Damages reasonably estimated in advance to cover the losses to be incurred by the Owner by reason of failure of said Contractor(s) to complete the Work within the time specified, such time being in the essence of this contract and a material consideration thereof. ARTICLE 14. CHANGES IN THE WORK 14.1 Without invalidating the Contract Documents, the Owner may, at any time, or from time to time order additions, deletions, or revisions in the Work. Said additions, deletions, or revisions shall be authorized only by written Change Orders, Construction Change Directives or Field Orders. Upon receipt of a Change Order, Construction Change Directive or Field Order, the Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any change causes an increase or decrease in the Contract Price and/or an extension or shortening of the Contract Time, adjustments shall be made as provided in Article 14 and/or Article 15. In order to expedite the Work and avoid or minimize delay in the Work that might affect the Contract Price or Contract Time, the Designer Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 32 may issue a Change Order in the form of a Construction Change Directive which when signed by the Owner and Designer, directs the Contractor to proceed promptly with the Work involved. Any claim for an adjustment in Contract Price or Time, if not defined in the Construction Change Directive, shall be promptly made in writing in accordance with the procedures defined in Article 15.2. 14.2 The Designer may authorize minor changes or alterations in the Work not involving change in the Contract Price or in the Contract Time and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. Such alterations shall not invalidate the Contract Documents nor release the surety. If the Contractor believes that any minor change or alteration authorized by the Designer entitles him to an increase in the Contract Price and/or an extension of Contract Time, he may make a claim therefore as provided in Article 14 and/or Article 15. 14.3 Except in an emergency endangering life or property, no change shall be made by the Contractor except upon prior written Change Order, Directive or Field Order authorizing such Change. 14.4 Increases in the Contract Price and/or extensions of the Contract Time for additional Work performed by the Contractor shall only be in accordance with a written Change Order signed by the Owner and Designer. The Contractor shall not be entitled to additional time or to additional compensation for any Work performed or material supplied which is claimed to have been authorized or settled by an "oral" change, or by a "constructive" or"implied" change, or by a course of conduct, or by any action or non-action by the Owner, Designer, or any other persons, or by any means whatsoever other than by a written Change Order for such Work or material signed by the Owner and the Designer. 14.5 Changes in the Work resulting from emergency shall not invalidate the Contract Documents nor release the surety. 14.6 Neither the Owner nor the Designer shall be responsible for verbal instructions which have not been confirmed in writing, and in no case shall such instructions be interpreted as permitting a departure from the Contract Documents unless such instruction is confirmed in writing and supported by a proper Change Order, Construction Change Directive or Field Order, whether or not the cost is affected. 14.7 The Owner, in its sole discretion, may require that the Contractor notify the Contractor's sureties of any changes affecting the general scope of the Work or change in the Contract Price, and that the amount of applicable bonds shall be adjusted accordingly. If this requirement is exercised, the Contractor shall furnish proof of such adjustment to the Designer and the Owner. If this requirement is exercised, the Change Orders shall require written consent of the Contractor's surety. At the time of signing a Change Order, the Contractor shall be required to certify as follows: "I certify that all sureties have been notified that my contract has been altered by the amount of this Change Order, and that a copy of the approved Change Order will be mailed to all sureties upon its receipt by me." If this requirement is exercised, no payment to the Contractor on account of any Change Order shall become due or payable until written evidence Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 33 of the surety's consent to the Change Order has been furnished to the Designer and to the Owner, and the furnishing of such written consent is a condition precedent to such payment. 14.8 The Contractor shall support all requests for Change Orders with a detailed cost breakdown showing cost of materials, labor, equipment, transportation, other items, Contractor's overhead and profit, and total cost, in accordance with methods defined in this Article, and, if the request seeks an extension of the Contract Time, with a time-related diagram which demonstrates specifically why an increase in construction time is needed. 14.9 When a request for a Change Order involves a Subcontractor, the Contractor shall provide quotation from same on Subcontractor's letterhead. The Subcontractor's quote shall list materials, equipment, and labor separately, and show overhead and profit in the manner provided in paragraph 14.8. ARTICLE 15. CHANGE OF THE CONTRACT PRICE 15.1 The Contract Price constitutes the total compensation payable to the Contractor for performing all Work under the Contract Documents. All duties, responsibilities, and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price. The Contract Price may only be changed by a Change Order. 15.2 Any claim for an adjustment in the Contract Price shall be in writing and written notice of any event, action, or non-action which may become the basis of a claim shall be delivered to the Owner and the Designer within three (3) days of the occurrence of any such event, action or non-action giving rise to the claim. Such written notice is a condition precedent to the making of a claim, and such notice shall describe the basis of the potential claim with reasonable detail and clarity. A claim shall be made in writing and shall be delivered to the Designer and the Owner no later than fourteen (14) days after such notice. The claim shall describe in detail the basis for the claim, with specific reference to any provisions of the Contract Documents, by paragraph, drawing number, or other specific identification, and shall state the amount claimed and how it is calculated. If the Contractor, at the time the claim is made, is unable to state the amount claimed with accuracy, the Contractor shall so state and provide the estimated amount and the basis on which the amount is to be calculated. At the earliest date practicable, but in no event more than thirty (30) days after Contractor's notice of claim, the Contractor shall supplement the claim with an accurate statement of the amount claimed and how it has been calculated. The Contractor shall provide, in writing, in support of the claim all such explanations, arguments, data, receipts, expert opinions, or other documents or information as the Contractor deems appropriate to be considered in support of the claim. A claim may properly be rejected by the Owner by reason of the Contractor's failure to submit adequate or accurate documentation or information, except that within seven (7) days after being given notice that the claim has been rejected on this basis, the Contractor may submit additional documentation or information. No claim for a change of the Contract Price shall be considered or granted (except solely at the discretion of the Owner) unless a claim is so made, nor shall the Contractor be entitled to any increase in the Contract Price unless the Contractor has given notice and made such a written claim within the times required. The Owner shall decide, after obtaining the advice of the Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 34 Designer, whether an increase in Contract Price is warranted, and the amount of such increase shall be determined as provided in paragraph 15.4 through 15.5, below. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. The Owner shall advise the Contractor of its decision with respect to the claim within fourteen (14) days of its receipt, or of the receipt of additional documentation or information if the absence of such has previously been the basis of rejection of the claim; provided, however, that if, in its sole discretion, the Owner deems that review or consideration of any part of the claim or any matter related thereto by its governing Board is necessary or appropriate, it shall so advise the Contractor and shall provide its decision to the Contractor within seven (7) days after such Board consideration, review or action. Any claim on which the Owner has not provided its decision to the Contractor within the applicable time period shall be deemed denied. If the Contractor is not satisfied with the decision of the Owner, the Contractor may within seven (7) days of receipt of the Owner's decision initiate the mediation process as described in Appendix A to the General Conditions of the Contract for Construction. 15.3 In determining the amount of a Contract Price adjustment, the parties shall apply the following methods, as appropriate: (A) Change in Work: The Owner and Contractor shall negotiate in good faith and attempt to agree upon the value of any change (extra or decrease) in Work prior to the issuance of a Change Order covering said Work. Such Change Order shall set forth the corresponding adjustment to the Contract Price. In the event the Owner and the Contractor are unable to agree, the Owner shall grant an equitable adjustment in the Contract Price. (B) Emergency Work: In the event of emergency endangering life or property, the Contractor may be directed by the Designer to proceed on a time and material basis, whereupon the Contractor shall so proceed and keep accurately, in such form as may be required by the Designer, a correct account of costs together with all proper invoices, payrolls, and supporting data therefore. 15.4 Where the Contract Price is to be adjusted, the following limitations shall apply in determining the amount of adjustment: (A) In the case of extra or emergency work, the Contract Price shall not be increased by more than the reasonable, actual, and documented net cost of the extra or emergency work plus ten percent (10%) of such net cost on Work performed by the Contractor and five percent (5%) thereof on any subcontracted Work for overhead and profit combined. (B) In the case of a decrease in Work, the Contract Price shall not be decreased by less than the net cost of the deleted Work plus five percent (5%) of such direct net cost for profit and overhead. The term 'net cost' as used herein shall include, as applicable, and shall be limited to, all direct labor, direct material, direct equipment, labor burden, sales taxes, shipping and handling charges, permits and fees, and insurance and bond premium adjustments, if any, attributable to the change. All other items of cost shall be considered as overhead and covered by the percentages allowed in sections A and B of this paragraph. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 35 The Contractor shall provide worksheets or tabulations describing the method by which the direct net cost was calculated, and shall provide all data needed to support the calculation of the direct net cost, all in a form acceptable to the Owner. 15.5 Where the Contract Price is to be adjusted by negotiation, the Owner may authorize and designate the Designer to negotiate with the Contractor on behalf of the Owner; provided, however, any agreement reached between the Contractor and Designer shall be subject to approval by the Owner. ARTICLE 16. UNFORESEEN CONDITIONS 16.1 Should the Contractor encounter unforeseen conditions at the Project site materially differing from those shown on the Drawings or indicated in the Specifications or differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, the Contractor shall immediately, and in no event more than three days later, give notice to the Owner of such conditions before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the conditions and if they find that they materially differ from those shown on the Drawings or indicated in the Specifications, they shall at once make such changes in the Drawings and/or Specifications as they may find necessary. Any increase or decrease in the Contract Price resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Work and changes. However, neither the Owner nor the Designer shall be liable or responsible for additional work, costs, or changes to the Work that could have been reasonably determined from any reports, surveys, and analyses made available for the Contractor's review or that could have been discovered by the Contractor through the performance of its obligations pursuant to the Contract Documents. ARTICLE 17. CORRECTION OF WORK BEFORE FINAL PAYMENT 17.1 The Owner has the authority to stop or suspend work, and the Designer has the authority to order Work removed or to order corrections of defective Work or Work not in compliance with the Contract Documents where such action may be necessary to ensure successful completion of the Work. Any work, materials, fabricated items, or other parts of the Work which have been found by the Designer to be defective or not in accordance with the Contract Documents shall be condemned and shall be removed from the Project by the Contractor, and immediately replaced by new Work in accordance with the Contract Documents at no additional cost to the Owner. Work or property of the Owner or others damaged or destroyed by virtue of such condemned Work shall be made good at the expense of the Contractor. Correction of condemned Work described above shall be commenced by the Contractor within twenty-four (24) hours after notice from the Designer or the Owner and shall be pursued to completion. Should the Contractor fail to proceed reasonably with the abovementioned corrections, the Owner may, three (3) days after the notice specified in the preceding sentence, proceed with correction, paying the cost, including costs of uncovering such condemned Work, of such corrections from amounts due or to become due to the Contractor. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 36 Condemned Work removed shall be the property of the Contractor and shall be removed from the Project by him within ten (10) days after notice to remove it, and if not then removed, thereafter may be disposed of by the Owner without compensation to the Contractor and the cost of such disposal shall be deducted from amounts due or to become due to the Contractor. Should the cost of correction of the Work and, if applicable, disposal of the condemned Work by the Owner exceed amounts due or to become due the Contractor, then the Contractor and the Contractor's sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 18. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION; WARRANTIES AND GUARANTIES 18.1 Neither the final certificate, Final Payment, occupation of the premises by the Owner, nor any provision of the Contract Documents, nor any other act or instrument of the Owner or the Designer shall relieve the Contractor from responsibility for negligence, defective material or workmanship, or failure to comply with the Contract Documents. 18.2 The Contractor shall, at the Contractor's sole cost and expense, make all necessary repairs, replacements, and corrections of any nature or description, interior or exterior, structural or non-structural, that shall become necessary by reason of defective workmanship or materials which appear within a period of one (1) year from the date of Substantial Completion; provided, however that notwithstanding the preceding, if any longer guarantee period is specified for any particular materials or workmanship under the Contract Documents, or under any subcontract, or in connection with any manufactured unit which is installed in the Project, or under the laws of the State of North Carolina, the longer guarantee period shall govern. 18.3 If, within any guarantee period, repairs or changes are required in connection with the Work, which are rendered necessary as the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the Contract Documents, the Contractor shall, promptly upon receipt of notice from the Designer and without expense to the Owner: a) Completely repair or replace the Work so that it conforms to the Contract Documents; b) Correct all defects therein; c) Make good all damage which, in the opinion of the Designer, is the result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the Contract Documents; and d) Make good any Work or material, or any equipment or contents disturbed in fulfilling any such guarantee. If, in fulfilling the requirements of the Contract Documents or of any guarantee embraced therein or required thereby, the Contractor disturbs any work, facility, premises, or construction belonging to the Owner, the Contractor shall restore such disturbed work to a condition satisfactory to the Owner, and shall guarantee such restored work to the same extent as if it were Work under the Contract Documents. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 37 If the Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, the Owner may have the defects corrected, and the Contractor and the Contractor's ureties shall be liable for all expenses incurred. "Promptly" is defined as within twenty-four (24) hours for systems necessary to normal operation of the building and within seventy-two (72) hours for all other items. All special guarantees applicable to definite parts of the Work that may be shown in or required by Contract Documents shall be subject to the terms of this paragraph during the first year of the life of such special guarantee. Manufacturer's standard guarantees or warranties which do not comply with the time limit specified herein shall be extended by the Contractor automatically without further action on the part of the Owner or the Designer. 18.4 In the eleventh calendar month after the date of Substantial Completion, and at the request of the Owner, the Contractor, the Owner and the Designer shall make an inspection of the Work for the purpose of identifying defective workmanship and/or materials. If the Contractor, having been requested to do so by the Owner, fails to participate in such inspection, the Contractor shall be conclusively bound by any decision or ruling by the Designer as to any defective workmanship or material and as to the Contractor's responsibility for its repair or replacement. ARTICLE 19. OWNER'S RIGHT TO DO WORK 19.1 If, during the progress of the Work or during any period of guarantee, the Contractor fails to prosecute the Work properly or to perform any provision of the Contract Documents, the Owner, after three (3) days written notice to the Contractor from the Designer, or from the Owner after Final Payment, may perform or have performed that portion of the Work and may deduct the cost thereof from any amounts due or to become due the Contractor. Notwithstanding any action by the Owner under this paragraph, all warranties and bonds given or to be given by the Contractor shall remain in effect or shall be given by the Contractor. 19.2 Should the cost of such action by the Owner exceed the amount due or to become due the Contractor, the Contractor and his sureties shall be liable for and shall pay to the Owner the amount of such excess. ARTICLE 20. PARTIAL PAYMENTS 20.1 Within thirty (30) days after his initial receipt of the Construction Contract for signatures, the Contractor shall submit to the Designer a Schedule of Values. The Schedule of Values shall indicate the value of the Work, including applicable overhead and profit, for each Division and section of the Project Specifications. The Designer and Owner shall be provided with the Contractor's estimate papers, Subcontractor agreements, supplier quotes, or other documents substantiating these values if so requested in writing by the Designer. The Contractor shall provide the requested documentation within seven (7) days after receipt of the Designer's written request. The Schedule of Values shall be subject to approval by the Owner, and if the Owner and the Contractor cannot agree upon the Schedule of Values, the Designer shall prepare it, and the Schedule of Values as prepared by the Designer shall be binding on the Owner and the Contractor. No Request for Payment shall be certified by the Designer until the Designer has issued approval of said Schedule of Values. 20.2 Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Designer a Request for Payment for Work done during the previous calendar month. The Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 38 Request for Payment shall be in form of AIA Document G702 (latest edition) and shall show substantially the value of Work done (including the value of material delivered to the Project or stored by the Contractor at another site, subject to the conditions hereinafter set forth) during the previous calendar month, and shall sum up the financial status of the Work with the following information: a) Total Contract Price, including any adjustment thereto made pursuant to the Contract Documents. b) Value of Work completed and materials properly stored to date. c) Less amount retained. d) Less previous payments. e) Current amount due. f) Balance remaining. The Contractor, upon request of the Designer, shall substantiate the request with invoices, vouchers, payrolls, or other evidence. 20.3 When payment is requested or made on an account of stored materials, such materials must be stored on the Owner's property at such places and in such a manner as may be designated by the Designer. However, in the sole discretion of the Owner, with permission in writing from the Designer and Owner and under such circumstances as may be determined by the Owner, such materials may be stored in a bonded warehouse. The location and conditions for storage of such materials away from the Owner's property in a bonded warehouse shall be within the sole discretion of the Owner. Requests for Payment on account of stored materials shall be accompanied by paid invoices, bills of sale, warehouse receipts, or other documentary evidence establishing Owner's title to such materials, evidence that the stored materials are insured against loss and damage, and such other documentation as required by the Designer. Responsibility for the quantity, quality, and condition of such stored materials, whether stored on the Owner's property or away from the Owner's property, shall remain with the Contractor regardless of ownership or title. No payment shall be made on account of materials stored in a bonded warehouse unless the Contractor has acquired written permission from the Designer for such storage of materials and has complied with all conditions set forth in such permission regarding such storage of materials in a bonded warehouse. 20.4 Any Request for Payment received by the Designer on or before the fifth (5th) of the calendar month shall be certified for payment or returned for re-submission to the Contractor on or before the fifteenth (15th) of the calendar month. The Designer's certification shall be for the amount which was requested or that which the Designer has decided was justly due, and shall state in writing to the Contractor and Owner the reasons for withholding payment of any or all of the amount requested. 20.5 The Designer may fail to certify all or part of any payment requested for any of the following reasons: Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 39 a) Defective Work not corrected. b) Suits, actions, or claims of any character filed against the Contractor, or due to the operations of the Contractor, or information or notice that a suit, action, or claim will be filed or has been made. c) Information or notice that a Subcontractor or a supplier has not received payment. d) The balance unpaid of the Contract Price is insufficient to complete the Work in the judgment of the Designer or Owner. e) Damage to the Owner or another contractor. f) Inability of the Contractor to meet a Completion Date, including an anticipated failure to meet a Completion Date entitling the Owner to withhold anticipated Liquidated Damages in accordance with paragraphs 13.15 and 13.17 hereof. g) Failure to furnish Submittal as required by the Contract Documents on a timely basis in accordance with the Submittal Register. h) Such other reason as to the Designer may appear prudent, proper, or equitable. When grounds for withholding certification have been corrected, the Designer shall so certify to the Owner and the Owner shall make any payment due with respect to such certification as a part of his next payment after such certification. 20.6 No certificate issued or progress payment made shall constitute an acceptance of the Work or any part thereof. 20.7 The amount certified by the Designer for payment shall be ninety-five percent (95%) of the value of Work completed and materials stored since the Designer's last certification as shown on the Request for Payment, less any amounts not certified in accordance with paragraph 20.4, and this amount shall be paid by the Owner on or before the last business day of the month, but payment shall not be past due until not paid within fifteen (15) days thereafter. 20.8 After certification by the Designer that the Work is fifty percent (50%) complete, based on a determination that the Contractor's gross project invoices, excluding the value of materials stored off-site, equal or exceed fifty percent (50%) of the value of the Contract, (except the value of materials stored on-site shall not exceed twenty percent (20%) of the Contractor's gross project invoices for the purpose of determining whether the Project is fifty percent (50%) complete) and the Contractor has provided to the Owner the written consent of its sureties to the cessation of further percentage retention, the amount certified for payment with respect to subsequent Requests for Payment shall be one hundred percent (100%) of the value of Work completed and materials stored since the Designer's last certification as shown on the Request for Payment, less any amounts not certified in accordance with paragraphs 20.4 and 20.5; provided, however, that the aggregate of periodic payments shall not exceed ninety-seven and one half percent (97.5%) of the Contract Price. If the Owner determines that the Contractor's performance under the Contract is unsatisfactory, the Owner may resume withholding percentage retention from each subsequent periodic payment application up to the maximum amount of five percent (5%) of the Contract Price. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 40 ARTICLE 21. FINAL PAYMENT 21.1 If the Work of the Contractor is limited to demolition, pilings, caissons and/or structural steel, the remaining unpaid balance of the Contractor's Contract Price, less a sum equal to five- tenths percent (0.5%) of the Contract Price, shall be paid within sixty days following receipt of the following documents, all of which must be received before payment shall become due: (i) request for payment from the Contractor; (ii) receipt of consent from the Contractor's surety to the payment; and (iii) approval or certification from the Designer that the work performed by the Contractor is acceptable and in accordance with the Contract Documents. 21.2 Except as set forth in paragraph 21.1, within forty five days after Substantial Completion of the Project, the remaining unpaid balance of the Contract Price shall be paid to the Contractor, less an amount equal to two and one-half times the value of punch list work or other work remaining to be completed or corrected, as reasonably estimated by the Owner. 21.3 Upon Substantial Completion, the Designer shall prepare and submit to the Contractor a deficiency list identifying all portions of the Work which are known by the Designer at that time to be incomplete or defective. Within thirty (30) days of receipt of this deficiency list, the Contractor shall complete and correct all items on that list along with all other Work required to achieve Final Completion of the Work. At any time prior to completion of the period of warranty, the Designer may submit to the Contractor a supplemental deficiency list, in which case the Contractor shall complete or correct any and all new items identified on the supplemental deficiency list within the time period stipulated in paragraph 18.3. 21.4 Final Payment of any remaining balance of the Contract Price shall not be due to the Contractor until the Contractor achieves Final Completion of the Project. 21.5 The making and acceptance of Final Payment shall constitute a waiver of all claims by the Owner except: a) Claims arising from unsettled liens or claims against the Contractor. b) Defective Work or materials appearing after Final Payment. c) Failure of the Contractor to perform the Work in accordance with the Contract Documents. d) As conditioned in the Performance Bond. e) Claims made prior to Final Payment which remain unsettled. f) Amounts due arising under Articles 18 and 28. g) Claims for recovery of overpayment based upon incorrect measurement, estimate, or certificate. 21.6 The making and acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those claims previously made in writing pursuant to paragraph 15.2 and Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 41 not finally resolved. 21.7 The Designer shall not authorize Final Payment until all of the Work under the Contract Documents has been certified by the Designer as completed, proper and suitable for occupancy and use, and has been approved by all federal, state and local agencies having jurisdiction. 21.8 The final Request for Payment shall be identified on its face as such and shall be presented by the Contractor to the Designer within thirty (30) days of completion of the Work. Final payment of the retained amount due the Contractor shall be made by the Owner within thirty (30) days after the later of(i)full and Final Completion of all Work required by the Contract Documents, and certification of such Work in accordance with paragraph 20.4; (ii) submission of the affidavits of other documentation required by Article 22; (iii) submission by the Contractor of a Request for Payment identified on its face as final and including the Designer's certification. ARTICLE 22. CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT 22.1 The Final Payment due the Contractor on account of the Contract Documents shall not become due until the Contractor has furnished to the Owner through the Designer: (A) an affidavit by the Contractor signed, sworn, and notarized to the effect that all payments for materials, services, or for any other reason in connection with the Work or performance of the Contract Documents have been satisfied and that no claims or liens exist against the Contractor in connection with the same; (B) affidavits from each Subcontractor and supplier signed, sworn, and notarized to the effect that (i) each such Subcontractor or supplier has been paid in full by the Contractor for all Work performed and/or materials supplied by him in connection with the Project, and (ii) that all payments for materials, services, and for any other reason in connection with the subcontract or supply contract have been satisfied and that no claims or liens exist against the Subcontractor or supplier in connection therewith; and (C) the written consent of the Contractor's sureties to Final Payment. In the event that the Contractor cannot obtain an affidavit, as required above, from any Subcontractor or supplier, the Contractor shall state in the Contractor's affidavit that no claims or liens exist against such Subcontractor or supplier to the best of the Contractor's knowledge, and that if any appear afterwards, the Contractor shall save the Owner harmless for all costs and expenses, including attorneys' fees, on account thereof. ARTICLE 23. ASSIGNMENTS AND SUBCONTRACTS 23.1 The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. Except as may be required under terms of the bonds required by the Contract Documents, no funds or sums of money due or to become due to the Contractor under the Contract Documents may be assigned. ARTICLE 24. MEASUREMENTS 24.1 Before ordering material or doing Work which is dependent for proper size or installation upon coordination with building conditions, the Contractor shall verify all dimensions and shall be responsible for the correctness of same. No consideration will be given for any claim based on differences between the actual dimensions and those indicated in the Contract Documents. Any discrepancies between the Contract Documents and the existing conditions shall be referred to the Designer for adjustment before any Work affected thereby is begun. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 42 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 Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 43 27.1 The Contractor shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and fit it to receive or to be received by Work shown in or which can be reasonably implied from the Contract Documents. ARTICLE 28. DISPUTE RESOLUTION 28.1 The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina, and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. In any dispute arising pursuant to the terms of this Agreement the Parties shall follow and abide by the Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.orangecountVnc.gov/departments/purchasing division/contracts.php). Regardless of the outcome of any dispute each Party shall be responsible for its own legal costs including reasonable attorneys' fees. 28.2 Any person or firm that expressly or impliedly agrees to perform labor or services or to provide material, supplies, equipment, work, performance or payment bonds, insurance or indemnification for the construction of the Project or the Work shall be deemed a party to this Agreement solely for the purpose of this Article 28. The Contractor, by means of its subcontracts, shall specifically require its Subcontractors to be bound by this Article. ARTICLE 29. TAXES 29.1 The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. The Contractor shall maintain all tax records during the life of the Project and furnish the Owner with a complete listing of all taxes paid by taxing authority, invoice number, date, amount, etc. in a form acceptable to the Owner. The Contractor is required to maintain a file showing taxes paid on the Project for three (3) years after Final Payment or turn said documents over to the Owner for his files. 29.2 The following is a list of requirements to be followed by the Contractor in maintaining proper records and reporting the North Carolina Sales and Use Tax and Local Sales and Use Tax. The Contractor shall comply fully with the requirements outlined below, in order that the Owner may recover the amount of the tax permitted under the law. a) It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of his Subcontractors. Such evidence shall be transmitted to the Owner with each pay request regardless of whether taxes were paid in that period. b) The documentary evidence shall consist of a certified statement by the Contractor and each of the Contractor's Subcontractors individually, showing total purchases of materials from each separate vendor and total sales and use taxes paid to each vendor. Certified statements must show the invoice number, or numbers, covered, and inclusive dates of such invoices. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 44 c) Materials used from Contractor's or Subcontractor's warehouse stock shall be shown in a certified statement at warehouse stock prices. d) The Contractor shall not be required to certify the Subcontractor's statements. ARTICLE 30. OPERATION OF OWNER'S FACILITIES 30.1 The Contractor agrees that all Work done under the Contract Documents shall be carried on in such a manner so as to ensure the regular and continuous operation of the adjoining or adjacent facilities. The Contractor further agrees that the sequence of operations under the Contract Documents shall be scheduled and carried out so as to ensure said regular and continuous operation. The Contractor shall not close any areas of construction until so authorized by the Designer. The Contractor shall control operations to assure the least inconvenience to the public. Under all circumstances, safety shall be the most important consideration. ARTICLE 31. THIRD PARTY BENEFICIARY CLAUSE 31.1 It is specifically agreed between the parties executing the Agreement that, with the specific exception set forth paragraph 7.24 hereof, and that exception only, the Contract Documents and the provisions therein are not intended to make the public, or any member thereof, a third-party beneficiary of the Agreement, or to authorize anyone not a party to the Contract Documents to maintain a suit for personal injuries or property damage pursuant to the terms of provisions of the Contract Documents. ARTICLE 32. MEASUREMENT OF QUANTITIES 32.1 All Work completed under the Contract Documents shall be measured by the Contractor using United States customary units of measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of Work performed under the Contract Documents shall be those methods set forth in the Contract Documents or, if not specifically set forth therein, the method generally recognized as conforming to good engineering practice. ARTICLE 33. TERMINATION BY THE OWNER FOR CAUSE 33.1 If the Contractor fails to begin or complete the Work under the Contract Documents within the time specified, or fails to perform the Work with sufficient labor and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably or shall discontinue the prosecution of the Work for three (3) days, or if the Contractor shall become insolvent, be declared bankrupt, commit any act of bankruptcy or insolvency, allow any final judgment to stand against the Contractor or its affiliated companies unsatisfied for a period of forty-eight (48) hours, make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner, the Owner may give notice in writing to the Contractor and the Contractor's sureties of such delay, neglect, or default, specifying the same, and if the Contractor within a period of three (3) days after such notice shall not proceed in good faith and with reasonable speed to correct such delay, neglect, or default in accordance with such notice, the Owner shall have full power and authority, to the extent permitted by law, without violating the Contract Documents, to take the Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 45 prosecution of the Work out of the hands of the Contractor, to appropriate or use any or all materials and equipment at the Project as may be suitable and acceptable, and may enter into an agreement for the completion of the Work or pursue such other methods as in the Owner's opinion shall be necessary or appropriate for the completion of the Work in an acceptable manner. All costs and charges incurred by the Owner in proceeding in accordance with the preceding sentence, including attorney's fees, and all costs incurred by the Owner in completing the Work shall be deducted from any money due or which becomes due the Contractor. If such costs and expenses incurred by the Owner shall be less than the sum which would have been payable under Contract Documents if it had been completed by the Contractor, then the Contractor shall be entitled to receive the difference, but if such costs and expenses shall exceed the sum which would have been payable under the Contract Documents, the Contractor and the Contractor's surety shall be liable to the Owner for and shall pay to the Owner the amount of such excess. ARTICLE 34. TERMINATION OR SUSPENSION BY THE OWNER FOR CONVENIENCE 34.1 The Owner may, without cause, order the Contractor to terminate, suspend, delay, or interrupt the Work in whole or in part for such period of time as the Owner may determine. 34.2 If the Contractor is subsequently ordered by the Owner to resume the Work, any cost or expenses to which the Contractor may be entitled by reason of the suspension, delay, or interruption shall be recovered by means of a Change Order in accordance with Articles 13 and 14 hereof and the Contract Construction Schedule shall be adjusted in accordance with Article 13 hereof. 34.3 In the event of termination by the Owner under this Article, the Contractor shall be entitled to receive the reasonable and documented direct costs incurred prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the Project in a safe and efficient manner, plus ten percent (10%) thereof for overhead and profit, subject to the following conditions: a)When the Contract is terminated before completion of all items of Work, payment shall be made for the actual number of units or items of Work completed at the applicable contract prices, or as mutually agreed for items of Work partially complete. If a mutual agreement cannot be reached, the Owner shall have the authority to make such equitable adjustment as it deems warranted and the Final Payment shall be made accordingly. b) Reimbursement for organization of any Work and moving equipment to and from the job shall be considered when not otherwise provided for in the Contract Documents where the volume of completed Work is too small to compensate the Contractor for those expenses under unit prices. If a mutual agreement cannot be reached, the Owner will have the authority to make such equitable adjustments as it deems warranted and the Final Payment will be made accordingly. c) Materials obtained by the Contractor for the Work that have been inspected and accepted by the Designer and that are not incorporated in the Work shall, at the request of the Contractor, be purchased from the Contractor at the Contractor's actual cost as shown by receipted bills and actual costs records at such points of delivery as may be determined by the Owner. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 46 d) No payment shall be made by Owner to Contractor except as herein above provided. No claim for loss of anticipated profits shall be considered or allowed. e) Termination of the Contract shall not relieve the Contractor of his responsibilities for any completed portion of the Work nor shall it relieve his sureties of their obligation for and concerning any just claims arising out of the Work performed. The Contractor shall not be entitled to any other compensation, including compensation for lost profit, lost opportunity, or any other direct or consequential cost, loss, or damage. ARTICLE 35 MINORITY BUSINESS ENTERPRISE PROGRAM 35.1 The Contractor shall at all times comply with the Orange County Minority Business Enterprise Policy. All documentation substantiating compliance with the requirements of this program shall be delivered to the Owner as stipulated in the Contract Documents. A copy of the Orange County Minority Business Enterprise Policy is included in the Project Manual. ARTICLE 36 E-VERIFY AND DIGITAL SIGNATURES 36.1 By executing the Agreement Contractor affirms Contractor, its agents and subcontractors, are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 36.2 This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 36.3 By executing the Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 36.4 By executing the Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. ARTICLE 37 GENERAL 37.1 If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 37.2 The titles to Articles herein are for convenience only, are not substantive parts of the General Conditions, and are not to be considered in interpreting the Contract Documents. Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 47 END OF GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION-EXHIBIT 1 Revised 12/18 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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 Revised 07/20 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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. Revised 07/20 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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 Revised 07/20 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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. Revised 07/20 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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. Revised 07/20 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA PERFORMANCE BOND Contractor Surety Name: [Full formal name of Contractor] Name: [Full formal name of Surety] Address(principal place of business): Address (principal place of business): [Address of Contractor's principal place of [Address of Surety's principal place of business] business] Owner Contract Name: [Full formal name of Owner] Description (name and location): Mailing address(principalplace of business): [Owner's project/contract name, and location of the project] [Address of Owner's principal place of business] Contract Price: [Amount from Contract] Effective Date of Contract: [Date from Contract] Bond Bond Amount: [Amount] Date of Bond: [Date] (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ❑ None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety)(corporate seal) By: By: (Signature) (Sign a ture)(A ttach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to Contractor,Surety,Owner,or other party is considered plural where applicable. EJCDC®C-610,Performance Bond. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may,within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: EJCDC®C-610,Performance Bond. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 2 of 4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part,without further notice,the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1,5.3,or 5.4,the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs,executors, administrators,successors,and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this paragraph are void or prohibited by law,the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice to the Surety,the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such EJCDC®C-610,Performance Bond. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 3 of 4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 16. Modifications to this Bond are as follows: None. EJCDC®C-610,Performance Bond. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4 of 4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA PAYMENT BOND Contractor Surety Name: [Full formal name of Contractor] Name: [Full formal name of Surety] Address(principal place of business): Address (principal place of business): [Address of Contractor's principal place of [Address of Surety's principal place of business] business] Owner Contract Name: [Full formal name of Owner] Description (name and location): Mailing address(principal place of business): [Owner's project/contract name, and location of [Address of Owner's principal place of business] the project] Contract Price: [Amount,from Contract] Effective Date of Contract: [Date,from Contract] Bond Bond Amount: [Amount] Date of Bond: [Date] (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ❑ None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety)(corporate seal) By: By: (Signature) (Sign a ture)(A ttach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to Contractor,Surety,Owner,or other party is considered plural where applicable. EJCDC®C-615,Payment Bond. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2. have sent a Claim to the Surety(at the address described in Paragraph 13). 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety(at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2. Pay or arrange for payment of any undisputed amounts. 7.3. The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. EJCDC®C-615,Payment Bond. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 2 of 4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 8. The Surety's total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner,Claimants,or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished,will be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1. Claim—A written statement by the Claimant including at a minimum: 16.1.1. The name of the Claimant; 16.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 16.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 16.1.4. A brief description of the labor, materials, or equipment furnished; EJCDC®C-615,Payment Bond. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 3 of 4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 16.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 16.1.7. The total amount of previous payments received by the Claimant; and 16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond is to include without limitation in the terms of"labor, materials, or equipment" that part of the water, gas, power, light, heat,oil,gasoline,telephone service,or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18. Modifications to this Bond are as follows: None. EJCDC®C-615,Payment Bond. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4 of 4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA [Departmental Use Only] TITLE FY NORTH CAROLINA CONSTRUCTION AGREEMENT OVER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the day of , 20 , by and between , (hereinafter called the "Contractor"), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the "County," "Orange County," or "Owner"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the General Conditions which are fully incorporated in this Agreement, the Request for Proposals, designer approved communications and field orders, the Proposal, Construction Documents and Drawings and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement and incorporated General Conditions attached as Exhibit 1. b. Designer approved and stamped construction documents and drawings and written specifications. c. Designer approved communications and field orders. d. Request for Proposals and addenda thereto. e. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible for all of the Work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by (Sheet dated ) b. Written specifications prepared by the Designer. C. proposal dated 120 which fully describes the work to be performed, such work(hereinafter called the "Work"). Revised 04/23 1 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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.oran-eg couniync._og v/departments/purchasing division/contracts.php). Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. f. If activities related to the performance of this Agreement require specific licenses, Revised 04/23 2 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA certifications, or related credentials Contractor represents that it and its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best skill and attention. Except as specifically set forth in the Contract Documents the Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, and for safety precautions and programs in connection with the Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. h. The Contractor shall appoint a competent Project Manager with general authority to manage the Project for the Contractor. The Contractor shall also keep on the Project at all times during the Work of the Contractor a competent Resident Superintendent and necessary assistants who shall not be replaced without prior written approval by the Designer or by the Owner if a Designer is not retained for the Project. i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the Contract Price if and when directed by the Designer. j. The Contractor shall attend all progress conferences and all other meetings or conferences. The Contractor shall be represented at these progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor. Any Work in which untested materials are used without written approval or written permission of the Owner or Designer shall be removed and replaced at Contractor's expense. 1. 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 Revised 04/23 3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Owner on or before the last business day of the month. Owner shall retain five percent (5%) (the"Retainage"). (1) Upon Owner's Representative's certification that fifty percent (50%) of the Work has been satisfactorily completed Retainage shall be reduced to two and one half percent(2%%). (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-(bl)(2)when the project is 50% complete. (iii) Final payment shall not be due to the Contractor until thirty (30) days after Final Completion of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate Affidavit, Indemnification, and Release as required in Section 5.4(e) of Exhibit 1 has been received and approved by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. (i) Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. (ii) This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the Work performed related to a Request for Payment, Owner shall have the authority to withhold payment of the disputed amount until parties resolve their dispute. Failure to pay the Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the Agreement. 6. NON—APPROPRIATION 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. Revised 04/23 4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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. Revised 04/23 5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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 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] Revised 04/23 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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 Revised 04/23 7 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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(<$30k); ❑Exception(#____) Department Affirmation ❑ This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. ❑ Services related to this agreement have already begun or been completed.Description of the nature of the emergency condition that was addressed: Department Director's Signature Date: Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: ❑Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: Office of the Risk Management Officer Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer Date: Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney Date: Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board Date: Revised 04/23 8 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA NOTICE OF AWARD Date of Issuance: Owner: Orange County Owner's Project No.: Engineer: TRC Companies Engineer's Project No.: 2200365 Project: Orange County Solid Waste Drainage Repairs Contract Name: Bidder: Bidder's Address: You are notified that Owner has accepted your Bid dated [date]for the above Contract,and that you are the Successful Bidder and are awarded a Contract for: [Describe Work,alternates,or sections of Work awarded] The Contract Price of the awarded Contract is$[Contract Price]. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work,and Work performed on a cost-plus-fee basis,as applicable. [Number of copies sent] unexecuted counterparts of the Agreement accompany this Notice of Award,and one copy of the Contract Documents accompanies this Notice of Award,or has been transmitted or made available to Bidder electronically. ❑ Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner[number of copies sent] counterparts of the Agreement,signed by Bidder(as Contractor). 2. Deliver with the signed Agreement(s)the Contract security(such as required performance and payment bonds)and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions. 3. Other conditions precedent(if any): [Describe other conditions that require Successful Bidder's compliance] Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award,and declare your Bid security forfeited. Within 10 days after you comply with the above conditions,Owner will return to you one fully signed counterpart of the Agreement,together with any additional copies of the Contract Documents as indicated. Owner: [Full formal name of Owner] By(signature): Name (printed): Title: Copy: Engineer EJCDC®C-510,Notice of Award. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 1 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA NOTICE TO PROCEED Owner: Orange County Owner's Project No.: Engineer: TRC Companies Engineer's Project No.: 2200365 Contractor: Contractor's Project No.: Project: Orange County Solid Waste Drainage Repairs Contract Name: Orange County Solid Waste Drainage Repairs Effective Date of Contract: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on [date Contract Times are to start] pursuant to Paragraph 4.01 of the General Conditions. On that date, Contractor shall start performing its obligations under the Contract Documents. No Work will be done at the Site prior to such date. In accordance with the Agreement: [Select one of the following two alternatives,insert dates or number of days, and delete the other alternative.] The date by which Substantial Completion must be achieved is[date for Substantial Completion,from Agreement], and the date by which readiness for final payment must be achieved is [date for readiness,from Agreement]. [or] The number of days to achieve Substantial Completion is [number of days, from Agreement] from the date stated above for the commencement of the Contract Times, resulting in a date for Substantial Completion of [date, calculated from commencement date above]; and the number of days to achieve readiness for final payment is [number of days,from Agreement] from the commencement date of the Contract Times, resulting in a date for readiness for final payment of [date, calculated from commencement date above]. Before starting any Work at the Site, Contractor must comply with the following: [Note any access limitations, security procedures, or other restrictions] Owner: Orange County By(signature): Name (printed): Title: Date Issued: Copy: Engineer EJCDC®C-550,Notice to Proceed. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 1 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Contractor's Application For Payment No. Application Period: Application Date: To(Owner): From(Contractor): Via(Engineer) Project: Contract: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: APPLICATION FOR PAYMENT Change Order Summary Approved Change Orders 1. ORIGINAL CONTRACT PRICE.......................................................... $ Number Additions Deductions 2. Net change by Change Orders......................................................... $ 3. CURRENT CONTRACT PRICE(Line 1 ±2)....................................... $ 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate) ................................................... $ 5. RETAINAGE: a. %x$ Work Completed..................... $ b. %x$ Stored Material....................... $ c. Total Retainage(Line 5a+Line 5b) ............................................ $ 6. AMOUNT ELIGIBLE TO DATE(Line 4-Line 5c).............................. $ TOTALS 7. LESS PREVIOUS PAYMENTS(Line 6 from prior Application)....... $ 8. AMOUNT DUE THIS APPLICATION.................................................. $ NET CHANGE BY 9. BALANCE TO FINISH,PLUS RETAINAGE CHANGE ORDERS (Column G on Progress Estimate+Line 5 above).......................... $ CONTRACTOR'S CERTIFICATION The undersigned Contractor certifies that: (1)all previous progress payments received Payment of: $ from Owner on account of Work done under the Contract have been applied on (Line 8 or other-attach explanation of other amount) account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this is recommended by: Application for Payment will pass to Owner at time of payment free and clear of all (Engineer) (Date) Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or Payment of: $ encumbrances); and (3) all Work covered by this Application for Payment is in (Line 8 or other-attach explanation of other amount) accordance with the Contract Documents and is not defective. is approved by: (Owner) (Date) By: Date: Approved by: Funding Agency(if applicable) (Date) EJCDC No.C-620(2002 Edition) Page 1 of 3 Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Progress Estimate Contractor's Application For(contract): Application Number: Application Period: Application Date: A B Work Completed E F G Item C D Total Completed % Balance to Specification Description Scheduled From Previous This Period Materials Presently and Stored to Date (F) Finish Section No. Value Application C+D Stored not in C or D C+D+E B B-F Totals EJCDC No.C-620(2002 Edition) Page 2 of 3 Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Progress Estimate Contractor's Application For(contract): Application Number: Application Period: Application Date: A B C D E F G Item Bid Unit Bid Estimated Value Materials Total Completed % Balance to Bid Item No. Description Quantity Price Value Quantity Presently Stored and Stored to (F) Finish Installed not in C Date D+E B B-F Totals EJCDC No.C-620(2002 Edition) Page 2a of 3 Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Stored Material Summary Contractor's Application For(contract): Application Number: Application Period: Application Date: A B C D E F G Shop Drawing Stored Previously Stored this Month Incorporated in Work Invoice No. Transmittal No. Materials Description Date Amount Amount Date Amount Materials Remaining (Month/Year) ($) ($) Subtotal (Month/Year) ($) in Storage($) D+E-F Totals EJCDC No.C-620(2002 Edition) Page 3 of 3 Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SALES TAX REPORT FROM TO PROJECT: CONTRACTOR: OWNER: FOR PERIOD , 20 TO 120 COUNTY NAME OF VENDOR ADDRESS INVOICE DATE AMOUNT N.C. TAX TAX COUNTY being duly sworn, certifies that the foregoing statement of sales taxes paid in connection with the referenced contract is true to the best of his or her knowledge and belief. Signature Title Sworn to before me this day of , 20 . My commission expires , 20 Notary Public ST - 1 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA WORK CHANGE DIRECTIVE NO.: [Number of Work Change Directive] Owner: Orange County Owner's Project No.: Engineer: Draper Aden Associates Engineer's Project No.: 2200365 Contractor: Contractor's Project No.: Project: Orange County Solid Waste Drainage Repairs Contract Name: Date Issued: Effective Date of Work Change Directive: Contractor is directed to proceed promptly with the following change(s): Description: [Description of the change to the Work] Attachments: [List documents related to the change to the Work] Purpose for the Work Change Directive: [Describe the purpose for the change to the Work] Directive to proceed promptly with the Work described herein, prior to agreeing to change in Contract Price and Contract Time, is issued due to: Notes to User—Check one or both of the following ❑ Non-agreement on pricing of proposed change. ❑ Necessity to proceed for schedule or other reasons. Estimated Change in Contract Price and Contract Times (non-binding, preliminary): Contract Price: $ [increase] [decrease] [not yet estimated]. Contract Time: days [increase] [decrease] [not yet estimated]. Basis of estimated change in Contract Price: ❑ Lump Sum ❑ Unit Price ❑ Cost of the Work ❑ Other Recommended by Engineer Authorized by Owner By: Title: Date: EJCDC°C-940,Work Change Directive. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 1 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SECTION 013300-SUBMITTAL PROCEDURES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Submittal schedule requirements. 2. Administrative and procedural requirements for submittals. B. Related Requirements: 1. Section 014500 "Quality Control" for submitting test and inspection reports, and schedule of tests and inspections. 1.3 DEFINITIONS A. Action Submittals: Written and graphic information and physical samples that require Engineer's responsive action. Action submittals are those submittals indicated in individual Specification Sections as "action submittals." B. Informational Submittals: Written and graphic information and physical samples that do not require Engineer's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as "informational submittals." 1.4 SUBMITTAL SCHEDULE A. Submittal Schedule: Submit, as an action submittal, a list of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making corrections or revisions to submittals noted by Engineer and additional time for handling and reviewing submittals required by those corrections. 1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule. 2. Initial Submittal Schedule: Submit concurrently with startup construction schedule. Include submittals required during the first 60 days of construction. List those submittals Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 013300- 1/7 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SUBMITTAL PROCEDURES-013300 required to maintain orderly progress of the Work and those required early because of long lead time for manufacture or fabrication. 3. Final Submittal Schedule: Submit concurrently with the first complete submittal of Contractor's construction schedule. a. Submit revised submittal schedule as required to reflect changes in current status and timing for submittals. 4. Format: Arrange the following information in a tabular format: a. Scheduled date for first submittal. b. Specification Section number and title. C. Submittal Category: Action; informational. d. Name of subcontractor. e. Description of the Work covered. f. Scheduled date for Engineer's final release or approval. g. Scheduled dates for purchasing. h. Scheduled date of fabrication. i. Scheduled dates for installation. j. Activity or event number. 1.5 SUBMITTAL FORMATS A. Submittal Information: Include the following information in each submittal: 1. Project name. 2. Date. 3. Name of Engineer. 4. Name of Contractor. 5. Name of firm or entity that prepared submittal. 6. Names of subcontractor, manufacturer, and supplier. 7. Unique submittal number, including revision identifier. Include Specification Section number with sequential alphanumeric identifier and alphanumeric suffix for resubmittals. 8. Category and type of submittal. 9. Submittal purpose and description. 10. Number and title of Specification Section, with paragraph number and generic name for each of multiple items. 11. Drawing number and detail references, as appropriate. 12. Indication of full or partial submittal. 13. Location(s)where product is to be installed, as appropriate. 14. Other necessary identification. 15. Remarks. 16. Signature of transmitter. B. Options: Identify options requiring selection by Engineer. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC 013300-2/7 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SUBMITTAL PROCEDURES-013300 C. Deviations and Additional Information: On each submittal, clearly indicate deviations from requirements in the Contract Documents, including minor variations and limitations; include relevant additional information and revisions, other than those requested by Engineer on previous submittals. Indicate by highlighting on each submittal or noting on attached separate sheet. D. Electronic Submittals: Prepare submittals as PDF package, incorporating complete information into each PDF file. Name PDF file with submittal number. 1.6 SUBMITTAL PROCEDURES A. Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections. 1. Email: Prepare submittals as PDF package and transmit to Engineer by sending via email. Include PDF transmittal form. Include information in email subject line as requested by Engineer. a. Engineer will return annotated file. Annotate and retain one copy of file as a digital Project Record Document file. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. 3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals. 4. Coordinate transmittal of submittals for related parts of the Work specified in different Sections, so processing will not be delayed because of need to review submittals concurrently for coordination. a. Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Engineer's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. 1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Engineer will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 013300-3/7 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SUBMITTAL PROCEDURES-013300 3. Resubmittal Review: Allow 15 days for review of each resubmittal. D. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block, and clearly indicate extent of revision. 3. Resubmit submittals until they are marked with approval notation from Engineer. E. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. F. Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Engineer's action stamp. 1.7 SUBMITTAL REQUIREMENTS A. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard published data are unsuitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's product specifications. b. Standard color charts. C. Statement of compliance with specified referenced standards. d. Testing by recognized testing agency. e. Application of testing agency labels and seals. f. Notation of coordination requirements. g. Availability and delivery time information. 4. Submit Product Data before Shop Drawings, and before or concurrently with Samples. B. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Identification of products. 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. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 013300-4/7 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SUBMITTAL PROCEDURES-013300 g. Seal and signature of professional engineer if specified. 2. Paper Sheet Size: Except for templates, patterns, and similar full-size Drawings, submit Shop Drawings on sheets at least 12 inches by 18 inches, but no larger than 30 by 42 inches. a. Two opaque (bond) copies of each submittal. Engineer, through Construction Manager,will return one copy. C. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form: 1. Type of product. Include unique identifier for each product indicated in the Contract Documents or assigned by Contractor if none is indicated. 2. Manufacturer and product name, and model number if applicable. 3. Number and name of room or space. 4. Location within room or space. D. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of Engineers and owners, and other information specified. E. Certificates: 1. Certificates and Certifications Submittals: Submit a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. Provide a notarized signature where indicated. 2. Installer Certificates: Submit written statements on manufacturer's letterhead, certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. 3. Manufacturer Certificates: Submit written statements on manufacturer's letterhead, certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. 4. Material Certificates: Submit written statements on manufacturer's letterhead, certifying that material complies with requirements in the Contract Documents. 5. Product Certificates: Submit written statements on manufacturer's letterhead, certifying that product complies with requirements in the Contract Documents. 6. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of AWS B2.1/B2.1M on AWS forms. Include names of firms and personnel certified. F. Test and Research Reports: 1. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for substrate preparation and primers required. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC 013300-5/7 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SUBMITTAL PROCEDURES-013300 2. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location,for compliance with requirements in the Contract Documents. 3. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. 4. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. 5. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. 1.8 CONTRACTOR'S REVIEW A. Action Submittals and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Engineer. B. Contractor's Approval: Indicate Contractor's approval for each submittal with Contractor's signature or seal. Include name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 1. Engineer will not review submittals received from Contractor that do not have Contractor's review and approval. 1.9 ENGINEER'S REVIEW A. Action Submittals: Engineer will review each submittal, indicate corrections or revisions required, and return. 1. PDF Submittals: Engineer will indicate, via markup on each submittal, the appropriate action. B. Informational Submittals: Engineer will review each submittal and will not return it, or will return it if it does not comply with requirements. Engineer will forward each submittal to appropriate party. C. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Engineer. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC 013300-6/7 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SUBMITTAL PROCEDURES-013300 D. Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 013300 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 013300-7/7 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SUBMITTAL FORM Job Name: Submittal No. Date: Description: Contractor's Certification Contract Drawing No.: Specification No.: This document has been detail-checked for accuracy of content and for compliance with the Drawings and Specifications. The information contained herein has been fully coordinated with all involved Sub-Contractors. Construction Company: Date Submitted: Date: Engineer's Review Approved ❑ Approved As Noted ❑ Revise and Resubmit ❑ Rejected ❑ Not Required by Contract Documents ❑ Approval is only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Contractor is responsible for dimensions to be confirmed and correlated at the job site, for information that pertains solely to the fabrica- tion process or to techniques of construction, and for coordination of the work of all trades. TRC Companies By: Date: Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC 013301- 1/1 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SECTION 014500—QUALITY CONTROL PART 1 GENERAL 1.1 REQUIREMENTS INCLUDED A. General quality assurance and control B. References C. Manufacturer's instructions, certificates, field services, and reports D. Testing laboratory services. 1.2 RELATED REQUIREMENTS E. Section 013300 - Submittal Procedures 1.3 GENERAL QUALITY CONTROL F. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. G. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. H. Perform work by persons qualified to produce workmanship of specified quality. I. Secure products in place with positive anchorage devices and sized to withstand stresses, vibration, physical distortion, and disfigurement. 1.4 REFERENCES J. Conform to the referenced standards and Standard Specifications. K. Specific provisions of codes, regulations and standards may be referenced in individual Specifications to assist the Contractor and identify options selected by the Engineer. Such references do not relieve the Contractor from compliance with other applicable provisions of codes, regulations, and standards not specifically referenced. L. Should specified reference standards conflict with Contract Documents, request clarification from Engineer before proceeding. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC 014500- 1/3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA QUALITY CONTROL-014500 1.5 MANUFACTURER'S INSTRUCTIONS AND CERTIFICATES M. Comply with manufacturer's instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Engineer before proceeding. N. When required by individual Specifications Section, submit manufacturer's certificate that products meet or exceed specified requirements. 1.6 MANUFACTURER'S FIELD SERVICES AND REPORTS O. When specified in respective Specification Sections, require supplier, manufacturer, or installer, to provide qualified personnel to observe field conditions, conditions of surfaces and installation; quality of workmanship; start- up of equipment; test, adjust, and balance of equipment as applicable; and to make appropriate recommendations. P. Manufacturer's representative shall submit a written report to Engineer listing observations, site decisions, and instructions that are supplemental or contrary to manufacturer's written instructions. The manufacturer's representative shall certify that the materials and/or equipment has been properly installed and is functioning correctly. 1.7 TESTING Provide all testing specified in individual Specification Sections. All testing services shall be arranged for and paid by the Owner unless otherwise indicated in the Contract Documents. 1.8 INSPECTION AND TESTING LABORATORY SERVICES FOR CONCRETE AND SOILS Q. Where reference is made in the Specifications to tests, inspections, independent designs, etc., such services shall be furnished by a fully qualified independent testing laboratory or firm of inspection engineers. All costs for providing such services shall be paid for by the Owner unless otherwise indicated in the Contract Documents. R. All arrangements for the testing work shall be made by the Contractor. Whenever inclement weather does not provide suitable testing conditions. A minimum of 48 hour notice shall be given to the selected testing agency for any necessary testing. The Contractor shall be responsible for cancellation notice to Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 014500-2/3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA QUALITY CONTROL-014500 the testing agency. Any costs incurred because of failure to provide adequate cancellation notice shall be borne by the Contractor. Owner shall be notified of arrangements made for testing work. S. If a test fails to meet specification requirements, then the area represented by that test shall be reworked and retested at the Contractor's expense. Any additional testing required to verify previously failing tests shall be at the Contractor's expense. All corrective measures shall be documented in the Quality Control reports. D. Test reports shall be supplied to the Engineer within 3 days of the completion of such testing. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 014500-3/3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EROSION AND SEDIMENT CONTROL—0157 00 PART 1 - GENERAL 1.1 Requirements Included A. Contractor shall provide personnel, equipment, materials, and supplies to reduce erosion and control sediment during the Project. B. Contractor shall comply with local and state erosion control regulations and comply (at a minimum) with erosion and sediment controls as set forth on the Drawings. C. Contractor is solely responsible for control of erosion on site and is responsible for taking measures to reduce and control erosion. Measures may be necessary above and beyond those shown on the Drawings, and Contractor shall implement any additional measures that it deems necessary or as required by the NCDEQ Erosion Control inspection personnel. D. Additional compensation will not be paid for measures installed in conjunction with the development and operations of stockpile or borrow areas. Costs for these efforts are already included in the Contract Price. 1.2 Related Requirements A. NCDEQ Erosion and Sediment Control Manual, latest edition B. Section 0150 00—Temporary Facilities and Controls C. Section 3110 00—Site Clearing D. Section 3120 00— Earth Moving PART 2 - PRODUCTS 2.1 General A. All products used for erosion and sediment control will be as specified by the NCDEQ Erosion and Sediment Control Manual, latest edition. PART 3 - EXECUTION 3.1 General A. All activities shall be performed in accordance with the approved erosion control plan. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC 015700- 1/2 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EROSION AND SEDIMENT CONTROL-01S700 B. Prior to significant disturbance of the Site, perimeter erosion control shall be established to reduce uncontrolled drainage from leaving the limits of construction or from reaching US waters. Sediment barriers and basins shall be constructed as soon as possible. 3.2 Installation Contractor shall be responsible for the following activities: A. All measures necessary to provide a continuous siltation barrier shall be down slope from construction activities as indicated on the Drawings or as necessary to reduce sediment runoff. Barriers shall be placed around stockpiled material subject to erosion. B. All measures shall be installed as per the manufacturer's directions and the NCDEQ Erosion and Sediment Control Manual. PART 4 - INSPECTION AND MAINTENANCE 4.1 General A. Erosion and sediment control measures shall be inspected and maintained in accordance with the approved erosion control plan. 4.2 Repairs and Maintenance A. Upon finding that any measure requires repair or maintenance, Contractor shall repair or maintain the measure at no additional cost to Owner in accordance with the approved erosion control plan and the NCDEQ Erosion and Sediment Control Manual. 4.3 Dust Control A. It shall be the sole responsibility of Contractor to adequately control dust that is created as a result of construction on the project. END OF SECTION 0157 00 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 015700-2/2 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SECTION 033000-CAST-IN-PLACE CONCRETE PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: 1. Cast-in-place concrete,including concrete materials,mixture design,placement procedures, and finishes. B. Related Requirements: 1. Section 312000 "Earth Moving" for drainage fill under slabs-on-ground. 1.2 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of the following: blended hydraulic cement, fly ash, slag cement, other pozzolans, and silica fume; materials subject to compliance with requirements. B. Water/Cement Ratio(w/cm): The ratio by weight of water to cementitious materials. 1.3 ACTION SUBMITTALS A. Product Data: For each of the following. 1. Portland cement. 2. Fly ash. 3. Slag cement. 4. Silica fume. 5. Aggregates. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-1/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 6. Admixtures: a. Include limitations of use, including restrictions on cementitious materials, supplementary cementitious materials, air entrainment, aggregates, temperature at time of concrete placement,relative humidity at time of concrete placement, curing conditions,and use of other admixtures. 7. Color pigments. 8. Vapor retarders. 9. Curing materials. a. Include documentation from color pigment manufacturer, indicating that proposed methods of curing are recommended by color pigment manufacturer. 10. Joint fillers. 11. Repair materials. B. Design Mixtures: For each concrete mixture,include the following: 1. Mixture identification. 2. Minimum 28-day compressive strength. 3. Durability exposure class. 4. Maximum w/cm. 5. Calculated equilibrium unit weight, for lightweight concrete. 6. Slump limit. 7. Air content. 8. Nominal maximum aggregate size. 9. Steel-fiber reinforcement content. 10. Synthetic micro-fiber content. 11. Indicate amounts of mixing water to be withheld for later addition at Project site if permitted. 12. Include manufacturer's certification that permeability-reducing admixture is compatible with mix design. 13. Include certification that dosage rate for permeability-reducing admixture matches dosage rate used in performance compliance test. 14. Intended placement method. 15. Submit alternate design mixtures when characteristics of materials,Project conditions, weather,test results, or other circumstances warrant adjustments. C. Shop Drawings: 1. Construction Joint Layout: Indicate proposed construction joints required to construct the structure. a. Location of construction joints is subject to approval of the Architect/Engineer. D. Concrete Schedule: For each location of each Class of concrete indicated in"Concrete Mixtures" Article,including the following: Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-2/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 1. Concrete Class designation. 2. Location within Project. 3. Exposure Class designation. 4. Formed Surface Finish designation and final finish. 5. Final finish for floors. 6. Curing process. 1.4 INFORMATIONAL SUBMITTALS A. Qualification Data: For the following: 1. Installer: Include copies of applicable ACI certificates. 2. Ready-mixed concrete manufacturer. 3. Testing agency: Include copies of applicable ACI certificates. B. Material Certificates: For each of the following, signed by manufacturers: 1. Cementitious materials. 2. Admixtures. 3. Fiber reinforcement. 4. Curing compounds. 5. Floor and slab treatments. 6. Bonding agents. 7. Adhesives. 8. Vapor retarders. 9. Semirigid joint filler. 10. Joint-filler strips. 11. Repair materials. C. Material Test Reports: For the following,from a qualified testing agency: 1. Portland cement. 2. Fly ash. 3. Slag cement. 4. Blended hydraulic cement. 5. Silica fume. 6. Performance-based hydraulic cement. 7. Aggregates. 8. Admixtures: a. Permeability-Reducing Admixture: Include independent test reports,indicating compliance with specified requirements,including dosage rate used in test. D. Research Reports: 1. For concrete admixtures in accordance with ICC's Acceptance Criteria AC198. E. Preconstruction Test Reports: For each mix design. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-3/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA F. Field quality-control reports. 1.5 QUALITY ASSURANCE A. Ready-Mixed Concrete Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that complies with ASTM C94/C94M requirements for production facilities and equipment. 1. Manufacturer certified in accordance with NRMCA's "Certification of Ready Mixed Concrete Production Facilities." B. Laboratory Testing Agency Qualifications: A testing agency qualified in accordance with ASTM C1077 and ASTM E329 for testing indicated and employing an ACI-certified Concrete Quality Control Technical Manager. 1. Personnel performing laboratory tests to be an ACI-certified Concrete Strength Testing Technician and Concrete Laboratory Testing Technician, Grade 1. Testing agency laboratory supervisor to be an ACI-certified Concrete Laboratory Testing Technician, Grade II. C. Field Quality-Control Testing Agency Qualifications: An independent agency, acceptable to authorities having jurisdiction, qualified in accordance with ASTM C1077 and ASTM E329 for testing indicated. 1. Personnel conducting field tests to be qualified as an ACI Concrete Field Testing Technician, Grade 1, in accordance with ACI CPP 610.1 or an equivalent certification program. 1.6 PRECONSTRUCTION TESTING A. Preconstruction Testing Service: Engage a qualified testing agency to perform preconstruction testing on each concrete mixture. 1. Include the following information in each test report: a. Admixture dosage rates. b. Slump. C. Air content. d. Seven-day compressive strength. e. 28-day compressive strength. f. Permeability. 1.7 DELIVERY, STORAGE,AND HANDLING A. Comply with ASTM C94/C94M and ACI 301. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-4/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 1.8 FIELD CONDITIONS A. Cold-Weather Placement: Comply with ACI 301 and ACI 306.1 and as follows. 1. Protect concrete work from physical damage or reduced strength that could be caused by frost,freezing actions,or low temperatures. 2. When average high and low temperature is expected to fall below 40 deg F for three successive days, maintain delivered concrete mixture temperature within the temperature range required by ACI 301. 3. Do not use frozen materials or materials containing ice or snow. 4. Do not place concrete in contact with surfaces less than 35 deg F,other than reinforcing steel. 5. Do not use calcium chloride, salt,or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in mixture designs. B. Hot-Weather Placement: Comply with ACI 301 and ACI 305.1, and as follows: 1. Maintain concrete temperature at time of discharge to not exceed 95 deg F. 2. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade uniformly moist without standing water, soft spots, or dry areas. 1.9 WARRANTY A. Manufacturer's Warranty: Manufacturer agrees to furnish replacement sheet vapor retarder/termite barrier material and accessories for sheet vapor retarder/ termite barrier and accessories that do not comply with requirements or that fail to resist penetration by termites within specified warranty period. 1. Warranty Period: 10 years from date of Substantial Completion. PART2 -PRODUCTS 2.1 CONCRETE, GENERAL A. ACI Publications: Comply with ACT 301 unless modified by requirements in the Contract Documents. 2.2 CONCRETE MATERIALS A. Source Limitations: 1. Obtain all concrete mixtures from a single ready-mixed concrete manufacturer for entire Proj ect. 2. Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-5/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 3. Obtain aggregate from single source. 4. Obtain each type of admixture from single source from single manufacturer. B. Cementitious Materials: 1. Portland Cement: ASTM C 1501C 150M,Type IA. 2. Fly Ash: ASTM C618,Class C or F. 3. Slag Cement: ASTM C989/C989M, Grade 100 or 120. 4. Silica Fume: ASTM C1240 amorphous silica. C. Normal-Weight Aggregates: ASTM C33/C33M,Class 3M coarse aggregate or better,graded. Provide aggregates from a single source. 1. Alkali-Silica Reaction: Comply with one of the following: a. Expansion Result of Aggregate: Not more than 0.04 percent at one-year when tested in accordance with ASTM C 1293. b. Expansion Results of Aggregate and Cementitious Materials in Combination: Not more than 0.10 percent at an age of 16 days when tested in accordance with ASTM C 1567. C. Alkali Content in Concrete: Not more than 4 lb./cu. yd. for moderately reactive aggregate or 3 lb./cu. yd. for highly reactive aggregate, when tested in accordance with ASTM C1293 and categorized in accordance with ASTM C1778, based on alkali content being calculated in accordance with ACI 301. 2. Maximum Coarse-Aggregate Size: 3/4 inch nominal. 3. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement. D. Air-Entraining Admixture: ASTM C260/C260M. E. Chemical Admixtures: Certified by manufacturer to be compatible with other admixtures that do not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride in steel-reinforced concrete. 1. Water-Reducing Admixture: ASTM C494/C494M, Type A. 2. Retarding Admixture: ASTM C494/C494M, Type B. 3. Water-Reducing and-Retarding Admixture: ASTM C494/C494M, Type D. 4. High-Range,Water-Reducing Admixture: ASTM C494/C494M, Type F. 5. High-Range,Water-Reducing and-Retarding Admixture: ASTM C494/C494M, Type G. 6. Plasticizing and Retarding Admixture: ASTM C1017/C1017M,Type 11. 7. Set-Accelerating Corrosion-Inhibiting Admixture: Commercially formulated, anodic inhibitor or mixed cathodic and anodic inhibitor; capable of forming a protective barrier and minimizing chloride reactions with steel reinforcement in concrete and complying with ASTM C494/C494M,Type C. 8. Non-Set-Accelerating Corrosion-Inhibiting Admixture: Commercially formulated,non- set-accelerating, anodic inhibitor or mixed cathodic and anodic inhibitor; capable of Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-6/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA forming a protective barrier and minimizing chloride reactions with steel reinforcement in concrete. 9. Permeability-Reducing Admixture: ASTM C494/C494M, Type S, hydrophilic, permeability-reducing crystalline admixture, capable of reducing water absorption of concrete exposed to hydrostatic pressure(PRAH). a Permeability:No leakage when tested in accordance with U.S. Army Corps of Engineers CRD C48 at a hydraulic pressure of 200 psi for 14 days. F. Color Pigment: ASTM C979/C979M, synthetic mineral-oxide pigments, color stable, nonfading, and resistant to lime and other alkalis. 1. Color: As selected by Architect from manufacturer's full range. G. Water and Water Used to Make Ice: ASTM C94/C94M,potable 2.3 CURING MATERIALS A. Evaporation Retarder: Waterborne,monomolecular film forming,manufactured for application to fresh concrete. B. Absorptive Cover: AASHTO M 182,Class 2,burlap cloth made from jute or kenaf,weighing approximately 9 oz./sq.yd.when dry. C. Moisture-Retaining Cover: ASTM C171,polyethylene film burlap-polyethylene sheet. 1. Color: a. Ambient Temperature Below 50 deg F: Black. b. Ambient Temperature between 50 deg F and 85 deg F: Any color. C. Ambient Temperature Above 85 deg F: White. D. Curing Paper: 8-feet-wide paper, consisting of two layers of fibered kraft paper laminated with double coating of asphalt. E. Water: Potable or complying with ASTM CI602/C1602M. F. Clear,Waterborne,Membrane-Forming,Dissipating Curing Compound: ASTM C309, Type 1, Class B. G. Clear,Waterborne,Membrane-Forming,Nondissipating Curing Compound: ASTM C309, Type 1, Class B H. Clear,Waterborne,Membrane-Forming, Curing Compound: ASTM C309, Type 1, Class B, 18 to 25 percent solids,nondissipating I. Clear, Solvent-Borne,Membrane-Forming, Curing and Sealing Compound: ASTM C1315, Type 1, Class A. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-7/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA J. Clear,Waterborne,Membrane-Forming, Curing and Sealing Compound: ASTM C1315, Type 1, Class A. 2.4 RELATED MATERIALS A. Expansion-and Isolation-Joint-Filler Strips: ASTM D1751,asphalt-saturated cellulosic fiber B. Bonding Agent: ASTM C1059/C1059M,Type II,nonredispersible,acrylic emulsion or styrene butadiene. C. Epoxy Bonding Adhesive: ASTM C881, two-component epoxy resin, capable of humid curing and bonding to damp surfaces, of class suitable for application temperature and of grade and class to suit requirements, and as follows: 1. Types IV and V, load bearing, for bonding hardened or freshly mixed concrete to hardened concrete. 2.5 CONCRETE MIXTURES,GENERAL A. Prepare design mixtures for each type and strength of concrete,proportioned on the basis of laboratory trial mixture or field test data, or both, in accordance with ACI 301. 1. Use a qualified testing agency for preparing and reporting proposed mixture designs, based on laboratory trial mixtures. B. Cementitious Materials: Limit percentage,by weight, of cementitious materials other than portland cement in concrete as follows: 1. Fly Ash or Other Pozzolans: 25 percent by mass. 2. Slag Cement: 50 percent by mass. 3. Silica Fume: 10 percent by mass. 4. Total of Fly Ash or Other Pozzolans, Slag Cement, and Silica Fume: 50 percent by mass, with fly ash or pozzolans not exceeding 25 percent by mass and silica fume not exceeding 10 percent by mass. 5. Total of Fly Ash or Other Pozzolans and Silica Fume: 35 percent by mass with fly ash or pozzolans not exceeding 25 percent by mass and silica fume not exceeding 10 percent by mass. C. Admixtures: Use admixtures in accordance with manufacturer's written instructions. 1. Use water-reducing,high-range water-reducing or plasticizing admixture in concrete,as required, for placement and workability. 2. Use water-reducing and-retarding admixture when required by high temperatures,low humidity, or other adverse placement conditions. 3. Use water-reducing admixture in pumped concrete 4. Use corrosion-inhibiting admixture in concrete mixtures where indicated. 5. Use permeability-reducing admixture in concrete mixtures where indicated. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-8/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA D. Color Pigment: Add color pigment to concrete mixture in accordance with manufacturer's written instructions and to result in hardened concrete color consistent with approved mockup. 2.6 CONCRETE MIXTURES A. Class A: Normal-weight concrete used for footings, grade beams, and tie beams. 1. Exposure Class: ACI 318 FO. 2. Minimum Compressive Strength: 3000 psi at 28 days. 3. Maximum w/cm: 0.50 4. Slump Limit: 4 inches,plus or minus 1 inch. B. Class B:Normal-weight concrete used for foundation walls. 1. Exposure Class: ACI 318 F2 WO CL 2. Minimum Compressive Strength: 4500 psi at 28 days. 3. Maximum w/cm: 0.45 4. Slump Limit: 4 inches,plus or minus 1 inch 5. Air Content: a. Exposure Class F2: 6 percent,plus or minus 1.5 percent at point of delivery for concrete containing 3/4-inch nominal maximum aggregate size. 2.7 CONCRETE MIXING A. Ready-Mixed Concrete: Measure,batch,mix,and deliver concrete in accordance with ASTM C94/C94M,and furnish batch ticket information. B. Project-Site Mixing: Measure,batch, and mix concrete materials and concrete in accordance with ASTM C94/C94M.Mix concrete materials in appropriate drum-type batch machine mixer. 1. For mixer capacity of 1 cu.yd. or smaller, continue mixing at least 1-1/2 minutes,but not more than five minutes after ingredients are in mixer,before any part of batch is released. 2. For mixer capacity 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, mixture time, quantity, and amount of water added. Record approximate location of final deposit in structure. PART 3 -EXECUTION 3.1 EXAMINATION A. Verification of Conditions: Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-9/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 1. Before placing concrete, verify that installation of concrete forms, accessories, and reinforcement, and embedded items is complete and that required inspections have been performed. 2. Do not proceed until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Provide reasonable auxiliary services to accommodate field testing and inspections, acceptable to testing agency,including the following: 1. Daily access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Secure space for storage, initial curing, and field curing of test samples, including source of water and continuous electrical power at Project site during site curing period for test samples. 4. Security and protection for test samples and for testing and inspection equipment at Project site. 3.3 INSTALLATION OF EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining Work that is attached to or supported by cast-in-place concrete. 1. Use setting drawings,templates, diagrams,instructions, and directions furnished with items to be embedded. 2. Install anchor rods, accurately located,to elevations required and complying with tolerances in Section 7.5 of ANSI/AISC 303. 3. Install reglets to receive waterproofing and to receive through-wall flashings in outer face of concrete frame at exterior walls, where flashing is shown at lintels, shelf angles, and other conditions. 3.4 JOINTS A. Construct joints true to line,with faces perpendicular to surface plane of concrete. B. Construction Joints: Coordinate concrete placement sequence. 1. Install so strength and appearance of concrete are not impaired, at locations indicated on Drawings or as approved by Architect. 2. Place joints perpendicular to main reinforcement. a. Continue reinforcement across construction joints unless otherwise indicated. 3. Form keyed joints as indicated. Embed keys at least 1-1/2 inches into concrete. 4. Locate horizontal joints in walls at the top of footings. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-10/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 5. Space vertical joints in walls as indicated on Drawings. Unless otherwise indicated on Drawings, locate vertical joints beside piers integral with walls, near corners, and in concealed locations where possible. C. Control Joints in Slabs-on-Ground: Form weakened-plane control joints, sectioning concrete into areas as indicated. Construct control joints for a depth equal to at least[one-fourth] <Insert depth>of concrete thickness as follows: 1. Grooved Joints: Form control joints after initial floating by grooving and finishing each edge of joint to a radius of 1/8 inch. Repeat grooving of control joints after applying surface finishes. Eliminate groover tool marks on concrete surfaces. 2. Sawed Joints: Form control joints with power saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut 1/8-inch-wide joints into concrete when cutting action does not tear, abrade, or otherwise damage surface and before concrete develops random cracks. D. Isolation Joints in Slabs-on-Ground: After removing formwork, install joint-filler strips at slab junctions with vertical surfaces, such as column pedestals, foundation walls, grade beams, and other locations, as indicated. 1. Extend joint-filler strips full width and depth of joint, terminating flush with finished concrete surface unless otherwise indicated on Drawings. 2. Terminate full-width joint-filler strips not less than 1/2 inch or more than 1 inch below finished concrete surface, where joint sealants, specified in Section 079200 "Joint Sealants," are indicated. 3. Install joint-filler strips in lengths as long as practicable. Where more than one length is required, lace or clip sections together. E. Doweled Joints: 1. Install dowel bars and support assemblies at joints where indicated on Drawings. 2. Lubricate or asphalt coat one-half of dowel bar length to prevent concrete bonding to one side of joint. F. Dowel Plates: Install dowel plates at joints where indicated on Drawings. 3.5 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections are completed. B. Notify Architect and testing and inspection agencies 24 hours prior to commencement of concrete placement. C. Do not add water to concrete during delivery, at Project site, or during placement unless approved by Architect in writing, but not to exceed the amount indicated on the concrete delivery ticket. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-11/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 1. Do not add water to concrete after adding high-range water-reducing admixtures to mixture. D. Before test sampling and placing concrete,water may be added at Project site, subject to limitations of ACI 301,but not to exceed the amount indicated on the concrete delivery ticket. 1. Do not add water to concrete after adding high-range water-reducing admixtures to mixture. E. Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new concrete is placed on concrete that has hardened enough to cause seams or planes of weakness. 1. If a section cannot be placed continuously,provide construction joints as indicated. 2. Deposit concrete to avoid segregation. 3. Deposit concrete in horizontal layers of depth not to exceed formwork design pressures and in a manner to avoid inclined construction joints. 4. Consolidate placed concrete with mechanical vibrating equipment in accordance with ACI 301. a. Do not use vibrators to transport concrete inside forms. b. Insert and withdraw vibrators vertically at uniformly spaced locations to rapidly penetrate placed layer and at least 6 inches into preceding layer. C. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. d. At each insertion, limit duration of vibration to time necessary to consolidate concrete, and complete embedment of reinforcement and other embedded items without causing mixture constituents to segregate. 3.6 FINISHING FORMED SURFACES A. As-Cast Surface Finishes: 1. ACI 301 Surface Finish SF-1.0: As-cast concrete texture imparted by form-facing material. a. Patch voids larger than 1-1/2 inches wide or 1/2 inch deep. b. Remove projections larger than 1 inch. C. Tie holes do not require patching. d. Surface Tolerance: ACI 117 Class D. e. Apply to concrete surfaces not exposed to public view. 2. ACI 301 Surface Finish SF-2.0: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. a. Patch voids larger than 3/4 inch wide or 1/2 inch deep. b. Remove projections larger than 1/4 inch. C. Patch tie holes. d. Surface Tolerance: ACI 117 Class B. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-12/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA e. Locations: Apply to concrete surfaces exposed to public view. B. Related Unformed Surfaces: 1. At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a color and texture matching adjacent formed surfaces. 2. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces unless otherwise indicated. 3.7 INSTALLATION OF MISCELLANEOUS CONCRETE ITEMS A. Filling In: 1. Fill in holes and openings left in concrete structures after Work of other trades is in place unless otherwise indicated. 2. Mix,place, and cure concrete, as specified,to blend with in-place construction. 3. Provide other miscellaneous concrete filling indicated or required to complete the Work. 3.8 CONCRETE CURING A. Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. 1. Comply with ACI 301 and ACI 306.1 for cold weather protection during curing. 2. Comply with ACI 301 and ACI 305.1 for hot-weather protection during curing. 3. Maintain moisture loss no more than 0.2 lb/sq. ft.x h,calculated in accordance with ACI 305.1,before and during finishing operations. B. Curing Formed Surfaces: Comply with ACI 308.1 as follows: 1. Cure formed concrete surfaces,including underside of beams, supported slabs,and other similar surfaces. 2. Cure concrete containing color pigments in accordance with color pigment manufacturer's instructions. 3. If forms remain during curing period,moist cure after loosening forms. 4. If removing forms before end of curing period, continue curing for remainder of curing period, as follows: a. Continuous Fogging: Maintain standing water on concrete surface until final setting of concrete. b. Continuous Sprinkling: Maintain concrete surface continuously wet. C. Absorptive Cover: Pre-dampen absorptive material before application; apply additional water to absorptive material to maintain concrete surface continuously wet. d. Water-Retention Sheeting Materials: Cover exposed concrete surfaces with sheeting material,taping,or lapping seams. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-13/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA e. Membrane-Forming Curing Compound: Apply uniformly in continuous operation by power spray or roller in accordance with manufacturer's written instructions. 1) Recoat areas subject to heavy rainfall within three hours after initial application. 2) Maintain continuity of coating and repair damage during curing period. 3.9 TOLERANCES A. Conform to ACI 117. 3.10 JOINT FILLING A. Prepare,clean, and install joint filler in accordance with manufacturer's written instructions. 1. Defer joint filling until concrete has aged at least one month. 2. Do not fill joints until construction traffic has permanently ceased. B. Remove dirt,debris, saw cuttings, curing compounds, and sealers from joints; leave contact faces of joints clean and dry. C. Install semirigid joint filler full depth in saw-cut joints and at least 2 inches deep in formed joints. D. Overfill joint, and trim joint filler flush with top of joint after hardening. 3.11 CONCRETE SURFACE REPAIRS A. Defective Concrete: 1. Repair and patch defective areas when approved by Architect. 2. Remove and replace concrete that cannot be repaired and patched to Architect's approval. B. Patching Mortar: Mix dry-pack patching mortar, consisting of 1 part portland cement to 2-1/2 parts fine aggregate passing a No. 16 sieve,using only enough water for handling and placing. C. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycombs, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning. 1. Immediately after form removal, cut out honeycombs,rock pockets, and voids more than 1/2 inch in any dimension to solid concrete. a. Limit cut depth to 3/4 inch. b. Make edges of cuts perpendicular to concrete surface. C. Clean, dampen with water, and brush-coat holes and voids with bonding agent. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-14/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA d. Fill and compact with patching mortar before bonding agent has dried. e. Fill form-tie voids with patching mortar or cone plugs secured in place with bonding agent. 2. Repair defects on surfaces exposed to view by blending white portland cement and standard portland cement, so that,when dry,patching mortar matches surrounding color. a. Patch a test area at inconspicuous locations to verify mixture and color match before proceeding with patching. b. Compact mortar in place and strike off slightly higher than surrounding surface. 3. Repair defects on concealed formed surfaces that will affect concrete's durability and structural performance as determined by Architect. D. Repairing Unformed Surfaces: 1. Test unformed surfaces, such as floors and slabs, for finish, and verify surface tolerances specified for each surface. a. Correct low and high areas. b. Test surfaces sloped to drain for trueness of slope and smoothness;use a sloped template. 2. Repair finished surfaces containing surface defects, including spalls, popouts, honeycombs, rock pockets, crazing, and cracks in excess of 0.01 inch wide or that penetrate to reinforcement or completely through unreinforced sections regardless of width,and other objectionable conditions. 3. After concrete has cured at least 14 days,correct high areas by grinding. 4. Correct localized low areas during, or immediately after, completing surface-finishing operations by cutting out low areas and replacing with patching mortar. a. Finish repaired areas to blend into adjacent concrete. 5. Correct other low areas scheduled to receive floor coverings with a repair underlayment. a. Prepare, mix, and apply repair underlayment and primer in accordance with manufacturer's written instructions to produce a smooth, uniform, plane, and level surface. b. Feather edges to match adjacent floor elevations. 6. Correct other low areas scheduled to remain exposed with repair topping. a. Cut out low areas to ensure a minimum repair topping depth of 1/4 inch to match adjacent floor elevations. b. Prepare, mix, and apply repair topping and primer in accordance with manufacturer's written instructions to produce a smooth, uniform, plane, and level surface. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-15/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 7. Repair defective areas, except random cracks and single holes 1 inch or less in diameter, by cutting out and replacing with fresh concrete. a. Remove defective areas with clean, square cuts, and expose steel reinforcement with at least a 3/4-inch clearance all around. b. Dampen concrete surfaces in contact with patching concrete and apply bonding agent. C. Mix patching concrete of same materials and mixture as original concrete, except without coarse aggregate. d. Place, compact,and finish to blend with adjacent finished concrete. e. Cure in same manner as adjacent concrete. 8. Repair random cracks and single holes 1 inch or less in diameter with patching mortar. a. Groove top of cracks and cut out holes to sound concrete,and clean off dust, dirt, and loose particles. b. Dampen cleaned concrete surfaces and apply bonding agent. C. Place patching mortar before bonding agent has dried. d. Compact patching mortar and finish to match adjacent concrete. e. Keep patched area continuously moist for at least 72 hours. E. Perform structural repairs of concrete, subject to Architect's approval,using epoxy adhesive and patching mortar. F. Repair materials and installation not specified above may be used, subject to Architect's approval. 3.12 FIELD QUALITY CONTROL A. Special Inspections: Owner will engage a special inspector to perform field tests and inspections and prepare testing and inspection reports. B. Testing Agency: Owner will engage a qualified testing and inspecting agency to perform tests and inspections and to submit reports. 1. Testing agency to be responsible for providing curing container for composite samples on Site and verifying that field-cured composite samples are cured in accordance with ASTM C31/C31M. 2. Testing agency to immediately report to Architect, Contractor, and concrete manufacturer any failure of Work to comply with Contract Documents. 3. Testing agency to report results of tests and inspections, in writing, to Owner, Architect, Contractor, and concrete manufacturer within 48 hours of inspections and tests. a. Test reports to include reporting requirements of ASTM C31/C31M, ASTM C39/C39M, and ACI 301, including the following as applicable to each test and inspection: 1) Project name. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-16/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 2) Name of testing agency. 3) Names and certification numbers of field and laboratory technicians performing inspections and testing. 4) Name of concrete manufacturer. 5) Date and time of inspection, sampling,and field testing. 6) Date and time of concrete placement. 7) Location in Work of concrete represented by samples. 8) Date and time sample was obtained. 9) Truck and batch ticket numbers. 10) Design compressive strength at 28 days. 11) Concrete mixture designation,proportions, and materials. 12) Field test results. 13) Information on storage and curing of samples before testing, including curing method and maximum and minimum temperatures during initial curing period. 14) Type of fracture and compressive break strengths at seven days and 28 days. C. Batch Tickets: For each load delivered, submit three copies of batch delivery ticket to testing agency, indicating quantity, mix identification, admixtures, design strength, aggregate size, design air content, design slump at time of hatching, and amount of water that can be added at Project site. D. Inspections: 1. Verification of use of required design mixture. 2. Concrete placement, including conveying and depositing. 3. Curing procedures and maintenance of curing temperature. 4. Verification of concrete strength before removal of shores and forms from beams and slabs. 5. Batch Plant Inspections: On a random basis,as determined by Architect. E. Concrete Tests: Testing of composite samples of fresh concrete obtained in accordance with ASTM C 172/C 172M to be performed in accordance with the following requirements: 1. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mixture exceeding 5 cu. yd., but less than 25 cu. yd., plus one set for each additional 50 cu. yd. or fraction thereof. a. When frequency of testing provides fewer than five compressive-strength tests for each concrete mixture,testing to be conducted from at least five randomly selected batches or from each batch if fewer than five are used. 2. Slump: ASTM C143/C143M: a. One test at point of placement for each composite sample,but not less than one test for each day's pour of each concrete mixture. b. Perform additional tests when concrete consistency appears to change. 3. Air Content: ASTM C231/C231M pressure method, for normal-weight concrete. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-17/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA a. One test for each composite sample, but not less than one test for each day's pour of each concrete mixture. 4. Concrete Temperature: ASTM C 1 064/C 1 064M: a. One test hourly when air temperature is 40 deg F and below or 80 deg F and above, and one test for each composite sample. 5. Unit Weight: ASTM C567/C567M fresh unit weight of structural lightweight concrete. a. One test for each composite sample, but not less than one test for each day's pour of each concrete mixture. 6. Compression Test Specimens: ASTM C31/C31M: a. Cast and laboratory cure two sets of three 6-inch by 12-inch or 4-inch by 8-inch cylinder specimens for each composite sample. 7. Compressive-Strength Tests: ASTM C39/C39M. a. Test one set of two laboratory-cured specimens at seven days and one set of two specimens at 7 days. b. Test one set of two laboratory-cured specimens at seven days and one set of two specimens at 28 days. C. A compressive-strength test to be the average compressive strength from a set of two specimens obtained from same composite sample and tested at age indicated. 8. When strength of field-cured cylinders is less than 85 percent of companion laboratory- cured cylinders, Contractor to evaluate operations and provide corrective procedures for protecting and curing in-place concrete. 9. Strength of each concrete mixture will be satisfactory if every 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 if specified compressive strength is 5000 psi, or no compressive strength test value is less than 10 percent of specified compressive strength if specified compressive strength is greater than 5000 psi. 10. 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. 11. Additional Tests: a. Testing and inspecting agency to 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 Architect. b. Testing and inspecting agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C42/C42M or by other methods as directed by Architect. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-18/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 1) Acceptance criteria for concrete strength to be in accordance with ACI 301, Section 1.6.6.3. 12. Additional testing and inspecting, at Contractor's expense,will be performed to determine compliance of replaced or additional work with specified requirements. 13. Correct deficiencies in the Work that test reports and inspections indicate do not comply with the Contract Documents. END OF SECTION 033000 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 033000-19/19 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SECTION 3105 19—GEOTEXTILE FABRICS PART 1 - GENERAL 1.1 Scope A. Provide personnel, equipment, and materials to install the geotextile fabrics as shown on the attached drawings. 1.2 Submittals A. Submit shop drawings and product data for components. A change in the manufacturer shall require resubmittal. PART 2 - PRODUCTS 1.1 General A. Geotextile shall be of the type specified or an approved equal. Manufacturer shall submit a certificate to the Engineer stating the name of the manufacturer, the chemical composition of the filaments or yarns, and other pertinent information so as to fully describe the geotextiles. At a minimum the other pertinent data shall include weight, Elongation, Tensile Strength, and Apparent Opening Size. The manufacturer shall include in the certificate a guarantee stating that the geotextile that is furnished meets the requirements of the Specification for Geotextiles, AASHTO Designation M288-90. 1.2 Materials Properties The geotextile shall meet or exceed the following minimum average roll values: A. Riprap Bedding Underlayment: 1. Fabric Nonwoven needle-punched polypropylene 2. Grab Tensile, lbs., AST D4632— 100 3. Grab Tensile Elongation, %, ASTM D4632—50 4. Puncture, Ibs, ASTM D4833—65 5. AOS, ASTM D4751 -#70 6. Weight, oz/sy, ASTM D5261—4.0 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC 310519- 1/2 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA GEOTEXTILE FABRICS—310519 B. Road and Drainage Channel Underlayment: 1. Fabric Nonwoven needle-punched polypropylene 2. Grab Tensile, lbs., AST D4632—200 3. Grab Tensile Elongation, %, ASTM D4632—50 4. Puncture, Ibs, ASTM D6241- 110 5. AOS, ASTM D4751 -#70 6. Weight, oz/sy, ASTM D5261—8.0 C. The geotextile shall not be exposed to precipitation prior to being installed. The geotextile shall not be exposed to sunlight for more than 15 days unless otherwise specified and guaranteed in writing by the geotextile manufacturer. PART 3 - PACKAGING A. The geotextile shall be uniformly rolled onto a core, and shall be wrapped in plastic to protect the material from moisture and damage during shipment. Protective wrapping shall be left on the geotextile until installation. Rolls shall be externally tagged for easy field identification. External tagging shall include the following: 1. Name of Manufacturer 2. Product Type 3. Product Grade 4. Lot Number 5. Physical Dimensions (length, width &weight) B. The geotextile shall not be exposed to sunlight for more than 15 days unless otherwise specified and guaranteed in writing by the geotextile manufacturer. PART 4 - EXECUTION 1.1 Placement A. Geotextile shall be placed smoothly and in direct contact with the underlying medium. Excessive wrinkles shall not be acceptable. Tears shall be patched. Equipment shall never be run directly on the geotextile. 1.2 Seaming A. Individual panels of the geotextile shall be sewn together or overlapped as site conditions and design dictate. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 310519-2/3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA GEOTEXTILE FABRICS—310519 1.3 Protection from Damage A. Geotextiles should be secured from the wind until cover is placed. Geotextiles shall be covered within two weeks of installation. The Contractor is responsible for damage that occurs to the geotextile during installation and will replace the damaged geotextile at no additional cost. 1.4 Protection from UV A. The geotextile shall not be exposed to sunlight for more than 15 consecutive calendar days unless otherwise specified and guaranteed in writing by the geotextile manufacturer. The Contractor shall replace geotextile that is left exposed for more than 15 consecutive calendar days END OF SECTION 3105 19 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 310519-3/3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SECTION 311000-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. Protecting existing vegetation to remain. 2. Removing existing vegetation. 3. Clearing and grubbing. 4. Stripping and stockpiling topsoil. 5. Stripping and stockpiling rock. 6. Removing above-and below-grade site improvements. 7. Temporary erosion and sedimentation control. B. Related Requirements: 1. Section 015700 "Erosion and Sediment Control" for temporary erosion- and sedimentation-control measures. 1.3 DEFINITIONS A. Subsoil: Soil beneath the level of subgrade; soil beneath the topsoil layers of a naturally occurring soil profile,typified by less than 1 percent organic matter and few soil organisms. B. Surface Soil: Soil that is present at the top layer of the existing soil profile. In undisturbed areas, surface soil is typically called "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;the zone where plant roots grow. D. Topsoil: Top layer of the soil profile consisting of existing native surface topsoil or existing in- place surface soil; the zone where plant roots grow. Its appearance is generally friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects larger than 2 inches (50 mm) in diameter; and free of weeds, roots, toxic materials, or other nonsoil materials. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 311000- 1/6 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SITE CLEARING -311000 E. Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction and indicated on Drawings. F. Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction and indicated on Drawings. G. Vegetation:Trees, shrubs, groundcovers, grass, and other plants. 1.4 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference at Project site. 1.5 MATERIAL OWNERSHIP A. Except for 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. 1.6 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 video recordings. 2. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plant designated to remain. B. Record Drawings: Identifying and accurately showing locations of capped utilities and other subsurface structural, electrical, and mechanical conditions. 1.7 FIELD CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed trafficways 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. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 311000-2/6 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SITE CLEARING -311000 C. Utility Locator Service: Notify "NC 811 —Call Before You Dig" for area where Project is located before site clearing. D. Do not commence site clearing operations until temporary erosion-and sedimentation-control measures are in place. E. Tree-and Plant-Protection Zones: Protect as indicated on drawings. F. Soil Stripping, Handling, and Stockpiling: Perform only when the soil is dry or slightly moist. PART 2 - PRODUCTS 2.1 MATERIALS A. Satisfactory Soil Material: Requirements for satisfactory soil material are specified in Section 312000 "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. B. Verify that trees, shrubs, and other vegetation to remain or to be relocated have been flagged and that protection zones have been identified and enclosed as indicated on the Drawings. C. 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, stormwater conveyance facilities, and walkways, according to erosion- and sedimentation-control Drawings and requirements of authorities having jurisdiction. B. Verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross protection zones. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 311000-3/6 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SITE CLEARING -311000 C. Inspect, maintain, and repair erosion- and sedimentation-control measures during construction until permanent vegetation has been established. D. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal. 3.3 EXISTING UTILITIES A. Owner will arrange for disconnecting and sealing indicated utilities that serve existing structures before site clearing, when requested by Contractor. 1. Verify that utilities have been disconnected and capped before proceeding with site clearing. B. Locate, identify, disconnect, and seal or cap utilities indicated to be removed. C. Locate, identify, and disconnect utilities indicated to be abandoned in place. D. 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 two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Engineer's written permission. E. Excavate for and remove underground utilities indicated to be removed. F. Removal of underground utilities is included in earthwork sections 3.4 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 larger than 2 inches (50 mm) in diameter, obstructions, and debris to a depth of 18 inches (450 mm) below exposed subgrade. 3. Use only hand methods or air spade for 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. 1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches (200 mm), and compact each layer to a density equal to adjacent original ground. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 311000-4/6 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SITE CLEARING -311000 3.5 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 larger than 2 inches (50 mm) in diameter; trash, debris, weeds, roots, and other waste materials. C. Stockpile topsoil away from edge of excavations without intermixing with subsoil or other materials. 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 inches (1800 mm). 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. 4. Stockpile surplus topsoil to allow for respreading deeper topsoil. 3.6 STOCKPILING ROCK A. Stockpile rock away from edge of excavations without intermixing with other materials. Cover to prevent windblown debris from accumulating among rocks. 1. Limit height of rock stockpiles to 36 inches (900 mm). 2. Do not stockpile rock within protection zones. 3. Dispose of surplus rock. Surplus rock is that which exceeds quantity indicated to be stockpiled or reused. 4. Stockpile surplus rock to allow later use by the Owner. 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. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 311000-5/6 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SITE CLEARING -311000 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. B. Burning tree, shrub, and other vegetation waste is not permitted. Burning of other waste and debris is also prohibited. C. 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 311000 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 311000-6/6 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SECTION 312000- 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. 1.2 SUMMARY A. Section Includes: 1. Excavating and filling for rough grading the Site. 2. Preparing subgrades for 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 walks and pavements. 6. Subbase course and base 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 015700 "Erosion and Sediment Control" for management of sediment within the disturbed areas onsite. 2. Section 311000 "Site Clearing" for site stripping, grubbing, stripping and stockpiling topsoil, and removal of above-and below-grade improvements and utilities. 3. Section 329200 "Turf and Grasses" for finish grading in turf and grass areas, including preparing and placing planting soil for turf areas. 1.3 UNIT PRICES A. Work of this Section is affected by unit prices for earth moving specified in Section 012200 "Unit Prices." 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. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-1/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 B. Base Course: Aggregate layer placed between the subbase course and hot-mix asphalt paving. 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: Aggregate layer supporting the slab-on-grade that also minimizes upward capillary flow of pore water. F. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions indicated. 1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by Engineer. Authorized additional excavation and replacement material will be paid for according to Contract provisions for unit prices. 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Engineer. Unauthorized excavation, as well as remedial work directed by Engineer, shall be without additional compensation. G. Fill: Soil materials used to raise existing grades. H. Rock: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders of rock material that exceed 1 cu. yd. (0.76 cu. m) for bulk excavation or 3/4 cu. yd. (0.57 cu. m) for footing, trench, and pit excavation that cannot be removed by rock-excavating equipment equivalent to the following in size and performance ratings, without systematic drilling, ram hammering, ripping, or blasting,when permitted: 1. Equipment for Footing,Trench, and Pit Excavation: Late-model,track-mounted hydraulic excavator; equipped with a 42-inch- (1065-mm-) maximum-width, short-tip-radius rock bucket; rated at not less than 138-hp (103-kW) flywheel power with bucket-curling force of not less than 28,700 Ibf(128 kN) and stick-crowd force of not less than 18,400 Ibf(82 kN)with extra-long reach boom. 2. Equipment for Bulk Excavation: Late-model, track-mounted loader; rated at not less than 230-hp (172-kW) flywheel power and developing a minimum of 47,992-Ibf (213.3- kN) breakout force with a general-purpose bare bucket. I. Rock: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders of rock material 3/4 cu. yd. (0.57 cu. m) or more in volume that exceed a standard penetration resistance of 100 blows/2 inches (97 blows/50 mm) when tested by a geotechnical testing agency, according to ASTM D1586. J. 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. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-2/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 K. 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. L. 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. M. Utilities: On-site underground pipes, conduits, ducts, and cables as well as underground services within buildings. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For qualified testing agency. B. Material Test Reports: For each on-site and borrow soil material proposed for fill and backfill as follows: 1. Classification according to ASTM D2487. 2. Laboratory compaction curve according to ASTM D698. 1.6 QUALITY ASSURANCE A. Geotechnical Testing Agency Qualifications: Qualified according to ASTM E329 and ASTM D3740 for testing indicated. 1.7 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 "NC 811—Call Before You Dig" 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 as indicated in the Drawings are in place. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-3/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 E. Do not commence earth-moving operations until plant-protection measures as indicated 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. 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 Groups GW, GP, GM, SW, SP, and SM according to ASTM D2487, or a combination of these groups; free of rock or gravel larger than 3 inches (75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. C. Unsatisfactory Soils: Soil Classification Groups GC, SC, CL, ML, OL, CH, MH, OH, and PT according to ASTM D2487, or a combination of these groups. 1. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction. D. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D2940/D2940M; with at least 90 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. E. Base Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D2940/D2940M; with at least 95 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 8 percent passing a No. 200(0.075-mm) sieve. F. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D2940/D2940M; with at least 90 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-4/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 G. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D2940/D2940M; except with 100 percent passing a 1-inch (25-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve. H. Drainage Course: Narrowly graded mixture of washed crushed stone, or crushed or uncrushed gravel; ASTM D448; coarse-aggregate grading Size 57; with 100 percent passing a 1-1/2-inch (37.5-mm) sieve and zero to 5 percent passing a No. 8 (2.36-mm) sieve. I. Filter Material: Narrowly graded mixture of natural or crushed gravel, or crushed stone and natural sand; ASTM D448; coarse-aggregate grading Size 67; with 100 percent passing a 1-inch (25-mm) sieve and zero to 5 percent passing a No.4 (4.75-mm)sieve. J. Sand: ASTM C33/C33M; fine aggregate. K. Impervious Fill: Clayey gravel and sand mixture capable of compacting to a dense state. 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. Provide dewatering system of sufficient scope, size, and capacity to control hydrostatic pressures and to lower, control, remove, and dispose of ground water and permit excavation and construction to proceed on dry, stable subgrades. B. Prevent surface water and ground water from entering excavations, from ponding on prepared subgrades, and from flooding Project site and surrounding area. C. 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. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-5/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 D. Dispose of water removed by dewatering in a manner that avoids endangering public health, property, and portions of work under construction or completed. Dispose of water and sediment in a manner that avoids inconvenience to others. 3.3 EXPLOSIVES A. Explosives: Do not use explosives. 3.4 EXCAVATION, GENERAL A. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered. Unclassified excavated materials may include rock, soil materials, and obstructions. No changes in the Contract Sum or the Contract Time will be authorized for rock excavation or removal of obstructions. 1. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock, replace with satisfactory soil materials. B. 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. 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. 3.5 EXCAVATION FOR STRUCTURES A. Excavate to indicated elevations and dimensions within a tolerance of plus or minus 1 inch (25 mm). If applicable, extend excavations a sufficient distance from structures for placing and removing concrete formwork, for installing services and other construction, and for inspections. 1. Excavations for Footings and Foundations: Do not disturb bottom of excavation. Excavate by hand to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades to leave solid base to receive other work. B. Excavations at Edges of Tree-and Plant-Protection Zones: 1. Excavate by hand or with an air spade to indicated lines, cross sections, elevations, and subgrades. If excavating by hand, use narrow-tine spading forks to comb soil and expose Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-6/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 roots. Do not break, tear, or chop exposed roots. Do not use mechanical equipment that rips, tears, or pulls roots. 2. Cut and protect roots according to requirements in Section 015639 "Temporary Tree and Plant Protection." 3.6 EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and subgrades. 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 inches (300 mm) higher than top of pipe or conduit unless otherwise indicated. 1. Clearance: 12 inches (300 mm) each side of pipe or conduit unless otherwise 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. 1. For pipes and conduit less than 6 inches (150 mm) in nominal diameter, hand-excavate trench bottoms and support pipe and conduit on an undisturbed subgrade. 2. For pipes and conduit 6 inches (150 mm) or larger in nominal diameter, shape bottom of trench to support bottom 90 degrees of pipe or conduit circumference. Fill depressions with tamped sand backfill. 3. For flat-bottomed, multiple-duct conduit units, hand-excavate trench bottoms and support conduit on an undisturbed subgrade. 4. Excavate trenches 6 inches (150 mm) deeper than elevation required in rock or other unyielding bearing material to allow for bedding course. D. Trench Bottoms: Excavate trenches 4 inches (100 mm) deeper than bottom of pipe and conduit elevations to allow for bedding course. Hand-excavate deeper for bells of pipe. 1. Excavate trenches 6 inches (150 mm) deeper than elevation required in rock or other unyielding bearing material to allow for bedding course. E. Trenches in Tree-and Plant-Protection Zones: Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-7/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 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. 3.8 SUBGRADE INSPECTION A. Notify Engineer when excavations have reached required subgrade. B. If Engineer determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. C. Proof-roll subgrade below slabs and pavements with a pneumatic-tired and loaded 10-wheel, tandem-axle dump truck weighing not less than 15 tons (13.6 tonnes) 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. Limit vehicle speed to 3 mph (5 km/h). 2. Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting, as determined by Engineer, and replace with compacted backfill or fill as directed. 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 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 (17.2 MPa), may be used when approved by Engineer. 1. Fill unauthorized excavations under other construction, pipe, or conduit as directed by 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. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-8/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 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. 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 (25 mm) in any dimension, in compacted 8 inch lifts, to a height of 12 inches (300 mm) over 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. E. Final Backfill: 1. Soil Backfill: Place and compact final backfill of satisfactory soil to final subgrade elevation. 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. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-9/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 2. Under walks and pavements, use satisfactory soil material. 3. Under steps and ramps, use engineered fill. 4. Under footings and foundations, use engineered fill. 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 2 percent of optimum moisture content. 1. Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.15 COMPACTION OF SOIL BACKFILLS AND FILLS A. Place backfill and fill soil materials in layers not more than 8 inches (200 mm) in loose depth for material compacted by heavy compaction equipment and not more than 4 inches (100 mm) in loose depth for material compacted by hand-operated tampers. B. Place backfill and fill soil materials evenly on all sides of structures to required elevations and uniformly along the full length of each structure. C. Compact soil materials to not less than the following percentages of maximum dry unit weight according to ASTM D698: 1. Under structures and pavements, scarify and recompact top 12 inches (300 mm) of existing subgrade and each layer of backfill or fill soil material at 98 percent. Compact all other layers at 95 percent. 2. Under walkways, scarify and recompact top 6 inches (150 mm) below 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 inches (150 mm) below subgrade and compact each layer of backfill or fill soil material at 95 percent. 4. For utility trenches, compact each layer of backfill soil material at 95 percent. 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. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-10/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 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 (25 mm) 2. Walks: Plus or minus 1 inch (25 mm). 3. Pavements: Plus or minus 1/2 inch (13 mm). 3.17 SUBBASE AND BASE COURSES UNDER PAVEMENTS AND WALKS A. Place base course on subgrades free of mud, frost, snow, or ice. B. On prepared subgrade, place base course under pavements and walks as indicated on Drawings. 1. Shape base course to required crown elevations and cross-slope grades. 2. Place base course 6 inches(150 mm) or less in compacted thickness in a single layer. 3. Place base course that exceeds 6 inches (150 mm) in compacted thickness in layers of equal thickness, with no compacted layer more than 6 inches (150 mm) thick or less than 3 inches (75 mm)thick. 4. Compact base course at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 98 percent of maximum dry unit weight according to ASTM D698. C. Pavement Shoulders: Place shoulders along edges of base course to prevent lateral movement. Construct shoulders, at least 12 inches (300 mm) wide, of satisfactory soil materials and compact simultaneously with each base layer to not less than 98 percent of maximum dry unit weight according to ASTM D698. 3.18 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. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-11/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 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 Engineer. E. Testing agency will test compaction of soils in place according to ASTM D1556, ASTM D2167, ASTM D2937, and ASTM D6938, as applicable. Tests will be performed at the following locations and frequencies: 1. Paved and Building Slab Areas: At subgrade and at each compacted fill and backfill layer, at least one test for every 1000 sq. feet or less of paved area or building slab but in no case fewer than three tests. 2. Wall Backfill: At each compacted backfill layer, at least one test for every 50 feet or less of wall length but no fewer than two tests. 3. Trench Backfill: At each compacted initial and final backfill layer, at least one test for every 50 feet or less of trench length but no fewer than two tests. F. 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. 3.19 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 Engineer; reshape and recompact. 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. 3.20 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. B. Transport surplus satisfactory soil to designated storage areas on Owner's property. Stockpile or spread soil as directed by Engineer. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-12/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EARTH MOVING -312000 1. Remove waste materials, including unsatisfactory soil, trash, and debris, and legally dispose of them off Owner's property. END OF SECTION 312000 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 312000-13/13 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SECTION 313700- RIPRAP PART 1-GENERAL 1.1 DESCRIPTION OF WORK A. The CONTRACTOR shall provide all labor, materials,equipment,tools and appurtenances required to complete the work of furnishing and placing stone riprap,as shown,specified or required. B. Comply with applicable codes, ordinances, rules, regulations and laws of local, municipal, State or Federal authorities having jurisdiction. 1.2 RELATED SECTIONS A. Section 015700—Erosion and Sediment Control B. Section 310519—Geotextile PART 2-PRODUCTS 2.1 ROCK RIPRAP A. Rock riprap shall be constructed using sound, dense, durable stones, or rock fragments,free from crack, pyrite intrusions and other structural defects. B. Riprap shall consist of granite or approved equal. Crushed concrete, construction debris, or limestone shall not be used. Stones which will be used with mortar shall be free from dirt, oil, or other material that might prevent good adhesion with the mortar. Stones with a laminated structure shall be avoided. C. Field stones shall not be used as a source of rock for riprap. Only rock that has been approved by the ENGINEER shall be used for riprap. D. The riprap shall conform to NCDOT requirements for Class of riprap, as defined in contract drawings. E. Shape of the stones shall be generally rectangular or cubic. Flat or elongated stones having a small dimension less than 1/3 of the large dimension shall not be used. 2.2 GROUT A. Grout for grouted rock riprap shall be sand cement grout composed of one part Cement to four parts sand, measured by volume, mixed thoroughly with sufficient water to make a grout of such consistency that it will flow into and completely fill the voids. B. Cement shall be Type I Portland Cement conforming to ASTM C 150. C. Sand shall be cleaned, hard, natural siliceous sand conforming to the requirements of ASTM C 33 and the section entitled "Cast-In-Place Concrete"of these Specifications. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC 313700- 1/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA RIPRAP - 313700 D. Water shall be fresh,clean,portable water free from injurious amounts of oil,acid,alkali,or organic matter. 2.3 SUBMITTALS A. Submit manufacturer's certification of material properties as outlined in Part 2.1 and 2.2 to the Engineer. PART 3—EXECUTION 3.1 EQUIPMENT A. All equipment necessary for the satisfactory performance of the work shall be on hand and approved by the ENGINEER before construction will be permitted to begin. B. The equipment shall include wooden or metal tamps of sufficient weight and number to properly compact the slopes on which the riprap or slope pavement is to be placed. C. Equipment for mixing cement grout or sand cement shall include a mechanical mixer or, if the ENGINEER approves hand mixing for cement grout, a watertight mixing platform or mixing box of adequate size. 3.2 PREPARATION OF FOUNDATION A. Immediately prior to the construction of riprap, the slopes or ground surface shall be trimmed within reasonably close conformity to the lines and grades indicated on the Drawings or as directed by the ENGINEER,and shall be thoroughly compacted by the use of hand or mechanical tamps. B. On slopes, the bottom of the riprap shall be placed at least 2 feet below the natural ground surface, unless otherwise shown or directed. C. No material shall be placed on a frozen or otherwise unsuitable slope. 3.3 PLACEMENT OF GEOTEXTILE UNDERLAYMENT A. Where shown on the Drawings,geotextile underlayment shall be placed under the riprap on the prepared subgrade. B. Geotextile underlayment shall be placed immediately prior to placement of riprap. C. Geotextile underlayment shall be keyed into the existing surface, as shown on the Drawings. Geotextile shall be stapled or anchored in place to prevent displacement during riprap placement. 3.4 CONSTRUCTION OF LOOSE RIPRAP A. Stone riprap shall be placed to thicknesses as indicated on Contract Drawings. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC 313700-2/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA RIPRAP - 313700 B. Stone riprap shall be placed in a manner that will not damage geotextile or other facilities. Riprap shall not be dropped from a height exceeding three feet. C. The quantity of small stones shall be kept as low as possible,sufficient only to fill the voids between the larger stones. Care shall be taken that this small material is well distributed throughout the mass and not allowed to segregate or form pockets of small stone. All bridging shall be broken down. Large interstices, or open channels, or voids shall be filled by chinking or otherwise manipulating the stones. D. The finished riprap surface shall in general conform to the slope lines shown on the Drawings. No objectionable, hazardous, or unsightly projections above the general place surface will be permitted. E. The tolerance in riprap thickness in place shall be-0 to+0.3 feet. 3.5 CONSTRUCTION OF GROUTED RIPRAP A. Grouted rock riprap shall constructed upon the prepared foundation using hand placement and the stone shall be set or placed are close together as is practicable in order to reduce the voids to a minimum. Construction of riprap on slopes shall begin at the bottom and shall progress upward in approximately horizontal layers. B. When rock riprap is constructed in layers,the layers shall be thoroughly tied together with large stones protruding from one layer into the other. C. The standard depth of rock riprap shall be 18 inches, unless otherwise indicated or directed. Rock riprap shall have an average depth for each 25 square feet of not less than the depth indicated on the Drawings or as directed by the ENGINEER, or the standard depth required in these Specifications. D. Each stone shall be bedded with the depth perpendicular to the surface upon which it is set.The length shall be placed as directed by the ENGINEER and each main stone shall be placed against the adjoining stones with sides and ends in contact.The stone shall be placed in such a manner as to stagger all joints as far as it is possible. E. After chinking and filling, the voids between the stones shall be completely filled with grout. Care shall be take to prevent earth or sand from filling the spaces between the stones before the grout is poured. F. This grout shall be mixed either in a one-bag mixer or larger,for not less than 1-1/2 minutes, or it may be mixed by hand in a watertight box of sufficient capacity to accommodate a batch of at least one bag of cement. Hand mixing shall be continued in a manner and for a period satisfactory to the ENGINEER. G. Immediately before pouring the grout, the stones shall be wetted by sprinkling. The grout shall be carefully poured into the voids between the stones. This work shall begin at the lower portions of the riprap and progress upward. The entire bottom line of voids shall be filled with grout before the next line of voids above is poured. The pouring of the grout shall be accomplished by the use of vessels of adequate size and shape. Broadcasting, slopping, or Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC 313700-3/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA RIPRAP - 313700 spilling of grout from the vessels on the surface of the riprap will not be permitted. Progress of pouring shall be sufficiently slow to prevent the grout from oozing from the voids and flowing over the surface. During the pouring operations and continuing until the grout has assumed its initial set fiber brooms shall be used to maintain a uniform distribution over the entire surface. The grouting operations shall continue until such a time as all the voids have been completely filled and the grout has set even with the surface of the riprap. H. As soon as any section of the grouted riprap has hardened sufficiently, it shall be cured by sprinkling with water until is has been covered with burlap, cotton orjute mats, earth or liquid- membrane forming compound.The mats or earth shall be maintained by soaking with water for a period of not less than 72 hours. The water used for wetting and curing the grouted riprap shall be free from salt or alkali. END OF SECTION 3137 00 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, INC 313700-4/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SECTION 329200-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. Hydroseeding. 3. Sodding. 4. Turf renovation. 5. Erosion-control materials. B. Related Requirements: 1. Section 312000 "Earthwork" 1.3 DEFINITIONS A. Finish Grade: Elevation of finished surface of planting soil. B. Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. Pesticides include insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. They also include substances or mixtures intended for use as a plant regulator, defoliant, or desiccant. C. Pests: Living organisms that occur where they are not desired or that cause damage to plants, animals, or people. Pests include insects, mites, grubs, mollusks (snails and slugs), rodents (gophers, moles, and mice), unwanted plants (weeds),fungi, bacteria, and viruses. D. Planting Soil: Existing, on-site soil; imported soil; or manufactured soil that has been modified with soil amendments and perhaps fertilizers to produce a soil mixture best for plant growth. See drawing designations for planting soils. E. Subgrade: The surface or elevation of subsoil remaining after excavation is complete, or the top surface of a fill or backfill before planting soil is placed. 1.4 INFORMATIONAL SUBMITTALS A. Qualification Data: For landscape Installer. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 329200- 1/8 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA TURF AND GRASSES-329200 B. 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 supplier. C. Product Certificates: For fertilizers,from manufacturer. D. Pesticides and Herbicides: Product label and manufacturer's application instructions specific to Project. 1.5 CLOSEOUT SUBMITTALS A. Maintenance Data: Recommended procedures to be established by Owner for maintenance of turf during a calendar year.Submit before expiration of required maintenance periods. 1.6 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful turf establishment. 1. Experience: Five years' experience in turf installation in addition to requirements in Section 014000 "Quality Requirements." 2. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when work is in progress. 3. Personnel Certifications: Installer's field supervisor shall have certification in one of the following categories from the National Association of Landscape Professionals: a. Landscape Industry Certified Technician - Exterior. b. Landscape Industry Certified Lawn Care Manager. C. Landscape Industry Certified Lawn Care Technician. 4. Pesticide Applicator: State licensed, commercial. 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 compliance 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" sections in TPI's "Guideline Specifications to Turfgrass Sodding." Deliver sod within 24 hours of harvesting and in time for planting promptly. Protect sod from breakage and drying. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 329200-2/8 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA TURF AND GRASSES-329200 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 materials with appropriate certificates. 1.8 FIELD 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. 1. Spring Planting: February 15 to March 21. 2. Fall Planting: August 20 to October 25. B. 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. PART 2 - PRODUCTS 2.1 SEED A. Grass Seed: Fresh, clean, dry, new-crop seed complying with AOSA's "Rules for Testing Seeds" for purity and germination tolerances. B. Seed Species: 1. Quality, State Certified: State-certified seed of grass species as listed below for solar exposure. 2. Quality, Non-State Certified: Seed of grass species as listed below for solar exposure, with not less than 85 percent germination, not less than 95 percent pure seed, and not more than 0.5 percent weed seed: 3. 3:1 and steeper slopes, as follows: a. 100 lb/acre Tall Fescue b. 30 lb/acre Sericea Lespefeza C. 10 lb/acre Kobe Lespedeza d. 25 lb/acre Pensacola Bahaigrass 4. Slopes flatter than 3:1, as follows: a. 80 lb/acre Tall Fescue b. 20 lb/acre Sericea Lespefeza C. 10 lb/acre Kobe Lespedeza Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 329200-3/8 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA TURF AND GRASSES-329200 2.2 TURFGRASS SOD A. Turfgrass Sod: Certified, complying with "Specifications for Turfgrass Sod Materials" in TPI's "Guideline Specifications to Turfgrass Sodding." Furnish viable sod of uniform density, color, and texture that is strongly rooted and capable of vigorous growth and development when planted. B. Turfgrass Species, Warm-Season Grass: Centipedegrass (Eremochloa ophiuroides). 2.3 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. 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. 2.4 TURF AREA PREPARATION A. General: Prepare planting area for soil placement and mix planting soil according to sod manufacturers recommendations. B. Placing Planting Soil: Place and mix planting soil in place over exposed subgrade 1. Reduce elevation of planting soil to allow for soil thickness of sod. C. Moisten prepared area before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. D. Before planting, obtain Architect's acceptance of finish grading; restore planting areas if eroded or otherwise disturbed after finish grading. 2.5 PREPARATION FOR EROSION-CONTROL MATERIALS A. Prepare area as specified in "Turf Area Preparation"Article. B. For erosion-control blanket or mesh, install from top of slope, working downward, and as recommended by material manufacturer for site conditions. Fasten as recommended by material manufacturer. C. Moisten prepared area before planting if surface is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 329200-4/8 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA TURF AND GRASSES-329200 2.6 SEEDING A. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity exceeds 5 mph (8 km/h). 1. Evenly distribute seed by sowing equal quantities in two directions at right angles to each other. 2. Do not use wet seed or seed that is moldy or otherwise damaged. 3. Do not seed against existing trees. Limit extent of seed to outside edge of planting saucer. B. Sow seed at rates indicated. C. Rake seed lightly into top 1/8 inch (3 mm) of soil, roll lightly, and water with fine spray. D. Protect seeded areas with erosion-control mats where indicated 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 minimum rate of 2 tons/acre (42 kg/92.9 sq. m) to form a continuous blanket 1- 1/2 inches (38 mm) in loose thickness over seeded areas. Spread by hand, blower, or other suitable equipment. 1. Anchor straw mulch by crimping into soil with suitable mechanical equipment. 2. Bond straw mulch by spraying with asphalt emulsion at a rate of 10 to 13 gal./1000 sq. ft. (38 to 49 L/92.9 sq. m). Take precautions to prevent damage or staining of structures or other plantings adjacent to mulched areas. Immediately clean damaged or stained areas. 2.7 HYDROSEEDING A. Hydroseeding: Mix specified seed, commercial fertilizer, and fiber mulch in water, using equipment specifically designed for hydroseed application. Continue mixing until uniformly blended into homogeneous slurry suitable for hydraulic application. 1. Mix slurry with nonasphaltic tackifier. 2. Spray-apply slurry uniformly to all areas to be seeded in a one-step process. Apply slurry at a rate so that mulch component is deposited at not less than 1500-lb/acre (15.6- kg/92.9 sq. m) dry weight, and seed component is deposited at not less than the specified seed-sowing rate. 2.8 SODDING A. Lay sod within 24 hours of harvesting unless a suitable preservation method is accepted by Engineer prior to delivery time. Do not lay sod if dormant or if ground is frozen or muddy. 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 soil or sod during installation. Tamp and roll lightly to ensure contact with soil, eliminate air Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 329200-5/8 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA TURF AND GRASSES-329200 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 slopes exceeding 1:3. 2. Anchor sod on slopes exceeding 1:6 with wood pegs or steel staples spaced as recommended by sod manufacturer but not less than two 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 (38 mm) below sod. 2.9 TURF RENOVATION A. Renovate existing turf where indicated. B. Renovate turf damaged by Contractor's operations, such as storage of materials or equipment and movement of vehicles. 1. Reestablish turf where settlement or washouts occur or where minor regrading is required. 2. Install new planting soil as required. C. Remove sod and vegetation from diseased or unsatisfactory turf areas; do not bury in soil. D. Remove topsoil containing foreign materials, such as oil drippings, fuel spills, stones, gravel, and other construction materials resulting from Contractor's operations, and replace with new planting soil. E. Mow, dethatch, core aerate, and rake existing turf. F. Remove weeds before seeding. Where weeds are extensive, apply selective herbicides as required. Do not use pre-emergence herbicides. G. Remove waste and foreign materials, including weeds, soil cores, grass, vegetation, and turf, and legally dispose of them off Owner's property. H. Till stripped, bare, and compacted areas thoroughly to a soil depth of 6 inches (150 mm). I. Apply soil amendments and initial fertilizer required for establishing new turf and mix thoroughly into top 4 inches (100 mm) of existing soil. Install new planting soil to fill low spots and meet finish grades. 1. Soil Amendment(s): As indicated in Contract Drawings. J. Apply sod as required for new turf. K. Water newly planted areas and keep moist until new turf is established. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 329200-6/8 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA TURF AND GRASSES-329200 2.10 TURF MAINTENANCE A. General: 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. Fill in as necessary soil subsidence that may occur because of settling or other processes. Replace materials and turf damaged or lost in areas of subsidence. 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 temporary piping, hoses, and turf-watering equipment to convey water from sources and to keep turf uniformly moist to a depth of 4 inches (100 mm). 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 (25 mm) 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 one-third of grass height. Remove no more than one-third of grass-leaf growth in initial or subsequent mowings. Do not delay mowing until grass blades bend over and become matted. 2.11 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. (0.92 sq. m) and bare spots not exceeding 5 by 5 inches (125 by 125 mm). 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. 2.12 PESTICIDE APPLICATION A. Apply pesticides and other chemical products and biological control agents according to requirements of authorities having jurisdiction and manufacturer's written recommendations. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 329200-7/8 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA TURF AND GRASSES-329200 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 Nonselective): Apply only as necessary to treat already-germinated weeds and according to manufacturer's written recommendations. 2.13 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. 2.14 MAINTENANCE SERVICE A. Turf Maintenance Service: Provide full maintenance by skilled employees of landscape Installer. Maintain as required in "Turf Maintenance" Article. Begin maintenance immediately after each area is planted and continue until acceptable turf is established, but for not less than the following periods: 1. Seeded Turf: 60 days from date of Substantial Completion. a. When initial maintenance period has not elapsed before end of planting season, or if turf is not fully established, continue maintenance during next planting season. 2. Sodded Turf: 30 days from date of Substantial Completion. 3. Maintenance Period: 40 days from date of Substantial Completion. END OF SECTION 329200 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 329200-8/8 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA SECTION 334200-STORMWATER CONVEYANCE 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. PE pipe and fittings 2. PVC pipe and fittings. 1.3 ACTION SUBMITTALS A. Product Data: For each type of product. 1.4 INFORMATIONAL SUBMITTALS A. Product Certificates: For each type of pipe and fitting,from manufacturer. 1.5 QUALITY ASSURANCE A. Piping materials shall bear label, stamp, or other markings of specified testing agency. 1.6 DELIVERY, STORAGE, AND HANDLING A. Protect pipe, pipe fittings, and seals from dirt and damage. 1.7 FIELD 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 in accordance with requirements indicated: 1. Notify Engineer and Owner no fewer than 2 days in advance of proposed interruption of service. 2. Do not proceed with interruption of service without Engineer's written permission. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 334200- 1/3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA STORMWATER CONVEYANCE-334200 PART 2 - PRODUCTS 2.1 CORRUGATED-PE PIPE AND FITTINGS A. Source Limitations: Obtain corrugated-PE pipe and fittings from single manufacturer. B. Corrugated-PE Pipe and Fittings NPS 12 to NPS 60 (DN 300 to DN 1500): AASHTO M 294, Type S, with smooth waterway for coupling joints. C. Corrugated-PE Silttight Couplings: PE sleeve with ASTM D1056, Type 2, Class A, Grade 2 gasket material that mates with pipe and fittings. 2.2 PVC PIPE AND FITTINGS A. Source Limitations: Obtain PVC pipe and fittings from single manufacturer. B. NSF Marking: Comply with NSF 14, "Plastics Piping Systems Components and Related Materials," for plastic piping components. Include marking with "NSF-drain" for plastic storm drain and "NSF-sewer" for plastic storm sewer piping. C. PVC Water-Service Piping: 1. Pipe:ASTM D1785, Schedule 40 PVC, with plain ends for solvent-cemented joints. 2. Fittings: ASTM D2466, Schedule 40 PVC, socket type. D. Adhesive Primer: ASTM F656. PART 3 - EXECUTION 3.1 EARTHWORK A. Excavation,trenching, and backfilling are specified in Section 312000 "Earth Moving." 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 in accordance with manufacturer's written instructions for use of lubricants, cements, and other installation requirements. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 334200-2/3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA STORMWATER CONVEYANCE-334200 C. 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. D. Install gravity-flow, nonpressure drainage piping in accordance with the following: 1. Install PE corrugated sewer piping in accordance with ASTM D2321. 3.3 PIPE JOINT CONSTRUCTION A. Join gravity-flow, nonpressure drainage piping in accordance with the following: 1. Install PVC water-service piping in accordance with ASTM D2321 and ASTM F1668. 3.4 FIELD QUALITY CONTROL A. Inspect interior of piping to determine whether line displacement or other damage has occurred. Inspect after approximately 24 inches (610 mm) of 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. Leaks and loss in test pressure constitute defects that must be repaired. C. 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 potable water. END OF SECTION 334200 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC 334200-3/3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ORANGE COUNTY SOLID WASTESEAL 028909 ejS C LDRAINAGE REPAIRS P� Z o 0 HILLSBOROUGH , NORTH CAROLINA ~ N � v � _ o mu-) v� o w .> 0? �L w � � 44- u 0 -1 -C r- ao N E � U � Z LuM r w lT \/ U AA P end c-I 1 f ' -' ■ � ` 1 ■ ( It F+ am G i 4 �° � } �+ , r ��r � PROJECT 1 LOCATION i-- O 1 ■ -� f 1110 16 - - ■ F~ + ' dL OWL . PROJECT w • F LOCATION +� ,I II •F ■ ■ 16 a ` ' i r _ 6. ULi _ F ALI r i OP-7 lap �+ ! w OP q P — uj WALNUT GROVE W& R CENTER VICINITY MAP EUBANKS ROAD LANDFILL FACILITY NOT TO SCALE z Q Decemberw Cn FOR BID ONLY o NOT RELEASED FOR CONSTRUCTION _j O Cn z w D U w 0 z Cl) U w � GC CD O LLJ z 0 a ° O or U O = REVISIONS N O N O fh N O N W N E E m 0 Z 3 Lu w O U �I 0 0 N H Q U 5 w DESIGNED BY: CTC M o DRAWN BY: N AM _ Knorr what'sbelow. CHECKED BY: CTC N O N SCALE: a before a dig.One-Call Center �Q DATE: E NOVEMBER 08, 2023 U PROJECT NUMBER: w W 2200365 0 0 C0 1 . 0 T O E E m DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA GENERAL NOTES EROSIONCONTROL NOTES CONSTRUCTION SEQUENCE 1. DIMENSIONS AND RADII ARE TO FACE OF CURB, WHERE APPLICABLE, UNLESS OTHERWISE INDICATED. 2. DIMENSIONS AT BUILDING ARE TO OUTSIDE FACE, UNLESS OTHERWISE INDICATED. 1. THE CONTRACTOR SHALL INSTALL ALL EROSION AND SEDIMENT CONTROL DEVICES AS REQUIRED DURING CONSTRUCTION IN 1. INSTALL PERIMETER E&S AND TRAFFIC CONTROL FEATURES AS NECESSARY. 3. THE CONTRACTOR SHALL SECURE ALL NECESSARY PERMITS FOR THIS PROJECT FROM THE LOCAL AND STATE AGENCIES. _ SEAL ACCORDANCE WITH THE CURRENT EDITION OF THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL MANUAL. ALL DEVICES 2. EUBANKS: INSTALL PERIMETER DIVERSION BERM AND SLOPE DRAINS 4. ANY PERMITS WHICH MUST BE OBTAINED SHALL BE THE CONTRACTOR'S RESPONSIBILITY AND AT HIS EXPENSE. THE = 028909 REFERRED TO IN THESE PLANS CAN BE FOUND IN THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL MANUAL. 3. WALNUT GROVE: INSTALL SUBSURFACE DRAINAGE AND STORMWATER INFRASTRUCTURE. CONTRACTOR SHALL BE RESPONSIBLE FOR ABIDING BY ALL CONDITIONS AND REQUIREMENTS OF THE PERMITS. 2. ALL DISTURBED AREAS SHALL BE PERMANENTLY SEEDED AND MULCHED PER THE NPDES SCHEDULE AFTER REACHING FINAL 4. WALNUT GROVE: INSTALL CONCRETE PAD(S)AND CONCRETE STAIRS �' al _3 5. ALL PAVING MATERIALS AND DRAINAGE STRUCTURES SHALL BE BUILT AND INSTALLED IN ACCORDANCE WITH NORTH CAROLINA ,c�NG N��Q -'���� GRADE. AREAS WHICH HAVE BEEN DISTURBED AND HAVE NOT REACHED FINAL GRADE, BUT WHICH ARE TO REMAIN 5. BOTH SITES: EXCAVATE EXISTING GRAVEL/SOIL PAVEMENT AREAS AS NECESSARY DEPARTMENT OF TRANSPORTATION STANDARDS AND SPECIFICATIONS. '4 O.` UNDISTURBED FOR LONGER THAN 14 DAYS ARE TO BE TEMPORARILY SEEDED AND MULCHED PER THE NPDES SCHEDULE. AS 6. INSTALL NEW GRAVEL PAVEMENT �.�5 CLP� `� 7. STABLIZE SITE WITH SEEDING/MULCHING AND OTHER MEANS AS NECESSARY. 6. THE LOCATION OF EXISTING SEWER, WATER OR GAS LINES, CONDUITS OR OTHER STRUCTURES ACROSS, UNDERNEATH, OR , L,„,, UPSTREAM AREAS ARE STABILIZED WITH PERMANENT GROUND COVER, DOWNSTREAM TEMPORARY DEVICES ARE TO BE OTHERWISE ALONG THE LINE OF PROPOSED WORK ARE NOT NECESSARILY SHOWN ON THE PLANS, AND IF SHOWN ARE ONLY REMOVED. CONTRACTOR SHALL FOLLOW THE STABILIZATION TIME TABLE INCLUDED IN THIS SET OF DRAWINGS. APPROXIMATE. CONTRACTOR SHALL VERIFY LOCATION AND ELEVATION OF ALL UNDERGROUND UTILITIES SHOWN ON THE PLANS 3. THE CONTRACTOR SHALL INSTALL AND MAINTAIN MEASURES AS NECESSARY TO PREVENT SEDIMENT LEAVING THE PERMITTED IN AREAS OF CONSTRUCTION PRIOR TO STARTING WORK. CONTACT ENGINEER IMMEDIATELY IF LOCATION OR ELEVATION IS WORK AREA AT ALL TIMES. DIFFERENT FROM THAT SHOWN ON THE PLANS, IF THERE APPEARS TO BE A CONFLICT, OR UPON DISCOVERY OF ANY UTILITY 4. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERIODICALLY INSPECT ALL SEDIMENT AND EROSION CONTROL DEVICES AND NOT SHOWN ON THE PLANS. FOR ASSISTANCE IN LOCATING EXISTING UTILITIES CALL "NC ONE CALL", DIAL 811. Z g ENSURE THAT THEY ARE IN GOOD WORKING ORDER. AT A MINIMUM, ALL DEVICES SHALL BE INSPECTED WEEKLY AND AFTER 7. ALL WATER AND SEWER CONSTRUCTION AND MATERIALS SHALL CONFORM WITH THE LATEST STANDARDS AND SPECIFICATIONS ~ o MAJOR RAINFALL EVENTS GREATER THAN 1 INCH. ANY DEVICE NEEDING REPAIRS SHALL BE REPAIRED WITHIN 24 HOURS. OF THE TOWN OF SANFORD DEPARTMENT OF PUBLIC UTILITIES. o TWELVE MONTHS OF COMPLETE INSPECTION FORMS SHALL BE KEPT ON-SITE AND AVAILABLE FOR INSPECTION AT ALL TIMES. IT 8. WHERE PAVEMENT IS BEING REMOVED, THE CONTRACTOR SHALL REMOVE AGGREGATE BASE MATERIAL TO SUB-GRADE. v r, o IS RECOMMENDED A COPY BE KEPT IN PERMITS BOX. 9. DAMAGE TO UTILITIES (INCLUDING UNDERGROUND) OR PROPERTY OF OTHERS BY CONTRACTOR DURING CONSTRUCTION SHALL w *� 5. THE CONTRACTOR SHALL INSTALL ADDITIONAL EROSION AND SEDIMENT CONTROL DEVICES IF DURING THE COURSE OF BE REPAIRED TO PRE-CONSTRUCTION CONDITIONS BY CONTRACTOR AT NO COST TO OWNER. w ° CONSTRUCTION THE ENGINEER OR NC DEQ INSPECTOR DETERMINES THAT THEY ARE REQUIRED. 10. EXISTING PAVEMENT AND OTHER SURFACES DISTURBED BY CONTRACTOR (WHICH ARE NOT TO BE REMOVED) SHALL BE Z 6. SILT SHALL BE REMOVED FROM SILT FENCES WHEN THE SILT REACHES APPROXIMATELY ONE-THIRD THE HEIGHT OF THE REPAIRED TO LIKE-NEW CONDITION. N BARRIER. 11. THE CONTRACTOR IS REQUIRED TO MAINTAIN ALL DITCHES, PIPES, AND OTHER DRAINAGE STRUCTURES FREE FROM " LL 7. THE CONTRACTOR SHALL PERIODICALLY TOP DRESS THE CONSTRUCTION ENTRANCE WITH CLEAN STONE. IF THE OBSTRUCTION UNTIL WORK IS ACCEPTED BY THE OWNER. THE CONTRACTOR IS RESPONSIBLE FOR ANY DAMAGES CAUSED BY w Lu M CONSTRUCTION ENTRANCE FAILS TO REMOVE DIRT FROM THE TIRES OF VEHICLES ENTERING A PUBLIC RIGHT-OF-WAY A WASH FAILURE TO MAINTAIN DRAINAGE STRUCTURES IN OPERABLE CONDITION. � u RACK SHALL BE INSTALLED AND THE TIRES WASHED. THE CONTRACTOR SHALL BE REQUIRED TO PROVIDE ANY REQUIRED 12. THE OWNER SHALL HAVE A SET OF APPROVED PLANS AVAILABLE AT THE SITE AT ALL TIMES WHEN WORK IS BEING PERFORMED. a/ WATER FOR THE WASHING OF TIRES. DIRT TRACKED ONTO THE PUBLIC RIGHT-OF-WAY SHALL BE REMOVED IMMEDIATELY BY THE A DESIGNATED RESPONSIBLE EMPLOYEE SHALL BE AVAILABLE FOR CONTACT BY INSPECTORS. [� CONTRACTOR. 13. PARKING SPACES SHALL BE DELINEATED BY FOUR INCH WIDE WHITE TRAFFIC PAINT. 8. ALL EROSION AND SILTATION MEASURES ARE TO BE PLACED PRIOR TO OR AS THE FIRST STEP IN GRADING. 14. LANDSCAPING AND SITE IMPROVEMENTS WILL BE INSTALLED AND MAINTAINED SO AS NOT TO INTERFERE WITH SIGHT DISTANCE 9. ALL STORM AND SANITARY SEWER LINES NOT IN STREETS ARE TO BE MULCHED AND SEEDED PER THE NPDES SCHEDULE AFTER NEEDS OF DRIVERS WITHIN THE PARKING AREA AND AT ENTRANCE/EXIT LOCATIONS. BACKFILL. NO MORE THAN FIVE HUNDRED FEET OF TRENCH IS TO BE OPEN AT ONE TIME. 15. THE CONTRACTOR SHALL NOTIFY THE ALL APPLICABLE REGULATORY AGENCIES AND THE ENGINEER AT LEAST 24 HOURS PRIOR 10. ALL TEMPORARY EARTH BERMS, DIVERSIONS, AND SILT DAMS ARE TO BE MULCHED AND SEEDED FOR VEGETATIVE COVER TO STARTING WORK ON THIS PROJECT. IMMEDIATELY AFTER GRADING. STRAW OR HAY MULCH IS REQUIRED. THE SAME APPLIES TO STOCKPILES ON SITE AS WELL AS 16. ALL EXCAVATION FOR UNDERGROUND PIPE INSTALLATION MUST COMPLY WITH OSHA STANDARDS FOR THE CONSTRUCTION SOIL (INTENTIONALLY) TRANSPORTED FROM THE PROJECT SITE. INDUSTRY (29 CFR PART 1926). 11. ELECTRIC POWER, TELEPHONE, GAS SUPPLY, AND OTHER UTILITY TRENCHES ARE TO BE COMPACTED, SEEDED AND MULCHED 17. VERIFY THE PROPOSED LAYOUT WITH ITS RELATIONSHIP TO THE EXISTING SITE SURVEY. ALSO VERIFY ALL DIMENSIONS, SITE IMMEDIATELY AFTER BACKFILL. CONDITIONS, AND MATERIAL SPECIFICATIONS AND NOTIFY THE OWNER AND ENGINEER OF ANY ERRORS, OMISSIONS, OR fle 12. DURING CONSTRUCTION, ALL STORM SEWER INLETS SHALL BE PROTECTED BY INLET PROTECTION PRACTICES, MAINTAINED AND DISCREPANCIES BEFORE COMMENCING OR PROCEEDING WITH WORK. MODIFIED AS REQUIRED BY CONSTRUCTION PROGRESS. 18. DEVIATIONS FROM, OR CHANGES TO THESE PLANS WILL NOT BE ALLOWED. 13. ANY DISTURBED AREA NOT PAVED, SODDED, OR BUILT UPON, IS TO BE SEEDED PER THE TEMPORARY AND PERMANENT SEEDING 19. MAKE EXPLORATORY EXCAVATIONS AND LOCATE EXISTING UTILITIES SUFFICIENTLY AHEAD OF CONSTRUCTION TO PERMIT SCHEDULE INCLUDED IN THESE DRAWINGS. MODIFY AS APPLICABLE DEPENDING ON PROPOSED TIME OF CONSTRUCTION. REVISIONS TO THE PLANS IF NECESSARY. THE EXISTENCE AND/OR LOCATION OF UTILITIES SHOWN ON THESE PLANS MAY BE 14. ALL DISTURBED GRASSES SHOULD BE SEEDED WITH COMMON BERMUDA OVERSEEDED WITH ANNUAL RYE. ONLY APPROXIMATELY CORRECT. TAKE PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES SHOWN HEREON AND ANY 15. CONTRACTOR STAGING AREA(S) SHALL BE RETURNED TO BETTER THAN ORIGINAL CONDITIONS AT THE COMPLETION OF THE OTHER EXISTING UTILITIES NOT OF RECORD OR NOT SHOWN ON THESE PLANS. REPAIR AT YOUR OWN EXPENSE, ANY EXISTING WORK. UTILITIES DAMAGED DURING CONSTRUCTION. IF A UTILITY IS DAMAGED DURING CONSTRUCTION, STOP WORK IMMEDIATELY AND 16. THE CONTRACTOR IS RESPONSIBLE FOR INSPECTING AND MAINTAINING ALL EROSION CONTROL MEASURES. ALL DISTURBED NOTIFY THE ENGINEER. AREAS ARE TO DRAIN TO APPROVED SEDIMENT CONTROL MEASURES AT ALL TIMES DURING LAND DISTURBING ACTIVITIES AND0 SITE DEVELOPMENT UNTIL FINAL17. A NG PRE-CONSTRUCTION CONS RUCTION MEETING IS REQUIREDB PRIOR ITTO ISS ANICE OF A LAND DISTURBANCE PERMIT. THE CONTRACTOR SHALL GENERAL UTILITY NOTES SCHEDULE THE MEETING WITH THE NC STATE INSPECTOR ASSIGNED TO THE PROJECT. 18. ALL VEGETATIVE AND STRUCTURAL EROSION AND SEDIMENT CONTROL PRACTICES WILL BE CONSTRUCTED AND MAINTAINED 1. FIRE HYDRANT VALVE AND ALL VALVE BOXES SHALL HAVE CONCRETE DONUT INSTALLED AT GRADE. ACCORDING TO MINIMUM STANDARDS AND SPECIFICATIONS OF THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL 2. THE ENGINEER MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE MANUAL AND THE NORTH CAROLINA SEDIMENTATION POLLUTION CONTROL ACT OF 1973. AREA; EITHER IN SERVICE OR ABANDONED. THE ENGINEER FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES 19. AS A CONDITION OF NPDES PERMIT NO. NCG 010000, PERMANENT GROUNDCOVER SHOULD BE PROVIDED FOR ALL DISTURBED ARE IN THE EXACT LOCATION AS INDICATED. ALTHOUGH, HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS AREAS WITHIN 14 CALENDAR DAYS OF TEMPORARILY OR PERMANENTLY SUSPENDING THE LAND DISTURBING ACTIVITY. POSSIBLE FROM THE INFORMATION AVAILABLE. 3. THE CONTRACTOR SHALL VISIT THE SITE PRIOR TO CONSTRUCTION SO THAT CONTRACTOR IS FAMILIAR AND UNDERSTANDS EXISTING CONDITIONS. EROSION CONTROL NARRATIVE 4NECESSARY DUE TO EXISTING UTILITY LOCATIONS. THE ENGINEER SHALL BE CONTACTED BEFORE MAKING THESE CHANGES. 5. WATER LINE TO BE INSTALLED A MINIMUM OF 3 FEET BELOW GRADE. Q 6. WATER MAINS SHALL BE LAID AT LEAST 10 FEET LATERALLY FROM EXISTING OR PROPOSED SEWERS UNLESS LOCAL 0- PROJECT DESCRIPTION CONDITIONS OR BARRIERS PREVENT A 10-FOOT LATERAL SEPARATION, IN WHICH CASE A VERTICAL SEPARATION OF AT LEAST w CONSTRUCTION OF A SELF STORAGE FACILITY AND ASSOCIATED INFRASTRUCTURE. 18" SHALL BE MAINTAINED BY EITHER LAYING THE WATER MAIN IN A SEPARATE TRENCH WITH THE BOTTOM AT LEAST 18"ABOVE IIr THE SEWER OR LAYING THE WATER MAIN ON A BENCH IN THE SAME TRENCH AT LEAST 18" ABOVE THE SEWER. EXISTING CONDITIONS GENERAL CONSTRUCTION AND GEOTECHNICAL NOTES 7. WHERE A WATER MAIN CROSSES OVER A SEWER, MAINTAIN AT LEAST 18" VERTICAL SEPARATION BETWEEN THE PIPES. IF AN 18" W THE EXISTING SITE IS MAINLY WOODED WITH A GAS MAIN RUNNING ALONG THE EASTERN EDGE. DRAINAGE FLOWS TO THE VERTICAL SEPARATION IS NOT POSSIBLE, BOTH THE WATER MAIN AND SEWER SHALL BE CONSTRUCTED OF FERROUS SOUTHEASTERN CORNER.. ENGINEERED FILL MATERIALS (DIP)AND WITH JOINTS THAT ARE EQUIVALENT TO WATER MAIN STANDARDS FOR A DISTANCE OF 10 FT ON EACH Q SIDE OF THE POINT OF CROSSING. DEVELOPMENT IMPACTS 1. ALL CONTROLLED FILL ZONES ARE TO BE MONITORED BY A FULL TIME GEOTECHNICAL ENGINEERING SERVICES FIRM. 8. WHERE A WATER MAIN CROSSES UNDER A SEWER, MAINTAIN AT LEAST 18" VERTICAL SEPARATION BETWEEN THE PIPES. BOTH Z THE DEVELOPMENT IMPACTS TO THE TOPOGRAPHY WILL BE MINIMAL. 2. ENGINEERED FILLS SHALL BE PROPERLY PLACED ACCORDING TO THE RECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER. THE WATER MAIN AND SEWER SHALL BE CONSTRUCTED OF FERROUS MATERIALS (DIP) AND WITH JOINTS THAT ARE 3. ALL SUMMARY REPORTS FROM THE GEOTECHNICAL ENGINEER REPRESENTING THE PROJECT MUST STATE HIS PROFESSIONAL EQUIVALENT TO WATER MAIN STANDARDS FOR A DISTANCE OF 10 FT ON EACH SIDE OF THE POINT OF CROSSING. A SECTION OF SOILS OPINION ON THE SATISFACTORILY COMPLETED PHASES OF CONSTRUCTION SUCH AS; SLOPE CUTS, SUBDRAINAGE SYSTEMS, WATER PIPE SHALL BE CENTERED AT THE POINT OF CROSSING. THE SITE IS HYDROLOGIC SOIL GROUP D. PREPARATION OF SUBGRADES AND COMPACTION OF EARTH FILLS. CRITICAL EROSION AREAS 4. NO FILLS SHALL HAVE ZONES THAT EXCEED TWO (2) FEET IN ELEVATION WITHOUT CONDUCTING COMPACTION TEST AND w 1. CARE MUST BETAKEN TO PREVENT SEDIMENT FROM BEING TRACKED ONTO ADJACENT ROADWAYS. OBTAINING RESULTS OF 95% OR GREATER. PERMANENT SEEDING SCHEDULE FOR GRASS-LINED CHANNELS 5. THE GEOTECHNICAL ENGINEER MUST SUBMIT A DETAILED ANALYSIS, ITEMIZING THE FIELD DENSITY TEST RESULTS. THIS PERMANENT SEEDING SCHEDULE FOR AREAS OTHER THAN 2. CARE MUST BE TAKEN TO PREVENT SEDIMENT EXITING THE PROJECT SITE AREA. REPORT SHALL BE ACCOMPANIED WITH A COPY OF THE SITE PLAN SHEET AND INDICATE THE TEST LOCATIONS AND ELEVATIONS. CHANNELS DATES SPECIES RATE (LB/ACRE) 3. CARE MUST BETAKEN TO PREVENT SEDIMENT FROM ENTERING ANY STREAM, DITCH, OR DRAINAGE WAY ON OR ADJACENT TO THE REPORT SHALL AL ENGINEER MUST PROVIDE ENOUGH DESIGNATED TESTING IN ALL FILL ZONES TO ADEQUATELY EXAMINE *THIS PLANTING SCHEDULE IS ONLY FOR AREAS NOT DETAILED ON BEST Q THE SITE. AND CERTIFY THE INTEGRITY OF THE FILL. PLANTING PLAN SEE PLANTING PLAN FOR SEEDING DETAIL AND GROUND AUG 15-OCT 31 TALL FESCUE 200 6. THE GEOTECHNICAL ENGINEER MUST SUBMIT A CERTIFIED BUILDING PAD REPORT FOR EACH FILL PAD LOCATION. THIS REPORT COVER. POSSIBLE STOCKPILING SHALL PROFILE THE FILL MATERIAL PLACEMENT AND PROVIDE THE COMPACTION TEST RESULTS. ALL REPORTS WILL BE FEB 1 -APR 15 SOME TOPSOIL STOCKPILING IS ANTICIPATED ON-SITE. SPECIES RATE (LB/ACRE) Q ACCOMPANIED BY THE SITE PLAN, INDICATING THE TEST LOCATIONS AND ELEVATIONS. 3:1 AND STEEPER SLOPES SLOPES NURSE PLANTS J STRUCTURAL PRACTICES 7. NO BUILDING PADS IN FILL ZONES WILL HAVE STRATUMS EXCEEDING TWO (2) FEET IN ELEVATION WITHOUT TEST VERIFYING FLATTER THAN 3:1 PRIOR TO MAY 1 OR AFTER AUG 15,ADD 40 LB/ACRE RYE (GRAIN). O CONSTRUCTION ENTRANCE DENSITY. TALL FESCUE 100 80 SILT FENCE 8. THESE GEOTECHNICAL NOTES SHALL IN NO WAY LESSEN THE REQUIREMENTS OF THE SUBMITTED SOILS REPORT. PARTRIDGE PEA 10 10 SOIL AMENDMENTS U) PENSACOLA BAHIAGRASS 25 NONE FOLLOW RECOMMENDATIONS OF SOIL TESTS OR APPLY 4,000 LB/ACRE GROUND SEDIMENT BASIN ROAD SUBGRADE AGRICULTURAL LIMESTONE AND 1000 LB/ACRE 10-10-10 FERTILIZER. OPERATE TILLAGE TEMPORARY DIVERSION DITCH AFTER AUGUST 15 USE UNSCARIFIED SERICEA SEED. EQUIPMENT ACROSS THE WATERWAY.ALL BARE AREAS BETWEEN DIVERSIONS AND INLET PROTECTION PERIMETER MEASURES SHALL BE SEEDED, MULCHED, AND TACKED TO PREVENT W OUTLET PROTECTION 1. INSPECTION AND APPROVAL OF THE SUBGRADE WILL BE REQUIRED PRIOR TO THE PLACEMENT OF THE APPROVED PAVEMENT NURSE PLANTS � z SECTION MATERIAL. EROSION. TACK RATE SHALL BE 400 GALLONS PER ACRE OF ASPHALT TACKIFIER PRIOR TO MAY 1 OR AFTER AUG 15,ADD 40 LB/ACRE RYE (GRAIN). MULCH VEGETATIVE PRACTICES 2. ANY CLAY DEPOSITS IN THE TOP TWO FEET OF THE SUBGRADE MUST BE REMOVED OR ADDRESSED AS RECOMMENDED BY THE USE A ROLLED EROSION CONTROL PRODUCT TO COVER THE BOTTOM OF CHANNELS O � U GEOTECHNICAL ENGINEER. SEEDING DATES AND DITCHES AND STAPLE SECURELY. THE LINING SHOULD EXTEND ABOVE THE z TOPSOILING Z TEMPORARY SEEDING 3. SUBGRADE APPROVAL SHALL BE ACCOMPANIED BY THE SUPPORTING DOCUMENTATION VERIFYING DENSITY TEST RESULTS OF BEST POSSIBLE HIGHEST CALCULATED DEPTH OF FLOW. U = J PERMANENT SEEDING 95% OR GREATER. FALL: AUG 25-SEP 15 AUG 20-OCT 25 MAINTENANCE MULCHING 4. THE ENTIRE SUBGRADE WILL HAVE BEEN PROOFROLLED IN THE PRESENCE OF THE SITE INSPECTOR AND GEOTECHNICAL LATE WINTER: FEB 15- MAR 21 FEB 1 -APR 15 INSPECT AND REPAIR MULCH FREQUENTLY. REFERTILIZE IN LATE WINTER OF THE Q w REPRESENTATIVE. PROOFROLLING SHALL BE A RUBBER TIRE VEHICLE SUCH AS A LOADED TEN (10)TON TRUCK OF APPROVED FOLLOWING YEAR. FOLLOW RECOMMENDATIONS OF SOIL TESTS OR USE 150 LB/ACRE O COMPACTION EQUIPMENT. FALL IS BEST FOR TALL FESCUE AND LATE WINTER FOR PATRIDGE PEA. OF 10-10-10. MOW REGULARLY TO A HEIGHT OF 2-4 INCHES. MANAGEMENT STRATEGIES 5. THE FINAL SUBGRADE SHALL BE APPROVED BY THE GEOTECHNICAL ENGINEER AND SITE INSPECTOR BEFORE PLACEMENT OF OVERSEEDING OF PARTRIDGE PEA OVER FALL-SEEDED TALL FESCUE IS w Z GE 1. CONSTRUCTION WILL BE SEQUENCED SO THAT GRADING OPERATIONS CAN BEGIN AND END AS QUICKLY AS POSSIBLE. .PAVEMENT SECTION MATERIALS VERY EFFECTIVE. 7 co2. SEDIMENT TRAPPING MEASURES WILL BE INSTALLED AS A FIRST STEP IN GRADING. L SPECIFICATIONS W J 3. THE JOB SUPERINTENDENT SHALL BE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF ALL EROSION AND SEDIMENT SOIL AMENDMENTS CONTROL PRACTICES. FOLLOW RECOMMENDATIONS OF SOIL TESTS OR APPLY 4,000 LB/ACRE GROUND AGRICULTURAL LIMESTONE AND 1000 LB/ACRE 10-10-10 1. PLOW COMPACTED AREAS 6 INCHES DEEP. v rt O = 4. AFTER ACHIEVING ADEQUATE STABILIZATION AND UPON APPROVAL OF DEQ EROSION CONTROL INSPECTOR, THE TEMPORARY FERTILIZER. 2. APPLY TOPSOIL IF AVAILABLE. E&S CONTROLS WILL BE CLEANED UP AND REMOVED. NEW STABILIZATION TIMEFRAMES 3. APPLY LIME AND FERTILIZER UNIFORMLY AND INCORPORATE INTO THE TOP 4-6 REVISIONS (EFFECTIVE AUG. 3,2011) MULCH INCHES OF SOIL. IF A HYDRAULIC SEEDER IS USED, DO NOT MIX SEED AND FERTILIZER a PERMANENT STABILIZATION APPLY 4,000-5,000 LB/ACRE GRAIN STRAW. ANCHOR BY TACKING WITH MORE THAN 30 MINUTES BEFORE APPLICATION. THE DISTURBED AREAS WILL BE PERMANENTLY STABILIZED THROUGH THE USE OF IMPERVIOUS SURFACES AND PERMANENT ASPHALT. ON SLOPE 3:1 OR STEEPER ANCHOR STRAW WITH NETTING. 4. UNLESS HYDROSEEDING IS USED, BREAK UP LARGE CLODS. IF SURFACE IS SEALED, SEEDING. LOOSEN IT IMMEDIATELY BEFORE SEEDING BY RAKING, DISKING, HARROWING OR SITE AREA DESCRIPTION STABILIZATION TIMEFRAME EXCEPTIONS MAINTENANCE OTHER SUITABLE METHODS. GROOVE OR FURROW SLOPES STEEPER THAN 3:1 ON N MANAGEMENT STRATEGIES REFERTILIZE IN THE SECOND YEAR UNLESS GROWTH IS FULLY THE CONTOUR BEFORE SEEDING. 1. THE SILT FENCE BARRIER WILL BE CHECKED REGULARLY FOR UNDERMINING OR DETERIORATION OF THE FABRIC. SEDIMENT ADEQUATE. MAY BE MOWED ONCE OR TWICE A YEAR, BUT MOWING IS 5. EVENLY APPLY SEED USING A CYCLONE SEEDER (BROADCAST), DRILL, CULTIPACKER SHALL BE REMOVED WHEN THE LEVEL OF SEDIMENT DEPOSITION REACHES 1/3 THE WAY TO THE TOP OF THE BARRIER. PERIMETER DIKES, SWALES, DITCHES, SLOPES 7 DAYS NONE NOT NECESSARY. REFERTILIZE, RESEED AND MULCH DAMAGED AREAS SEEDER OR HYDROSEEDER. SMALL GRAINS SHOULD BE PLANTED NO MORE THAN z IMMEDIATELY. ONE INCH DEEP, GRASSES AND LEGUMES NO MORE THAN 1/2 INCH. 2. THE SEDIMENT TRAP AND BASIN SHALL BE INSPECTED AFTER EACH RAIN AND REPAIRS MADE AS NEEDED. SEDIMENT SHALL BE 6. BROADCAST SEED MUST BE COVERED BY RAKING OR CHAIN DRAGGING AND THEN REMOVED AND THE TRAP RESTORED TO ITS ORIGINAL DIMENSIONS WHEN THE SEDIMENT HAS ACCUMULATED TO ONE HALF THE LIGHTLY FIRMED WITH A ROLLER OR CULTIPAKER. HYDROSEEDED MIXTURES SHOULD Lu > DESIGN WILL NOT EPTH ERODE 7.F THE TRAP. REMOVED SEDIMENT SHALL BE DEPOSITED IN A SUITABLE AREA AND IN SUCH A MANNER THAT IT O HIGH QUALITY WATER (HQW) ZONES 7 DAYS NONE PS PERMANENT SEEDING INCLUDE A WOOD FIBER(CELLULOSE) MULCH. 01 IN AREAS NOT HYDROSEEDED, MULCH WITH GRAIN STRAW. SEE SEEDING 0 SCHEDULES. N N ity S w - - DESIGNED BY: SLOPES STEEPER THAN 3:1 7 DAYS IF SLOPES ARE 10'OR LESS IN LENGTH AND ARE NOT STEEPER THAN 2:1, 14 DAYS ARE ALLOWED. - __ -_ CT C o N N DRAWN BY: AM o _ _ M - S CHECKED BY: SLOPES 3:1 OR FLATTER 14 DAYS 7 DAYS FOR SLOPES GREATER THAN 51N LENGTH. o CTC U N - _ SCALE: O - r` \ 1 o DOZER TREADS CREATE _ / DATE: E GROOVES PERPENDICULAR - U ALL OTHER AREA WITH 14 DAYS NONE, EXCEPT FOR PERIMETERS TO THE SLOPE. �' h 7 NOVEMBER 08, 2023 SLOPES FLATTER THAN 4:1 AND HQW ZONES. S�oQE / PROJECT NUMBER: 2200365 01 Txa CKING a C2 . 0 SURFACE PREPARATION FOR SEEDING E DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ��rnn u r r 7 i ♦ _ SEAL ` 028909 �. L-' . N1� I N�� �♦ S CLP� ■ 0 I--I CD o v CD � o • - ,�/ n Lcno W ocn �t JC2w rn c X 695.4545 _ Qj GPS 4 N � LnJ l]A N S= r vQ, t el GRAVEL PAVE # W w Z REPAIR =1i =1i -7' -7' SEE TYP. DETAIL r CLEANOUTS - 4" PERFORATED PVC UNDERDRAIN +, \ @ 0.1% (SEE DETAIL) —1/ ty--IJC346 WELL/FAKE ROCK69. EXISTING CONCRETE PAVEMENT C) EXISTING CONC Lu RIM 687.0 RETAINING WALL NEW Ir • INV 685.5 ---_ W SLOPE NEW PAD 0 NEW 5' WIDE TO DROP INLET AS Q CONCRETE SIDEWALK LOW POINT - z AND LANDING Q i NEW CONCRETE 100 LF 12" STAIRS AND RAILING _ SMOOTH -' LINED HDPE Lu NEW 10 x 20 @ 0.7% C CONCRETE PAD / NEW JUNCTION / RIM 686.1 LZ aQ !_all-' T 1 TON CLASS A U 0 RIPRAP OUTLET 0 J PROTECTION ON 06 0 GEOTEXTILE - FIT3: u) I 00 - - TO SHAPE OF PATCH ROAD CUT / DITCH uJ WITH 8" ~ COMPACTED ABC / * x x x x O z Z) U I STONE ON GEOTEXTILE / �/� 90 LF 12" INV OUT (� 0 0 z 10' WIDE MIN SMOOTH 684.0 U LINED HDPE W D � @ 0.7% z Z � Q °m —i Q cr U) j 0 i REVISIONS a — } o � N O / _ N W `T N w JC1 x 688.6620 �X 0 GPS 0 N N Q U 5 w - DESIGNED BY: • CTC DRAWN BY: N 0 AM CHECKED BY: N N CTC SCALE: 1" = 20' o DATE: E NOVEMBER 08, 2023 U PROJECT NUMBER: w w 2200365 U O O C3 . 0 O a E DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA \A A �� A SEAL = 0 0 0 02- o 0 0 0 � 9 3d o 3d (MIN.) o d ..,��',9 ,_G I NE,,'(O``�• PIPE OUTLET TO FLAT AREA WITH ''�. CL A�,,.` ° �� o NO DEFINED CHANNEL do PIPE OUTLET0 PLAN VIEW p PLAN VIEW TO WELL CHANNEL 8 COOMPACTEBC D L a L a 0 0% SLOPE 0% SLOPE O O O O CD NC DOT#57 STONE v m u-) d d o 0 0 o Woc SECTION A-A FILTER CLOTH SECTION A-A FILTER CLOTH Z a � v KEY IN 6"-9"; RECOMMENDED KEY IN 6"-9"; RECOMMENDED O O O O 1-1 r FOR ENTIRE PERIMETER FOR ENTIRE PERIMETER �j �oN E 8 OZ NON-WOVEN O O O O w U z NOTES: GEOTEXTILE U 1. APRON LINING MAY BE RIPRAP, GROUTED RIPRAP, GABION BASKET, OR CONCRETE. o 0 0 op OUTLET PROTECTION DETAIL 2. La IS THE LENGTH OF THE RIPRAP APRON AS SHOWN ON TABLE NOT TO SCALE 3. d = 1.5 TIMES THE MAXIMUM STONE DIAMETER, BUT NOT LESS THAN 6 INCHES. 4. CLASS B RIP RAP O O 0 0 CAP 4" PERFORATED PVC @ 0.1% (SDR 35) PERFORATIONS MAY BE: -6 ROWS, .02"TO .04"ALTERNATING SLOTS, 5" LONG, 5"APART, OR -3 ROWS OF 1/2" HOLES 5 INCHES APART #4 @ 12" EW, TYP. 3/4" FLEXIBLE EQUAL TREADS - SEE JOINT FILLER, ALUMINUM HANDRAIL, UNDERDRAIN DETAIL STAIR DETAIL TYP. SEE NOTE 6 SEE DETAIL THIS SHEET NOT TO SCALE CONCRETE CURB 6" SEE DETAIL 2/SHT. 1 ,I 0 3" METAL NOSING, TYP. 6" EQUAL RISERS SEE STAIR DETAIL � %ice//�i�/%/�/��% ///���� #57 STONE, 6" THICK 8" • 8„ 2" CLEARANCE 1 Q 1 � c° NCDOT ABC STONE #4 @ 12" EW ' 6" TYP. ABOVE TOP (98/o a COMPACTION) 8" w (0OF STEP/LANDING 2—#5 TOP & BOTTOM ° a NCDOT#2 STONE 6" w W/ #3 STIRRUPS @ 10" -III-III-III-I I I�III 1-III-"'�III-"-III-"'_III—"'_I I �I"=II"1 =I I 111 I �D A I- Q I I-I I I 1 z III-III-III I COMPACTED SUBGRADE -III-III-III=III -I I I-I I I I I �-I I a I 1=1 I I- Q CONCRETE CURB DETAIL III11111111111�,11111111 11111�111 11111�111 11111�111 11111�1i11 11�1 111�1i111 TYPICAL SECTION THROUGH EXTERIOR STAIRS 8 OZ NONWOVEN GEOTEXTILE Ir NOT TO SCALE NOT TO SCALE Q TYP. GRAVEL PAVING SECTION w N.T.S J NOTE: ABC TO BE INSTALLED AS 2 LIFTS Q Q w 0 0 w J F rr_^^ r0 V) r^^ MIN 4'-0" V J SEE SITE PLAN FOR w 1 1/2" DIAMETER ACTUAL WIDTHS ALUMINUM HANDRAIL — 4" CONC. SIDEWALK W/ O z 6"x6"- W2.9xW2.9 WWF D C) 16' 1/4":1' O Z MII I w II 11= D Q c cn I I�rr � I I I III „ I I..� J 12' II I I I III 1 O 2 I COMPACTED SUBGRADE REVISIONS LANDING MIN 4" NCDOT ABC STONE 0 M / LiNOTES: E CURB > BEYOND D 1) CONTRACTION JOINTS TO BE AT 6' O.C. 3 ° 2) EXPANSION JOINTS TO BE AT ALL CHANGES 00 °D IN DIRECTION AND AT 30' O.C. MAXIMUM. CONCRETE 3) SIDEWALK SHALL BE MAINTAINED AT 1: 20 MAXIMUM STEPS SLOPE IN ALL DIRECTIONS OF TRAVEL ui LANDING Li ° a ° TYPICAL S D E WA EK DETAIL p NOT TO SCALE N N S w NOTE: DESIGNED BY: MAXIMUM POST SPACING 6"-0" O.C. CTC M S DRAWN BY: N HANDRAIL DETAIL CHECKED BY: AM N N SCALE: 1" = 1'-0" CTC SCALE: 0 a a o DATE: E 5 NOVEMBER 08, 2023 PROJECT NUMBER: w W 2200365 U O O O ui C4 . 0 T O o. E m DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA VICINITY MAP ' SEAL II ; Blackwood 0289 ORANGE COUNTY __ Mtn. 1725 DUKE FOREST ���'S011CL1P,��,��` Meadow II Flats 11 II \\ r l II EUBANKS Z CD o II ROAD I--I o 1009 jj C&D II LANDFILL II/ m ii ROAD 00 Ln �I \1 E�pgNKS 1727 9 / 00 1727 4' W O O'I 4t S73 Ol II O _1 v II F--I L II un r.i E U 7 5 U � zU II II/ rTl LU i z U � - I 1729 ` 1 \ \ NOTE: EXCESS CUT MATERIAL TO BE 1117 ` STOCKPILED ON ADJACENT C&D LANDFILL. COORDINATE W / OWNER FOR EXACT LOCATION �I CONNECT TO EXISTING 4" WALL DRAIN 0 EXISTING RETAINING WALL AREA OF GRAVEL PAVING INSTALLATION / Building Building 11lk II l i II i l l i ; II I 5 i W I W ( I I I I I I I I I l i I I I I I I 4" PVC @ 1% M I N V 2' BELOW GRADE( ADE MN s � Q 1 1 I I I I 1 I 1 � � III I ) �/ _ _ � s� Z 15" CPP SLOPE DRAIN \� `' I '� ; ' ,1 I DIVERSION BERM'� \\\ ` s�� o - /`r 1co 0 \ 533 LU _ ` -- ------------------------------- -- ---\ \ \ \ \ \ \ ---------- _ -- l __ ___ --------------------- \ ` —_------------------- ----- ----------- ----------------------- ------------------------------------------ ————— ———— —— — — — — — _ --- ` \\ ` \ 1 A' ��TT Rio j ry C �''�'p ----JULVL5. — - - ---- ---- --- ----- ----- - ----- ----- - --- �- 151 JLorC 1J1�_ __---- �\ - _ ------------------------------------------------------------------------ A \ ------ ------------- ------ -' " L-OP€-0RAI(lF------ ------------ ------------------------------------------------ -----------_ '--- -'�_�\ \ \\\ C/) \ _ --------------------- ------------- ------- ------------------------ \ > ----- --`- ---- ---- - ---- ------- - —————— -- --- --- --- - --, _____-- \\ \� \ \\\\\ \ Z \�-- --------------- -------- ---- --// \\\ ` \` \` \`\\`\\ \` \\ \\ \\ \ \\ O z \ J U =\ \ \ \ \ \ GRAPHIC SCALE 1 TON CLASS B RIP RAP ��� \ \ \ \ �\ \ \\ \\ � \ W � \ Z ON 4 Onz NONWOVEN GEOTEXTILE AREA TO BE REGRADED A ,\\\\\\`\ \\\\\\\\\\\ \\ \\\ O 20 0 0 20 4o NEW GRAVEL PAVEMENT ( IN FEET) SECTION INSTALLED 1 TON CLASS B RIP RAP ��\ \ \ \ \ `\ \ \ \ (r Z Ir 1 inch 20it. ON 4 Onz NONWOVEN GEOTEXTILE \\`\`\\\\`\\\\`\`\ \\ — \\\ \\ \\ \ \\ \\\\ \\ \ V) Q m \\ \ \ \ L U J N 2411 \\\ REVISIONS 7.28.2022 E FOR REVIEW ONLY 0 Z FINISHED GRADE 18•1 3' NCDOT ABC STONE 2 - I I I I I 1 2 �� PROVIDE 4' METAL T—POST (98% COMPACTION) 8 3 — Q1 15" SMOOTH LINED CPP EACH SIDE @ 10' O.C. W/12 GAUGE WIRE TIE OVER N 1 — — — — — — — PIPE w NCDOT#2 STONE 6�� �� _ _ 6„ — I 'I I I�_III-III-III-III-III-III- CLASS B RIP RAP — I I I I — — ' —' ' —' '— — ALIGN PIPED. DTO FLOW LINE OUTLET PA I111=III-III III-III-III-III-III-III-III-III- -II I I I I of DITCH. -III=III-I 1=III-III-III-III-III-III-III-III ,-1I1=11 III s - - - w =III=III 11=1= =1 =1 =11=I=11= III-III-III=III= I I I I I EROSION CONTROL o SLOPE DRAIN DETAIL I L o DESIGNED BY: I 11=1 I I=1 I=1 I I=1 I I=1 I I=1 I I=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 I I MATTING OR EQUAL CTC NAG S150 N.T.S \ N 8 OZ NONWOVEN GEOTEXTILE `4 OZ NON-WOVEN GEOTEXTILE DRAWN BY: s AM 0 COMPACTED SOIL BERM CHECKED BY: TYP. GRAVEL PAVING SECTION DIVERSION BERM DETAIL CTC N N.T.S N.T.S LONGITUDINAL SECTION MAINTENANCE SCALE: 97 NOTE: ABC TO BE INSTALLED AS 2 LIFTS 1" = 20' E NOTE: BERM TO BE MATTED AND SEEDED ENSURE THAT ALL FILL MATERIAL IS WELL COMPACTED. INSPECT THE SLOPE DRAIN AND SUPPORTING DIVERSION AFTER DATE: IMMEDIATELY UPON CONSTRUCTION ADEQUATELY PROTECT THE DRAIN OUTLET FROM EROSION. EVERY RAINFALL, AND PROMPTLY MAKE NECESSARY REPAIRS, WHEN NOVEMBER 08, 2023 PROJECT NUMBER: Z MAKE THE SETTLED, COMPACTED DIKE RIDGE NO LESS THAN THE PROTECTED AREA HAS BEEN PERMANENTLY STABILIZED, 2200365 R ONE FOOT ABOVE THE TOP OF THE PIPE AT EVERY POINT. TEMPORARY MEASURES MAY BE REMOVED, MATERIALS DISPOSED OF U IMMEDIATELY STABILIZE ALL DISTURBED AREAS FOLLOWING PROPERLY, AND ALL DISTURBED AREAS STABILIZED APPROPRIATELY. a CONSTRUCTION. C5 . 0 0 E E DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ORANGE COUNTY SOLID WASTE Addendum No. 1 DRAINAGE REPAIRS Page 1 of 1 'o` IV T C ADDENDUM No. 1 ORANGE COUNTY SOLID WASTE DRAINAGE REPAIRS Bidders on this Project are hereby notified that this Addendum shall be attached to and made part of the Contract Documents. The following items are issued to add to, modify, and clarify the Contract Documents. These items shall have full force and effect as the Contract Documents, and cost involved shall be included in the bid prices. Bids, to be submitted on the specified date, shall be based on the additions and revisions listed herein. Acknowledge receipt of the Addendum by checking its number on the appropriate page of the bid form. Failure to do so may subject the bidder to disqualification. Clarifications/Additions to Documents: 1. Figure #1: Concrete Pad Detail Questions: 1. What is the thickness of the concrete pad at Walnut Grove? 6-inches, see the attached detail. 2. Can a detail (for the concrete pad) be provided?Yes, please see the attached detail. 3. Are there any requirements and/or details for the junction boxes at Walnut Grove? If so, can they be provided?They are NCDOT Concrete Drop Inlets see NCDOT Standard Detail 840.14. Attachments: Figure #1: Concrete Pad Detail END OF ADDENDUM #1 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA TYP. GRAVEL PAVING SECTION SEE DETAIL #4 BAR- 12" OC EW 2 -#4 BAR CONT. z a a M ABC STONE 00 . N •• N I—III-III-III-III-III-III-III-III-III-III-III— IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII o —III III III III III III III III III III III III„ III—III„ 3 8" 12" 4" 12" COMPACTED CAIR 0� SUBGRADE �oF "SSio,� w a ; SEAL 0 047275Uj U Digitally signed by Ian UFH(;IN��� LL /� Spurlock �,,�/ G��`•\ Date:2023.12.21 %,qN SPUR�O 114 Edinburgh South Drive,Suite 200 15:46:06-05'00' z Cary,NC27511 THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY IAN SPURLOCK, PE o 919-873-1060 Fax:919-873-1074 NC Firm License#F-0591 ON THE DATE ADJACENT TO THE SEAL. i5 , Richmond,VA Newport News,VA Tric > / Blacksburg,VA Northern Virginia PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND w TRC ENGINEERS,INC. Charlottesville,VA Virginia Beach,VA SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. s FIGURE#1: CONCRETE PAD DETAIL DESIGNED IUS PROJECT: 2200365 ORANGE COUNTY SOLID WASTE DRAINAGE REPAIRS DRAWN IUS CHECKED LAB SCALE: NOT TO SCALE HILLSBOROUGH, NC DATE 2023/12/21 a DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ORANGE COUNTY SOLID WASTE Addendum No. 2 DRAINAGE REPAIRS Page 1 of 1 ,o` T C N/ ADDENDUM No. 2 ORANGE COUNTY SOLID WASTE DRAINAGE REPAIRS Bidders on this Project are hereby notified that this Addendum shall be attached to and made part of the Contract Documents. The following items are issued to add to, modify, and clarify the Contract Documents. These items shall have full force and effect as the Contract Documents, and cost involved shall be included in the bid prices. Bids, to be submitted on the specified date, shall be based on the additions and revisions listed herein. Acknowledge receipt of the Addendum by checking its number on the appropriate page of the bid form. Failure to do so may subject the bidder to disqualification. Due to the predicted adverse weather conditions, a virtual option is being added for the Mandatory Prebid Meeting scheduled for January 9t", 2024 at 2pm. To verify attendance, virtual attendees must include the following information in the Microsoft Teams chat window upon entering the meeting: - Name and Title - Name of Company - Phone and email address Meeting Information: Join on your computer, mobile app or room device Click here to join the meeting https://teams.microsoft.com/I/meetup- join/19%3ameeting ZTAyMGUxM2UtYTYxNy00Zjk5LTkwNjEtY2NiMTVhZGMyYiVI%40thread.v2/0?conte xt=%7b%22Tid%22%3a%22543eaf7b-7eOd-4076-a34d- 1 fc8cc20e5bb%22%2c%220id%22%3a%2213508c31-1468-4e5f-bdd7-ce8ca4172964%22%7d Meeting ID: 252 388 020 276 Passcode: NH6KaX Download Teams I Join on the web .�"""""''�►, Or call in (audio only) �•�� N_ CA _0 �.�� ,�F '' � +1 347-966-8357„471914691# United States, New York City , ,`.� �Q, ESSCp- /''.�N , % (844) 263-8020„471914691# United States (Toll-free) = -'Q "z ; Phone Conference ID: 471 914 691# ( SEAL , 028909 If you join online, please DO NOT CALL IN on a phone also. , This will create an echo. =., �R�NG I Nel,, C L END OF ADDENDUM #2 11912024 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ORANGE COUNTY SOLID WASTE Addendum No. 3 DRAINAGE REPAIRS Page 1 of 2 T C ADDENDUM No. 3 ORANGE COUNTY SOLID WASTE DRAINAGE REPAIRS Bidders on this Project are hereby notified that this Addendum shall be attached to and made part of the Contract Documents. The following items are issued to add to, modify, and clarify the Contract Documents. These items shall have full force and effect as the Contract Documents, and cost involved shall be included in the bid prices. Bids, to be submitted on the specified date, shall be based on the additions and revisions listed herein. Acknowledge receipt of the Addendum by checking its number on the appropriate page of the bid form. Failure to do so may subject the bidder to disqualification. Clarifications/Additions to Documents: 1. The address of the bid opening location has been corrected to the following: Orange County Solid Waste Operations Center 1207 Eubanks Road Chapel Hill, North Carolina 27516 2. The following information shall be added to the Information to Bidders, Time of Completion and Liquidated Damages Section and considered part of the contract documents: For this project, the following calendar days shall be utilized: Substantial completion - 120 days from Notice to Proceed and Final Completion — 180 days from Notice to Proceed. Liquidated damages shall be $500 per day in excess of the completion deadlines listed. 3. Clarification on Drawings: a. Sheets C1.0 and C2.0 apply to both project sites. b. Sheets C3.0 and C4.0 apply to the Walnut Grove site. c. Sheet C5.0 applies to the Eubanks Road site. 4. Drawing C3.0: There is an existing subsurface area light electrical feed and a 2" PVC septic force main within the work area. See the attached Revised Drawing Set. 5. The gravel repair area for the Eubanks Road site has been enlarged to encompass recent additional erosion. See the attached Revised Drawing Set and revised Form of Proposal. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ORANGE COUNTY SOLID WASTE Addendum No. 3 DRAINAGE REPAIRS Page 2 of 2 Questions: 1. Can excess soils from the Eubanks site be disposed/deposited onsite? Answer: Yes, excess soils can be stockpiled on the adjacent C&D landfill. 2. What type of finish on the aluminum handrails?Answer: Please provide an unpolished finish. Product submittal and shop drawings are required. 3. Is there an Engineer's estimate of cost? Answer: The Engineer has estimated the project construction cost to be in the range of$280,000 to $330,000. 4. Is a General Contractor license required in order to be awarded the project?Answer:A valid General Contractor License issued by the State of North Carolina for the type and size of the project is required to be considered a responsive bidder. Attachments: 1. Pre-Bid Meeting Minutes 2. Revised Drawing Set 24/01/10 3. Revise Form of Proposal -C-Ai Ro�'� 01 , = , e i C_ .SEA / .C) 028909 LNG 1 NE� ?•�• S C L P4 r11 I11l►i"% January 77,2024 END OF ADDENDUM #3 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ,&` ,/ TRC TRC Engineers, Inc 114 Edinburgh South Dr., Suite 200 Cary, North Carolina 27511 Firm. No. F-0591 Main (919)827-0864 PreBid Meeting Minutes Meeting Name: Orange County Solid Waste Drainage Repairs Meeting Location: OCSW Operations Center Date: January 9, 2024 Time: 2:00 PM Project No.: 017055.0000.0000 Attendees: See attached attendee list 1. Project Introduction a. Engineer and Owner introductions b. Two Project Locations: i. Eubanks Road ii. Walnut Grove W&R Center 2. Important Dates and Bid Information a. Bid date—January 16, 2024 at 2:00 pm i. Sealed Bids can be hand delivered or mailed to: Orange County Solid Waste Operations Center 1207 Eubanks Road ADDRESS CORRECTION Chapel Hill, North Carolina 27516 (Original posted documents indicated 1514 Eubanks road as the bid opening location) b. Plans and specifications are available from the procurement sites listed in the advertisement for bids. c. An addendum will be issued containing minutes from this meeting and responses to any questions. Addendum No. 1 and No. 2 have already been issued. d. Deadline for questions is Friday, January 12, 2024, at 5:00 PM. e. Contractors are encouraged to visit the project areas prior to submitting a bid package. Contractor must check in with Orange County Site Staff upon arrival. Sites are closed the following days/times: i. Walnut Grove—Closed on Wednesdays and Sundays, closed until 1 pm ii. Eubanks C&D Landfill - (check in at the scale house) - Closes at 4pm Mon- Fri., closes at noon on Saturdays, Closed on Sundays f. Parties who wish to mail bid packages are encouraged to provide ample time for delivery. Bids that arrive after the bid date and time will not be accepted. i. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." g. Bid packages are required to include i. List of Proposed Subcontractors DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA OCSW Drainage Repairs PreBid Meeting Minutes—January 9, 2024 Page 2 of 3 ii. List of Proposed Suppliers iii. Contractor's license number as evidence of Bidder's State Contractor's License or a covenant by Bidder to obtain said license within the time for acceptance of Bids. Must also list the person or persons authorized to negotiate a contract if different than the person signing the Form of Proposal. iv. Required Bidder Qualification Statement with supporting data v. Receipt of Addenda vi. All other Attachments listed on the Bid Form: 1. Bid Bond—5% of Total Base Bid Price 2. E-Verify Affidavit 3. Living Wage Contractor Policy 4. Iran Divestment Act Certification 5. Orange County Nondiscrimination Certification 6. Identification of HUB Certified/Minority Business Participation 7. Minority Business Forms (Affidavits A through D, as applicable) 8. Supplemental Vendor Information: HUB Form 9. Contractor's Safety Record Information h. The project will be awarded to the lowest qualified bidder. i. Substantial completion - 120 days from Notice to Proceed. Final completion— 180 days from Notice to Proceed. Liquidated damages-$500 per day. i. To be Formally posted in Addendum No. 3 3. Project Information a. Working hours and restrictions i. NO work on Weekends without prior approval by the Owner. Work on Sundays prior to 1 pm prohibited. b. These are operational sites and will remain open during the project. Contractor will be required to coordinate with site operational staff. The Eubanks site daily operations can be temporarily relocated for the work to be completed. The temporary operations relocation will be coordinated with site staff after contract execution. c. Contractor shall be required to maintain site security and safety throughout repair. d. Prescriptive ESC measures must be in place prior to any land disturbance and maintained and supplemented as necessary throughout the duration of the project. e. Subsurface utilities i. There are existing subsurface utilities (Sewer Septic System Force Main) within the work area at Walnut Grove. Additional information will be released in Addendum No. 3. f. Access restrictions i. The Contractor shall be responsible for repairing, replacing, or stabilizing any areas impacted due to access. This includes cleaning dust, tracked dirt, seeding, replacing fences and gates, or other elements, as needed, to restore the project site to the preconstruction condition. ii. Contractor shall assess own access based upon means and methods of repair. g. Bidders are reminded that this is a project within the public's eye. Work will be occurring at a frequently used public service site. =i TRC DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA OCSW Drainage Repairs PreBid Meeting Minutes—January 9, 2024 Page 3 of 3 4. Open Meeting to Questions: a. Can excess soils from the Eubanks site be disposed/deposited onsite? Answer. Yes, they can be stockpiled on the adjacent C&D landfill. End of Minutes =i TRC DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Draper Aden Associates ox TjZC.� tnQr eerrnq • 5r neyinq •t"Fniro n+en7 r1 Sencrs f ATTENDANCE SIGN-UP SHEET MEETING: Pre-Bid Meeting PROJECT NAME: Orange County Solid Waste Drainage Repairs TRC PN: 2200365 DATE: January 9, 2024 TIME: 2:00 PM PLACE: On Site and TEAMS PAGE: 1 NAME COMPANY/ORGANIZATION EMAIL PHONE Mobile Attending 1 Tyrus Clayton TRC tcla on trccom anies.com 919-827-0909 919-795-6302 Y 2 David Britt TRC dbritt@trccompanies.com 919-256-6204 919-763-2295 Y 3 Ian Spurlock TRC ispurlock(aD_trccompanies.com 919-827-0864 813-724-4718 Y 41 Robert W. OC Solid Waste Y 5 Cheryl Young OC Solid Waste Y 6 Seamus McCarthy Pipeline/TA Loving smccarthy@pur-nc.com 984-323-1538 Y 71 H&H Enterprises 919-422-9396 Y 8 JD Swann Hamlett Associates dswann hamlettai.com 336-708-2291 Y 9 Bruce Woody OC Solid Waste Y 101 Jeremiah Lane Lanier Construction bi@lanierconstruction.com 252-286-6739 Y 11 Jason Dunn OC Solid Waste dunn Oran ecount ov 919-215-1522 Y 12 Omar Urias Moffat Pipe bids@moffatatg,.com 919-295-4630 Y 131 Nigel Brown Lanier Construction ni el lanierconstruction.com Y 14 Mason Hudson Triangle Grading sbass(catgandp.com 336-584-1745 Y 15 Ben Baucom Innovative Contracting bbaucom(aD_icg-usa.com 980-310-4452 Y 16 Orion Harrell Dragonfly Pond Works orion@dragonflypondworks.com 843-852-8082 Y 17 Mark Abbott JM Thompson mabbott()mmthompson.com 919-851-1611 X 150 Y 18 Andrew Simansky HGS,LLC (Res) asimansky(q-)_res.us 252-202-2721 Y 19 Daniel Burnette HGS,LLC Res dburnette@res.us 252-425-4547 Y 201 Garrius Jones Lanier Construction garrius@lanierconstruction.com 252-747-8124 Y 21 Issac Woods BBUDC Inc bbudcinc(cDg mail.com 919-913-8339 Y 22 BJ Lanier Lanier Construction bm�D_lanierconstruction.com 252-286-6739 Y 23 24 25 26 27 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA FORM OF PROPOSAL Orange Co. Solid Waste Drainage Repair Project Contract: 367-005407 Orange County 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 proposes and agrees, if this Proposal is accepted, to contract with the Owner in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete all construction of the subject project in accordance with the Drawings, Specifications, and Contract Documents, to the full and entire satisfaction of the Owner and the Architect, with a definite understanding that no money will be allowed for extra work, except as set forth in the General Conditions and Contract Documents for the sum of: SINGLE PRIME CONTRACT: BASIS OF BID—UNIT PRICES 3.01 Unit Price Bids A. Bidder will perform the following Work at the indicated unit prices: Eubanks Item Description Unit Estimated Bid Unit Price Bid Amount No. Quantity 1 Mobilization and Bonds LS 1 $ $ 2 Erosion and Sediment Control/Final Stabilization LS 1 $ $ 3 Grading SY 2300 $ $ 4 15-Inch Smooth Lined Corrugated HDPE LF 210 $ $ 5 4-Inch PVC Drain LF 100 $ $ 6 NCDOT Conc. Drop Inlet/Junction Box EA 2 $ $ 7 Gravel Paving SY 2300 $ $ 8 V-Shaped Swale Lined with Class A RipRap LF 50 $ $ 9 Riprap(Class B) Ton 5 $ $ Sub Total $ B. Bidder will perform the following Work at the indicated unit prices: Walnut Grove Item Description Unit Estimated Bid Unit Price Bid Amount No. Quantity 1 Erosion and Sediment Control/Final Stabilization LS 1 $ $ 2 4" underdrain LF 362 $ $ 3 NCDOT Conc. Drop Inlet/Junction Box EA 2 $ $ 4 12" HDPE LF 190 $ $ 5 New Concrete Sidewalk SF 28 $ $ 6 New Concrete Stairs with railing LS 1 $ $ 7 Rip Rap outlet protection Ton 1 $ $ 8 Concrete slab LS 1 $ $ 9 Gravel Paving SY 6200 $ Sub Total $ Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, NC Form of Proposal- 1/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Total Base Bid (Sum of A and B previous page): Dollars ($) (words) (numbers) C. Bidder acknowledges that: 1. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item. 2. Estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. 3. Items not specifically identified as a unit line item, but necessary to complete the project as shown on the plans and in the technical specifications shall be included in the cost of one of the line items above. Contractor shall determine which line item to include the additional costs based on related items or the sequencing of tasks. 3.02 Unit Cost Schedule Measurement and Basis for Payment A. The line items below provide further description of the unit cost items included in the project bid price and shall be used as a means of determining the value of Work added to or deleted from the Contract. The Unit Cost generally outlines each item and the corresponding unit price listed by the Contractor.The price associated with each item shall be the full compensation paid for the Work described, regardless of the items.The description of the item shall not limit or lessen the work associated with each item as called for in the plans and specifications. B. The Contractor shall provide quantity justification with pay requests for items paid on a unit rate basis. Quantities for unit price bid items shall be calculated based on the measurement.The Engineer reserves the right to make final decision regarding those quantities. 3.03 Unit Cost Items A. MOBILIZATION AND BONDS-This work shall consist of furnishing all necessary insurance, coinsurance, reinsurance, payment/performance bonds, local permits (including payment of permit fees), mobilization of equipment,forces, and personnel for the project. Work shall also consist of furnishing all necessary demobilization of equipment,forces, and personnel for the project.This line item shall be a maximum of 3%of the base bid price. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment,tools, and other items necessary and incidental to the completion of this work. Work under this line item will include coordination with and assisting the Engineer with execution and implementation of the CQA plan included in the project documents.This line item covers both project sites. B. EROSION AND SEDIMENT CONTROL-This Work shall consist of furnishing all labor, material, equipment, tools, and other items necessary and incidental to install and implement the Erosion and Sediment Control plan included in the Contract and Technical Specifications.This item includes maintaining the Erosion and Sediment Controls throughout the project and final stabilization/seeding until the site has been released by the Engineer and NCDEQ. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment,tools, and other items necessary and incidental to the completion of this work. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, NC Form of Proposal-2/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA C. GRADING -This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to perform grading and perimeter berm installation as dictated by the Contract, including quantity verification, project record documents, and stakeout. Work shall include installing and protecting any necessary benchmarks. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment,tools, and other items necessary and incidental to the completion of this work. D. 15-INCH SMOOTH LINED CORRUGAED HDPE -This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 15-inch smooth lined corrugated HDPE pipe.This item includes trench excavation, pipe placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. E. 4-INCH PVC DRAIN—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 4-inch PVC Drain.This item includes trench excavation, pipe placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. F. GRAVEL PAVING -This Work shall consist of furnishing all labor, material, equipment, tools, and other items necessary and incidental to install and implement gravel paving.This item includes subgrade compaction, 8 oz geotextile installation,#2 NCDOT stone installation,ABC stone installation and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. G. RIPRAP (CLASS B)—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement class B riprap.This item includes subgrade compaction,4 oz geotextile installation, and class B riprap installation. Payment for this line item will be made upon a unit rate basis, established by field survey measurements, performed by the Contractor, and provided to the Engineer. H. 4" UNDERDRAIN—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 4-inch perforated PVC underdrain.This item includes trench excavation, pipe placement, #57 stone backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. I. 12" HDPE and associated Drop Inlet/Junction Boxes—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 12- smooth lined HDPE pipe and precast concrete drop inlet/junction boxes.This item includes trench excavation, pipe/structure placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline or per structure,following final installation. J. CONCRETE STAIRS, SIDEWALK, AND CONCRETE SLAB--This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement cast-in- place reinforced concrete items.This item includes excavation, gravel subgrade installation, backfill, reinforcing steel, handrails and concrete placement/finishing. Payment for this line item will be made upon a unit rate basis, established by field measurements of square footage or item,following final installation. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, NC Form of Proposal-3/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA List all subcontractors and associated license numbers. Attach a list if additional space is necessary. General Subcontractor: Plumbing Subcontractor: Lic Lic Mechanical Subcontractor: Electrical Subcontractor: Lic Lic GS143-128(d)requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor's bid is later determined by the contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or(ii)with the approval of the awarding authority for good cause shown by the contractor. Proposal Signature Page The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned. Respectfully submitted this day of (Name of firm or corporation making bid) WITNESS: By: Signature Name: (Proprietorship or Partnership) Print or type Title (Owner/Partner/Pres./V.Pres) Address ATTEST: By: License No. Title: Federal I.D. No. (Corp. Sec. or Asst. Sec. only) (CORPORATE SEAL) Email Address: Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, INC Form of Proposal-4/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Addendum received and used in computing bid: Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 6 Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 7 **PLEASE BE SURE THAT YOUR BID PROPOSAL PACKET CONTAINS ALL OF THE FOLLOWING DOCUMENTS IN ORDER FOR IT TO BE CONSIDERED A RESPONSIVE BID** • Bid Proposal Forms • Bid Bond — 5% of Total Base Bid Price • E-Verify Affidavit • Living Wage Contractor Policy • Iran Divestment Act Certification • Orange County Nondiscrimination Certification • Identification of HUB Certified/Minority Business Participation • Minority Business Forms (Affidavits A through D, as applicable) • Supplemental Vendor Information: HUB Form • Contractor's Safety Record Information • List of Company Representatives authorized to negotiate contracts Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, INC Form of Proposal-5/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA rrnnn r ` C i ORANGE COUNTY SOLID WASTE SEAL - 028909 ,o', ; ¢ DRAINAGE REPAIRS '''rrrrrrrrrrr��� U 0 HILLSBOROUGH , NORTH CAROLINA ~ N �� v � _ o � N Ln vo w > 0? LL w � cn � E v ■ _ # PROJECT + ,. LOCATION it fym PROJECT '�1, . _ _ LOCATION . -. * - , ' _Vj �a. + �dih .. _ . R ar _ f _ a fmp ui JL It R. w V WALNUT GROVE W& R CENTER VICINITY MAP EUBANKS ROAD LANDFILL FACILITY a NOT TO SCALE z NOVEMBER 08 , 2023 c.0 0 a FOR BID ONLY o J NOT RELEASED FOR CONSTRUCTION O c.0 F__ z w Z U Lu O z U) U w CC (D o w z o > a m O oC U O = REVISIONS 2024-01-10 -ADDENDUM 3 a r v M M N DESIGNED BY: " CTC DRAWN BY: AM Know what owl CHECKED BY w CTC 01 m SCALE: before oudig , 0 1V One-Call Center ■ DATE: NOVEMBER 08, 2023 'z PROJECT NUMBER: w 2200365 cl . 0 O O N O O M O O N N O a DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA GENERAL NOTES c EROSION CONTROL NOTES CONSTRUCTION SEQUENCE 1. DIMENSIONS AND RADII ARE TO FACE OF CURB, WHERE APPLICABLE, UNLESS OTHERWISE INDICATED. 2. DIMENSIONS AT BUILDING ARE TO OUTSIDE FACE, UNLESS OTHERWISE INDICATED. 1. THE CONTRACTOR SHALL INSTALL ALL EROSION AND SEDIMENT CONTROL DEVICES AS REQUIRED DURING CONSTRUCTION IN 1. INSTALL PERIMETER E&S AND TRAFFIC CONTROL FEATURES AS NECESSARY. 3. THE CONTRACTOR SHALL SECURE ALL NECESSARY PERMITS FOR THIS PROJECT FROM THE LOCAL AND STATE AGENCIES. - SEAL ACCORDANCE WITH THE CURRENT EDITION OF THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL MANUAL. ALL DEVICES 2. EUBANKS: INSTALL PERIMETER DIVERSION BERM AND SLOPE DRAINS 4. ANY PERMITS WHICH MUST BE OBTAINED SHALL BE THE CONTRACTOR'S RESPONSIBILITY AND AT HIS EXPENSE. THE = 028909 = REFERRED TO IN THESE PLANS CAN BE FOUND IN THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL MANUAL. 3. WALNUT GROVE: INSTALL SUBSURFACE DRAINAGE AND STORMWATER INFRASTRUCTURE. CONTRACTOR SHALL BE RESPONSIBLE FOR ABIDING BY ALL CONDITIONS AND REQUIREMENTS OF THE PERMITS. ' 2. ALL DISTURBED AREAS SHALL BE PERMANENTLY SEEDED AND MULCHED PER THE NPDES SCHEDULE AFTER REACHING FINAL 4. WALNUT GROVE: INSTALL CONCRETE PAD(S)AND CONCRETE STAIRS 5. ALL PAVING MATERIALS AND DRAINAGE STRUCTURES SHALL BE BUILT AND INSTALLED IN ACCORDANCE WITH NORTH CAROLINA ,FN G GRADE. AREAS WHICH HAVE BEEN DISTURBED AND HAVE NOT REACHED FINAL GRADE, BUT WHICH ARE TO REMAIN 5. BOTH SITES: EXCAVATE EXISTING GRAVEL/SOIL PAVEMENT AREAS AS NECESSARY DEPARTMENT OF TRANSPORTATION STANDARDS AND SPECIFICATIONS. -.,��,9�. I NE•. �0��,• S UNDISTURBED FOR LONGER THAN 14 DAYS ARE TO BE TEMPORARILY SEEDED AND MULCHED PER THE NPDES SCHEDULE. AS 6. INSTALL NEW GRAVEL PAVEMENT ���������CL P� 6. THE LOCATION OF EXISTING SEWER, WATER OR GAS LINES, CONDUITS OR OTHER STRUCTURES ACROSS, UNDERNEATH, OR .,,,, UPSTREAM AREAS ARE STABILIZED WITH PERMANENT GROUND COVER, DOWNSTREAM TEMPORARY DEVICES ARE TO BE 7. STABLIZE SITE WITH SEEDING/MULCHING AND OTHER MEANS AS NECESSARY. OTHERWISE ALONG THE LINE OF PROPOSED WORK ARE NOT NECESSARILY SHOWN ON THE PLANS, AND IF SHOWN ARE ONLY OJ Ithq REMOVED. CONTRACTOR SHALL FOLLOW THE STABILIZATION TIME TABLE INCLUDED IN THIS SET OF DRAWINGS. APPROXIMATE. CONTRACTOR SHALL VERIFY LOCATION AND ELEVATION OF ALL UNDERGROUND UTILITIES SHOWN ON THE PLANS 3. THE CONTRACTOR SHALL INSTALL AND MAINTAIN MEASURES AS NECESSARY TO PREVENT SEDIMENT LEAVING THE PERMITTED IN AREAS OF CONSTRUCTION PRIOR TO STARTING WORK. CONTACT ENGINEER IMMEDIATELY IF LOCATION OR ELEVATION IS WORK AREA AT ALL TIMES. DIFFERENT FROM THAT SHOWN ON THE PLANS, IF THERE APPEARS TO BE A CONFLICT, OR UPON DISCOVERY OF ANY UTILITY 4. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERIODICALLY INSPECT ALL SEDIMENT AND EROSION CONTROL DEVICES AND NOT SHOWN ON THE PLANS. FOR ASSISTANCE IN LOCATING EXISTING UTILITIES CALL "NC ONE CALL", DIAL 811. Z o ENSURE THAT THEY ARE IN GOOD WORKING ORDER. AT A MINIMUM, ALL DEVICES SHALL BE INSPECTED WEEKLY AND AFTER 7. ALL WATER AND SEWER CONSTRUCTION AND MATERIALS SHALL CONFORM WITH THE LATEST STANDARDS AND SPECIFICATIONSQD ~ o MAJOR RAINFALL EVENTS GREATER THAN 1 INCH. ANY DEVICE NEEDING REPAIRS SHALL BE REPAIRED WITHIN 24 HOURS. OF THE TOWN OF SANFORD DEPARTMENT OF PUBLIC UTILITIES. o m TWELVE MONTHS OF COMPLETE INSPECTION FORMS SHALL BE KEPT ON-SITE AND AVAILABLE FOR INSPECTION AT ALL TIMES. IT 8. WHERE PAVEMENT IS BEING REMOVED, THE CONTRACTOR SHALL REMOVE AGGREGATE BASE MATERIAL TO SUB-GRADE. r, Ln o IS RECOMMENDED A COPY BE KEPT IN PERMITS BOX. 9. DAMAGE TO UTILITIES (INCLUDING UNDERGROUND) OR PROPERTY OF OTHERS BY CONTRACTOR DURING CONSTRUCTION SHALL w cu 5. THE CONTRACTOR SHALL INSTALL ADDITIONAL EROSION AND SEDIMENT CONTROL DEVICES IF DURING THE COURSE OF BE REPAIRED TO PRE-CONSTRUCTION CONDITIONS BY CONTRACTOR AT NO COST TO OWNER. w Q) CONSTRUCTION THE ENGINEER OR NC DEQ INSPECTOR DETERMINES THAT THEY ARE REQUIRED. 10. EXISTING PAVEMENT AND OTHER SURFACES DISTURBED BY CONTRACTOR (WHICH ARE NOT TO BE REMOVED) SHALL BELn Z0 -1 6. SILT SHALL BE REMOVED FROM SILT FENCES WHEN THE SILT REACHES APPROXIMATELY ONE-THIRD THE HEIGHT OF THE REPAIRED TO LIKE-NEW CONDITION. E BARRIER. 11. THE CONTRACTOR IS REQUIRED TO MAINTAIN ALL DITCHES, PIPES, AND OTHER DRAINAGE STRUCTURES FREE FROM " 7. THE CONTRACTOR SHALL PERIODICALLY TOP DRESS THE CONSTRUCTION ENTRANCE WITH CLEAN STONE. IF THE OBSTRUCTION UNTIL WORK IS ACCEPTED BY THE OWNER. THE CONTRACTOR IS RESPONSIBLE FOR ANY DAMAGES CAUSED BY w -z CONSTRUCTION ENTRANCE FAILS TO REMOVE DIRT FROM THE TIRES OF VEHICLES ENTERING A PUBLIC RIGHT-OF-WAY A WASH FAILURE TO MAINTAIN DRAINAGE STRUCTURES IN OPERABLE CONDITION. u RACK SHALL BE INSTALLED AND THE TIRES WASHED. THE CONTRACTOR SHALL BE REQUIRED TO PROVIDE ANY REQUIRED 12. THE OWNER SHALL HAVE A SET OF APPROVED PLANS AVAILABLE AT THE SITE AT ALL TIMES WHEN WORK IS BEING PERFORMED. WATER FOR THE WASHING OF TIRES. DIRT TRACKED ONTO THE PUBLIC RIGHT-OF-WAY SHALL BE REMOVED IMMEDIATELY BY THE A DESIGNATED RESPONSIBLE EMPLOYEE SHALL BE AVAILABLE FOR CONTACT BY INSPECTORS. [� CONTRACTOR. 13. PARKING SPACES SHALL BE DELINEATED BY FOUR INCH WIDE WHITE TRAFFIC PAINT. 8. ALL EROSION AND SILTATION MEASURES ARE TO BE PLACED PRIOR TO OR AS THE FIRST STEP IN GRADING. 14. LANDSCAPING AND SITE IMPROVEMENTS WILL BE INSTALLED AND MAINTAINED SO AS NOT TO INTERFERE WITH SIGHT DISTANCE 9. ALL STORM AND SANITARY SEWER LINES NOT IN STREETS ARE TO BE MULCHED AND SEEDED PER THE NPDES SCHEDULE AFTER NEEDS OF DRIVERS WITHIN THE PARKING AREA AND AT ENTRANCE/EXIT LOCATIONS. BACKFILL. NO MORE THAN FIVE HUNDRED FEET OF TRENCH IS TO BE OPEN AT ONE TIME. 15. THE CONTRACTOR SHALL NOTIFY THE ALL APPLICABLE REGULATORY AGENCIES AND THE ENGINEER AT LEAST 24 HOURS PRIOR 10. ALL TEMPORARY EARTH BERMS, DIVERSIONS, AND SILT DAMS ARE TO BE MULCHED AND SEEDED FOR VEGETATIVE COVER TO STARTING WORK ON THIS PROJECT. IMMEDIATELY AFTER GRADING. STRAW OR HAY MULCH IS REQUIRED. THE SAME APPLIES TO STOCKPILES ON SITE AS WELL AS 16. ALL EXCAVATION FOR UNDERGROUND PIPE INSTALLATION MUST COMPLY WITH OSHA STANDARDS FOR THE CONSTRUCTION SOIL (INTENTIONALLY) TRANSPORTED FROM THE PROJECT SITE. INDUSTRY (29 CFR PART 1926). 11. ELECTRIC POWER, TELEPHONE, GAS SUPPLY, AND OTHER UTILITY TRENCHES ARE TO BE COMPACTED, SEEDED AND MULCHED 17. VERIFY THE PROPOSED LAYOUT WITH ITS RELATIONSHIP TO THE EXISTING SITE SURVEY. ALSO VERIFY ALL DIMENSIONS, SITE IMMEDIATELY AFTER BACKFILL. CONDITIONS, AND MATERIAL SPECIFICATIONS AND NOTIFY THE OWNER AND ENGINEER OF ANY ERRORS, OMISSIONS, OR 12. DURING CONSTRUCTION, ALL STORM SEWER INLETS SHALL BE PROTECTED BY INLET PROTECTION PRACTICES, MAINTAINED AND DISCREPANCIES BEFORE COMMENCING OR PROCEEDING WITH WORK. MODIFIED AS REQUIRED BY CONSTRUCTION PROGRESS. 18. DEVIATIONS FROM, OR CHANGES TO THESE PLANS WILL NOT BE ALLOWED. 13. ANY DISTURBED AREA NOT PAVED, SODDED, OR BUILT UPON, IS TO BE SEEDED PER THE TEMPORARY AND PERMANENT SEEDING 19. MAKE EXPLORATORY EXCAVATIONS AND LOCATE EXISTING UTILITIES SUFFICIENTLY AHEAD OF CONSTRUCTION TO PERMIT SCHEDULE INCLUDED IN THESE DRAWINGS. MODIFY AS APPLICABLE DEPENDING ON PROPOSED TIME OF CONSTRUCTION. REVISIONS TO THE PLANS IF NECESSARY. THE EXISTENCE AND/OR LOCATION OF UTILITIES SHOWN ON THESE PLANS MAY BE 14. ALL DISTURBED GRASSES SHOULD BE SEEDED WITH COMMON BERMUDA OVERSEEDED WITH ANNUAL RYE. ONLY APPROXIMATELY CORRECT. TAKE PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES SHOWN HEREON AND ANY 15. CONTRACTOR STAGING AREA(S) SHALL BE RETURNED TO BETTER THAN ORIGINAL CONDITIONS AT THE COMPLETION OF THE OTHER EXISTING UTILITIES NOT OF RECORD OR NOT SHOWN ON THESE PLANS. REPAIR AT YOUR OWN EXPENSE, ANY EXISTING WORK. UTILITIES DAMAGED DURING CONSTRUCTION. IF A UTILITY IS DAMAGED DURING CONSTRUCTION, STOP WORK IMMEDIATELY AND 16. THE CONTRACTOR IS RESPONSIBLE FOR INSPECTING AND MAINTAINING ALL EROSION CONTROL MEASURES. ALL DISTURBED NOTIFY THE ENGINEER. AREAS ARE TO DRAIN TO APPROVED SEDIMENT CONTROL MEASURES AT ALL TIMES DURING LAND DISTURBING ACTIVITIES AND DURING SITE DEVELOPMENT UNTIL FINAL STABILIZATION IS ACHIEVED. 00s.6' 17. A PRE-CONSTRUCTION MEETING IS REQUIRED PRIOR TO ISSUANCE OF A LAND DISTURBANCE PERMIT. THE CONTRACTOR SHALL GENERAL UTILITY NOTES SCHEDULE THE MEETING WITH THE NC STATE INSPECTOR ASSIGNED TO THE PROJECT. 18. ALL VEGETATIVE AND STRUCTURAL EROSION AND SEDIMENT CONTROL PRACTICES WILL BE CONSTRUCTED AND MAINTAINED 1. FIRE HYDRANT VALVE AND ALL VALVE BOXES SHALL HAVE CONCRETE DONUT INSTALLED AT GRADE. ACCORDING TO MINIMUM STANDARDS AND SPECIFICATIONS OF THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL 2. THE ENGINEER MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE MANUAL AND THE NORTH CAROLINA SEDIMENTATION POLLUTION CONTROL ACT OF 1973. AREA; EITHER IN SERVICE OR ABANDONED. THE ENGINEER FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES 19. AS A CONDITION OF NPDES PERMIT NO. NCG 010000, PERMANENT GROUNDCOVER SHOULD BE PROVIDED FOR ALL DISTURBED ARE IN THE EXACT LOCATION AS INDICATED. ALTHOUGH, HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS AREAS WITHIN 14 CALENDAR DAYS OF TEMPORARILY OR PERMANENTLY SUSPENDING THE LAND DISTURBING ACTIVITY. POSSIBLE FROM THE INFORMATION AVAILABLE. 3. THE CONTRACTOR SHALL VISIT THE SITE PRIOR TO CONSTRUCTION SO THAT CONTRACTOR IS FAMILIAR AND UNDERSTANDS EXISTING CONDITIONS. EROSION CONTROL NARRATIVE 4. FIELD CHANGES MAY BE NECESSARY DUE TO EXISTING UTILITY LOCATIONS. THE ENGINEER SHALL BE CONTACTED BEFORE Ir MAKING THESE CHANGES. 5. WATER LINE TO BE INSTALLED A MINIMUM OF 3 FEET BELOW GRADE. Q 6. WATER MAINS SHALL BE LAID AT LEAST 10 FEET LATERALLY FROM EXISTING OR PROPOSED SEWERS UNLESS LOCAL 0- PROJECT DESCRIPTION CONDITIONS OR BARRIERS PREVENT A 10-FOOT LATERAL SEPARATION, IN WHICH CASE A VERTICAL SEPARATION OF AT LEAST w CONSTRUCTION OF A SELF STORAGE FACILITY AND ASSOCIATED INFRASTRUCTURE. 18" SHALL BE MAINTAINED BY EITHER LAYING THE WATER MAIN IN A SEPARATE TRENCH WITH THE BOTTOM AT LEAST 18"ABOVE THE SEWER OR LAYING THE WATER MAIN ON A BENCH IN THE SAME TRENCH AT LEAST 18" ABOVE THE SEWER. EXISTING CONDITIONS GENERAL CONSTRUCTION AND GEOTECHNICAL NOTES 7. WHERE A WATER MAIN CROSSES OVER A SEWER, MAINTAIN AT LEAST 18" VERTICAL SEPARATION BETWEEN THE PIPES. IF AN 18" LLJ THE EXISTING SITE IS MAINLY WOODED WITH A GAS MAIN RUNNING ALONG THE EASTERN EDGE. DRAINAGE FLOWS TO THE VERTICAL SEPARATION IS NOT POSSIBLE, BOTH THE WATER MAIN AND SEWER SHALL BE CONSTRUCTED OF FERROUS G SOUTHEASTERN CORNER.. ENGINEERED FILL MATERIALS (DIP)AND WITH JOINTS THAT ARE EQUIVALENT TO WATER MAIN STANDARDS FOR A DISTANCE OF 10 FT ON EACH SIDE OF THE POINT OF CROSSING. Q DEVELOPMENT IMPACTS 1. ALL CONTROLLED FILL ZONES ARE TO BE MONITORED BY A FULL TIME GEOTECHNICAL ENGINEERING SERVICES FIRM. 8. WHERE A WATER MAIN CROSSES UNDER A SEWER, MAINTAIN AT LEAST 18" VERTICAL SEPARATION BETWEEN THE PIPES. BOTH z THE DEVELOPMENT IMPACTS TO THE TOPOGRAPHY WILL BE MINIMAL. 2. ENGINEERED FILLS SHALL BE PROPERLY PLACED ACCORDING TO THE RECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER. THE WATER MAIN AND SEWER SHALL BE CONSTRUCTED OF FERROUS MATERIALS (DIP)AND WITH JOINTS THAT ARE 3. ALL SUMMARY REPORTS FROM THE GEOTECHNICAL ENGINEER REPRESENTING THE PROJECT MUST STATE HIS PROFESSIONAL EQUIVALENT TO WATER MAIN STANDARDS FOR A DISTANCE OF 10 FT ON EACH SIDE OF THE POINT OF CROSSING. A SECTION OF SOILS OPINION ON THE SATISFACTORILY COMPLETED PHASES OF CONSTRUCTION SUCH AS; SLOPE CUTS, SUBDRAINAGE SYSTEMS, WATER PIPE SHALL BE CENTERED AT THE POINT OF CROSSING. THE SITE IS HYDROLOGIC SOIL GROUP D. PREPARATION OF SUBGRADES AND COMPACTION OF EARTH FILLS. 0 CRITICAL EROSION AREAS 4. NO FILLS SHALL HAVE ZONES THAT EXCEED TWO (2) FEET IN ELEVATION WITHOUT CONDUCTING COMPACTION TEST AND w 1. CARE MUST BETAKEN TO PREVENT SEDIMENT FROM BEING TRACKED ONTO ADJACENT ROADWAYS. OBTAINING RESULTS OF 95% OR GREATER. PERMANENT SEEDING SCHEDULE FOR GRASS-LINED CHANNELS 5. THE GEOTECHNICAL ENGINEER MUST SUBMIT A DETAILED ANALYSIS, ITEMIZING THE FIELD DENSITY TEST RESULTS. THIS PERMANENT SEEDING SCHEDULE FOR AREAS OTHER THAN 2. CARE MUST BE TAKEN TO PREVENT SEDIMENT EXITING THE PROJECT SITE AREA. REPORT SHALL BE ACCOMPANIED WITH A COPY OF THE SITE PLAN SHEET AND INDICATE THE TEST LOCATIONS AND ELEVATIONS. CHANNELS DATES SPECIES RATE (LB/ACRE) 3. CARE MUST BETAKEN TO PREVENT SEDIMENT FROM ENTERING ANY STREAM, DITCH, OR DRAINAGE WAY ON OR ADJACENT TO THE REPORT SHALL AL ENGINEER MUST PROVIDE ENOUGH DESIGNATED TESTING IN ALL FILL ZONES TO ADEQUATELY EXAMINE *THIS PLANTING SCHEDULE IS ONLY FOR AREAS NOT DETAILED ON BEST Q THE SITE. AND CERTIFY THE INTEGRITY OF THE FILL. PLANTING PLAN -SEE PLANTING PLAN FOR SEEDING DETAIL AND GROUND AUG 15-OCT 31 TALL FESCUE 200 6. THE GEOTECHNICAL ENGINEER MUST SUBMIT A CERTIFIED BUILDING PAD REPORT FOR EACH FILL PAD LOCATION. THIS REPORT COVER. POSSIBLE 30, STOCKPILING SHALL PROFILE THE FILL MATERIAL PLACEMENT AND PROVIDE THE COMPACTION TEST RESULTS. ALL REPORTS WILL BE FEB 1 -APR 15 SOME TOPSOIL STOCKPILING IS ANTICIPATED ON-SITE. SPECIES RATE (LB/ACRE) 0 ACCOMPANIED BY THE SITE PLAN, INDICATING THE TEST LOCATIONS AND ELEVATIONS. 3:1 AND STEEPER SLOPES SLOPES NURSE PLANTS J STRUCTURAL PRACTICES 7. NO BUILDING PADS IN FILL ZONES WILL HAVE STRATUMS EXCEEDING TWO (2) FEET IN ELEVATION WITHOUT TEST VERIFYING FLATTER THAN 3:1 PRIOR TO MAY 1 OR AFTER AUG 15, ADD 40 LB/ACRE RYE (GRAIN). O CONSTRUCTION ENTRANCE DENSITY. TALL FESCUE 100 80 SILT FENCE 8. THESE GEOTECHNICAL NOTES SHALL IN NO WAY LESSEN THE REQUIREMENTS OF THE SUBMITTED SOILS REPORT. PARTRIDGE PEA 10 10 SOIL AMENDMENTS U) PENSACOLA BAHIAGRASS 25 NONE FOLLOW RECOMMENDATIONS OF SOIL TESTS OR APPLY 4,000 LB/ACRE GROUND SEDIMENT BASIN ROAD SUBGRADE AGRICULTURAL LIMESTONE AND 1000 LB/ACRE 10-10-10 FERTILIZER. OPERATE TILLAGE TEMPORARY DIVERSION DITCH AFTER AUGUST 15 USE UNSCARIFIED SERICEA SEED. EQUIPMENT ACROSS THE WATERWAY.ALL BARE AREAS BETWEEN DIVERSIONS AND INLET PROTECTION 1. INSPECTION AND APPROVAL OF THE SUBGRADE WILL BE REQUIRED PRIOR TO THE PLACEMENT OF THE APPROVED PAVEMENT PERIMETER MEASURES SHALL BE SEEDED, MULCHED, AND TACKED TO PREVENT w � OUTLET PROTECTION SECTION MATERIAL. NURSE PLANTS EROSION. TACK RATE SHALL BE 400 GALLONS PER ACRE OF ASPHALT TACKIFIER z PRIOR TO MAY 1 OR AFTER AUG 15,ADD 40 LB/ACRE RYE (GRAIN). MULCH VEGETATIVE PRACTICES 2. ANY CLAY DEPOSITS IN THE TOP TWO FEET OF THE SUBGRADE MUST BE REMOVED OR ADDRESSED AS RECOMMENDED BY THE USE A ROLLED EROSION CONTROL PRODUCT TO COVER THE BOTTOM OF CHANNELS O 0 U GEOTECHNICAL ENGINEER. SEEDING DATES AND DITCHES AND STAPLE SECURELY. THE LINING SHOULD EXTEND ABOVE THE z TOPSOILING Z TEMPORARY SEEDING 3. SUBGRADE APPROVAL SHALL BE ACCOMPANIED BY THE SUPPORTING DOCUMENTATION VERIFYING DENSITY TEST RESULTS OF BEST POSSIBLE HIGHEST CALCULATED DEPTH OF FLOW. U = PERMANENT SEEDING 95% OR GREATER. FALL: AUG 25-SEP 15 AUG 20-OCT 25 MAINTENANCE J 4. THE ENTIRE SUBGRADE WILL HAVE BEEN PROOFROLLED IN THE PRESENCE OF THE SITE INSPECTOR AND GEOTECHNICAL LATE WINTER: FEB 15- MAR 21 FEB 1 -APR 15 INSPECT AND REPAIR MULCH FREQUENTLY. REFERTILIZE IN LATE WINTER OF THE Q w MULCHING REPRESENTATIVE. PROOFROLLING SHALL BE A RUBBER TIRE VEHICLE SUCH AS A LOADED TEN (10) TON TRUCK OF APPROVED FOLLOWING YEAR. FOLLOW RECOMMENDATIONS OF SOIL TESTS OR USE 150 LB/ACRE COMPACTION EQUIPMENT. FALL IS BEST FOR TALL FESCUE AND LATE WINTER FOR PATRIDGE PEA. OF 10-10-10. MOW REGULARLY TO A HEIGHT OF 2-4 INCHES. 12L `J(I� 0 MANAGEMENT STRATEGIES 5. THE FINAL SUBGRADE SHALL BE APPROVED BY THE GEOTECHNICAL ENGINEER AND SITE INSPECTOR BEFORE PLACEMENT OF OVERSEEDING OF PARTRIDGE PEA OVER FALL-SEEDED TALL FESCUE IS w Z IY 1. CONSTRUCTION WILL BE SEQUENCED SO THAT GRADING OPERATIONS CAN BEGIN AND END AS QUICKLY AS POSSIBLE. PAVEMENT SECTION MATERIALS. VERY EFFECTIVE. Z Q m 2. SEDIMENT TRAPPING MEASURES WILL BE INSTALLED AS A FIRST STEP IN GRADING. 3. THE JOB SUPERINTENDENT SHALL BE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF ALL EROSION AND SEDIMENT SOIL AMENDMENTS SPECIFICATIONS W cr J CONTROL PRACTICES. FOLLOW RECOMMENDATIONS OF SOIL TESTS OR APPLY 4,000 LB/ACRE GROUND AGRICULTURAL LIMESTONE AND 1000 LB/ACRE 10-10-10 1. PLOW COMPACTED AREAS 6 INCHES DEEP. v rt O = 4. AFTER ACHIEVING ADEQUATE STABILIZATION AND UPON APPROVAL OF DEQ EROSION CONTROL INSPECTOR, THE TEMPORARY FERTILIZER. 2. APPLY TOPSOIL IF AVAILABLE. E&S CONTROLS WILL BE CLEANED UP AND REMOVED. NEW STABILIZATION TIMEFRAMES 3. APPLY LIME AND FERTILIZER UNIFORMLY AND INCORPORATE INTO THE TOP 4-6 REVISIONS (EFFECTIVE AUG.3,2011) MULCH INCHES OF SOIL. IF A HYDRAULIC SEEDER IS USED, DO NOT MIX SEED AND FERTILIZER 2024-01-10 - ADDENDUM 3 PERMANENT STABILIZATION APPLY 4,000-5,000 LB/ACRE GRAIN STRAW. ANCHOR BY TACKING WITH MORE THAN 30 MINUTES BEFORE APPLICATION. THE DISTURBED AREAS WILL BE PERMANENTLY STABILIZED THROUGH THE USE OF IMPERVIOUS SURFACES AND PERMANENT ASPHALT. ON SLOPE 3:1 OR STEEPER ANCHOR STRAW WITH NETTING. 4. UNLESS HYDROSEEDING IS USED, BREAK UP LARGE CLODS. IF SURFACE IS SEALED, SEEDING. LOOSEN IT IMMEDIATELY BEFORE SEEDING BY RAKING, DISKING, HARROWING OR SITE AREA DESCRIPTION STABILIZATION TIMEFRAME EXCEPTIONS MAINTENANCE OTHER SUITABLE METHODS. GROOVE OR FURROW SLOPES STEEPER THAN 3:1 ON MANAGEMENT STRATEGIES REFERTILIZE IN THE SECOND YEAR UNLESS GROWTH IS FULLY THE CONTOUR BEFORE SEEDING. 1. THE SILT FENCE BARRIER WILL BE CHECKED REGULARLY FOR UNDERMINING OR DETERIORATION OF THE FABRIC. SEDIMENT ADEQUATE. MAY BE MOWED ONCE OR TWICE A YEAR, BUT MOWING IS 5. EVENLY APPLY SEED USING A CYCLONE SEEDER(BROADCAST), DRILL, CULTIPACKER SHALL BE REMOVED WHEN THE LEVEL OF SEDIMENT DEPOSITION REACHES 1/3 THE WAY TO THE TOP OF THE BARRIER. PERIMETER DIKES, SWALES, DITCHES, SLOPES 7 DAYS NONE NOT NECESSARY. REFERTILIZE, RESEED AND MULCH DAMAGED AREAS SEEDER OR HYDROSEEDER. SMALL GRAINS SHOULD BE PLANTED NO MORE THAN IMMEDIATELY. ONE INCH DEEP, GRASSES AND LEGUMES NO MORE THAN 1/2 INCH. 2. THE SEDIMENT TRAP AND BASIN SHALL BE INSPECTED AFTER EACH RAIN AND REPAIRS MADE AS NEEDED. SEDIMENT SHALL BE 6. BROADCAST SEED MUST BE COVERED BY RAKING OR CHAIN DRAGGING AND THEN REMOVED AND THE TRAP RESTORED TO ITS ORIGINAL DIMENSIONS WHEN THE SEDIMENT HAS ACCUMULATED TO ONE HALF THE LIGHTLY FIRMED WITH A ROLLER OR CULTIPAKER. HYDROSEEDED MIXTURES SHOULD DESIGN WILL NODEPTH T ERODE �F THE TRAP. REMOVED SEDIMENT SHALL BE DEPOSITED IN A SUITABLE AREA AND IN SUCH A MANNER THAT IT HIGH QUALITY WATER (HQW) ZONES 7 DAYS NONE PS PERMANENT SEEDING 7. INCLUDE A WOOD FIBER (CELLULOSE) MULCH. IN AREAS NOT HYDROSEEDED, MULCH WITH GRAIN STRAW. SEE SEEDING SCHEDULES. o -- M = _ \ SLOPES STEEPER THAN 3:1 7 DAYS IF SLOPES ARE 10'OR LESS IN LENGTH AND ARE 1^ DESIGNED BY: N _ NOT STEEPER THAN 2:1 14 DAYS ARE ALLOWED. - - CTC �. - o - DRAWN BY: o - AM CHECKED BY: oSLOPES 3:1 OR FLATTER 14 DAYS 7 DAYS FOR SLOPES GREATER THAN 51N LENGTH. o CTC 0 \ SCALE: �I o - DOZER TREADS CREATE "'@i / DATE: ALL OTHER AREA WITH 14 DAYS NONE, EXCEPT FOR PERIMETERS TOO THE SSLOPE.ENDICULAR / NOVEMBER 08, 2023 '> SLOPES FLATTER THAN 4:1 AND HQW ZONES. oe� Z ,� i PROJECT NUMBER: b G, 2200365 TRA C KIN G C2 . 0 O O 0 SURFACE PREPARATION FOR SEEDING N d DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA _ SEAL - i c), 028909 _ IN Z o 0 ■ v lD r� O V1 � 4 rn N u1 v� o ! 0? � � w o � 695 *K x .4545 Z o C� G P S wN E �.... Z Z U M Z W GRAVEL PAVE REPAIR � � � �o O O O (SEE TYP. DETAIL) GRAPHIC SCALE • � O<�� 20 0 10 20 40 80 f \ ( IN FEET) 1 i CLEANOUTS \ NOTES: f Y= 1. NEW SIDEWALK AND LANDING AT 2% MAX CONTRACTOR TO FINE GRADE { I SURROUNDING AREA SO GRADE IS FLUSH WITH TOP OF SIDEWALK. C 4" PERFORATED PVC IP UNDERDRAIN @ 0.1% (SE 51 (SEE DETAIL) 11 � O O O � I9 ® 6 116 1 o WELL/FAKE ROCK 0.75' e \ 7T Wall wit an r � C o� • EXISTING CONCRETE o PAVEMENT (l) Q - m NEW DI 0- RIM 687.0 691 _ w INV 685.5 EXISTING CONCRETE / / \ \ SLOPE NEW PAD TO DROP RETAINING WALL INLET AS LOW POINT � w 7� _ NEW 5' WIDE CONCRETE SIDEWALK AND LANDING LINED D H D SMOOTH or < NEW CONCRETE STAIRS AND / W \\ LINED @ • RAILING 0.7% ]w 0� JUNCTION 0 NEW 20X40 CONCRETE PAD. ABUT SOUTHERN `� '� -� I RIM 686.1 EDGE TO TOE OF SLOPE. DOWEL TO w EXISTING SLAB WITH 12"#4 REBAR EVERY 2'. � ` "' w \ Do Not � `\ / _S5 SS ui Enter Sign _-SS - \ % V _ , 0 ■ Light Pole with 3y —'_ 1 TON CLASS A RIPRAP J Cameras �\ — OUTLET PROTECTION 06 O ON GEOTEXTILE - FIT TO SHAPE OF DITCH uj T PATCH ROAD CUT WITH 8 / z COMPACTED ABC STONE 55 X x - _ • 68 ON GEOTEXTILE 00UT 0 () 10'WIDE MIN / 'R O Z ' # LINED LF IHDPEOOTH v C) � APPROXIMATE LOCATION OF 2" PV ° @ w / $6 SEPTIC FORCE MAIN AND UNDERGROU 0.7/o 6 ELECTRIC. CONTRACTOR TO LOCATE Z Z Iz - - PRIOR TO NEW STORM PIPE INSTALL AND J Q m 1L ' VERIFY FOR NO CONFLICT. - co • �� } REVISIONS 2024-01-10-ADDENDUM 3 ■ r A- X� XJ x 688.6620 GPS a 0 M DESIGNED BY: N CTC DRAWN BY: ro AM m CHECKED BY: _ CTC W SCALE: 1" 20' DATE: NOVEMBER 08, 2023 'z PROJECT NUMBER: w a 2200365 N J c1 O O N N C3 . 0 �1116 o 0 N N O N a DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ill N F s 0 o A q A A o 0 0�o ACc� �� SEAL oo 0 0 0 0 0 0 = 028909 .0', 3 d o 0 0 0 0 o cC 3do(MIN.) 0 0 0 0 0 0 0 0 0 0 0 doE �-�, -�, -, PIPE OUTLET TO FLAT AREA WITH C/S CL P� NO DEFINED CHANNEL do 0 0 0 0 o PIPE OUTLET PLAN VIEW TO WELL u c PLAN VIEW � o 0 0 0 �- DEFINED CHANNEL 8" COMPACTED ABC STONE L a L a o 0% SLOPE 0% SLOPE Oo Z oN o rn NC DOT#57 STONE v o d d FILTER CLOTH SECTION A-A FILTER CLOTH wcm SECTION A-A ° 71 KEY IN 6"-9"; RECOMMENDED KEY IN 6"-9"; RECOMMENDED o 0 0 0 J FOR ENTIRE PERIMETER FOR ENTIRE PERIMETER N � zv 8 OZ NON-WOVEN o o o w ra It u NOTES: GEOTEXTILE 1. APRON LINING MAY BE RIPRAP, GROUTED RIPRAP, GABION BASKET, OR CONCRETE. o 0 0 OP OUTLET PROTECTION DETAIL 2. La IS THE LENGTH OF THE RIPRAP APRON AS SHOWN ON TABLE NOT TO SCALE 3. d = 1.5 TIMES THE MAXIMUM STONE DIAMETER, BUT NOT LESS THAN 6 INCHES. 4. CLASS B RIP RAP 0 0 CAP 4" PERFORATED PVC7 @ 0.1% (SDR 35) fle PERFORATIONS MAY BE: -6 ROWS, .02"TO .04"ALTERNATING SLOTS, 5" LONG, 5"APART, OR -3 ROWS OF 1/2" HOLES 5 INCHES APART #4 © 12" EW, TYP. 3/4" FLEXIBLE EQUAL TREADS — SEE JOINT FILLER, ALUMINUM HANDRAIL, UNDERDRAIN DETAIL STAIR DETAIL TYP. SEE NOTE 6 SEE DETAIL THIS SHEET NOT TO SCALE CONCRETE CURB 6" SEE DETAIL 2/SHT. 1 3" METAL 6„ NOSING, TYP. 6 EQUAL RISERS �- TOTAL 7" RISE, _ % 11" TREAD) #57 STONE, 6 THICK 8" 2" CLEARANCE Q Co #4 ® 12" EW 6" TYP. ABOVE TOP NCDOT ABC STONE 811 W CID �-� OF STEP/LANDING (98/° COMPACTION) 2—#5 TOP & BOTTOM ° d NCDOT#2 STONE 6" w �W/ #3 STIRRUPS @ 10" o 0 0 o o a A ° TI=ITI=III ITI=ITI=ITI=III=III=III=III=III=III=III=ITI=III=1 Q —III—III=1 1-11-11-11=11=11=11=11=11=11=1 I I—I 11=1 I I—I III-III-III I COMPACTED�SUBG�RADE III-III-III-III z =1 11=1 I I—I I- =1 I M I M 11 C O N C R E TE CURB DETAIL —1 = — 111III11�II ���III� III��III���III���III� III��III� III��III� III��III� III��IIII TYPICAL SECTION THROUGH EXTERIOR STAIRS 8 OZ NONWOVEN GEOTEXTILE NOT TO SCALE NOT TO SCALE 0 TYP. GRAVEL PAVING SECTION ( ) LJJ N.T.S J � NOTE: ABC TO BE INSTALLED AS 2 LIFTS Q Q LIJ 0 0 W J rram_^^ r0 V) ^^ MIN 4'-0" v J SEE SITE PLAN FOR TYP. GRAVEL PAVING SECTION Lu 1 1/2" DIAMETER ACTUAL WIDTHS SEE DETAIL > ALUMINUM HANDRAIL — 4" CONIC 6"x6"— W2.9xW2.9 WWF #4 BAR- 12" OC EW 2 -#4 BAR CONT. O U ZD 4, ui ABCSTONE 0 0 0 01.4ti I I I =1 I =1 I =1 I =1 I =1 I I r� I I - —IT1 I-T1 I-T1 I-T1 I-1 T 1T1 I1 IT1 I1 I =T1 I1 I =T1 I1 I =T1 I1 I =T1 I-1 1 1—T1 I J I II I II Qz 0_0- - - ---- - - - -=—=I Q J -=-=---=-=- 12 LTI I I I I � 8" 12„ 4�� 12" O 2 COMPACTED �H COMPACTED SUBGRADE SUBGRADE CAI�`��oR REVISIONS c° I LANDING MIN 4" NCDOT ABC STONE \��� �oFESS/, 2024-01-10-ADDENDUM 3 / LJ NOTES: _ Q CURB _ SEAL BEYOND 1) CONTRACTION JOINTS TO BE AT 6' O.C. CONC. PAD DETAIL SECTION 2) EXPANSION JOINTS TO BE AT ALL CHANGES N.T.S 00 °IN IN DIRECTION AND AT 30' O.C. MAXIMUM. CONCRETE 3) SIDEWALK SHALL BE MAINTAINED AT 1: 20 MAXIMUM STEPS SLOPE IN ALL DIRECTIONS OF TRAVEL a MLi a L p a o TYPICAL SIDEWALK DETA N LANDING—\ o NOT TO SCALE �D G `m o N OTE: DESIGNED BY: MAXIMUM POST SPACING 6"-0'$ O.C. CTC DRAWN BY: HANDRAIL DETAIL CHECKED BY: U) AM SCALE: 1" = 1'-0" CTC o SCALE: M — O N DATE: NOVEMBER 08, 2023 z PROJECT NUMBER: w 2200365 C4 . 0 O O N N O O M O O N N O N_ d DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA VICINITY MAP "loll C SEAL 4 � 11 ;I Blackwood - 028909 ORANGE COUNTY -- ,;' Mtn. 1725 =n�' -'Q? \\�\� DUKE FOREST ����S++C L \� I Meadow II Flats II II \\ r l It EUBANKS Z o It ROAD ,00s C&D o II LANDFILL I� r -1 rn '\EU ROAD S 1727 r, 1727op rn w rn o � U Ln J \` II LuLnN E II Z Wiz " II 1 \ \ \ \\ III LU m Z 1729 ` I \ I ` \\ \ \ \\ ? \ \ \ NOTE: EXCESS CUT MATERIAL TO BE 1117 "NN \ STOCKPILED ON ADJACENT C&D LANDFILL. \ \ \ \ I \ , , V-SHAPE SWALE ALONG EDGE OF GRAVEL PAVING. \`\ \\\ \\1 `, ' ', `, \\\ \� COORDINATE W / OWNER FOR EXACT LOCATION 1' DEEP, 2:1 SIDE SLOPES. LINED WITH CLASS A RIP RAP. �\ \ \ \ \\ \\\ N CONNECT TO EXISTING 4" WALL DRAIN I EXISTING RETAINING WALL \ AREA OF GRAVEL PAVING INSTALLATION 1 I I I I I I I I 40.0' \I I I I � I I I I � I i I I \\ \• \\ � i \\ I II I I II I I I \ I I , ; I II , , , IN. Building Building , 1 I I III I it \ NEW DROP INLET l 0- 535 RIM: 535.8 W ' I I ��' ��� � INV: 532.5 j W 4" PVC @1% MIN 15" SMOOTH (IJ (2' BELOW GRADE MN) Q� LINED CPP a ��' DIVERSION BERM z s NEW DROP INLET 15" CPP SLOPE DRAIN \`I `, I '� ; ; '\ 1 �`\ s�� �;� �s Q RIM: 535.3 o `\\ INV IN/OUT:531.5 0 533 LU \ \ - - Q \ \ N, `` \ S _ — --- --- ---- \ \ - - -- ----------- _ \ \ \ \ \ `\ \ \ `� - --------------- ---------------- ------------------ - --- ---- \ \ \ \ \ -- ---- -- --------------- -------- --------------------------------- - \\\ `\ \ \ _— J�LV� 1fQ------ — — ——————————— ———————————————————————————————————— -------- L_� RA11y --___— `\ \\\ \ \\\ J \ \ \ \ -_- ----------------------------------------------------------------------------- - ---- \ \\ `\ \ \\ \ \ - ------ -IY-SL-OP€-DRA�I4------ ----------------------------------------------------------- ---------------- -------------- ------ _�\ `\ \ `\\ \ -------------------------------------- ----- --' --- ------ \ ` \_- �\ --------------- _ - \ \ \ \\\\ \\ `\ \ \ \\ N. \_- -- ---------_-- ------ -- ' \\ ` \ \ \\ \\ \ \ \ `\ `\ \ \ \ \\ \\ \\ \ \\ \ \\ \\ \ \ r ) = GRAPHIC SCALE 1 TON CLASS B RIP RAP -," \_ �J \ \ \ \ \` \ \` \` \ \ z LU ON 4 OZ NONWOVEN GEOT-EXTILE AREA TO BE REGRADED AN \\\\\\`\\\ \ \\\\ \\ \\ \ O 2!) o ,0 2!) 4o NEW GRAVEL PAVEMENT `\ 1 TON CLASS B RIP RAP \ (IN FEET) N\\ \ ` \ `\ ` \ \ 1 inch_ loft. SECTION INSTALLED ON 4 OZ NONWOVEN GEOTEXTILE \\` ` \\ \ ` \\ \ — z O 24" ` \ 2024-01-0-REVISIONS ADDENDUM 3 �t 2 PROVIDE 4' METAL T-POST Q 1 15" SMOOTH LINED CPP EACH SIDE ® 10' O.C. W/12 GAUGE WIRE TIE OVER 18" PIPE /o NCDOT ABC STONE 8 2 I I I CLASS B RIP RAP (98 COMPACTION) a OUTLET PAD. — — — — — — — — OF ALIGNDITCH.E TO FLOW LINE N o NCDOT#2 STONE 6 6 I I - I - I -III-III-I I-III=i I I=1 I I=1 I I=1 I I-III=1 I=1 I I=1 I=1 I I=1 I=1 I I=1 III I SLOPE DRAIN DETAIL III-III-III II I III=III=III=III=III - N.T.S 3 4 OZ NON-WOVEN GEOTEXTILE EROSION CONTROL DESIGNED BY: IIIII�IIIII�111 I�IIIII�II11�11111�1111�11111�1111�11111�1111�11111�1111�11111�1111�1111� I I �— I I I I MATTING OR EQUAL CTC 8 OZ NONWOVEN GEOTEXTILE NAG S150 DRAWN BY: AM COMPACTED SOIL BERM CHECKED BY: TYP. GRAVEL PAVING SECTION DIVERSION BERM DETAIL CTC W N.T.S N.T.S LONGITUDINAL SECTION MAINTENANCE SCALE: NOTE: ABC TO BE INSTALLED AS 2 LIFTS 1" = 20' N NOTE: BERM TO BE MATTED AND SEEDED ENSURE THAT ALL FILL MATERIAL IS WELL COMPACTED. INSPECT THE SLOPE DRAIN AND SUPPORTING DIVERSION AFTER EVERY RAINFALL, DATE: IMMEDIATELY UPON CONSTRUCTION ADEQUATELY PROTECT THE DRAIN OUTLET FROM EROSION. AND PROMPTLY MAKE NECESSARY REPAIRS, WHEN THE PROTECTED AREA HAS NOVEMBER 08, 2023 Z MAKE THE SETTLED, COMPACTED DIKE RIDGE NO LESS THAN ONE FOOT BEEN PERMANENTLY STABILIZED, TEMPORARY MEASURES MAY BE REMOVED, PROJECT NUMBER: s ABOVE THE TOP OF THE PIPE AT EVERY POINT. MATERIALS DISPOSED OF PROPERLY, AND ALL DISTURBED AREAS STABILIZED 2200365 IMMEDIATELY STABILIZE ALL DISTURBED AREAS FOLLOWING APPROPRIATELY. CONSTRUCTION. C5 . 0 N N O N a DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ORANGE COUNTY SOLID WASTE Addendum No. 4 DRAINAGE REPAIRS Page 1 of 1 T C ADDENDUM No. 4 ORANGE COUNTY SOLID WASTE DRAINAGE REPAIRS Bidders on this Project are hereby notified that this Addendum shall be attached to and made part of the Contract Documents. The following items are issued to add to, modify, and clarify the Contract Documents. These items shall have full force and effect as the Contract Documents, and cost involved shall be included in the bid prices. Bids, to be submitted on the specified date, shall be based on the additions and revisions listed herein. Acknowledge receipt of the Addendum by checking its number on the appropriate page of the bid form. Failure to do so may subject the bidder to disqualification. Notice: The bid date has been revised to Thursday, January 18, 2024 at 2:00 PM(EST) at the same location previously noted in Addendum No. 3. A final Addendum No. 5 will be issued on Tuesday, January 16, 2024 answering the questions received today. CARO Q, SEAT , ; C 028909 Q_ �NG 1 NV-- p�•�'. January 12,2024 END OF ADDENDUM #4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ORANGE COUNTY SOLID WASTE Addendum No. 5 DRAINAGE REPAIRS Page 1 of 2 T C ADDENDUM No. 3 ORANGE COUNTY SOLID WASTE DRAINAGE REPAIRS Bidders on this Project are hereby notified that this Addendum shall be attached to and made part of the Contract Documents. The following items are issued to add to, modify, and clarify the Contract Documents. These items shall have full force and effect as the Contract Documents, and cost involved shall be included in the bid prices. Bids, to be submitted on the specified date, shall be based on the additions and revisions listed herein. Acknowledge receipt of the Addendum by checking its number on the appropriate page of the bid form. Failure to do so may subject the bidder to disqualification. Clarifications/Additions to Documents: 1. The following information shall be revised: For this project, the following calendar days shall be utilized: Substantial completion - 120 days from Notice to Proceed and Final Completion —4-98 150 days from Notice to Proceed. Liquidated damages shall be $500 per day in excess of the completion deadlines listed. 2. Reminder: The bid date has been revised to Thursday, January 18, 2024 at 2:00 PM(EST) at Orange County Solid Waste Operations Center, 1207 Eubanks Road, Chapel Hill, North Carolina 27516. 3. Bid Item B.9 Gravel Paving Quantity has been revised. A revised Form of Proposal is attached. Questions: 1. Do pipe outlets to rip rap require a flare end section? Answer: Yes, pipe outlets for both sites require flared end sections. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ORANGE COUNTY SOLID WASTE Addendum No. 5 DRAINAGE REPAIRS Page 2 of 2 2. What is invert out for Junction Box at Walnut Grove?Answer.•See pipe invert revisions below. 1 1 NEW DI f 1 RIM 687.0 INVB8j.S-- INV.684.95 SLOPE NEW PAD TO DROP ` 1 INLET AS LOW POINT I. 100 LF 12"SMOOTH J LINED HDPE 0.`% 0.5% ' NEW JUNCTION + . RIM 686.1 INV.684.45 k � - INV OUT � 6840- -y 90 LF 12'SMOOTH APPROXIMATE LOCATION OF 2"PV LINED HOPE E SEPTIC FORCE MAIN AND UNDERGROU 0 5% I ELECTRIC.CONTRACTOR TO LOCATE } PRIOR TO NEW STORM PIPE INSTALL AND VERIFY FOR NO CONFLICT. 3. Not sure we can get traffic rated precast structures that shallow. Is there a masonry option? Answer: Yes, masonry-built structures meeting the requirements of NCDOT Standard Detail 840.75 are acceptable. Attachments: 1. Form of Proposal - Revision #2 ,`.11`1111111CAIR�����'% •� �.oFi`ssio��/2 C'+ - 0289 9 - :n r ' LNG I NE��'���• CLN January 75,2024 END OF ADDENDUM #5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA FORM OF PROPOSAL Orange Co. Solid Waste Drainage Repair Project Contract: 367-005407 Orange County 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 proposes and agrees, if this Proposal is accepted, to contract with the Owner in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete all construction of the subject project in accordance with the Drawings, Specifications, and Contract Documents, to the full and entire satisfaction of the Owner and the Architect, with a definite understanding that no money will be allowed for extra work, except as set forth in the General Conditions and Contract Documents for the sum of: SINGLE PRIME CONTRACT: BASIS OF BID—UNIT PRICES 3.01 Unit Price Bids A. Bidder will perform the following Work at the indicated unit prices: Eubanks Item Description Unit Estimated Bid Unit Price Bid Amount No. Quantity 1 Mobilization and Bonds LS 1 $ $ 2 Erosion and Sediment Control/Final Stabilization LS 1 $ $ 3 Grading SY 2300 $ $ 4 15-Inch Smooth Lined Corrugated HDPE LF 210 $ $ 5 4-Inch PVC Drain LF 100 $ $ 6 NCDOT Conc. Drop Inlet/Junction Box EA 2 $ $ 7 Gravel Paving SY 2300 $ $ 8 V-Shaped Swale Lined with Class A RipRap LF 50 $ $ 9 Riprap(Class B) Ton 5 $ $ Sub Total $ B. Bidder will perform the following Work at the indicated unit prices: Walnut Grove Item Description Unit Estimated Bid Unit Price Bid Amount No. Quantity 1 Erosion and Sediment Control/Final Stabilization LS 1 $ $ 2 4" underdrain LF 175 $ $ 3 NCDOT Conc. Drop Inlet/Junction Box EA 2 $ $ 4 12" HDPE LF 190 $ $ 5 New Concrete Sidewalk SF 28 $ $ 6 New Concrete Stairs with railing LS 1 $ $ 7 Rip Rap outlet protection Ton 1 $ $ 8 Concrete slab LS 1 $ $ 9 Gravel Paving SY 695 $ $ Sub Total $ Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 5—Jan. 15,2024 Orange County, NC Form of Proposal- 1/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Total Base Bid (Sum of A and B previous page): Dollars ($) (words) (numbers) C. Bidder acknowledges that: 1. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item. 2. Estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. 3. Items not specifically identified as a unit line item, but necessary to complete the project as shown on the plans and in the technical specifications shall be included in the cost of one of the line items above. Contractor shall determine which line item to include the additional costs based on related items or the sequencing of tasks. 3.02 Unit Cost Schedule Measurement and Basis for Payment A. The line items below provide further description of the unit cost items included in the project bid price and shall be used as a means of determining the value of Work added to or deleted from the Contract. The Unit Cost generally outlines each item and the corresponding unit price listed by the Contractor.The price associated with each item shall be the full compensation paid for the Work described, regardless of the items.The description of the item shall not limit or lessen the work associated with each item as called for in the plans and specifications. B. The Contractor shall provide quantity justification with pay requests for items paid on a unit rate basis. Quantities for unit price bid items shall be calculated based on the measurement.The Engineer reserves the right to make final decision regarding those quantities. 3.03 Unit Cost Items A. MOBILIZATION AND BONDS-This work shall consist of furnishing all necessary insurance, coinsurance, reinsurance, payment/performance bonds, local permits (including payment of permit fees), mobilization of equipment,forces, and personnel for the project. Work shall also consist of furnishing all necessary demobilization of equipment,forces, and personnel for the project.This line item shall be a maximum of 3%of the base bid price. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment,tools, and other items necessary and incidental to the completion of this work. Work under this line item will include coordination with and assisting the Engineer with execution and implementation of the CQA plan included in the project documents.This line item covers both project sites. B. EROSION AND SEDIMENT CONTROL-This Work shall consist of furnishing all labor, material, equipment, tools, and other items necessary and incidental to install and implement the Erosion and Sediment Control plan included in the Contract and Technical Specifications.This item includes maintaining the Erosion and Sediment Controls throughout the project and final stabilization/seeding until the site has been released by the Engineer and NCDEQ. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment,tools, and other items necessary and incidental to the completion of this work. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, NC Form of Proposal-2/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA C. GRADING -This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to perform grading and perimeter berm installation as dictated by the Contract, including quantity verification, project record documents, and stakeout. Work shall include installing and protecting any necessary benchmarks. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment,tools, and other items necessary and incidental to the completion of this work. D. 15-INCH SMOOTH LINED CORRUGAED HDPE -This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 15-inch smooth lined corrugated HDPE pipe.This item includes trench excavation, pipe placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. E. 4-INCH PVC DRAIN—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 4-inch PVC Drain.This item includes trench excavation, pipe placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. F. GRAVEL PAVING -This Work shall consist of furnishing all labor, material, equipment, tools, and other items necessary and incidental to install and implement gravel paving.This item includes subgrade compaction, 8 oz geotextile installation,#2 NCDOT stone installation,ABC stone installation and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. G. RIPRAP (CLASS B)—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement class B riprap.This item includes subgrade compaction,4 oz geotextile installation, and class B riprap installation. Payment for this line item will be made upon a unit rate basis, established by field survey measurements, performed by the Contractor, and provided to the Engineer. H. 4" UNDERDRAIN—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 4-inch perforated PVC underdrain.This item includes trench excavation, pipe placement, #57 stone backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. I. 12" HDPE and associated Drop Inlet/Junction Boxes—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 12- smooth lined HDPE pipe and precast concrete drop inlet/junction boxes.This item includes trench excavation, pipe/structure placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline or per structure,following final installation. J. CONCRETE STAIRS, SIDEWALK, AND CONCRETE SLAB--This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement cast-in- place reinforced concrete items.This item includes excavation, gravel subgrade installation, backfill, reinforcing steel, handrails and concrete placement/finishing. Payment for this line item will be made upon a unit rate basis, established by field measurements of square footage or item,following final installation. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, NC Form of Proposal-3/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA List all subcontractors and associated license numbers. Attach a list if additional space is necessary. General Subcontractor: Plumbing Subcontractor: Lic Lic Mechanical Subcontractor: Electrical Subcontractor: Lic Lic GS143-128(d)requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor's bid is later determined by the contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or(ii)with the approval of the awarding authority for good cause shown by the contractor. Proposal Signature Page The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned. Respectfully submitted this day of (Name of firm or corporation making bid) WITNESS: By: Signature Name: (Proprietorship or Partnership) Print or type Title (Owner/Partner/Pres./V.Pres) Address ATTEST: By: License No. Title: Federal I.D. No. (Corp. Sec. or Asst. Sec. only) (CORPORATE SEAL) Email Address: Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, INC Form of Proposal-4/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Addendum received and used in computing bid: Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 6 Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 7 **PLEASE BE SURE THAT YOUR BID PROPOSAL PACKET CONTAINS ALL OF THE FOLLOWING DOCUMENTS IN ORDER FOR IT TO BE CONSIDERED A RESPONSIVE BID** • Bid Proposal Forms • Bid Bond — 5% of Total Base Bid Price • E-Verify Affidavit • Living Wage Contractor Policy • Iran Divestment Act Certification • Orange County Nondiscrimination Certification • Identification of HUB Certified/Minority Business Participation • Minority Business Forms (Affidavits A through D, as applicable) • Supplemental Vendor Information: HUB Form • Contractor's Safety Record Information • List of Company Representatives authorized to negotiate contracts Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, INC Form of Proposal-5/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA FORM OF PROPOSAL Orange Co. Solid Waste Drainage Repair Project Contract: 367-005407 Orange County 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 proposes and agrees, if this Proposal is accepted, to contract with the Owner in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete all construction of the subject project in accordance with the Drawings, Specifications, and Contract Documents, to the full and entire satisfaction of the Owner and the Architect, with a definite understanding that no money will be allowed for extra work, except as set forth in the General Conditions and Contract Documents for the sum of: SINGLE PRIME CONTRACT: BASIS OF BID—UNIT PRICES 3.01 Unit Price Bids A. Bidder will perform the following Work at the indicated unit prices: Eubanks Item Description Unit Estimated Bid Unit Price Bid Amount No. Quantity 1 Mobilization and Bonds LS 1 $ 10, 666 09 $ J 0 0000° 2 Erosion and Sediment Control/Final Stabilization LS 1 $34,Sbb $ '506°! 3 Grading SY 2300 $ I O=° $ 23 00i)vO 4 15-Inch Smooth Lined Corrugated'HDPE LF 210 $ 133"a $ 14 4 aD=° 5 4-Inch PVC Drain LF 100 $ 30.q $$ 30o C= 6 NCDOT Conc. Drop Inlet/Junction Box EA 2 $ 5 200c'.0 $10 400aD 7 Gravel Paving SY 2300 $ 10a $4I 300"�i 8 V-Shaped Swale Lined with Class A RipRap LF 50 $ 1351T $4, .150 z 9 Riprap(Class B) Ton 5 $56c.0 $a.50`= Sub Total $1jq 43D`t B. Bidder will perform the following Work at the indicated unit prices: Walnut Grove Item Description Unit Estimated Bid Unit Price Bid Amount No. Quantity 1 Erosion and Sediment Control/Final Stabilization LS 1 $ la Soo $ 19L 506V 2 4" underdrain LF 175 $ °r-0 $ ►'l 150 w 3 NCDOT Conc. Drop Inlet/Junction Box EA 2 $ g,aswv $ J(0 5t°ppO 4 12" HDPE LF 190 $ I1aQo $ 1 a80°a 5 New Concrete Sidewalk SF 28 $ q°- 6 New Concrete Stairs with railing LS 1 $ 2 15(U; $ ;I -7 50 7 Rip Rap outlet protection Ton 1 $ 5C)OV $ l W 8 Concrete slab LS 1 $ aSOoo t $ 26,000 2 9 Gravel Paving SY 695 $ 10° $,2 q5 z Sub Total $ I (n5 Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 5—Jan. 15, 2024 Orange County, NC Form of Proposal-1/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Total Base Bid (Sum of A and B previous page): ,s Ce nFs 4u=Lk� 1�cqb4 &nq �"aj �igg Ln� Dblars (words) 0 (numbers) C. Bidder acknowledges that: 1. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item. 2. Estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. 3. Items not specifically identified as a unit line item, but necessary to complete the project as shown on the plans and in the technical specifications shall be included in the cost of one of the line items above. Contractor shall determine which line item to include the additional costs based on related items or the sequencing of tasks. 3.02 Unit Cost Schedule Measurement and Basis for Payment A. The line items below provide further description of the unit cost items included in the project bid price and shall be used as a means of determining the value of Work added to or deleted from the Contract. The Unit Cost generally outlines each item and the corresponding unit price listed by the Contractor.The price associated with each item shall be the full compensation paid for the Work described, regardless of the items.The description of the item shall not limit or lessen the work associated with each item as called for in the plans and specifications. B. The Contractor shall provide quantity justification with pay requests for items paid on a unit rate basis. Quantities for unit price bid items shall be calculated based on the measurement.The Engineer reserves the right to make final decision regarding those quantities. 3.03 Unit Cost Items A. MOBILIZATION AND BONDS-This work shall consist of furnishing all necessary insurance, coinsurance, reinsurance, payment/performance bonds, local permits (including payment of permit fees), mobilization of equipment,forces, and personnel for the project.Work shall also consist of furnishing all necessary demobilization of equipment,forces, and personnel for the project.This line item shall be a maximum of 3%of the base bid price. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor,equipment,tools, and other items necessary and incidental to the completion of this work. Work under this line item will include coordination with and assisting the Engineer with execution and implementation of the CQA plan included in the project documents.This line item covers both project sites. B. EROSION AND SEDIMENT CONTROL-This Work shall consist of furnishing all labor, material, equipment, tools, and other items necessary and incidental to install and implement the Erosion and Sediment Control plan included in the Contract and Technical Specifications.This item includes maintaining the Erosion and Sediment Controls throughout the project and final stabilization/seeding until the site has been released by the Engineer and NCDEQ. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment,tools, and other items necessary and incidental to the completion of this work. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, NC Form of Proposal-2/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA C. GRADING -This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to perform grading and perimeter berm installation as dictated by the Contract, including quantity verification, project record documents,and stakeout. Work shall include installing and protecting any necessary benchmarks. Payment for this line item will be made under a one-time charge and will constitute full compensation for all labor, equipment,tools, and other items necessary and incidental to the completion of this work. D. 15-INCH SMOOTH LINED CORRUGAED HDPE-This Work shall consist of furnishing all labor, material, equipment,tools,and other items necessary and incidental to install and implement the 15-inch smooth lined corrugated HDPE pipe.This item includes trench excavation, pipe placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline,following final installation. E. 4-INCH PVC DRAIN—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 4-inch PVC Drain.This item includes trench excavation, pipe placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline,following final installation. F. GRAVEL PAVING -This Work shall consist of furnishing all labor, material,equipment,tools, and other items necessary and incidental to install and implement gravel paving.This item includes subgrade compaction, 8 oz geotextile installation, #2 NCDOT stone installation,ABC stone installation and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline,following final installation. G. RIPRAP (CLASS B)—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement class B riprap.This item includes subgrade compaction,4 oz geotextile installation, and class B riprap installation. Payment for this line item will be made upon a unit rate basis, established by field survey measurements, performed by the Contractor, and provided to the Engineer. H. 4" UNDERDRAIN—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 4-inch perforated PVC underdrain.This item includes trench excavation, pipe placement,#57 stone backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline, following final installation. I. 12" HDPE and associated Drop Inlet/Junction Boxes—This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement the 12- smooth lined HDPE pipe and precast concrete drop inlet/junction boxes.This item includes trench excavation, pipe/structure placement, backfill, and compaction. Payment for this line item will be made upon a unit rate basis, established by field measurements of access centerline or per structure, following final installation. J. CONCRETE STAIRS, SIDEWALK,AND CONCRETE SLAB--This Work shall consist of furnishing all labor, material, equipment,tools, and other items necessary and incidental to install and implement cast-in- place reinforced concrete items.This item includes excavation,gravel subgrade installation, backfill, reinforcing steel, handrails and concrete placement/finishing. Payment for this line item will be made upon a unit rate basis, established by field measurements of square footage or item,following final installation. Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, NC Form of Proposal-3/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA List all subcontractors and associated license numbers. Attach a list if additional space is necessary. General Subcontractor: Plumbing Subcontractor: 4G� Lic \�1��t Lic Mechanical Subcontractor: Electrical) Subcontractor: -_ �!l V\ Lic \y1V\ Lic GS143-128(d) requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor's bid is later determined by the contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or(ii)with the approval of the awarding authority for good cause shown by the contractor. Proposal Signature Page The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned. Respectfully submitted this day of (Name of firm or corporation g bid) WITNESS: B \Signature Name: (Proprietorship or Partnership) Print or type Title5��� (Owner/Partner/Pres./V.Pres) Address � Ct tx- ATTEST: %10111H1110911'. p1P ►�yRi, By: License No. ��. ME Title, Federal I.D. No. AprP`: 5t�o•�+ly) y W. e►L)(C OWE ~ ►►►'''p►r SIM1°�� Email Address: Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, NC Form of Proposal-4/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Addendum received and used in computing bid: Addendum Nv. 1 Addendum No. 3 Addendum No. 5 f Addendum No. 6 Addendum No. 2 d Addendum No. 4 Addendum No. 6 Addendum No. 7 "PLEASE BE SURE THAT YOUR BID PROPOSAL PACKET CONTAINS ALL OF THE FOLLOWING DOCUMENTS IN ORDER FOR IT TO BE CONSIDERED A RESPONSIVE BID** • Bid Proposal Forms • Bid Bond — 5% of Total Base Bid Price E-Verify Affidavit Living Wage Contractor Policy • Iran Divestment Act Certification • Orange County Nondiscrimination Certification • Identification of HUB Certified/Minority Business Participation • Minority Business Forms (Affidavits A through D, as applicable) • Supplemental Vendor Information: HUB Form • Contractor's Safety Record Information • List of Company Representatives authorized to negotiate contracts Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project Revised Addendum 3—Jan 2024 Orange County, NC Form of Proposal-5/5 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS THAT Moffat Pipe,Inc. as principal, and Atlantic Specialty Insurance Company as surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto Orange County ._ _ _ as obligee, in the penal sum of Five Percent of Amount Bid 5% DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 18th day of January 2024 WHEREAS, the said principal is herewith submitting proposal for Orange County Solid Waste Drainage Repairs and the principal desires to file this bid bond in lieu of making the cash deposit as required by G.S. 143-129. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the principal shall be awarded the contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the principal, then this obligation shall be null and void; but if the principal fails to so execute such contract and give performance bond as required by G.S. 143-129, the surety shall, upon demand, forthwith pay to the obligee the amount set forth in the first paragraph hereof. Provided further, that the bid may be withdrawn as provided by G.S. 143-129.1 �,00111111lg8% Moffat Pipe, Inc. a+t*4QF„F,'q.. , AL) By: SOX - } Jacob 4VKing Chic in8lncl ,,,,••'(�AL) T����PFf><1�1 i i 1�11�►''� YV Ikg"' (SEAL)Atlantic Specialty Insurance Company lose . w,wrc:'r By: (SEAL) Mich lie A.Adams Attorney-in-Fact FORM OF BID BOND DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA C �Ct Power of Attorney ux►wcat Surety Bond No:Bid Bond Principal:Moffat Pipe, Inc. Obligee; Orange County KNOW ALL MEN BY TFIESE PRESENTS.thfu ATLAN'HC SPECJAIA Y INSURANCE COMPANY.a New York corpuralion with its principal uffwe in Plymoulh, Minnesota.does hereby constitula and apix,int: Michell@ A.Adams ,cash individually if there be more than one namcd,its true and lawlld Attorney-in -Fact,to make,execute,seal and deliver,for and on its behalf as surety,any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof;provided that no bond or undertaking executed under this authority shall exceed in amount the sum of:sixty million dollars($60,WAN)and the execution of such bonds,tecognizarices,contracts of indemnity,and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal, This Power of Attorney is trade and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the President,any Senior Vice President or Vice-President(each an"Authorized Officer")may execute for and in behalf of the Company any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and affix the seal of the Company thereto:and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto;and that the Authorized Officer may at any time remove any such Attomey-in-Fact and revoke all power and authority given to any such Attomey-in- Fact. Resolved: That the Altorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and any such instrument executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attomey-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal may be off ixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond, undertaking,recognirmcc or other written obligation in the nature thereof,and any such signature and seal where so used,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed, IN WITNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this fifth day of March,2020. ,14 IN$(, SEAL t 198I :'n By STATE OF MINNESOTA �`w+rod*�a� Paul J.Brehm,Senior Vice President {tr •• HENNEPIN COUNTY it• On this fifth day of March,2020,before me personally came Paul J.Brehm,Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY,to me personally known to be the individual and officer described in and who executed the preceding instrument.and he acknowledged the execution of the same,and being by me duly swom, that he is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN MASH•TRWT NOTARY 10MC•111IHNEISQTA My Commiselon Explras January 31,2026 Notary Public 1,the undersigned,Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of atomey is in full force and has not been revoked,and the resolutions set forth above are now in force. Signed and sealed. Dated 18th day of January, 2024 �r INaG G ,p.... Ry ✓/ /// Y, IOU' ei ��' 'w vaA«is� V�•" Nil Christopher V.Jerry,Secretary wr"r«+ DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** (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`Vh day of 202.A :aatu LofAff ia in \ Print or Type Name: Mlsx � `mac comic State of North Carolina. County �`64�ti��es�t�ar+�+►r�k �y /� Signed and sworn to(or affirmed) before me,trlist ax day of , 201q r)6G G•'Exp. Bj4 ' My Commission Expires: L .o emlris�a►4°� o, Notary Public °1 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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 annua a d updated as needed by the Manager's Office Acknowledged Receipt by- Company Name: \AO��V I Date: DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S.143C-6A-5(a) As of the date listed below,the vendor or bidder listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 143-GA-4. The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed above to make the foregoing statement. \I\00Oki Signature \\ Date \ Printed Name Title Notes to persons signing this form: N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times: • When a bid is submitted • When a contract is entered into (if the certification was not already made when the vendor made its bid) • When a contract is renewed or assigned N.C.G.S. 143C-6A-5(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer's Final Divestment List. The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address www.nctreasurencoml[ran and will be updated every 180 days. 15 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA owned vehicles providing transportation to the general public; and 2. Private residences providing short-term rentals to members of the general public. A short-term rental means the provision of a room, space, or residential unit that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. Sec. 12-53.-Contractor bid requirements. (a) All requests for bids or proposals issued for county contracts shall include a certification to be completed by the bidder or proposer in substantially the following form: The undersigned bidder or proposer hereby certifies and agrees that the following information is correct: 1. In preparing its enclosed bid or proposal, the bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12-52 of the Orange County Non- discrimination Ordinance. 2. Without limiting any other remedies that Orange County may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years. 3. As a condition of contracting with Orange County,the bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract. 4. As part of its bid or proposal,the bidder or proposer shall provide to Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. 5. As a condition of submitting a bid or proposal to Orange County the bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance.Falsification of this certification shall constitute a violation of the Orange County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination,without fault to Orange County,of a contract. 6. As a condition of submitting a bid or proposal to Orange County the bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the bidder or proposer. The bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety,on information contained in this certification. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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. f J gy: Printed Name and Title On behalf of ���ip�,��C1G Company or Corporate name DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA GUIDELINES FOR RECRUITMENT AND SELECTION OF MINORITY BUSINESSES These guidelines were adapted for use on this project by Orange County from the "Guidelines for Recruitment and Selection of Minority Businesses for Participation in State Construction Office Projects", developed by the State Construction Office. In accordance with G.S. 143-128.2 (SB 914 ratified December 6, 2001), Orange County has enacted a verifiable ten percent(10%)minority business participation goal for the total monetary value of this project. These guidelines are published to accomplish that end. SECTION 1: INTENT It is the intent of these guidelines that Orange County, as awarding authority for construction projects, and the contractors and subcontractors performing the construction contracts awarded shall cooperate and in good faith do all things legal,proper and reasonable to achieve the statutory goal of ten percent for participation by minority businesses in each construction project permitted by SB 914. Nothing contained in these guidelines shall be considered to require awarding authorities to award contracts or to make purchase of materials or equipment from minority-business contractors who do not submit the lowest responsible bid or bids. SECTION 2: DEFINITIONS 1. Minority - a person who is a citizen or lawful permanent resident of the United States and who is: a. Black, that is, a person having origins in any of the black racial groups in Africa; b. Hispanic,that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race; c. Asian American,that is, a person having origins in any of the original peoples of the Far East, Southeast Asia and Asia, the Indian subcontinent, the Pacific Islands; d. American Indian or Alaskan Native, that is, a person having origins in any of the original peoples of North America; or e. Female. Socially and Economically Disadvantaged Individual: Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. 2. Minority Business - means a business: a. In which at least fifty-one percent(51%) is owned by one or more minority persons, or in the case of a corporation, in which at least fifty-one percent (51%) of the stock is owned by one or more minority persons; and b. Of which the management and daily business operations are controlled by one or more of the minority persons who own it; and DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA c. Is certified in one of the MWBE categories as defined by the NC Department of Administration/Historically Underutilized Business (HUB) and the NC Department of Transportation/Disadvantaged Business Enterprise (DBE). 3. Owner- Orange County. 4. Bidder-Any person, firm,partnership, corporation, association, or joint venture seeking to be awarded a public contract or subcontract. 5. Contract-A mutually binding legal relationship or any modification thereof obligating the seller to furnish equipment, material or services, including construction, and obligating the buyer to pay for them. 6. Contractor- Any person, firm, partnership, corporation, association, or joint venture which has contracted with Orange County to perform construction work or repair. 7. Subcontractor- A firm under contract with the Prime Contractor for supplying materials or labor and materials and/or installation. The subcontractor may or may not provide materials in his subcontract. Work subcontracted in an emergency and which could not have been anticipated is excluded as a part of this program. 8. Verifiable goal means that the awarding authority has adopted written guidelines specifying the actions that the prime contractor must take to ensure a good faith effort in the recruitment and selection of minority businesses for participation in contracts awarded; the required actions must be documented in writing by the contractor to the appropriate awarding authority. SECTION 3: RESPONSIBILITIES 1. Owner The owner will: a. Attend the scheduled Prebid conference. b. Identify or determine those work areas of a contract where MBEs may have an interest in performing contract work. C. At least ten (10)days prior to the scheduled day of bid opening, the Owner will notify minority businesses of potential contracting opportunities listed in the proposal. The notification will include the following: 1. A description of the work for which the bid is being solicited. 2. The date,time, and location where bids are to be submitted. 3. The name of the individual within the agency/institution who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist, such as insurance, licenses, bonds, and financial arrangements. d. Maintain documentation of any contacts, correspondence, or conversations with MBE firms made in an attempt to meet the goals. e. Utilize other media, as appropriate, likely to inform potential minority businesses of the bid being sought. 2. Prime Contractor DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Under the single prime contract system, the prime contractor will: a. Attend the scheduled Prebid conference. b. Identify or determine those work areas of a contract where MBEs may have an interest in performing contract work. C. At least ten (10)days prior to the scheduled day of bid opening, notify certified MBEs of potential contracting opportunities listed in the proposal. The notification will include the following: 1. A description of the work for which the bid is being solicited. 2. The date, time and location where bids are to be submitted. 3. The name of the individual within the agency/institution who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist, such as insurance, licenses, bonds and financial arrangements. If there are more than three (3) certified MBEs in the general locality of the project who offer similar contracting or subcontracting services in the specific trade, the Contractor shall notify three (3), but may contact more, if the Contractor so desires. d. During the bidding process;comply with the contractor(s) requirements listed in the proposal for minority participation. e. Submit with the bid a description of that portion of the work to be executed by MBEs expressed as a percentage of the total price. f. Identify the MBEs the bidder intends to use on the contract, along with the dollar amount of the work to be performed by each minority business. g. Submit an affidavit that details the good faith efforts taken to procure minority business participation. h. Upon being named the apparent low bidder,the bidder shall provide the necessary documentation as listed in the contract documents. Failure to comply with procedural requirements as defined in contract documents may render that bid as non-responsive and may result in rejection of the bid and award to the next lowest responsible and responsive bidder. i. Upon being named apparent low bidder,the bidder shall provide an affidavit that lists the proportion of the work to be performed by MBEs. If the MBEs do not account for ten percent (10%) of the contract price,the bidder must submit an affidavit that verifies the bidder's good faith efforts by certifying that it has undertaken at least five of the following ten (10) steps: l. Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contract or available on these State or local government-maintained lists at least ten (10) days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 2. Made the construction plans, specifications, and requirements available for review by prospective minority businesses, or providing these documents to them at least ten (10) days before the bid proposals are due. 3. Broke down or combined elements of work into economically feasible units to facilitate minority participation. 4. Worked with minority trade, community, or contractor organizations identified by the Office of Historical Underutilized Businesses and included in the bid documents that provided assistance in recruitment of minority businesses. 5. Attended any prebid meetings scheduled by the public owner. 6. Provided assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. 7. Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualifications should have the reasons-documented in writing. 8. Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help the minority businesses in establishing credit. 9. Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. 10. Provide quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. j. During the construction of the project, if it becomes necessary to replace an MBE subcontractor, advise the owner of the circumstances involved. k. If, during the construction of a project, additional subcontracting opportunities become available, make a good faith effort to solicit subbids from MBEs. 3. MBE Resl2onsibilities While MBEs are not required to become certified in order to participate in this program, it is recommended that they become certified and should take advantage of the appropriate technical assistance that is made available. In addition, MBEs who are contacted by owners or bidders must respond promptly whether or not they wish to submit a bid. SECTION 4: DISPUTE PROCEDURES It is the policy of this County that disputes between an agency and another person that involve a person's rights, duties, or privileges should be settled through informal procedures. To that end, MBE disputes arising under these guidelines should be resolved, if possible, by informal proceedings arranged by the Owner. DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Identification of HUB Certified/ Minority Business Participation (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 YJN *Minority categories: Black,African American (B), Hispanic (H),Asian American (A)American Indian (1), 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 ($) 25-0,no(?) ,o6. MBForms 2002-Revised July 2010 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid State of North Carolina AFFIDAVIT A- Listing of Good Faith Efforts County of WG'CIlzl (Name of Bidder) Affidavit of MCA �� . 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 Cpnsidered responsive. (1 NC Administrative Code 30 1.0101) 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 1 recruitment of minority businesses. 5—(10 pts)Attended prebid meetings scheduled by the public owner. ❑ 6—(20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. 7—(15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. ❑ 8—(25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. ❑ 9—(20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. ❑ 10-(20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth. Date: I I Name of Authorized Officer: ar o `�;►,,d► ++�`.,���� Sig n ature: 7 , , rid rr, Title: 1-'1: �y CQ , too �n�County of 3 01 '�."c*emend s to befor me this l P�-day of 202,4_ s : r-. A • �' l.�g��9t��lic r`fde ' unty 'issian e pires 3 �� � Y a►a�a'�'�� MBForms 2002-Revised July 2010 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract with Own Workforce. County of Affidavit of V� (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: STitle SEAL State of County of Subscribed and sworn to before me this day of 20_ Notary Public My commission expires MBForms 2002-Revised July 2010 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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. 14313-1361(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? d Yes ❑ No If so, state HUB classification: DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA YEAR CONTRACTOR INDUSTRY INDUSTRY FIELD AND CODE DART DART INCIDENT RATE INCIDENT RATE oo 0 W k+ l�rtrG-jrCs ^ 2—2—� Q I� W+/5 LiItG anZ � 1• �J� la}L r G �r� 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 INDUSTRY FIELD AND NAME AND CONTACT EMR CODE 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? r Yes No d 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA (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 (d) Is the bidder under investigation for any work-related fatalities? Yes No .1 (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. I 4. Safety Plan: (a) Does the company have a written safety program that includes responsibility for all aspects of safety management? Yes �1/ No (b) Does the company have a written plan for safety training of new employees and ongoing training of existing employees? Yes V No (c) Does the company have documented evidence of safety training that they have conducted? Yes .V 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 V No DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA (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 Ex lanation of Safety Record. If the bidder has any of the following: (a)DART incident rate rg eater 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:07A4359F-6D47-4987-B1F1-BF667ACBB3BA BIDDER'S QUALIFICATION STATEMENT 1. Name of Contractor 2. Years in Business 3. List five (5) similar projects that you have completed within the past five (5)years and give the name, address, and telephone number of a reference from each. Also give the completed cost of each project listed. S \ ni 1u11D`Q c) ohrs�or 5 �3�t�—01 �cgS.C� d) c\)-�- Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC BQS-1/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 4. Have you ever failed to complete work awarded to you? If so,state where and why. \y0 5. Do you plan to sublet any part of this work? If so, give details. List name, address, specialty, and years of experience. 6. Have you ever performed similar work under the direction of a Consulting Engineer or Registered Architect? If so, list three such firms, giving the name of the firm, its address, telephone number and the name of the project. (List most recent projects.) b) Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC BQS-2/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 7. List three material suppliers, including an individual's name and telephone number. a) b) C--M� c) Mb�Sno.���, �O•`�ro�o;rSO�CI �1\dl-�9\O-c '� 9 8. List bank references. Include an individual's name and telephone number. tjt � 9. Bonding reference, name, address,telephone. O� 10. Are you on any list of debarred contractors maintained by the U.S. Department of Labor, the U.S. Department of Housing and Urban Development or the North Carolina Department of Transportation? Yes No 11. The undersigned hereby authorizes and requests any person,firm or corporation to furnish any information requested by Draper Aden Associates in verification of the recitals comprising this statement of contractor's qualifications. 12. State the true, exact, correct, and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name.) It is absolutely necessary that this information be furnished. Correct Name of Bidder (a) The Business is a Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC BQS-3/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA UPIMOFFAT PIPE 1. PNC Financial Services John Cross VP Relationship Manager 3412 Westgate Drive Durham, NC 27707 919-687-3599 USI Insurance Services Scott Mathers VP Bond Department 8540 Colonnade Ctr Drive Suite 111 Raleigh, NC 27615 984-255-1070 701 Finger Lakes Dr./Wake Forest,NC 27587/Phone:919-295-4630 Fax:919-295-4631 www.moffatpipe.com DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA (b) The address of principal place of business is: (c) Phone number (d) The name of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: \ 1, 13. Dated at— a this day of ,l Cc,u.lc.t,r 20 2 +�illebilrQ `p 0, C'O'O .��L„J!�9•""+rid n By .J C psn xp' Attest " tit ps an+++r' eal) Orange County Solid Waste Drainage Repairs DAA 2200365/TRC 017055.0000.0000 Drainage Repair Project November 2023 Orange County, NC BQS-4/4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA MOFFAT w P1 PIPE List of Company Representatives Authorized to Negotiate Contracts • Andrea Moffat- President • Craig Moffat-Vice President • Keith Moffat- Secretary • Jacob King- CFO (Chief Financial Officer) • Curtis Pearson- COO (Chief Operating Officer) 701 Finger Lakes Dr. Wake Forest,NC 27587/Phone:919-295-4630 Fax:919-295-4631 www.moffatpipe.com DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA �NS1N �G giK O1 13 f mI o IK 00 y +a W tz ej 'can) ti L t -'3• 0 N to n n �CID �,CD b to ,.. m so C.0 j c c t� � N to t1CD - �"'� �► n r" Z ET ED CD a. CD CL Q 04 R y h f "3 r V �! O ti • DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Ul BUSINESS CORPORATION ANNUAL REPORT NAME OF BUSINESS CORPORATION: MOFFAT PIPE INC. 0522022 Filing Office Use Only SECRETARY OF STATE ID NUMBER: STATE OF FORMATION: NC E-Filed Annual Report 0522022 REPORT FOR THE FISCAL YEAR END: 12/31/2022 CA202303300799 2/2/2023 10:45 SECTION A: REGISTERED AGENT'S INFORMATION ❑X Changes 1. NAME OF REGISTERED AGENT: Moffat, Andrea L. 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS 701 Finger Lakes Drive 701 Finger Lakes Drive Wake Forest, NC 27587 Wake County Wake Forest, NC 27587 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Construction 2. PRINCIPAL OFFICE PHONE NUMBER: (919) 295-4630 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS 701 Finger Lakes Drive 701 Finger Lakes Drive Wake Forest,NC 27587 Wake Forest, NC 27587 6.Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran-owned small business The company is a service-disabled veteran-owned small business SECTION C:OFFICERS(Enter additional officers in Section E.) NAME: Andrea L Moffat NAME: Craig T Moffat NAME: Keith E. Moffat TITLE: President TITLE: Vice President TITLE: Secretary ADDRESS: ADDRESS: ADDRESS: 2801 Moffat Terrace 2808 Moffat Terrace 2801 Moffat Terrace Wake Forest, NC 27587 Wake Forest, NC 27587 Wake Forest, NC 27587 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business en Andrea L Moffat 2/2/2023 SIGNATURE DATE Form must be signed by an officer listed under Section C of this form. Andrea L Moffat President Print or Type Name of Officer Print or Type Title of Officer MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA DATE(MM/DD/YYYY) ACC" CERTIFICATE OF LIABILITY INSURANCE DATE 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Priscilla M.Bedford Jones Insurance Agency, Inc. PHONE FAX 820 Benson Road A/C No Ext: 919-772-0233 A/C No):919-779-4025 Garner NC 27529 ADDRESS: pbedford@jones-insurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Selective Insurance Company of the Southeast 39926 INSURED MOFFPIP-01 INSURERB: Builders Premier Insurance Company 13036 Moffat Pipe, Inc.701 Finger Lakes Drive INSURERC:Travelers Property Casualty Insurance Company 36161 Wake Forest NC 27587 INSURERD: Illinois Union Insurance Company 27960 INSURER E: Great American Insurance Co. 16691 INSURER F: COVERAGES CERTIFICATE NUMBER:817894790 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY Y Y S 2409345 3/10/2024 3/10/2025 EACH OCCURRENCE $1,000,000 TED CLAIMS-MADE � OCCUR PREMISES(Ea o DAMAGE TO ccurrence) $1,000,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY jE LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y S 2409345 3/10/2024 3/10/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR Y Y S 2409345 3/10/2024 3/10/2025 EACH OCCURRENCE $5,000,000 c EX-2T734495-23-NF 3/10/2024 3/10/2025 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$n Excess Liability $10,000,000 B WORKERS COMPENSATION Y PWC 1017090 3/10/2024 3/10/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Pollution Liability G71790095 005 3/10/2024 3/10/2025 Pollution Liability 3,000,000 E Rented Equipment IMP F157795 2/7/2024 3/10/2025 Rented Equipment 1,500,000 A Installation Materials S 2409345 3/10/2024 3/10/2025 Installation Material 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability policy includes additional insured endorsement that provides additional insured status for ongoing operations and products and completed operations and a blanket waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder and other entities when there is a written"insured contract"between named insured and certificate holder that requires such status. •The General Liability policy contains endorsement providing primary and non-contributory status when a written"insured contract"requires such status. -The Auto Liability policy includes additional insured endorsement that provides additional insured status and blanket waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder and other entities when there is a written"insured contract"between named insured and certificate holder that requires such status. -The Auto Liability policy contains endorsement providing primary and non-contributory status when a written"insured contract"requires such status. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County P O Box 8181 AUT ORIZED REPRESENTATIVE Hillsborough NC 27278 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA AGENCY CUSTOMER ID: MOFFPIP-01 LOC#: AC"R o ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Jones Insurance Agency, Inc. Moffat Pipe, Inc. 701 Finger Lakes Drive POLICY NUMBER Wake Forest NC 27587 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE -The Workers Compensation policy includes waiver of subrogation endorsement that provides waiver of subrogation status to the certificate holder and other entities when there is a written"insured contract'between named insured and certificate holder that requires such status. -Umbrella is follow form and extends over listed liability policies. -Executive Officers Andrea Moffat; Keith Moffat;and Craig Moffat are excluded from Workers Compensation. -Railroad Liability exclusion/limitation has been removed from the General Liability and Umbrella Liability. Orange County Solid Waste Drainage Repairs 1514 Eubanks Road,Orange County NC ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ElitePac° General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 06 22 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Additional Insureds— Primary and Non-Contributory Provision Page 8 Blanket Additional Insureds—As Required By Contract Page 5 • Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors) co N Lessors of Leased Equipment LO Managers or Lessors of Premises LO • Mortgagees, Assignees and Receivers N • Any Other person or organization other than a joint venture U_ • Grantors of Permits 0 g Broad Form Vendors Coverage Page 7 Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Page 3 Electronic Data Liability ($100,000) Page 4 Employee Definition Amended Page 9 Employees As Insureds Modified Page 5 Employer's Liability Exclusion Amended (Not applicable in New York) Page 3 Incidental Malpractice Exclusion modified Page 8 Knowledge of Occurrence, Claim, Suit or Loss Page 8 Liberalization Clause Page 8 Mental Anguish Amendment(Not applicable to New York) Page 10 Newly Formed or Acquired Organizations Page 5 Non-Owned Aircraft Page 3 Non-Owned Watercraft(under 60 feet) Page 3 Not-for-profit Members—as additional insureds Page 5 Personal And Advertising Injury— Discrimination Amendment (Not applicable in New York) Page 9 Products Amendment (Medical Payments) Page 4 Supplementary Payments Amended— Bail Bonds ($5,000) and Loss of Earnings ($1,000) Page 4 Two or More Coverage Parts or Policies Issued By Us Page 9 Unintentional Failure to Disclose Hazards Page 8 Waiver of Transfer of Rights of Recovery (subrogation) Page 8 When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 73 00 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 10 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 73 00 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 10 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ElitePac° General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if(a) two or more Coverage Parts of this policy, or(b) two or more forms or endorsements within the same Coverage Part apply to a loss, coverage provision(s) with the broadest language will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. c COVERAGES—Amendments B. The following is added to Exclusion g. Aircraft, In SECTION I — COVERAGE A BODILY INJURY AND Auto Or Watercraft under COVERAGE A BODILY LO M PROPERTY DAMAGE LIABILITY INJURY AND PROPERTY DAMAGE LIABILITY, 2. N EXCLUSIONS Exclusions: uu) Employer's Liability Amendment This exclusion does not apply to: o (6) Any aircraft, not owned or operated by any o (This provision is not applicable in the State of New insured, which is hired, chartered or loaned with York). a paid crew. However, if the insured has any The following is added to Exclusion e. Employer's other valid and collectible insurance for "bodily Liability under COVERAGE A BODILY INJURY AND injury" or "property damage" that would be PROPERTY DAMAGE LIABILITY, 2. Exclusions: covered under this provision, or on any other This exclusion also does not apply to any "temporary basis, this coverage is then excess, and subject worker". to Condition 4. Other Insurance, b. Excess Non-Owned Aircraft, Auto or Watercraft Insurance under SECTION IV — A. Paragraph (2) of Exclusion g. Aircraft, Auto Or COMMERCIAL GENERAL LIABILITY CONDITIONS. Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Damage To Premises Rented to You Exclusions is deleted in its entirety and replaced A. The last paragraph of Paragraph 2. Exclusions with the following: under COVERAGE A BODILY INJURY AND (2) A watercraft you do not own that is: PROPERTY DAMAGE is deleted in its entirety and (a) Less than 26 feet long and not being used to replaced with the following: carry persons or property for a charge; or Exclusions c. through n. do not apply to damage by (b) At least 26 feet, but less than 60 feet long, fire, lightning or explosion to premises rented to you and not being used to carry persons or or temporarily occupied by you with the permission property for a charge. Any person is an of the owner. A separate limit of insurance applies insured who uses or is responsible for the to this coverage as described in SECTION III - use of such watercraft with your expressed LIMITS OF INSURANCE. or implied consent. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 73 00 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 10 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA B. Paragraph 6. under SECTION III — LIMITS OF B. The following paragraph is added to SECTION III — INSURANCE is deleted in its entirety and replaced LIMITS OF INSURANCE: with the following: Subject to 5. above, the most we will pay under 6. Subject to Paragraph 5. above, the most we will COVERAGE A for "property damage" because of all pay under COVERAGE A for damages because loss of "electronic data" arising out of any one of "property damage" to any one premises, "occurrence" is a sub-limit of$100,000. while rented to you, or in the case of damage SECTION I —COVERAGE C MEDICAL PAYMENTS caused by fire, lightning or explosion, while EXCLUSIONS rented to you or temporarily occupied by you with permission of the owner, for all such Any Insured Amendment damage caused by fire, lightning or explosion Exclusion a. Any Insured under COVERAGE C proximately caused by the same event, whether MEDICAL PAYMENTS, 2. Exclusions is deleted in its such damage results from fire, lightning or entirety and replaced with the following: explosion or any combination of the three, is the a. Any Insured amount shown in the Declarations for the To any insured. Damage To Premises Rented To You Limit. �� This exclusion does not apply to: �� C. Paragraph a. of Definition 9. Insured contract (1) "Not-for-profit members"; under SECTION V— DEFINITIONS is deleted in its entirety and replaced with the following: (2) "Golfing facility" members who are not paid a a. A contract for a lease of premises. However, fee, salary, or other compensation; or that portion of the contract for a lease of (3) "Volunteer workers". premises that indemnifies any person or This exclusion exception does not apply if COVERAGE organization for damage by fire, lightning or C MEDICAL PAYMENTS is excluded by another explosion to premises while rented to you or endorsement to this Coverage Part. temporarily occupied by you with the permission Product Amendment of the owner is not an "insured contract"; Exclusion f. Products-Completed Operations Hazard Electronic Data Liability under COVERAGE C MEDICAL PAYMENTS, 2. A. Exclusion p. Access or Disclosure Of Exclusions is deleted in its entirety and replaced with Confidential Or Personal Information And the following: Data-related Liability under COVERAGE A f. Products-Completed Operations Hazard BODILY INJURY AND PROPERTY DAMAGE Included within the "products-completed operations LIABILITY, 2. Exclusions is deleted in its entirety hazard". and replaced by the following: This exclusion does not apply to "your products" p. Access or Disclosure Of Confidential Or sold for use or consumption on your premises, while Personal Information And Data-related such products are still on your premises. Liability This exclusion exception, does not apply if COVERAGE Damages arising out of: C MEDICAL PAYMENTS is excluded by another (1) Any access to or disclosure of any person's endorsement to this Coverage Part. or organization's confidential or personal SECTION I — SUPPLEMENTARY PAYMENTS — information, including patents, trade secrets, COVERAGES A AND B processing methods, customer lists, Expenses For Bail Bonds And Loss Of Earnings financial information, credit card information or any other type of nonpublic information; A. Subparagraph 1.b. under SUPPLEMENTARY or PAYMENTS — COVERAGES A AND B is deleted (2) The loss of, loss of use of, damage to, in its entirety and replaced with the following: corruption of, inability to access, or inability b. Up to $5,000 for cost of bail bonds required to manipulate "electronic data" that does not because of accidents or traffic law violations result from physical injury to tangible arising out of the use of any vehicle to which property. Bodily Injury Liability Coverage applies. We do This exclusion applies even if damages are not have to furnish these bonds. claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 73 00 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 10 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA B. Subparagraph 1.d. under SUPPLEMENTARY a. Coverage under this provision is afforded only PAYMENTS — COVERAGES A AND B is deleted until the 180th day after you acquire or form the in its entirety and replaced with the following: organization or the end of the policy period, d. All reasonable expenses incurred by the insured whichever is earlier. However, COVERAGE A at our request to assist us in the investigation or does not apply to "bodily injury" or "property defense of the claim or "suit", including actual damage" that occurred before you acquired or loss of earnings up to $1,000 a day because of formed the organization. time off from work. B. The following paragraph is added to SECTION SECTION II—WHO IS AN INSURED—Amendments II—WHO IS AN INSURED, Paragraph 3: Not-for-Profit Organization Members If you are engaged in the business of The following paragraph is added to SECTION II — construction of dwellings three stories or less in WHO IS AN INSURED: height, or other buildings three stories or less in height and less than 25,000 square feet in area, If you are an organization other than a partnership, joint you will also be an insured with respect to "your venture, or a limited liability company, and you are a work" only, for the period of time described not-for-profit organization, the following are included as above, for your liability arising out of the additional insureds: conduct of any partnership or joint venture of 1. Your officials; which you are or were a member, even if that 2. Your trustees; partnership or joint venture is not shown as a N Named Insured. However, this provision only co 3. Your members; applies if you maintain or maintained an interest LO 4. Your board members; of at least fifty percent in that partnership or 5. Your commission members; joint venture for the period of that partnership or N joint venture. 6. Your agency members; This provision does not apply to an partnershipor joint 0 7. Your insurance managers; venture that has been dissolved or otherwise ceased to 8. Your elective or appointed officers; and function for more than thirty-six months. 9. Your"not-for-profit members". With respect to the insurance provided by this provision, However only with respect to their liability for your Newly Formed or Acquired Organizations, the activities or activities they perform on your behalf. following is added to SECTION IV — COMMERCIAL Employees As Insureds Modified GENERAL LIABILITY, Paragraph 4. Other Insurance, A. Subparagraph 2.a.(1)(a) under SECTION II —WHO Subparagraph b. Excess Insurance: IS AN INSURED does not apply to "bodily injury" to The insurance provided by this provision, Newly a "temporary worker" caused by a co-"employee" Formed or Acquired Organizations, is excess over who is not a "temporary worker". any other insurance available to the insured, whether B. Subparagraph 2.a.(2) under SECTION II — WHO IS primary, excess, contingent or on any other basis. AN INSURED does not apply to "property damage" (All other provisions of this section remain unchanged) to the property of a "temporary worker" or"volunteer Blanket Additional Insureds — As Required By worker" caused by a co-"employee" who is not a Contract "temporary worker" or"volunteer worker". A. Subject to the Primary and Non-Contributory C. Subparagraph 2.a.(1)(d) under SECTION II —WHO provision set forth in this endorsement, SECTION II IS AN INSURED does not apply to "bodily injury" — WHO IS AN INSURED is amended to include as caused by cardio-pulmonary resuscitation or first aid an additional insured: services administered by a co-"employee". 1. Owners, Lessees or Contractors/Architects, With respect to this provision only, Subparagraph (1) of Engineers and Surveyors Exclusion 2. e. Employer's Liability under SECTION — COVERAGES, COVERAGE A BODILY INJURY a. Any person or organization for whom you AND PROPERTY DAMAGE LIABILITY does not apply. are performing operations when you and such person or organization have agreed in Newly Formed Or Acquired Organizations a written contract, written agreement or A. Subparagraph 3.a. under SECTION II — WHO IS written permit that such person or AN INSURED is deleted in its entirety and replaced organization be added as an additional with the following: insured on your commercial general liability policy; and Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 73 00 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 10 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA b. Any other person or organization, including With respect to the insurance afforded to any architects, engineers or surveyors not these additional insureds, this insurance engaged by you, whom you are required to does not apply to any "occurrence" which add as an additional insured under your takes place after the equipment lease policy in the contract or agreement in expires. Paragraph a. above: b. Managers or Lessors of Premises Such person or organization is an additional Any person or organization from whom you insured only with respect to liability for "bodily lease premises, but only with respect to injury", "property damage" or "personal and liability for "bodily injury", "property advertising injury" caused, in whole or in part, damage" or "personal and advertising by: injury" caused, in whole or in part, by you or (1) Your acts or omissions; or those acting on your behalf in connection (2) The acts of omissions of those acting on with the ownership, maintenance or use of your behalf; that part of the premises leased to you. in the performance of your ongoing operations This insurance does not apply to any performed for the additional insured in "occurrence" which takes place after you Paragraph a., above. cease to be a tenant of that premises. However, this insurance does not apply to: c. Mortgagees, Assignees or Receivers "Bodily injury", "property damage" or "personal Any person or organization with respect to and advertising injury" arising out of the their liability as mortgagee, assignee or rendering of, or the failure to render, any receiver and arising out of the ownership, professional architectural, engineering or maintenance or use of your premises. surveying services by or for you, including: This insurance does not apply to any (1) The preparing, approving, or failing to "occurrence" which takes place after the prepare or approve, maps, shop drawings, mortgage is satisfied, or the assignment or opinions, reports, surveys, field orders, receivership ends. change orders or drawings and d. Any Person or Organization Other Than specifications; and A Joint Venture (2) Supervisory, inspection, architectural or Any person or organization (other than a engineering activities. joint venture of which you are a member), Professional services do not include services but only with respect to liability for "bodily within construction means, methods, injury", "property damage" or "personal and techniques, sequences and procedures advertising injury" caused, in whole or in employed by you in connection with your part, by your acts or omissions or the acts of operations in your capacity as a construction omissions of those acting on your behalf in contractor. the performance of your ongoing operations A person or organization's status as an or in connection with property owned by additional insured under this endorsement ends you. when your operations for the person or e. State or Governmental Agency or organization described in Paragraph a. above Political Subdivision — Permits or are completed. Authorizations 2. Other Additional Insureds Any state or governmental agency or Any of the following persons or organizations subdivision or political subdivision, but only with whom you have agreed in a written with respect to: contract, written agreement or written permit (1) Operations performed by you or on your that such persons or organizations be added as behalf for which the state or an additional insured on your commercial governmental agency or subdivision or general liability policy: political subdivision has issued a permit a. Lessors of Leased Equipment or authorization; or Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 73 00 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 10 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA (2) The following hazards for which the 2. Available under the applicable limits of state or governmental agency or insurance; subdivision or political subdivision has whichever is less. issued a permit or authorization in The insurance provided by this extension shall not connection with premises you own, rent increase the applicable limits of insurance. or control and to which this insurance applies: Broad Form Vendors Coverage (a) The existence, maintenance, repair, Subject to the Primary and Non-Contributory construction, erection or removal of provision set forth in this endorsement, SECTION II — advertising signs, awnings, WHO IS AN INSURED is amended to include as an canopies, cellar entrances, coal additional insured any person or organization (referred holes, driveways, manholes, to below as vendor) for whom you have agreed in a marquees, hoist away openings, written contract or written agreement to provide sidewalk vaults, street banners or coverage as an additional insured under your policy. decorations and similar exposures; Such person or organization is an additional insured (b) The construction, erection or only with respect to "bodily injury" or "property damage" removal of elevators; or arising out of "your products" which are distributed or (c) The ownership, maintenance or use sold in the regular course of the vendor's business. of any elevators covered by this However, the insurance afforded the vendor does not apply to: insurance. a. "Bodily injury" or "property damage" for which LO This insurance does not apply to: the vendor is obligated to pay damages by M i. "Bodily injury" or "property reason of the assumption of liability in a contract damage" arising out of or agreement; however this exclusion does not N operations performed for the apply to liability for damages that the vendor U_ federal government, state or would have in the absence of the contract or o municipality; or agreement; 0 ,It ii. "Bodily injury" or "property b. Any express warranty unauthorized by you; damage" included within the c. Any physical or chemical change in the product "products-completed operations made intentionally by the vendor; hazard". With respect to Paragraphs 2.b. through d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or 2.d., this insurance does not apply to the substitution of parts under instructions from structural alterations, new construction or the manufacturer, and then repackaged in the demolition operations performed by or on original container; behalf of such person or organization. e. Any failure to make such inspections, B. The insurance coverge afforded to the additional adjustments, tests or servicing as the vendor insureds in this coverage extension: has agreed to make or normally undertakes to 1. Does not apply unless the written contract or make in the usual course of business in written agreement has been signed by the connection with the sale of the product; or Named Insured or written permit issued prior to f. Products which, after distribution or sale by you, the "bodily injury" or "property damage" or have been labeled or re-labeled or used as a "personal and advertising injury"; container, part of ingredient of any other thing or 2. Only applies to the extent permitted by law; and substance by or for the vendor; however this 3. Will not be broader than that which you are insurance does not apply to any insured person required by the written contract, written or organization, from who you have acquired agreement, or written permit to provide to such such products, or any ingredient, part or additional insured. container, entering into, accompanying or C. With respect to the insurance afforded to these containing such products. additional insureds, the following is added to The provisions of this coverage extension do not apply Section III— Limits Of Insurance: unless the written contract or written agreement has The most we will pay on behalf of the additional been signed by the Named Insured prior to the "bodily insured is the amount of insurance: injury" or"property damage". 1. Required by the written contract, written agreement or written permit you have entered into with the additional insured; or Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 73 00 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 10 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Incidental Malpractice (2) You have agreed in a written contract, written Subparagraph 2.a.(1)(d) under SECTION II —WHO IS agreement or written permit that this insurance AN INSURED is deleted in its entirety and replaced with would be primary and would not seek contribution the following: from any other insurance available to the additional insured. (d) Arising out of his or her providing or failing to Unintentional Failure To Disclose Hazards provide professional health care services. This does not apply to nurses, emergency medical The following is added to Paragraph 6. technicians or paramedics if you are not in the Representations under SECTION IV — business or occupation of providing any such COMMERCIAL GENERAL LIABILITY CONDITIONS: professional services. However, if you should unintentionally fail to disclose This also does not apply to "bodily injury" caused by any existing hazards in your representations to us at the cardio-pulmonary resuscitation or first aid services inception date of the policy, or during the policy period administered by a co-"employee". in connection with any additional hazards, we shall not This provision does not apply if you are a Social Service deny coverage under this Coverage Part based upon or Senior Living risk. such failure to disclose hazards. SECTION IV — COMMERCIAL GENERAL LIABILITY Waiver Of Transfer Of Rights Of Recovery CONDITIONS—Amendments The following is added to Paragraph 8. Transfer of Knowledge Of Occurrence, Claim, Suit Or Loss Rights Of Recovery Against Others To Us under SECTION IV — COMMERCIAL GENERAL LIABILITY The following is added to Paragraph 2. Duties in the CONDITIONS: Event of Occurrence, Offense, Claim or Suit under We will waive any right of recovery against a person or SECTION IV — COMMERCIAL GENERAL LIABILITY organization because of payments we make under this CONDITIONS: Commercial General Liability Coverage Part. This The requirements under this paragraph do not apply waiver applies only if the insured has agreed in a written until after the "occurrence" or offense is known to: contract or written agreement to: 1. You, if you are an individual; 1. Waive any right of recovery against that person or 2. A partner, if you are a partnership; organization; or 3. An "executive officer" or insurance manager, if you 2. Assume the liability of that person or organization are a corporation; pursuant to a written contract or written agreement 4. Your members, managers or insurance manager, if that qualifies as an "insured contract"; and you are a limited liability company; or 3. Include such person or organization as an additional 5. Your elected or appointed officials, officers, insured on your policy. members, trustees, board members, commission Such waiver by us applies only to that person or members, agency members, or your administrator organization identified above, and only to the extent that or your insurance manager if you are an the insured has waived its right of recovery against such organization other than a partnership, joint venture, person or organization prior to loss. or limited liability company. Liberalization Primary and Non-Contributory Provision The following condition is added to SECTION IV — The following is added to Paragraph 4. Other COMMERCIAL GENERAL LIABILITY CONDITIONS: Insurance, b. Excess Insurance under SECTION IV— If we revise this Coverage Part to provide more COMMERCIAL GENERAL LIABILITY CONDITIONS: coverage without additional premium charge, subject to This insurance is primary to and we will not seek our filed company rules, your policy will automatically contribution from any other insurance available to an provide the additional coverage as of the day the additional insured under this policy provided that: revision is effective in your state. (1) The additional insured is a Named Insured under such other insurance; and Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 73 00 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 10 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Two or More Coverage Parts or Policies Issued By b. Any act or conduct that results in disparate Us treatment of, or has disparate impact on, a (This provision is not Applicable in the state of New York person, because of that person's race, religion, or Wisconsin). gender, sexual orientation, age, disability or The following condition is added to SECTION IV physical impairment; or — COMMERCIAL GENERAL LIABILITY CONDITIONS: c. Any act or conduct characterized or interpreted as discrimination by a person based on that It is our intention that the various coverage parts or person's race, religion, gender, sexual policies issued to you by us, or any company affiliated orientation, age, disability or physical with us, do not provide any duplication or overlap of impairment. coverage. We have exercised diligence to draft our It does not include acts or conduct characterized or coverage parts and policies to reflect this intention. interpreted as sexual intimidation or sexual However, if the facts and circumstances that will respond to any claim or "suit" give rise to actual or harassment, or intimidation or harassment based on claimed duplication or overlap of coverage between the a person's gender. various coverage parts or policies issued to you by us or Electronic Data any company affiliated with us, the limit of insurance The following definition is added to SECTION V — under all such coverage parts or policies combined shall DEFINITIONS: not exceed the highest applicable limit under this "Electronic data" means information, facts or programs coverage, or any one of the other coverage forms or policies. stored as or on, created or used on, or transmitted to or from computer software, including systems and This condition does not apply to any Excess or Umbrella applications software, hard or floppy disks, CD-ROMS, policy issued by us specifically to apply as excess tapes, drives, cell, data processing devices or any other ,ItInsurance over this coverage part or policy to which this media which are used with electronically controlled I coverage part is attached. equipment. For the purpose of the Electronic Data o SECTION V— DEFINITIONS Liability coverage provided by this endorsement, Discrimination Definition 17. "Property damage" is deleted in its entirety � (This provision does not apply in New York). and replaced by the following: A. The following is added to Definition 14. "Personal 17. "Property damage" means: and advertising injury": a. Physical injury to tangible property, including all resulting loss of use of that property. All such "Personal and advertising injury" also means loss of use shall be deemed to occur at the time "discrimination" that results in injury to the feelings of the physical injury that caused it; or or reputation of a natural person, however only if �� b. Loss of, loss of use of, damage to, corruption of, such "discrimination or humiliation is: inability to access, or inability to properly 1. Not done by or at the direction of: manipulate "electronic data", resulting from a. The insured; orb. Anyone considered an physical injury to tangible property. All such loss insured under SECTION II — WHO IS AN of "electronic data" shall be deemed to occur at INSURED; the time of the "occurrence"that caused it. 2. Not done intentionally to cause harm to another For the purpose of the Electronic Data Liability coverage person. provided by this endorsement, "electronic data" is not 3. Not directly or indirectly related to the tangible property. employment, prospective employment or Employee Amendment termination of employment of any person or Definition 5. "Employee" under SECTION V — persons by any insured. DEFINITIONS is deleted in its entirety and replaced by 4. Not arising out of any "advertisement" by the the following: insured. 5. "Employee" includes a "leased worker", or a B. The following definition is added to SECTION V — "temporary worker". If you are a School, "Employee" DEFINITIONS: also includes a student teacher. "Discrimination" means: Golfing Facility a. Any act or conduct that would be considered The following definition is added to SECTION V — discrimination under any applicable federal, DEFINITIONS: state, or local statute, ordinance or law; "Golfing facility" means a golf course, golf club, driving range, or miniature golf course. Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 73 00 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 10 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Mental Anguish Amendment Not-for-profit Member (This provision does not apply in New York). The following definition is added to SECTION V — Definition 3. "Bodily injury" under SECTION V — DEFINITIONS: DEFINITIONS is deleted in its entirety and replaced with "Not-for-profit member" means a person who is a the following: member of a not-for-profit organization, including clubs 3. "Bodily injury" means bodily injury, sickness or and churches, who receives no financial or other disease sustained by a person, including death compensation. resulting from any of these at any time. This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined to be "bodily injury"). Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 73 00 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 10 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Contracting, Installation, Service and Repair General Liability Extended ElitePac° Endorsement COMMERCIAL GENERAL LIABILITY CG 79 88 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. BLANKET ADDITIONAL INSUREDS 2. Completed Operations 1. Ongoing Operations SECTION II — WHO IS AN INSURED is amended SECTION II — WHO IS AN INSURED is to include as an additional insured: co amended to include as an additional insured: a. Any person or organization for whom you are a. Any person or organization for whom you performing or have performed operations when LO are performing operations when you and you and such person or organization have such person or organization have agreed in agreed in a written contract, written agreement N a written contract, written agreement or or written permit that such person or v, written permit that such person or organization be added as an additional insured g organization be added as an additional on your commercial general liability policy; and insured on your commercial general liability b. Any other person or organization, including any policy; and architects, engineers or surveyors not engaged b. Any other person or organization, including by you, whom you are required to add as an any architects, engineers or surveyors not additional insured under your policy in the engaged by you, whom you are required to contract or agreement in Paragraph 1. above; add as an additional insured under your Such person or organization is an additional insured policy in the contract or agreement in only with respect to their liability arising out of "your Paragraph 1. above; work" performed under that contract, agreement, or Such person or organization is an additional permit and included in the "productscompleted insured only with respect to liability arising out of operations hazard" when that contract, agreement, your ongoing operations performed under that or permit requires the additional insured be added contract, agreement, or permit when that with respect to liability arising out of "your work" contract, agreement, or permit requires the performed under that contract, agreement, or permit additional insured be added with respect to and included in the "productscompleted operations liability arising out of your ongoing operations. hazard". If the written contract, written agreement, or If the written contract, written agreement, or written written permit does not require that the permit does not require that the additional insured additional insured be added with respect to be added with respect to liability arising out of "your liability arising out of your ongoing operations, work" performed under that contract, agreement, or then such person or organization is an additional permit and included in the productscompleted insured only with respect to bodily injury", operations hazard", then such person or "property damage" or "personal and advertising organization is an additional insured only with injury caused in whole or in part by your respect to liability for bodily injury", property ongoing operations performed under that damage" or "personal and advertising injury" contract, agreement, or permit. caused, in whole or in part, by "your work" performed under that contract, agreement, or permit and included in the "productscompleted operations hazard". Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 79 88 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA 3. The insurance afforded to the additional insureds in professional architectural, engineering or Paragraphs 1. and 2. above: surveying services, including: a. Does not apply unless the written contract or (1) The preparing, approving, or failing to written agreement has been signed by the prepare or approve, maps, shop drawings, Named Insured or written permit issued prior to opinions, reports, surveys, field orders, the "bodily injury", "property damage" or change orders or drawings and "personal and advertising injury"; specifications; or b. Only applies to the extent permitted by law; and (2) Supervisory, inspection, architectural or c. Will not be broader than that which you are engineering activities. required by the written contract, written 5. Conditions agreement, or written permit to provide to such With respect to the insurance afforded to these additional insured. additional insureds under a. Ongoing Operations 4. Exclusions and b. Completed Operations the following is a. With respect to the insurance afforded to added to Paragraph 4. Other Insurance, a. Primary additional insureds under a. Ongoing Insurance under SECTION IV — COMMERCIAL Operations the following is added to 2. GENERAL LIABILITY CONDITIONS: Exclusions under SECTION I — COVERAGE This insurance is primary to and will not seek A — BODILY INJURY AND PROPERTY contribution from any other insurance available to an DAMAGE LIABILITY: additional insured under this policy provided that: This insurance does not apply to "bodily injury", a. The additional insured is a Named Insured "property damage", or"personal and advertising under such other insurance; and injury" occurring after: b. You have agreed in a written contract, written (1) All work, including materials, parts or agreement or written permit that this insurance equipment furnished in connection with such would be primary and would not seek work, on the project (other than service, contribution from any other insurance available maintenance or repairs) to be performed by to the additional insured. or on behalf of the additional insured(s) at 6. With respect to the insurance afforded to these the site of the covered operations has been additional insureds, the following is added to completed; or Section III— Limits Of Insurance: (2) That portion of "your work" out of which the The most we will pay on behalf of the additional injury or damage arises has been put to its insured is the amount of insurance: intended use by any person or organization other than another contractor or a. Required by the written contract, written subcontractor engaged in performing agreement or written permit you have entered operations for a principal as a part of the into with the additional insured; or same project. b. Available under the applicable limits of b. With respect to the insurance afforded to these insurance; additional insureds under a. Ongoing whichever is less. Operations and b. Completed Operations, the The insurance provided by this provision shall not following is added to 2. Exclusions under increase the applicable limits of insurance. SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 79 88 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA B. PROPERTY DAMAGE CARE, CUSTODY OR C. OTHER INSURANCE AMENDMENT — CONTROL SUPPLEMENTAL COVERAGE FOR INSURED'S 1. The following is added to Exclusion j. under INVOLVEMENT IN A CONTROLLED (WRAPUP) SECTION I — COVERAGE A BODILY INJURY INSURANCE PROGRAM AND PROPERTY DAMAGE LIABILITY: 1. The following is added to SECTION IV — Paragraphs (4) and (5) of this exclusion do not COMMERCIAL GENERAL LIABILITY apply for the limited purpose of providing the CONDITIONS, Paragraph 4. Other Insurance coverage and sublimits of liability as set forth b. Excess Insurance(1)(a): below. (V) That is covered by a "controlled (wrap-up) We will pay those sums that the insured insurance program" in which you are becomes legally obligated to pay as damages enrolled for your ongoing operations or operations included within the because of"property damage" to: products-completed operations hazard", (a) Personal property, including keys, in the unless such "controlled (wrap-up) insurance care, custody or control of an insured; and program" is specifically excluded from (b) That particular part of real property on which coverage on this policy. you or any contractors or subcontractors 2. The following is added to SECTION V — working directly or indirectly on your behalf DEFINITIONS: are performing operations, if the "property "Controlled (wrap-up) insurance program" LO damage" arises out of those operations. means a centralized insurance program under LO The most we will pay under a. and b. above in which one party has secured either insurance or M any one "occurrence" or for all damages during self-insurance covering some or all of the any one policy period is a sub-limit of$100,000. contractors or subcontractors performing work N These limits are included in and not in addition on one or more specific project(s). U_ to the Limits of Insurance shown in the D. FELLOW EMPLOYEE EXTENSION 0 o Declarations of the Commercial General Under SECTION II — WHO IS AN INSURED Liability Policy. Paragraphs 2.a. and 2.a. (1) are replaced by the Our right and duty to defend the insured against following: any "suit" for damages under a. and b. above a. Your "volunteer workers" only while performing ends when we have used up the applicable duties related to the conduct of your business, or sub-limit of liability in the payment of judgments your "employees", other than either your or settlements under it. "executive officers" (if you are an organization 2. With respect this provision only, the following is other than a partnership, joint venture, or limited added to Definition 17. under SECTION V — liability company) or your managers (if you are a DEFINITIONS: limited liability company), but only for acts within "Property damage" also includes adjustment of the scope of their employment by you or while locks to fit new keys or the cost of new locks, performing duties related to the conduct of your including their installation, when replacing keys business. However, none of these "employees" covered in Paragraph 1.(a) above provided that or "volunteer workers" are insureds for "bodily such "property damage" is not a result of any injury" or "personal and advertising injury" dishonest act on the part of any insured, or the arising out of his or her providing or failing to insured's employees or agents,whether acting alone provide professional health care services. or in collusion. With respect to this provision only, Subparagraph (1) of Exclusion 2. e. Employer's Liability under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 79 88 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA E. CONTRACTUAL LIABILITY (RAILROADS) G. WAIVER OF GOVERNMENTAL IMMUNITY Definition 9. under SECTION V — DEFINITIONS We will waive, both in the adjustment of claims and is amended as follows: in the defense of "suits" against the insured, any 1. Paragraph c. is deleted in its entirety and governmental immunity of the insured, unless the replaced by the following: insured requests in writing that we not do so. c. Any easement or license agreement; Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in 2. Paragraph f.(1) is deleted in its entirety. excess of the applicable limit of insurance. F. CONTRACTUAL LIABILITY AMENDMENT — H. DAMAGE TO PREMISES RENTED TO YOU (PERSONAL AND ADVERTISING INJURY) The Limit of Insurance for Damage To Premises If it is required in a written contract, written Rented To You is increased to$1,000,000. agreement or written permit with the insured that any contractual liability exclusion for personal injury be removed from the policy, then Exclusion e. Contractual Liability under COVERAGE B PERSONAL AND ADVERTISING INJURY, 2. Exclusions is deleted in its entirety and replaced by the following: e. Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement arising out of an "advertisement". This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement". Copyright, 2021 Selective Insurance Company of America. All rights reserved. CG 79 88 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT POLICY NUMBER: S 2409345 COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): SUBJECT TO THE TERMS AND CONDITIONS OF THIS POLICY, EACH DESIGNATED LOCATION LISTED ON THE SCHEDULE OF LOCATIONS SHOWN ON THE DECLARATION PAGE FOR THIS POLICY. N V M Information required to complete this Schedule, if not shown above, will be shown in the Declarations. N A. For all sums which the insured becomes legally 4. The limits shown in the Declarations for Each U) obligated to pay as damages caused by Occurrence, Damage To Premises Rented To o "occurrences" under Section I — Coverage A, and You and Medical Expense continue to apply. g for all medical expenses caused by accidents under However, instead of being subject to the Section I — Coverage C, which can be attributed General Aggregate Limit shown in the only to operations at a single designated "location" Declarations, such limits will be subject to the shown in the Schedule above: applicable Designated Location General 1. A separate Designated Location General Aggregate Limit. Aggregate Limit applies to each designated B. For all sums which the insured becomes legally "location", and that limit is equal to the amount obligated to pay as damages caused by of the General Aggregate Limit shown in the "occurrences" under Section I — Coverage A, and Declarations. for all medical expenses caused by accidents under 2. The Designated Location General Aggregate Section I — Coverage C, which cannot be attributed Limit is the most we will pay for the sum of all only to operations at a single designated "location" damages under Coverage A, except damages shown in the Schedule above: because of "bodily injury" or "property damage" 1. Any payments made under Coverage A for included in the "products-completed operations damages or under Coverage C for medical hazard", and for medical expenses under expenses shall reduce the amount available Coverage C regardless of the number of: under the General Aggregate Limit or the a. Insureds; Products-completed Operations Aggregate b. Claims made or"suits" brought; or Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated c. Persons or organizations making claims or Location General Aggregate re ate Limit. bringing "suits". C. When coverage for liability arising out of the 3. Any payments made under Coverage A for "products-completed operations hazard" is provided, damages or under Coverage C for medical any payments for damages because of "bodily expenses shall reduce the Designated Location injury' or "property damage" included in the General Aggregate Limit for that designated "products-completed operations hazard" will reduce "location". Such payments shall not reduce the the Products-completed Operations Aggregate General Aggregate Limit shown in the Limit, and not reduce the General Aggregate Limit Declarations nor shall they reduce any other nor the Designated Location General Aggregate Designated Location General Aggregate Limit Limit. for any other designated "location" shown in the Schedule above. Copyright, Insurance Services Office, Inc., 2008 CG 25 04 05 09 Page 1 of 2 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of SECTION III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 2008 CG 25 04 05 09 Page 2 of 2 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT POLICY NUMBER: S 2409345 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): ALL CONSTRUCTION PROJECTS OF YOURS AND LOCATIONS AT WHICH YOU ARE PERFORMING SERVICE WORK FOR WHICH COVERAGE IS PROVIDED UNDER THIS POLICY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. v LO A. For all sums which the insured becomes legally 4. The limits shown in the Declarations for Each obligated to pay as damages caused by Occurrence, Damage To Premises Rented To N "occurrences" under Section I — Coverage A, and You and Medical Expense continue to apply. U) for all medical expenses caused by accidents under However, instead of being subject to the oSection I — Coverage C, which can be attributed General Aggregate Limit shown in the only to ongoing operations at a single designated Declarations, such limits will be subject to the construction project shown in the Schedule above: applicable Designated Construction Project 1. A separate Designated Construction Project General Aggregate Limit. General Aggregate Limit applies to each B. For all sums which the insured becomes legally designated construction project, and that limit is obligated to pay as damages caused by equal to the amount of the General Aggregate "occurrences" under Section I — Coverage A, and Limit shown in the Declarations. for all medical expenses caused by accidents under 2. The Designated Construction Project General Section I — Coverage C, which cannot be attributed Aggregate Limit is the most we will pay for the only to ongoing operations at a single designated sum of all damages under Coverage A, except construction project shown in the Schedule above: damages because of "bodily injury" or "property 1. Any payments made under Coverage A for damage" included in the "products-completed damages or under Coverage C for medical operations hazard", and for medical expenses expenses shall reduce the amount available under Coverage C regardless of the number of: under the General Aggregate Limit or the a. Insureds; Products-completed Operations Aggregate b. Claims made or"suits" brought; or Limit, whichever is applicable; and c. Persons or organizations making claims or 2. Such payments shall not reduce any Designated bringing "suits". Construction Project General Aggregate Limit. 3. Any payments made under Coverage A for C. When coverage for liability arising out of the damages or under Coverage C for medical "products-completed operations hazard" is provided, expenses shall reduce the Designated any payments for damages because of "bodily injury" or "property damage" included in the Construction Project General Aggregate Limit for that designated construction project. Such "products-completed operations hazard" will reduce payments shall not reduce the General the Products-completed Operations Aggregate Aggregate Limit shown in the Declarations nor Limit, and not reduce the General Aggregate Limit shall they reduce any other Designated nor the Designated Construction Project General Construction Project General Aggregate Limit Aggregate Limit. for any other designated construction project shown in the Schedule above. Copyright, Insurance Services Office, Inc., 2008 CG 25 03 05 09 Page 1 of 2 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 2008 CG 25 03 05 09 Page 2 of 2 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA ElitePac° Commercial Automobile Extension COMMERCIAL AUTO CA 78 09NC 11 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement. AMENDMENTS TO SECTION II - LIABILITY EMPLOYEE INDEMNIFICATION AND EMPLOYER'S COVERAGE LIABILITY AMENDMENT A. If this policy provides Auto Liability coverage for The following is added to SECTION II, B.4. - Owned Autos, the following extensions are Exclusions applicable accordingly: This exclusion does not apply to a "volunteer worker" NEWLY ACQUIRED OR FORMED who is not entitled to workers compensation, disability or ORGANIZATIONS unemployment compensation benefits. The following is added to SECTION II, A.1. - Who FELLOW EMPLOYEE COVERAGE CO Is An Insured: The Fellow Employee Exclusion, SECTION II, B.5. - is LO Any organization you newly acquire or form, other deleted in its entirety. N than a partnership, joint venture or limited liability CARE, CUSTODY OR CONTROL AMENDMENT U) company over which you maintain ownership or The following is added to SECTION II, B.6. - o majority interest, will qualify as a Named Insured if Exclusions: o there is no similar insurance available to that organization. However: This exclusion does not apply to property owned by 1. Coverage under this provision is afforded only anyone other than an "insured", subject to the following: until the 180th day after you acquire or form the 1. The most we will pay under this exception for any organization or the end of the policy period, one "accident" is the Limit of Insurance stated in the whichever is earlier; ElitePac Schedule; and 2. Coverage does not apply to "bodily injury" or 2. A per "accident" deductible as stated in the ElitePac "property damage" resulting from an "accident" Schedule applies to this exception. that occurred before you acquired or formed the B. If this policy provides Auto Liability coverage for organization. Owned Autos or Non-Owned Autos, the following No person or organization is an "insured" with extension is applicable accordingly: respect to the conduct of any current or past LIMITED LIABILITY COMPANIES partnership, joint venture or limited liability company The following is added to SECTION II, A.1. - Who that is not shown as a Named Insured in the Is An Insured: Declarations. If you are a limited liability company, your members EXPENSES FOR BAIL BONDS AND LOSS OF and managers are "insureds" while using a covered EARNINGS "auto" you don't own, hire or borrow during the Paragraphs (2) and (4) of SECTION II, A.2.a. - course of their duties for you. Supplementary Payments are deleted in their entirety BLANKET ADDITIONAL INSUREDS - As and replaced with the following: Required By Contract (2) Up to the Limit of Insurance shown on the ElitePac The following is added to SECTION II, A.1. - Who Schedule for the cost of bail bonds (including bonds Is An Insured: for related traffic law violations) required because of an "accident" covered under this policy. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request. This includes actual loss of earnings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac Schedule. Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09NC 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA Any person or organization whom you have agreed For labor charges to be eligible for reimbursement the in a written contract, written agreement or written labor must be performed at the place of disablement. permit that such person or organization be added as This coverage extension does not apply to Emergency an additional "insured" on your policy. Such person Services Organizations and Governmental Entities. or organization is an additional "insured" only with GLASS BREAKAGE DEDUCTIBLE respect to liability for bodily injury or property damage" caused, in whole or in part, by your The following is added to SECTION III, A.3. - Glass ownership, maintenance or use of a covered "auto". Breakage - Hitting A Bird Or Animal - Falling Objects This coverage shall be primary and non-contributory or Missiles: with respect to the additional "insured". This If damaged glass is repaired rather than replaced, no provision only applies if: deductible will apply for such repair. This extension does 1. It is required in the written contract, written not apply to Emergency Services Organizations and agreement or written permit identified in this Governmental Entities. section; ADDITIONAL TRANSPORTATION EXPENSES 2. It is permitted by law; and SECTION III, A.4.a. - Transportation Expenses is 3. The written contract or written agreement has deleted in its entirety and replaced with the following: been executed (executed means signed by a We will pay up to the maximum Limit of Insurance named insured) or written permit issued prior to the "bodily injury"or"property damage". shown on the ElitePac Schedule for temporary transportation expenses that you incur because of any C. If this policy provides Auto Liability coverage for "loss"to a covered "auto", but only if the covered "auto" Non-Owned Autos, the following extension is carries the coverages and meets the requirements applicable accordingly: described in 1. or 2. below: EMPLOYEES AS INSUREDS 1. We will pay temporary transportation expenses for If this policy provides Auto Liability coverage for total theft of a covered "auto". We will only pay for Non-Owned Autos, the following is added to such expenses incurred during the period beginning SECTION II, A.1. -Who Is An Insured: 24 hours after the theft and ending, regardless of Any "employee" of yours is an "insured"while using the policy's expiration, when the covered "auto" is a covered "auto" you don't own, hire or borrow in returned to use or we pay for its "loss". your business or your personal affairs. 2. For "loss" other than total theft of a covered "auto" An "employee" of yours is an "insured" while under Comprehensive or Specified Causes of Loss operating an "auto" hired or rented under a contract Coverage, or for any "loss" under Collision or agreement in that "employee's" name with your Coverage to a covered "auto", we will only pay for permission, while performing duties related to the those temporary transportation expenses incurred conduct of your business. during the policy period beginning 24 hours after the loss and ending, regardless of the policy's AMENDMENTS TO SECTION III - PHYSICAL expiration, with the lesser of the number of days DAMAGE COVERAGE reasonably required to repair or replace the covered If this policy provides Comprehensive, Specified Causes "auto" or 30 days. of Loss or Collision coverage, the following extensions Paragraph 2. of this extension does not apply while are applicable for those "autos" for which there are spare or reserve "autos" available to you Comprehensive, Specified Causes of Loss or Collision for your operations. coverage is purchased: This coverage extension does not apply to Emergency TOWING AND LABOR Services Organizations and Governmental Entities. SECTION III, A.2. -Towing is deleted in its entirety and replaced with the following: We will pay all reasonable towing and labor costs up to the maximum Limit of Insurance shown on the ElitePac Schedule per tow each time a covered Private Passenger Auto, "Social Service Van or Bus" or "Light Truck" is disabled and up to the maximum Limit of Insurance per tow each time a covered "Medium Truck", "Heavy Truck" or"Extra Heavy Truck" is disabled. Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09NC 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA HIRED AUTO PHYSICAL DAMAGE COVERAGE HIRED AUTO LOSS OF USE COVERAGE The following is added to SECTION III, A.4. -Coverage The following is added to SECTION III, A.4. -Coverage Extensions: Extensions: Physical Damage coverage is hereby extended to apply We will pay expenses for which you are legally to Physical Damage "loss" to "autos" leased, hired, responsible to pay up to the Limit of Insurance shown on rented or borrowed without a driver. We will provide the ElitePac Schedule per"accident" for loss of use of a coverage equal to the broadest coverage available to leased, hired, rented or borrowed "auto" if it results from any covered "auto" shown in the Declarations. But, the an "accident". most we will pay for "loss" to each "auto" under this This coverage extension does not apply to Emergency coverage extension is the lesser of: Services Organizations, Governmental Entities, and 1. The Limit of Insurance stated in the ElitePac Schools. Schedule; or AUTO LOAN/LEASE GAP COVERAGE (Not Available 2. The actual cash value of the damaged or stolen in New York) property as of the time of the "loss"; or The following is added to SECTION III, A.4. -Coverage 3. The actual cost of repairing or replacing the Extensions: damaged or stolen property with other property of In the event of a total "loss" to a covered "auto" we will like kind and quality. A part is of like kind and quality pay any unpaid amount due on the lease or loan for a when it is of equal or better condition than the covered "auto", less: pre-accident part. We will use the original 1. The amount paid under the Physical Damage N equipment from the manufacturer when: (a) The operational safety of the vehicle might Coverage Section of the policy; and LO 2. Any: otherwise be impaired; (b) Reasonable and diligent efforts to locate the a. Overdue lease/loan payments at the time of N appropriate rebuilt, aftermarket or used part loss"; ohave been unsuccessful; or b. Financial penalties imposed under a lease for o excessive use, abnormal wear and tear, high (c) A new original equipment part of like kind mileage or similar charges; and quality is available and will result in the lowest overall repair cost. c. Security deposits not refunded by the lessor or For each leased, hired, rented or borrowed "auto" our financial institution; obligation to pay "losses"will be reduced by a deductible d. Costs for extended warranties, credit life, health, equal to the highest deductible applicable to any owned accident, or disability insurance purchased with "auto" for that coverage. No deductible will be applied to the loan or lease; and "losses"caused by fire or lightning. e. Carry-over balances from previous leases or SECTION IV, B. 5. Other Insurance Condition, loans. Paragraph 5.b. is deleted in its entirety and replaced by You are responsible for the deductible applicable to the the following: "loss"for the covered "auto". For Hired Auto Physical Damage Coverage, the PERSONAL EFFECTS following are deemed to be covered "autos"'you own: The following is added to SECTION III, A.4. -Coverage 1. Any covered "auto" you lease, hire, rent, or borrow; Extensions: and If this policy provides Comprehensive Coverage for a 2. Any covered "auto" hired or rented by your covered "auto" you own and that covered "auto" is "employee" under a contract or agreement in that stolen, we will pay up to the Limit of Insurance shown on "employee's" name, with your permission, while the ElitePac Schedule, without application of a performing duties related to the conduct of your deductible, for lost personal effects that were in the business. covered "auto" at the time of theft. Personal effects do However, any "auto" that is leased, hired, rented or not include jewelry, tools, money, securities or valuable borrowed with a driver is not a covered "auto". papers. This coverage is excess over any other This coverage extension does not apply to Emergency collectible insurance. Services Organizations and Governmental Entities. AIRBAG COVERAGE The following is added to SECTION III, 13.3.a. - Exclusions: Mechanical breakdown does not include the accidental discharge of an airbag. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09NC 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA EXPANDED AUDIO, VISUAL, AND DATA The following is added to SECTION IV, A.2.a. - Duties ELECTRONIC EQUIPMENT COVERAGE In The Event Of Accident, Claim, Suit Or Loss: SECTION III, B.4. - Exclusions The notice requirements for reporting "accident" claim, This exclusion does not apply to the following: "suit" or "loss" information to us, including provisions related to the subsequent investigation of such 1. Global positioning systems; "accident", claim, "suit" or "loss" do not apply until the 2. "Telematic devices"; or "accident", claim, "suit" or"loss" is known to: 3. Electronic equipment that reproduces, receives or 1. You, if you are an individual; transmits visual or data signals and accessories 2. A partner, if you are a partnership; used with such equipment, provided such equipment is: 3. An executive officer or insurance manager, if you a. Permanently installed in or upon the covered are a corporation; "auto" at the time of the"loss"; 4. Your members, managers or insurance manager, if b. Removable from a housing unit that is you are a limited liability company; permanently installed in the covered "auto" at 5. Your elected or appointed officials, trustees, board the time of the "loss"; members or your insurance manager, if you are an organization other than a partnership, joint venture C. Designed to be solely operated by use of power or limited liabilitycompany. from the "auto's" electrical system; or But, this section does not amend the provisions relating d. Designed to be used solely in or upon the to notification of police or protection or examination of covered "auto". the property that was subject to the "loss". For each covered "loss" to such equipment, a deductible WAIVER OF SUBROGATION of $50 shall apply, unless the deductible otherwise applicable to such equipment is less than $50, at which SECTION IV, A.5. - Transfer Of Rights Of Recovery point the lower deductible, if any, will apply. Against Others To Us is deleted in its entirety and COMPREHENSIVE DEDUCTIBLE - LOCATION replaced with the following: TRACKING DEVICE We waive any right of recovery we may have against any person or organization because of payments we The following is added to SECTION III, D. - Deductible: make for "bodily injury" or "property damage" resulting Any Comprehensive Coverage Deductible shown in the from the ownership, maintenance or use of a covered Declarations will be reduced by 50% for any "loss" "auto" but only when you have assumed liability for such caused by theft if the covered "auto" is equipped with a "bodily injury" or "property damage" in an "insured location tracking device and that device was the sole contract". In all other circumstances, if a person or method used to recover the "auto". organization to or for whom we make payment under PHYSICAL DAMAGE LIMIT OF INSURANCE this Coverage Form has rights to recover damages from SECTION III, C. - Limit Of Insurance is deleted in its another, those rights are transferred to us. entirety and replaced with the following: MULTIPLE DEDUCTIBLES The most we will pay for a "loss" in any one "accident" is The following is added to SECTION IV, A. - Loss the lesser of: Conditions: 1. The actual cash value of the damaged or stolen If a "loss"from one event involves two or more covered property as of the time of the "loss"; or "autos" and coverage under Comprehensive or 2. The cost of repairing or replacing the damaged or Specified Causes of Loss applies, only the highest stolen property with other property of like kind and applicable deductible will be applied. quality. CONCEALMENT, MISREPRESENTATION OR FRAUD This coverage extension does not apply to Emergency The following is added to SECTION IV, B.2. - Services Organizations and Governmental Entities. Concealment, Misrepresentation Or Fraud: AMENDMENTS TO SECTION IV - BUSINESS AUTO If you should unintentionally fail to disclose any existing CONDITIONS hazards in your representations to us prior to the DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT inception date of the policy or during the policy period in OR LOSS connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based upon such failure. Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09NC 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA POLICY PERIOD, COVERAGE TERRITORY If we are prevented by law, or otherwise, from defending SECTION IV, B.7. -Policy Period, Coverage Territory the "insured" in a "suit" brought in a location described in is deleted in its entirety and replaced with the following: Paragraph 2. above, the insured will conduct a defense of that "suit". We will reimburse the "insured" for the Under this Coverage Form, we cover "accidents" and reasonable and necessary expenses incurred for the "losses"occurring: defense of any such "suit" seeking damages to which a. During the policy period shown in the Declarations; this insurance applies, and that we would have paid had and we been able to exercise our right and duty to defend. b. Within the "Coverage Territory". EXTRA HEAVY TRUCK We also cover "loss" to or "accidents" involving a "Extra Heavy Truck" means a truck with a gross vehicle covered "auto" while being transported between any of weight rating of 45,001 pounds or more. these places. HEAVY TRUCK TWO OR MORE COVERAGE FORMS OR POLICIES "Heavy Truck" means a truck with a gross vehicle ISSUED BY US - DEDUCTIBLES weight rating of 20,001 pounds to 45,000 pounds. The following is added to SECTION IV, B.8. - Two Or LIGHT TRUCK More Coverage Forms Or Policies Issued By Us: "Light Truck" means a truck with a gross vehicle weight If a "loss" covered under this Coverage Form also rating of 10,000 pounds or less. involves a "loss" to other property resulting from the same "accident" that is covered under this policy or MEDIUM TRUCK o another policy issued by us or any member company of "Medium Truck" means a truck with a gross vehicle LO ours, only the highest applicable deductible will be weight rating of 10,001 pounds to 20,000 pounds. o applied. SOCIAL SERVICE VAN OR BUS N AMENDMENTS TO SECTION V - DEFINITIONS "Social Service Van or Bus" means a van or bus used U) BODILY INJURY INCLUDING MENTAL ANGUISH by a government entity, civic, charitable or social 0 8 (Not Applicable in New York) service organization to provide transportation to clients The definition of bodily injury is deleted in its entirety incidental to the social services sponsored by the and replaced by the following: organization, including special trips and outings. "Bodily injury" means bodily injury, sickness, or disease TELEMATIC DEVICE sustained by a person, including death resulting from "Telematic Device" includes devices designed for the any of these. "Bodily injury" includes mental anguish collection and dissemination of data for the purpose of resulting from bodily injury, sickness or disease monitoring vehicle and/or driver performance. This sustained by a person. includes Global Positioning System technology, wireless ADDITIONS TO SECTION V- DEFINITIONS safety communications and automatic driving assistance systems, all integrated with computers and mobile COVERAGE TERRITORY communications technology in automotive navigation "Coverage Territory" means: systems. 1. The United States of America (including its VOLUNTEER WORKER territories and possessions), Canada and Puerto "Volunteer worker" means a person who performs Rico; and business duties for you, for no financial or other 2. Anywhere in the world, except for any country or compensation. jurisdiction that is subject to trade or other economic sanction or embargo by the United States of America, if a covered "auto" is leased, hired, rented, or borrowed without a driver for a period of 30 days or less, and the insured's responsibility to pay "damages" is determined in a "suit" on the merits in and under the substantive law of the United States of America (including its territories and possessions), Puerto Rico, or Canada, or in a settlement we agree to. Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09NC 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 INSURED'S COPY DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA WORKERS COMPENSATION $ EMPLOYERS LIABILITY L Raleigh, North Carolina 27624-0005 Insurance Policy MUTUAL (800)809-4859 Policy Number From Period To ® Builders Premier Insurance Company ❑ Builders Mutual Insurance Company PWC 1017090 01 03/10/2024 03/10/2025 12:01 A.M.Standard Time at the described location RENEWAL DECLARATION Customer#: 1. Named Insured and Address Agent MOFFAT PIPE INC JONES INSURANCE AGENCY INC 701 FINGER LAKES DR 820 BENSON RD WAKE FOREST NC 27587 GARNER, NC 27529 Tele hone: 919-772-0233 0000250 NCCI Carrier# FEIN# Risk ID# Entity of Insured 63792 562183333 6120783 CORPORATION Other workplaces not shown above: See Site Location Schedule 2.The Policy Period is from 03/10/2024 to 03/10/2025 12:01 a.m. Standard Time at the Insured's mailing address. 3.A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here:North Carolina B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3A. The limits of our liability under Part Two are: Bodily Injury by Accident $ 1, 000, 000 each accident Bodily Injury by Disease $ 1, 000, 000 policy limit Bodily Injury by Disease $ 1, 000, 000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: SC, VA, TN, MD, MS, DC except state(s) listed in Item 3.A. above. D. This policy includes these endorsements and schedules: See attached schedule. 4.The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates, and Rating Plans. All information required below is subject to verification and change by audit. SEE CLASSIFICATIONS OF OPERATIONS EXTENSION OF INFORMATION PAGE FAILURE TO PAY ANY PAST OR CURRENT PREMIUMS DUE WILL RESULT IN THE RESCISSION OF THIS OFFER OF COVERAGE . Minimum Premium $ 872 Total Estimated Annual Premium $ 65,259 Expense Constant $ 210 Premium Discount $ - 7,220 Premium Adjustment Period: ® Annual; ❑ Semiannual; ❑ Quarterly; ❑ Monthly Countersigned this Day of Issued Date: 02/08/2024 Authorized Representative Issuing Office BUILDERS PREMIER INSURANCE CO. WC 00 00 01 A 07 21 INSURED COPY Page 1 of DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA WORKERS COMPENSATION&EMPLOYERS LIABILITY BUILDERS PREMIER INSURANCE CO. Post Office Box 150005 Policy Number: PWC 1017090 01 Raleigh, North Carolina 27624-0005 Named Insured: MOFFAT PIPE INC Agent: JONES INSURANCE AGENCY INC 0000250 EXTENSION OF INFORMATION PAGE ENDORSEMENT SCHEDULE - ITEM 3.D. State Form Nbr. Ed. Date Description US WCOOOOOOC (1/15) POLICY PAGE ENDORSEMENT US WC000414A (1/19) NOTE OF CHG IN OWNERSHIP END NC WC000302 (4/84) DESIGNATED WORKPLACES EXCL END NC WC000308 (4/84) PARTNER/OFFICER/OTH EXC END NC WC000313 (4/84) WAIVER OF SUBROGATION NC WC000403 (4/84) EXP RATING MOD FACTOR END NC WC000404 (4/84) PENDING RATE CHG ENDORSEMENT NC WC000406A (7/95) PREMIUM DISCOUNT ENDORSEMENT NC WC000419 (1/01) PREMIUM DUE DATE ENDORSEMENT NC WC000421 F (8/22) DOM TERR, EQUAKE, IND ACC END NC WC000422C (1/21) TRIPRA DISCLOSURE ENDT NC WC000424 (1/17) AUDIT NON-COMPLIANCE CHARGE EN NC WC000425 (1/17) EXP RATING MOD FACTOR END NC WC320301 D (7/18) NC AMENDED COVERAGE ENDORSE NC WC320601B (11/19) CANCELLATION AND NONRENEWAL NC WC320603 (7/18) NC NON-INS GOODS OR SRV ENDORS Issued Date: 02/08/2024 WC 00 00 01 A 07 21 INSURED COPY Page 4 of 4 DocuSign Envelope ID:07A4359F-6D47-4987-B1F1-BF667ACBB3BA WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium$ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance.