Project Manual

CITY OF DURHAM Piney Wood Pickleball Court Renovation DURHAM, NORTH CAROLINA May 27, 2021

OWNER: CITY OF DURHAM 101 CITY HALL PLAZA DURHAM, NORTH CAROLINA 27701

General Services Department 2011 Fay Street Durham, NC 27704 (919) 560-4197 Piney Wood Athletic Court Renovation DURHAM, NORTH CAROLINA

CONTRACT AND SPECIFICATIONS

CITY OF DURHAM, NORTH CAROLINA

MAYOR: STEVE SCHEWEL

COUNCIL MEMBERS:

Jillian Johnson, Mayor Pro-Tempore Javiera Caballero DeDreana Freeman Mark-Anthony Middleton Charlie Reece Pierce Freelon

CITY MANAGER: THOMAS J. BONFIELD

CITY ATTORNEY: KIMBERLY REHBERG

CITY CLERK: DIANA SCHREIBER City of Durham Piney Wood Athletic Court Renovation

TABLE OF CONTENTS

DIVISION 00 – BIDDING AND CONTRACT REQUIREMENTS Title Invitation to Bidders ...... Instructions to Bidders ...... Bid Proposal Form ...... Required Forms Document ...... Project References Form ...... Non-Collusion Affidavit ...... Bidder Safety Evaluation Questionnaire ...... Underutilized Business Enterprise (UBE) Procurement Forms ...... Underutilized Business Enterprise (UBE) Listing ...... Insurance Requirements ...... Payment & Performance Bond ...... COVID-19 Guidelines...... NC Department of Labor COVID-19 Form……………………………………………………….. Workforce Diversity Questionnaire Form……………………………………………………….. Request for Approval of Substitution ...... Example documents for use during construction: Standard Form of Agreement between Owner and Contractor ...... Subcontractor Monthly Record of Payment Report ...... Equal Business Opportunity Program (EBOP) Final Subcontracting Report ...... Reimbursable Sales Tax Forms ...... Contract Change Order Form ...... Claim for Additional Time on the Basis of Adverse Weather Conditions ...... DIVISION 01 Sec. No. Title 010000 Scope of Work ...... 011400 Work Restrictions...... 012100 Allowances ...... 012700 Unit Prices ...... 015000 Temporay Facilities ...... 015050 Mobilization ...... 016000 Cleaning Up ...... 017300 Execution Requirements...... 017700 Closeout Procedures......

TABLE OF CONTENTS City of Durham Piney Wood Athletic Court Renovation

020100 Existing Conditions...... 020700 Selective Demolition ...... 022000 Earthwork...... 025000 Vinyl Coated Chain-link Fencing ...... 321216 Asphalt Court Paving ...... 025130 Acrylic Court Surfacing System ...... 029200 Seeding...... 321250 Full-Depth Reclamation ......

TABLE OF CONTENTS INVITATION TO BIDDERS

The City of Durham will receive bids for the Piney Wood Athletic Court Renovation by: 2 PM, TUESDAY, JUNE 29, 2021 at The City of Durham General Services Department, 2011 Fay Street, Durham, NC 27704 Attention: LESA RIKARD OR BY EMAIL TO: [email protected]

Summary of Work: Full renovation an existing circut of tennis courts, converting to a pickleball court at Piney Wood Park; including demolition of perimeter chain link fence, vegetation clearing, limb pruning, reclamation of existing asphalt paving using Full-Depth Reclamation, new sub-base as required by the geotechnical testing, asphalt paving and acrylic latex color coating, new windscreens, new sleeves and net posts. New perimeter and interior vinyl coated chain link fence and gates, new signage and new sidewalk, and replacement or repair in designated areas.

Qualifications and Experience:

Respondents shall submit the following information to demonstrate their experience and qualification. Only include those projects in which the project team members have actively participated or led:

(1) Bidders shall demonstrate sufficient prior experience with direct construction or full-depth renovation of tennis courts or pickleball courts. Evidence of sufficient prior experience is satisfied by providing project references for at least three similar projects in the last seven years where a grouping of (3 or more) tennis courts or pickleball courts were newly constructed or renovated (specifically utilizing full-depth reclamation of asphalt paving).

(2) Bidders must have and demonstrate significant experience in the construction of asphalt athletic courts with defined surface smoothness and installation tolerances. Bidders shall demonstrate it has newly constructed or performed full-depth renovation of tennis courts or pickleball courts that adhere to athletic court industry standards as outlined in: A Construction and Maintenance Manual, latest edition by the ASBA.

(3) Bidders shall provide representative project references on the required Project Reference Form evidencing compliance with requirements (1) and (2).

Bidders MUST attend a pre-bid conference on:

Thursday, June 10th 2021 AT 11AM ON SITE: Piney Wood Athletic Court

Small Disadvantaged Business Enterprise participation goals are MBE 11% and WBE 7%. Plans and specifications are available for download or viewing by contacting: The City of Durham Finance Department Website under Purchasing: NEW WEBSITE: http://durhamnc.gov/bids.aspx

Or by contacting: LESA RIKARD PROJECT MANAGER City of Durham General Services Department 919.560.4197, (fax919.560.4970 [email protected]

All requests for substitution, must be submitted in writing via the email below according to the directions given in the Request for Approval of Substitution and in the Instructions to Bidders prior to Friday, June 18th, 2021 AT 5PM. Substitution requests should be directed to:

LESA RIKARD PROJECT MANAGER City of Durham General Services Department 919.560.4197, (fax919.560.4970 [email protected]

All other inquiries, questions, and/or clarifications must be submitted in writing via the email below according to the directions given in the Request for Approval of Substitution and in the Instructions to Bidders prior to Friday, June 18th, 2021 AT 5PM. Drawing and technical specification inquiries should be directed to:

LESA RIKARD PROJECT MANAGER City of Durham General Services Department 919.560.4197, (fax919.560.4970 [email protected]

Each bidder must show evidence that they are licensed under Chapter 87 of the N.C. General Statutes. A General Contractors License is required.

The Following Forms MUST be filled out and included with the bid proposal:

1. Bid Forms 2. Non-collusion affidavit 3. Contractor Safety Record Information 4. UBE Construction Forms: E-101, E-102 and E-104 5. Project Reference Form 6. Risk Management’s Contractor COVID-19 Safety Plan 7. Workforce Diversity Questionnaire 8. Performance & Payment Bond

The City of Durham reserves the right to reject any or all proposals.

END OF INVITATION TO BIDDERS

INVITATION TO BIDDERS City of Durham Piney Wood Athletic Court Renovation

INSTRUCTIONS TO BIDDERS

1. Bids will be received for Single Prime Contract. All proposals shall be for lump sum.

2. The submission of a bid will assume that the Contractor has fully examined the site and knows existing conditions, and has made every provision for operating under the existing conditions, and has included all necessary items, and has read and understands the Bidding Documents. No consideration shall be given to any claim for extra compensation or extension of contract time because of failure to comply with this provision.

3. Bids must be made in strict accordance on the “Bid Form” provided hereto and all blank spaces for the Bid Alternates and Unit Prices, shall be properly filled in. When requested Alternates or Unit Prices are not bid, the bid may be considered incomplete. All bids submitted must be on the blank proposal forms herein provided and prices given shall be both in writing and figures and the complete form shall be without any lineation, alterations, or erasures. Any modification to the Bid Form (including Alternates and Unit Prices) may disqualify the Bid and/or cause the Bid to be rejected. In case of conflicting prices, the written prices shall govern.

One (1) original shall be submitted to City of Durham General Services.

The Contractor shall fill in the Form of Bid as follows:

a. All bids must be signed by an authorized official of the firm. b. Each proposal shall include the full name and address, phone number, and e-mail contact of the bidder. c. It shall be the specific responsibility of the Bidder to deliver this Bid to address specified in Invitation to Bidders prior to the date and time specified in the invitation to bidders for opening of the Bids. Later delivery of a Bid for any reason, including delivery by the United States Mail, shall disqualify the Bid. d. Modifications of previously deposited Bids will be acceptable only if delivered to the place of the bid by the specified time.

Bids shall be received in strict accordance with requirements of the General Statutes of North Carolina. All copies of the Bid, and any other documents required to be submitted with the Bid shall be enclosed in a double envelope. The envelope can be hand delivered or mailed and shall be addressed to the City of Durham, General Services Department, 2011 Fay Street, Durham, North Carolina 27704, and should be identified with the project name, time and date of Bid Opening, the Bidder’s name and address, and Bidder’s General Contracting license number. For Informal Bidding-Projects Under $500,000, emailed bids are also acceptable.

4. Bidders are encouraged to attend a pre-bid conference at the date and time specified in the invitation to bidders,

5. The bidder is hereby directed NOT to include the N.C. Sales Tax in the bid total. The successful bidder to whom the award is made will be required to submit a sworn statement

INSTRUCTION TO BIDDERS City of Durham Piney Wood Athletic Court Renovation each month itemizing the purchases and taxes paid thereon and certifying that the articles purchased were used in work performed for the City of Durham. The N.C. Sales and Use Tax so itemized will be made a part of the monthly estimate. A sample form which must be followed to qualify for these payments to Sales and Use Tax is shown in the Project Manual.

It is the intent of the City to award this bid to the lowest responsive and responsible bidder. The City reserves the right to reject any and all Bids, including without limitation, nonconforming, non-responsive, unba lanced, or conditional Bids. The City of Durham further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. The City of Durham may also reject the Bid of any Bidder if the City believes that it would not be in the best interest of the Project to make an award to that Bidder. The City of Durham also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate terms with the Successful Bidder. 6. Except to the extent allowed by statute, bids shall not be withdrawn and bids shall remain subject to acceptance by the City for a period of 90 days.

7. If performance and payment bonds are required, the City requires the use of its performance bond and payment bond form unless, after consulting the City Attorney’s office, the project manager finds that different bond forms satisfactorily protect the City. Before bidding, each bidder should show the City bond form to its bonding company to be sure it can promptly issue the bond on that form in the event the contract is awarded to it. Each bond must be for 100% of the contract amount and must be executed by a NC-licensed surety.

8. Upon request, bidders must present satisfactory evidence that they have been regularly engaged in the business of constructing such work, such as company work history and references from similar construction projects. And upon request, bidders must show that they are fully prepared with the necessary capital, equipment, etc., to begin the work promptly, and complete the same in accordance with specifications.

9. The Contractor must provide the City of Durham a site – specific safety plan of their organization, prior to approval of the contract.

10. The City of Durham will require each contractor to implement a COVID-19 Exposure Prevention, Preparedness, and Response Plan for Construction (“COVID-19 PLAN”) and to educate their employees on the details of the plan prior to commencing work at any construction job site.

11. The bidder to whom the award is made shall be required to furnish work crews of adequate number, size, and experience to properly perform the work. The interpretation of the number of crews, size, and experience will be determined by the City of Durham as to their adequacy.

12. The contractor will furnish all materials, labor, equipment, supervision, tools, machinery, etc. for complete construction of projects in accordance with plans and specifications of the City of Durham.

13. The Contractor will perform, or have performed, all the necessary site layout (both lines and grades) for this construction.

14. The City reserves the right to extend the work in this Contract upon the same terms, provided that such extensions shall not exceed in cost fifty per cent (50%) of the original Contract price of the Contract being extended.

INSTRUCTION TO BIDDERS

15. It shall be the contractors’ responsibility to obtain all necessary and required permits. These permits shall be maintained on site and available upon demand. City of Durham Piney Wood Athletic Court Renovation

15. The contractor(s) to whom the award is made must carry insurance in the amounts and types outlined in the Insurance Requirements document in the Project Manual.

16. The successful bidder is required to commence work within ten (10) days after written notice from the Project Manager. Termination of work shall also be controlled by the City of Durham.

17. Contract completion time for all work on this project is 120 calendar days.

18. Bidders are required by the City of Durham to be licensed. General Contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina will be observed in receiving and awarding general contracts. Contractors submitting bids on this project must have license classification for general contractor.

19. GS143-128(d) requires all single prime bidders to identify their subcontractors for the Plumbing, Mechanical, and Electrical subdivisions of work. A contractor whose bid is accepted shall not substitute any person as a 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 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. The PME subcontractors MUST be listed or this will be cause for rejection. See the Proposal Form.

20. Equity & Inclusion Department

It is the policy of the City to provide equal opportunities for City contracting to underutilized businesses owned by minorities and women doing business in the City’s Contracting Marketplace. It is further the policy of the City to prohibit discrimination against any firm in pursuit of these opportunities, to conduct its contracting activities so as to prevent such discrimination, to correct the present effects of past discrimination and to resolve complaints of discrimination. This policy applies to construction contracting. The City’s Equity & Inclusion Department has reviewed this proposed project and established Underutilized Business Enterprise (UBE) participation goals: Minority Business Enterprise (MBE)-11% and Woman Business Enterprise (WBE)-7%. A listing of firms from the HUB database is included in this project manual. Bidders may also use firms currently certified as MBES and WBES by N.C. D.O.T. and the SBA 8(a) Program to meet the participation requirements.

Equity & Inclusion Department is responsible for the Equal Business Opportunity Program. All questions about Construction Services Forms should be referred to Deborah Giles or other department staff at (919) 560- 4180.

21. Substitutions: Any Bidder proposing a substitution shall bear the entire cost of incorporating the substitution into the finished work, including costs of administration, re-detailing, redesigning and changing the work of other contractors and sub-contractors. For proposed material substitutions submit the Request for Approval of Substitution form in the Project Manual to the Designer. If a material substitution is accepted by the Project Manager and Owner, Contractors will be notified by an addendum. The deadline for any request for

INSTRUCTION TO BIDDERS City of Durham Piney Wood Athletic Court Renovation

substitution is as listed in the Invitation to Bidders in order allow time to issue responses in an addendum. 22. The bids will be evaluated and the contract awarded in accordance with statutory public contract requirements and as supplemented by the City of Durham’s Equal Business Opportunity Program Construction Forms included with this bid. The following forms are mandatory and must be filled out and returned with the bid proposal.

a. Bid Forms b. Non-Collusion Affidavit c. Contractor Safety Record Information d. Project Reference Form e. COVID-19 PLAN f. Workforce Diversity Questionnaire g. Performance & Payment Bond h. Equal Business Opportunity Program i. Underutilized Business Enterprise Construction Forms or Procurement Forms Forms E-101(UBE Participation On Base Bid) Form E-102(UBE Participation On Bid Alternate), if applicable Form E-104 Employee Breakdown. Any bids submitted without these completed forms may be deemed as “non-responsive”. If there are any questions or problems in filling out the UBE forms, please contact:

City of Durham Equity & Inclusion Department (919) 560-4180

23. Any addenda issued during the time of bidding are to be considered covered in the Bid and the Contract they will become part thereof. It shall be the Contractor’s responsibility to ascertain prior to Bid time the addenda issues and to see that his/her Bid includes any changes thereby required. All Addenda shall be acknowledged by the bidder(s) on the Bid Form. Failure to do so may disqualify the Bid and may cause the Bid to be rejected.

24. Should the Bidder find discrepancies in, or omissions from, the drawings or documents or should he/she be in doubt as to their meaning, he/she shall at once notify the Designer in writing. Any interpretation of the document will be made only by Addendum duly issued. The Designer will not be responsible for any explanation or interpretation of the proposed documents. Neither the Owner nor the Designer will be responsible for any oral instructions. Any questions regarding the Bid Documents or Contract Conditions must be in writing via email and received by the date and time specified in the Invitation to Bidders.

25. Plans and specifications and all bid addenda are available electronically on The City of Durham Finance Department Website under Purchasing: NEW WEBSITE: http://durhamnc.gov/bids.aspx

26. Plans and specifications are also on file and available for viewing at: The City of Durham General Services Department – 2011 Fay Street, Durham, NC 27704; 919-560-4197, and City of Durham Equal Opportunity/Equity Assurance Department – 101 City Hall Plaza, Durham, NC 27701; (919) 560-4180.

27. The bidder to whom the award is made shall be required to enter into proposed Contract with the City of Durham, North Carolina,

INSTRUCTION TO BIDDERS City of Durham Piney Wood Athletic Court Renovation

E-Verify Requirements. (A) If this contract is awarded pursuant to North Carolina General Statutes (NCGS) 143-129 – (i) the contractor represents and covenants that the contractor and its subcontractors comply with the requirements of Article 2 of Chapter 64 of the NCGS; (ii) the words "contractor," "contractor’s subcontractors," and "comply" as used in this subsection (A) shall have the meanings intended by NCGS 143-129(j); and (iii) the City is relying on this subsection (A) in entering into this contract. (B) If this contract is subject to NCGS 143- 133.3, the contractor and its subcontractors shall comply with the requirements of Article 2 of Chapter 64 of the NCGS.

State Treasurer's lists regarding Iran and Boycott of Israel. If the successful bidder or the City signs the contract on October 1, 2017 or afterwards, and the value of the contract is $1,000 or more, the following applies unless the bidder otherwise states in its bid: the bidder affirms (by submitting a bid) that (1) its name does not appear on the list of companies that are engaged in a boycott of Israel developed by the N. C. State Treasurer under N.C.G.S. 147 86.81(a)(1) or on a list created by the Treasurer pursuant to N.C.G.S. 147 86.58 as a company engaging in investment activities in Iran, and (2) it has no reason to expect that its name will appear on either of those lists. Take notice that a contract between a company named on either list and the City may be void.

28. Examination of Bidding Documents, Other related Data, and Site Subsurface and Physical Conditions

a. The General Conditions identify those reports of explorations and tests of subsurface conditions at or contiguous to the Site that the Engineer has used in preparing the Bidding Documents. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that the Engineer has used in preparing the Bidding Documents.

b. Copies of reports and drawings referenced in Paragraph 1.5.A.1 are available by the City of Durham to any Bidder in accordance with Appendix. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which the Bidder is entitled to rely and have been identified and established as provided in Paragraph 4.02 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings

29. Values of City of Durham regarding Treatment of Employees of Contractors

a. Statement of City EEO Policy. The City of Durham opposes discrimination in employment because of race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. Therefore, it desires that firms doing business with the City: 1. not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. 2. take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. This action includes employment, upgrading, demotion, transfer, recruitment or advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 3. state, in solicitations or advertisement for employees, that all qualified applicants will receive consideration for employment without regard to race, color, religion,

INSTRUCTION TO BIDDERS City of Durham Piney Wood Athletic Court Renovation

sex, national origin, political affiliation or belief, age, or handicap. 4. include this Statement of City EEO Policy in every purchase order for goods to be used in performing City contracts and in every subcontract related to City contracts. b. Livable Wage - The City of Durham desires that firms doing business with the City pay their workers a livable wage rate while working on City contracts. The livable wage rate is $16.25per hour for July 1, 2020 – June 30, 2021. The City will re-set the rate for the period after June 30, 2021.

END OF INSTRUCTIONS TO BIDDERS

INSTRUCTION TO BIDDERS (USE THIS FORM ONLY)

SUBMIT PROPOSALS IN CARE OF: General Services Department Cit oyufD rha m 2011 Fay Street Durham, NC 27701 (919) 560-4197

BIDDER’S FIRM NAME______

DATE:______

PROPOSAL: Piney Wood Athletic Court Renovation The Undersigned, as Bidder, hereby declares that only person or persons interested in this proposal as principal or principals is or are named herein and that no other persons than herein mentioned has any interest in this proposal or in the contract to be entered, 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 respect fair and in good faith without collusion or fraud.

The bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the specifications for 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.

Materials to be furnished shall be in compliance with standard specifications and special provisions. CONTRACTOR’S responsibility shall continue uninterrupted until expiration of the warranty period as stated in the specifications after completion of the work. The owner (City of Durham) reserves the right to select any or all of the alternates and to increase or decrease the total contract amount utilizing the unit prices supplied by the CONTRACTOR in the bid form.

The Base Bid and Alternates shall not include any state or local sales tax. Such tax shall be accounted for separately and will be reimbursed from a separate source.

The Bidder agrees, if his proposal is accepted, to contract with the City of Durham, 101 City Hall Plaza, Durham, NC 27701, in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete within the time allotted as specified, the General Construction work on the Owner’s property, in complete accordance with the Plans, Specifications, and Contract Documents bearing the title “Piney Wood Athletic Courts Renovation” and “Piney Wood Athletic Court Renovation” with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents for the sums as follows:

The undersigned proposes to perform alternatives for stated resulting additions from the Base Bid. Additions shall include any modifications of work or additional work that the undersigned may be required to perform by reason of acceptance of any alternative.

Base Bid:

($______)______dollars Plumbing Subcontractor: License: Mechanical Subcontractor: License: Electrical Subcontractor: License:

GS 143-128(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 a 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 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.

ADDENDA The following addenda are acknowledged as having been received and noted, the provisions for which are included in the proposal(s). Failure to acknowledge receipt of any addenda will subject the bidder to disqualification. CONTRACTOR to sign.

Addendum No. 1:______Addendum No. 2:______Addendum No. 3:______Addendum No. 4:______

ALTERNATES

Should any of the alternates as described in the contract documents be accepted, the amount written below shall be the amount to be “added to” the base bid.

Alternate #1 - N/A

($______)______dollars

ALLOWANCES (Shall be included in the Total Base Bid Amount) Allowance #1 Unsuitable Soils, removal and replacement with structural fill (or specified backfill material). 96 CY ($______)______dollars

Allowance #2 - NA ($______)______dollars UNIT PRICES Unit prices quoted and accepted shall apply throughout the life of the contract, except as otherwise specifically noted. Unit prices shall be applied, as appropriate, to compute the total value of changes in the scope of work, all in accordance with the plans and specifications.

Description Unit Unit Price

Clearing & grubbing, vegetation AC $

Limbing, overhanging branches LS $ Portland Cement Soil Stabilization Manipulation (FDR) to 12” depth with 5% Portland cement at a rate of 65 lbs / SY SY $

Asphalt Athletic Court Paving SY $

Tree Protection Fencing LF $

10’ black vinyl coated chain link perimeter fence LF $

10’ black vinyl coated fence posts EA $ Topsoil & Seed, Rough and Fine Grading of Disturbed Landscape areas SY $

Hand Rails LF

Concrete Pavement 4” thick SY Loam & Seed, Fine Grading of Disturbed Landscape areas SY $ Allowances

Unsuitable soils, removal and replacement with CABC CY $

END OF SECTION 01270

UNIT PRICES 01270 - 2 REQUIRED FORMS

The following forms have been completed by the CONTRACTOR and are attached hereto. CONTRACTOR to sign.

Non Collusion Affidavit: ______

Contractor Safety Record Information: ______

Risk Managements Contractor COVID 19 Safety Plan: ______

UBE Form(s): E101 UBE Participation on Base Bid ______

E102 UBE Participation on Bid Alternates______

E104 UBE Employee Breakdown ______

Project References Form: ______

Workforce Questionnaire Form: ______

Performance & Payment Bond: ______

Respectfully submitted this ______day of ______. Signature: ______Title: ______Firm: ______Address: ______

______

License No.______Expiration Date City of Durham Piney Wood Athletic Court Renovation

PROJECT REFERENCES

LAST Three(3) Tennis or Pickleball Athletic Courts Project Completed Name and Address of Contractor Date:

Owner Name & Contact Info Description of Work Contract Amount Date Completed

CONTRACTOR'S QUALIFICATION STATEMENT NON‐COLLUSION AFFIDAVIT By executing this proposal, I certify that this proposal is submitted to the City of Durham competitively and without collusion. I am authorized to represent the candidate or bidder named below both in submitting this proposal and in making this Non‐collusion Affidavit. To the best of my knowledge and belief, (1) the candidate or bidder has not violated N. C. General Statute section 133‐24 in connection with the proposal, (2) the candidate or bidder has not entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with its proposal, and (3) the candidate or bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding or making a proposal for the benefit of another contractor. The neuter includes the masculine and the feminine. The candidate or bidder to which this Non‐Collusion Affidavit refers is:

______. (insert name of candidate or bidder)

______(signature of individual)

ACKNOWLEDGMENT Type or print name of the individual who signed the affidavit:

______. Type or print the name of Notary Public signing this acknowledgment: ______

Place where acknowledgment occurred: County of ______, State of ______

Notary’s residence: County of ______, State of ______

I, the Notary Public named above, certify (1) the individual named above personally appeared before me this day, (2) I have personal knowledge, or satisfactory evidence, of the individual’s identity; and (3) the individual acknowledged signing the foregoing affidavit.

This the ______day of ______, 20____. ______Notary Public My commission expires:

______BIDDER SAFETY EVALUATION QUESTIONAIRE

CONTRACTOR 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.

Page 1 of 4 YEAR CONTRACTOR INDUSTRY INDUSTRY FIELD AND CODE DART INCIDENT DART 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 ______

Page 2 of 4 (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 ______

(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 ______

(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 ______

Page 3 of 4 5. Required Written Explanation of Safety Record. If the bidder has any of the following: (a) DART incident rate greater than its industry average, (b) an EMR greater than 1.0, (c) answered “yes” to any of the OSHA Specific Question above, or (d) answered “no” to any of the Safety Plan questions, the bidder shall provide the City, 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 City.

Page 4 of 4

EQUAL BUSINESS OPPORTUNITY PROGRAM

CONSTRUCTION FORMS Updated 08/19

INSTRUCTIONS ON UBE REQUIREMENTS

FOR USE IN BIDDING ON CONSTRUCTION PROJECTS WITH THE CITY OF DURHAM These instructions summarize the provisions of the City of Durham’s Equal Business Opportunity Ordinance as it applies to the bid process. Of course, as with any summary, it cannot reflect all of the ordinance.

QUESTIONS AND ANSWERS ON UBE REQUIREMENTS

1. What is the purpose of the City’s Equal Business Opportunity (EBOP) program? The City Manager has set UBE goals for certain contract classifications. There will be a goal for UBEs owned by minorities and a goal for UBEs owned by women. For the bid to be fully considered by the City, the bid needs to meet the established goals or the bidder needs to have made good-faith efforts to subcontract with UBEs in order to meet the goals. In order to be given credit for making those good-faith efforts, the bidder must provide written documentation of those good-faith efforts. That written documentation must be submitted to the City within 2 days after the bid opening unless a different time is stated by the City. See the instructions below regarding Form E-107.

2. What is an “UBE”? It means an Underutilized Business Enterprise. An UBE is a business, certified by the N. C. Department of Administration HUB Office, N.C. Department of Transportation or the U.S. Small Business Administration Section 8(a) Business Development Program as a minority or women business enterprise. The qualifying UBE needs to have its certification from one of the above named entities before the bid opening if it is to count toward meeting the goals. Failure to provide evidence of UBE status may disqualify the firm’s participation for the purpose of meeting UBE goals

For purposes of this document and associated forms, any reference to an “UBE,” or similar reference shall include reference to a qualified women or minority owned firm certified and approved in accordance with the above paragraphs.

3. What UBE forms must a bidder or contractor turn in to the City, and when?

Name or description of form Necessary to submit this form? When to submit it?

E-101 (UBE PARTICIPATION Always With the bid ON BASE BID)

E-102 (UBE PARTICIPATION Yes, if there are alternates. Use a With the bid ON BID ALTERNATE) separate form for each alternate.

E-103 reserved for future use) n/a n/a

E-104 (EMPLOYEE Yes, or a EEO-1 form if large enough to With the bid BREAKDOWN) report employment statistics to the federal government.

2 UBE forms continued

E-105 (STATEMENT OF Yes, if the bidder proposes to Within 5 days after bid INTENT TO PERFORM AS count any subcontracts with opening unless a SUBCONTRACTOR) UBEs towards the UBE goals different time is stated by the City. E-106 (REQUEST TO CHANGE Yes, if the bidder or Not with the bid. UBE PARTICIPATION AFTER contractor proposes certain Once the bidder is BID OPENING) changes in its subcontracting identified as the apparent lowest responsible bidder, this form is due before the bidder/contractor can make the proposed change.

E-107 (QUESTIONNAIRE ON Yes, if the bidder fails to meet the Within 2 days after bid BIDDER’S GOOD-FAITH UBE goals. Do not turn in if the opening unless a EFFORTS) bidder met the goals. different time is stated by the City

Good-faith documentation Yes, if the bidder failed to Within 2 days after bid meet the UBE goals. opening unless a different time is stated by the City

3 4. If a bidder fails to meet the UBE goals, can it still be awarded the contract? Bidders that do not meet the goals but demonstrate good-faith efforts are treated equally to those that meet the goals. Awarding a contract is ultimately the decision of the City Council, which considers compliance with the EBO ordinance along with other matters.

5. In making good-faith efforts, what UBEs should a potential bidder contact? The City provides a list of UBEs that have been certified by the N. C. Department of Administration HUB Office, as a minority or women business enterprise for particular trades, services, goods, etc. Potential bidders should contact UBEs listed for the work that can be subcontracted.

6. Our firm already has employees who can do the work and does not want to subcontract that work. How does this fit in? The purpose of the EBO ordinance is to change business practices that would otherwise occur, by giving opportunities to under-used segments of the economy. If the bidder does not meet the goals, its good-faith efforts will be examined as with any other bidder that did not meet the goals.

7. If the bidder contacts an underutilized business enterprise owned by a minority or woman that could become a UBE, will that count toward good-faith efforts? This contact will not count unless the firm that you contact is certified by the N. C. Department of Administration HUB Office, N.C. Department of Transportation or the U.S. Small Business Administration Section (a) Business Development Program as a minority or women business enterprise before the bids are opened. In making good-faith efforts, let us suppose that a potential bidder contacts firms that could qualify to be UBEs. If those firms have their certification from the previously identified authorities at the time of the bid opening, those contacts will count towards good-faith efforts. But there is a risk, because getting certification takes time.

8. Do all subcontracts with UBEs count? The City will count as UBE participation only expenditures to an UBE that performs a commercially-useful function in the relevant work. An UBE performs such a function when the minority or women business owners themselves are actually involved in performing, managing, and supervising a distinct element of the work. To determine whether those requirements are met, the City takes into account the amount of work subcontracted, industry practices, the adequacy of the resources of the UBE for the work, the qualifications, such as possession of licenses, permits, and professional designations of the minority and women owners, and other relevant factors. For example, if an UBE lacks substantially all of the resources equipment and personnel to do the work it shall be presumed not to perform a commercially-useful function. The EBO ordinance includes more points to consider on this issue.

9. May an UBE enter into subcontracts? This question arises in two situations: (1) the bidder is an UBE and (2) the bidder is subcontracting with an UBE. Consistent with normal industry practices, an UBE may enter into subcontracts. If an UBE subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of normal industry practices, the UBE shall be presumed not to be performing a commercially-useful function. The UBE may present evidence to rebut this presumption to the City.

10. What does it mean to say that information must be submitted “with the bid”? Unless bidders are given other written instructions from the City, it means that the information must be in a sealed envelope, delivered to the same place where a bid can be delivered, and before the time set for the bid opening. Unless bidders are given other written instructions from the City, the information can be either in the same envelope as the bid or in a separate envelope. If it is a separate envelope, the outside of the envelope must state the same information that is required on the bid envelope, and that it contains UBE forms.

4 11. When the chart in question 3 says that a form can be submitted 2 days or 5 days after the bid opening, exactly when is it due? Where is it to be submitted?

. The form must be submitted to the City’s Equity & Inclusion Department, located at 101 City Hall Annex or faxed/emailed to (919) 560-4513, so that it is received within 2 days or 5 days (whichever applies according to the chart) after the bid opening. If the form is faxed/emailed, it must be received before midnight on that 2nd or 5th day. If it is delivered by any other means, it must be received before 5:00 PM. In counting these 2 days or 5 days, exclude the following: the day of the bid opening, Saturday, Sunday, and holidays observed by city government of the City of Durham. For instance, for a form due in 2 days, if the bid opening is on a Thursday, the due date for the form would be on the following Monday (midnight if faxed, otherwise 5:00 PM). If the day after the bid opening or that Monday is a City holiday, the form would be due on Tuesday. For a form due in 5 days, if the bid opening were on Tuesday, the due date for the form would be on the following Tuesday (midnight if faxed, otherwise 5:00 PM). If any weekday between those Tuesdays is a City holiday or if the Tuesday on which the form would be due is a City holiday, the form would be due on Wednesday. It is best to place the documents inside an envelope, and to write on the outside of the envelope the same information that is required on the bid envelope, and that it contains UBE forms. Holidays observed by city government are New Years' Day, Dr. Martin Luther King, Jr., Day; Good Friday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day; two days (varying from year to year) during the week of Christmas Day; and other times as may be authorized by City Council.

12. When there are bid alternates how is UBE participation counted? The total amount of the award actually made by the City is the key. For instance, assume the following made-up example:

Base bid is $200,000 Alternate A bid is $50,000 Alternate B bid is $22,000 Minority-owned UBE goal is 11%. The bidder proposes Minority-owned UBE participation as follows: $22,000 on the base bid, $4,000 on Alternate A, and $10,000 on Alternate B.

In this fictional example, the bidder may or may not meet the goal, depending on the actual award by Council. This chart illustrates:

5 A W A R D B Y C I T Y C O U N C I L

Only Base bid + Alternate A Base bid + Alternate B Base bid + the Alternates A & B base bid Bid total $200,000 $250,000 $220,000 $270,000 (200,000 + 50,000) (200,000 + 20,000) (200,000 + 70,000)

Total UBE $22,000 $26,000 (22,000 $32,000 $36,000 participati + 4,000) (22,000 + 10,000) (22,000 + 14,000) on

Minority‐owned 11% 10.4% 14.5% 13.3% UBE percentage Meet 11% Yes No Yes Yes Minority‐ owned UBE goal?

14. How is the lease of equipment by an UBE counted? If the UBE leases equipment for the work of the contract, the value of the lease payments is included as part of the UBE’s participation. However, it is not proper to include such lease payments if they are to be made to the prime contractor or the prime contractor’s “Affiliate.” To understand what an “Affiliate” is, see section 26‐3 of the EBO ordinance.

15. How is the purchase of goods from an UBE counted? If the bidder is buying goods from an UBE, the cost of the goods can be considered UBE participation only if (a) the UBE operates or maintains a factory that produces the goods, or (b) the UBE has an establishment where the goods of the general character described by the specifications or required under the Contract are regularly sold or leased to the public in the usual course of business. If (b) applies, the UBE’s principal business must be selling or leasing those goods and the UBE must operate under its own name

INSTRUCTIONS FOR INDIVIDUAL UBE BID FORMS FOR CONSTRUCTION

Form E-101 (UBE PARTICIPATION) On this form, “participation” is the dollar amount of subcontracts for significant goods and services to be used to perform the contract. For instance, if the bidder would enter into subcontract with UBEs for a total of $30,000, that would be the UBE participation amount. The sum of UBE participation and non-UDBE participation should equal the amount of the bid. Form E-101 is required for the base bid Form E-102 (UBE PARTICIPATION ON BID ALTERNATE) This form is essentially the same as Form E- 101, except that it is used for the alternate bids instead of the base bid. Use a separate Form E-102 for each alternate bid.

6 Form E-103 reserved for future use

Form E-104 (EMPLOYEE BREAKDOWN) Complete Part A for the primary location where the goods and services that are the subject of the bid are to be made or provided. If the parent company or other locations of the bidder are providing any substantial portion of the goods or services, then the bidder must also complete Part B, for the consolidated company. If the bidder has an EEO-1 Report that provides the same information as required on the Form E-104, the EEO-1 Report may be used instead. On whether to submit Form E-104, see question 3 above. See questions 3 and 11 above on when and where to turn in this form.

Form E-105 (STATEMENT OF INTENT TO PERFORM AS SUBCONTRACTOR) The bidder must provide a Form E-105 (Statement of Intent) for each UBE firm that the bidder would subcontract with if the City awards the contract to the bidder. See questions 3 and 11 above on when and where to turn in this form.

On Form E-105, what happens if column 2 (dollar amount) disagrees with column 3 (percentage)? If there is a conflict between the dollar amount in Column 2 and the percentage of base bid in Column 3, the percentage stated in Column 3 will control. For instance, if Column 2 if $10,000, Column 3 is 10%, and the base bid is $200,000, there is an error, because ten percent of $200,000 is $20,000, not $10,000. In that example, the form will be read as a commitment for $20,000. If the UBE both (i) is doubtful of its arithmetic and (ii) wants Column 2 to control in case of disagreement, it may say that Column 2 will control over Column 3, but to do so, it must write that on Form E-105.

E-106 (REQUEST TO CHANGE UBE PARTICIPATION AFTER BID OPENING) When is this form used? Beginning with the time that the City Manager identifies a bidder as the apparent lowest responsible bidder and continuing as that bidder is awarded the contract and continuing until that bidder/contractor reaches the point of final completion of the work, Form E-106 is to be used when the following occurs: If the bidder/contractor proposes to do any of the following;

to replace a subcontractor, to perform subcontracted work with the bidder/contractor’s own forces, to increase the quantity of subcontracted work, to decrease the quantity of subcontracted work, or to change the allocation of work among subcontractors, then the bidder/contractor must make good-faith efforts to attain the goals that it has shown on the E-101 and applicable E-102 forms, and the bidder/contractor must fill out Form E-106. Substitutions of subcontractors in these circumstances, both before and after the awarding of a contract, are subject to City approval. Consult the City’s Equity & Inclusion Department on the procedures to follow in order to comply with City Code 26- 10(c). E-106 (QUESTIONNAIRE ON BIDDER’S GOOD-FAITH EFFORTS) Bidders that do not attain the UBE goals have the responsibility to make good-faith efforts and to demonstrate to the City that they have made such efforts. In determining a bidder’s good-faith efforts to engage UBEs, the City Manager shall consider the information supplied by the bidder to answer the questions in Form E-107, along with other criteria that the City Manager deems proper. Form E-107 is an optional tool that bidders may use to show that they have made good-faith efforts. See questions 3 and 11 above on when and where to turn in this form. Even when this form may be submitted after the bid opening, it cannot include information on efforts made after the bid opening. Even if a bidder does not use Form E-107, the City will nevertheless attempt to answer the questions on the E-107 using good-faith documentation supplied by the bidder. Bidders who do not turn in Form E-107 will still find it helpful to know how the City will determine whether good-faith efforts have been made.

7 For Section 2 of Form E-107 -- To make the best good-faith efforts as described under Section 2 on E-107, your firm should have sent a written letter, email, phone call or fax to all UBEs on the City’s list that perform the kind of work to be subcontracted. Your firm needs to keep a record of all of these attempts to reach UBEs. That letter would say, in effect, as follows: (Of course, your firm would need to write appropriate words where italicized instructions are used below.) Our firm is interested in bidding on a contract with the City of Durham for [describe the project]. We are interested in subcontracting, to your firm, the following work [describe specific work, for example, painting of interiors of 5 rooms, including prep work; or supplying 20 circuit breakers of type XJE‐R or equivalent]. You may inspect the applicable plans and specifications and descriptions of items to be purchased at our office located at the address shown above, or at the City of Durham’s Equity & Inclusion Department, 101 City Hall Plaza Annex, Durham, N.C., 27701, 919‐560‐ 4180[, or at the AGC plan room in (specify the locations)]. You may obtain a copy [explain how and from whom (the City, architect, engineer, etc.) the potential subs can obtain a copy].

If applicable, tell the UBEs at which offices of the AGC the plans and specifications may be seen, possibly from the following AGC list.

1100 Euclid Avenue Caswell Bldg., Glenwood Charlotte, NC 28203-1868 Place 3700 National Drive, Phone: (704)372-1450 Ste. 201 Raleigh, NC 27612 Phone: (919)781-3270 2713 Breezewood Avenue 2527 S. 17th St. Fayetteville, NC 28303 Wilmington, NC 28401 Phone: (910)484-0184 (McGee CADD Reprographics Bldg.) Phone: (910)791-5533

Other AGC locations if they have the plans and specifications

GOOD-FAITH DOCUMENTATION. This is not a City form but is documentation to be supplied by the bidder. See the instructions on Form E-107 above. Unless the bidder meets the UBE goals, the bidder must demonstrate that it made good-faith efforts. To do so, it can use a combination of providing answers to Form E-107 and documentation, such as copies of the notices to UBEs that are described in question 1(c) on Form E-107. See questions 3 and 11 above on when and where to turn in this form. Even when this documentation may be submitted after the bid opening, it cannot include information on efforts made after the bid opening.

8 Form E‐101 UBE PARTICIPATION ON BASE BID

Name of Bidder:

Total dollar amount of UBE participation in base bid work:

or each row, check one column: E or F Column A Column B Column C Column D Column E Column F Name of Goods and Subcontract Percentage Minority- Women- proposed services to amount, in of total base owned owned subcontractor be provided dollars, for bid (Column UBE UBE for base bid for base bid base bid C divided by work work work total base bid)

$ %

Attach extra sheets as needed.

Do the above participation amounts meet the goals on this contract, assuming only the base bid is counted?

Yes No. If the answer is No: (1) the bidder must have made good-faith efforts; (2) the bidder must provide, within 2 business days after bid opening, documentation of good-faith efforts; and (3) the bidder must sign below.

As an authorized representative of the Bidder, I swear or affirm under penalty of fraud that the good-faith efforts documentation submitted with this bid, pertaining to the base bid and all alternates, if any, is correct and not intended to defraud or mislead. After the contract between the City and the Bidder is signed, except to the extent that the City gives prior written approval for changes, the Contractor agrees that it shall engage the subcontractors listed on this E-101 and on all applicable E-102 forms, to perform the work for the dollar amounts or percentages described on this E-101 and applicable E-102s.

Signature of Individual authorized to sign for Bidder

9 Form E•102 UBE PARTICIPATION ON BID ALTERNATE

This form pertains to the following bid alternate: (Speciify the alternate, in the way that it is designated in the bid docments) Name of Bidder:

Total dollar amount of UBE participation in work on this alternate:

For each row, check one column: E or F Column A Column B Column C Column D Column E Column F Name of Goods and Subcontract Percentage of Minority- Women- proposed services to amount, in total bid for owned UBE owned UBE subcontractor be provided dollars, for this alternate for this for this this alternate (Column C alternate alternate divided by total bid for this alternate)

$ %

Attach extra sheets as needed.

10 Form E-104 EMPLOYEE BREAKDOWN Part A – Employee statistics for the primary location

M——a——l——e——s F——e——m——a——l——e——s Employment Total Total Total White Black Hispanic Asian or Indian or White Black Hispanic Asian or Indian category Employees males females Pacific Alaskan Pacific or Islander Native Islander Alaskan Native

Project Manager

Professional

Technical

Clerical

Labor

Totals

Part B – Employee statistics for the consolidated company. (See instructions for this form on whether this part is required.)

Project Manager

Professional

Technical

Clerical

Labor

Totals

It is in the City’s interest to collect accurate data on the makeup of the business owners that contract with the City. Your response to the follow questions is optional, although the City would appreciate your response:

Are you (the business owner for this bid/proposal) certified as a minority or woman firm with the N.C. HUB Office, N.C. Dept. of Transportation or Small Business Administration 8(a) Program? Yes______No______

If NOT, please put an X beside any of the following with which more than 50% of the ownership identifies: ______White/Non-Hispanic _____Black _____Hispanic _____Asian _____American Indian _____Woman

I certify that the information provided is true and correct at this time.

______Date Authorized Signature/ Name of Firm

11 Form E‐105 STATEMENT OF INTENT TO PERFORM AS SUBCONTRACTOR

Name of Bidder:

Name of Project:

The undersigned firm meets the City of Durham’s criteria as a UBE.

The undersigned UBE represents that it will enter into a formal contract with the Bidder to perform the following work in connection with the Project, in the dollar amount or percentage listed below, if the Bidder signs a contract with the City of Durham for the Project.

Describe the work in sufficient detail so that it can be determined whether the UBE’s work is a substantial and necessary part of the Project. Column 1 - description of Column 2 -dollar amount of Column 3 - percentage of work to be done by the proposed subcontract Bidder’s base bid represented undersigned UBE between the bidder and the by the proposed subcontract undersigned UBE between the Bidder and the undersigned UBE

The undersigned -UBE will be ready to begin work on the subcontract on the following date:

Name of UBE: Telephone No. Fax No.

Address: Zip Code: Signature of authorized representative of UBE

Title of the person who signed above:

What persons with the UBE should the City contact with questions about this form or the proposed subcontract?

Name of individual: Telephone No.

Title of Individual:

Email address: By submitting this form to the City of Durham, the Bidder represents that if the Bidder signs the contract with the City of Durham for the Project, the Bidder will enter into the subcontract described above with this UBE.

12 Form E-106 REQUEST TO CHANGE UBE PARTICIPATION AFTER BID OPENING

Project:

Name of bidder or contractor:

Name and title of representative of bidder or contractor:

Address : Zip Code:

Telephone No.: Fax Number:

Email address:

Total amount of original contract, before any change orders or amendments:

Total amount of the contract, including all approved change orders and amendments to date, but not counting the changes proposed in this form:

Dollar amount of changes proposed in this form:

The proposed change (check one) increases decreases the dollar amount of the bidder’s/contractor’s contract with the City.

Does the proposed change decrease the UBE participation? (check one) yes no

If the answer is yes, complete the following:

This form is used only if the conditions described in the instructions are present. BOX A

For the subcontract proposed to be changed (increased, reduced, or eliminated): Name of subcontractor:

Goods and services to be provided before the proposed change:

Is it proposed to eliminate this subcontract? yes no

If the subcontract is to be increased or reduced, describe the nature of the change (such as adding $5,000 in concrete work and deleting $7,000 in grading):

Dollar amount of this subcontract before this proposed change:

Dollar amount of this subcontract after this proposed change:

This subcontractor is (check one): 1. Minority-owned UBE 2. Women-Owned UBE 3. Not a UBE

13 BOX B. Proposed subcontracts other than the subcontract described in Box A above (continued)

Name of sub-contractor for the new work:

Goods and Services to be provided by this proposed subcontractor:

Dollar amount proposed of this proposed subcontract: This sub-contractor is:

1. Minority-owned UBE

2. Women-Owned UBE

3. Not a UBE

Add additional sheets as necessary.

This form is used only if the conditions descried in the instructions are present.

14 Form E-107 QUESTIONNAIRE ON BIDDER’S GOOD-FAITH EFFORTS

Name of Bidder:

If you find it helpful, feel free to attach pages to explain your answers. How many pages is your Firm attaching to this questionnaire? ______(Don’t count the 2 pages of this questionnaire.)

If a yes or no answer is not appropriate, please explain the facts. All of the answers to these questions relate only to the time before your firm submitted its bid or proposal to the City. In other words, actions that your firm took after it submitted the bid or proposal to the City cannot be mentioned or used in any answers.

1. SOLICITING UBEs. (a) Did your firm solicit, through all reasonable and available means, the interest of all UBEs (that is, in the list provided by the City) in the scopes of work of the contract? yes no

(b) In such soliciting, did your firm advertise? yes no Are you attaching copies to this questionnaire, indicating the dates and names of newspaper or other publication for each ad if that information is not already on the ads? yes no

(c) In such soliciting, did your firm send written (including electronic) notices or letters? Are you attaching one or more sample notices or letters? yes no

(d) Did your firm attend the pre-bid conference? yes no

(e) Did your firm provide interested UBEs with timely, adequate information about the plans, specifications, and requirements of the contract? yes no

(f) Did your firm follow up with UBEs that showed interest? yes no

(g) With reference to the UBEs that your firm notified of the type of work to be subcontracted -- Did your firm tell them?

(i) the specific work your firm was considering for subcontracting? yes no (ii) that their interest in the contract is being solicited? yes no (iii) how to obtain and inspect the applicable plans and specifications and descriptions of items to be purchased? yes no

2. BREAKING DOWN THE WORK.

(a) Did your firm select portions of the work to be performed by UBEs in order to increase the likelihood that the goals would be reached? yes no

(b) If yes, please describe the portions selected. ANSWER:

3. NEGOTIATION. In your answers to 3, you may omit information regarding UBEs for which you are providing Form E-105.

(a) What are the names, addresses, and telephone numbers of UBEs that you contacted? ANSWER:

(b) Describe the information that you provided to the UBEs regarding the plans and specifications for the work selected for potential subcontracting. ANSWER:

4. ASSISTANCE TO UBEs ON BONDING, CREDIT, AND INSURANCE.

(a) Did your firm or the City require any subcontractors to have bonds, lines of credit, or insurance? yes no (Note: In most projects, the City has no such requirement for subcontractors.)

(b) If the answer to (a) is yes, did your firm make efforts to assist UBEs to obtain bonds, lines of credit, or insurance? yes no If yes, describe your firm’s efforts. ANSWER:

(c) Did your firm provide alternatives to bonding or insurance for potential subcontractors? yes no If yes, describe. ANSWER:

5. GOODS AND SERVICES. What efforts did your firm make to help interested UBEs to obtain goods or services relevant to the proposed subcontracting work? ANSWER:

6. USING OTHER SERVICES.

(a) Did your firm use the services of the City to help solicit UBEs for the work? yes no Please explain. ANSWER:

(b) Did your firm use the services of available minority/women community organizations, minority and women contractors' groups, government-sponsored minority/women business assistance agencies, and other appropriate organizations to help solicit UBEs for the work? yes no Please explain. ANSWER:

CONSTRUCTION PROJECT MANUAL STATEMENT It is the policy of the City to provide equal opportunities for City contracting to underutilized businesses owned by minorities and women doing business in the City’s Contracting Marketplace. It is further the policy of the City to prohibit discrimination against any firm in pursuit of these opportunities, to conduct its contracting activities so as to prevent such discrimination, to correct the present effects of past discrimination and to resolve complaints of discrimination. This policy applies to construction contracting. The City’s Department of Equity & Inclusion has reviewed this proposed project and established Underutilized Business Enterprise (UBE) participation goals: Minority Business Enterprise (MUBE) and Woman Business Enterprise (WUBE). A listing of firms from the HUB database is included in this project manual. Bidders may also use firms currently certified as MUBES and WUBES by N.C. D.O.T. and the SBA 8(a) Program to meet the participation requirements.

1. The bids will be evaluated and the contract awarded in accordance with statutory public contract requirements and as supplemented by the City of Durham’s Equal Business Opportunity Program Construction Forms included with this bid. The following forms are mandatory and must be filled out and returned with the bid proposal.

A. Bid Forms B. Non-Collusion Affidavit C. Bidder Safety Evaluation Questionnaire D. *** BID BOND IF applicable**** E. Equal Business Opportunity Program Construction Forms 1. Forms E-101(UBE Participation On Base Bid) and/or E-102 (UBE Participation On Bid Alternate) 2. Form E-104 Employee Breakdown

Any bids submitted without these completed forms may be deemed as “non-responsive”. If there are any questions or problems in filling out the UBE forms, please contact:

City of Durham Equity & Inclusion Department (919) 560-4180 September 11, 2020

Memo To: Jina Propst, Director General Services

From: Deborah Giles, Director Department of Equity & Inclusion

Subject: UBE Goals: Pineywood Athletic Court Renovation

The Equity & Inclusion Department reviewed the specifications submitted for the above- referenced project to determine appropriate UBE participation goals.

MUBE Participation Goal

Based on the specifications outlined for this project, the MUBE participation goal should be 11%.

WUBE Participation Goal

Based on the specifications outlined for this project, the WUBE participation goal should be 7%. cc: Lesa Rikard UBE Listing Pineywood Athletic Court Renovation

Company Name Contact Name Address City, State Zip Phone Email Hub Construction Certification License/Limitation A+ TREE AND CRANE Ellis, Kenneth P.O. Box 10486 Raleigh, NC 27605 919-868-1193 [email protected] B SERVICES, INC. Abbott's Excavation Company, Renn, Lori 774 Cheatham Mabry Henderson, NC 27536 252-767-4949 [email protected] W General Trades/Sub Inc. Road Contractor ABTAK OF DURHAM INC BROWN, ELI 11 LOGGING TRAIL DURHAM,, NC 27707 919-259-0091 [email protected] B General Contractor 71930 None;General Trades/Sub Contractor 71930

Adequate One Trucking, Inc. Dunn-El, Edward 2522 S Wilmington St Raleigh, NC 27603 919-278-0140 [email protected] B Alston Grading & Hauling LLC Hope-Alston, Jennifer 3206 Lawndale Dr J Greensboro, NC 27408 336-587-3119 [email protected] B

ARW Concrete Burns, Wendy 120 Salem Towne Ct Apex, NC 27502 919-267-5124 [email protected] W General Trades/Sub Contractor Austin Trucking LLC Austin, Jacob 355 Athletic Club Blvd Clayton, NC 27527 919-200-1600 [email protected] HA General Trades/Sub Contractor B and B Triangle Lawncare Bond, Andre P.O. Box 25006 Durham, NC 27702 919-423-1417 [email protected] B General Trades/Sub Contractor 1842 Bailey Contracting, Inc Dockery, Kimberly PO Box 1225 Cary, NC 27512 919-469-9929 [email protected] B Batista Grading, Inc. Batista, Connie 829 Creekside Dr Clayton, NC 27520 919-553-2750 [email protected] HA General Contractor 51729 None;General Trades/Sub Contractor 51729

Blakeney INC LLC Blakeney, Antwon 2 bruin ct greensboro, NC 27405 704-202-2870 [email protected] B General Contractor Limited;General Trades/Sub Contractor Bowden Electrical Inc Bowden, Bobby 3 Cliffview Court McLeansville, NC 27301 336-987-9059 [email protected] B Electrical Contractor 28348U ;General Trades/Sub Contractor u28348 BREEDLOVE ELECTRIC, INC. Breedlove, Tommy Post Office Box 649 Henderson, NC 27537 252-438-3421 [email protected] AA Electrical Contractor 16871

BullCarrier Trucking LLC Machado, Yosbany 1809 Heisser LN Fuquay Varina, NC 27526 919-896-5420 [email protected] HA General Contractor None;General Trades/Sub Contractor CALLIS CONTRACTORS, INC. Callis, Jesse 1306 Broad Street Durham, NC 27705-3533 919-416-6191 [email protected] B General Contractor 59167 None;General Trades/Sub Contractor Canady's Landscape & Erosion Canady, Stefanie 256 Fairview Acres Lexington, NC 27295-8284 336-236-1182 [email protected] W General Trades/Sub Control Road Contractor NCLCLB 1183 CAROLINA ENVIRONMENTAL Cheatham, Joanne 150 PINE RIDGE MOUNT AIRY, NC 27030 336-320-3849 [email protected] W General Trades/Sub CONTRACTING, INC. ROAD Contractor 61078

Carolina Greenscapes Smith, Kim 112 Sundial Drive Lexington, NC 27295 336-345-1298 [email protected] W General Trades/Sub Landscaping Contractor 0506 Concrete Solutions by Jimmy Hickman, James PO box 65 doral dr tobaccoville, NC 27050 336-782-1968 [email protected] B General Trades/Sub Hickman and Contractor Cooper Electrical Construction Brown, Beverly 1706 E Wendover Greensboro, NC 27405 336-275-8439 [email protected] W Electrical Contractor 00080-U Company Avenue ;Engineering Service Cortez LLC Heck, Marinette 3426 Balfour East Durham, NC 27713 919-248-4444 [email protected] B General Contractor None;General Trades/Sub Contractor Covenant Trucking Company Jones, Joe P.O. Box 1000 Youngsville, NC 27596 919-562-0124 [email protected] B Inc CPH Concrete, LLC Koscica, Ashley 3716 Conquest Drive Garner, NC 27529 919-779-9988 [email protected] HA General Trades/Sub Contractor

1 UBE Listing Pineywood Athletic Court Renovation

Cruz Concrete Experts NC, Ceja, Alicia P.O. Box 1303 Graham, NC 27253 336-736-0650 [email protected] HA General Trades/Sub LLC. Contractor Danco Electrical, Inc. Dodrill, Missy 890 Park Avenue Youngsville, NC 27596 919-562-3191 [email protected] W Electrical Contractor 24384-U

Davis Site Services, LLC Davis, Allyson PO Box 37364 Raleigh, NC 27627 919-520-1696 [email protected] W General Trades/Sub Contractor NCLC #1064 DEMOLITION & ASBESTOS Rhodes, Elaine 4716 Hilltop Road Greensboro, NC 27407 336-510-1132 [email protected] W REMOVAL Elite Cut & Mulch Lawn Care Carrington, Tammy 229 Raleigh Street Holly Springs, NC 27540 919-946-2321 [email protected] B Services Elrod Electrical Service Bowman, Christina 4237 Wayne Road Greensboro, NC 27407 336-852-7776 [email protected] W Electrical Contractor 10280U ;Engineering Service Erich Brueckmann Electrical Brueckmann, Erich 225 Covenant Rock Holly Springs, NC 27540 919-323-2272 [email protected] W Electrical Contractor 28051 Contracting Lane F&F Asphalt &Paving Perry, Eva 6409 Fayetteville Rd Durham, NC 27713 919-291-4234 [email protected] B General Trades/Sub Contractor f-t trucking llc oduyoye, carole 6034 old orchard rd kernersville, NC 27284 336-310-3788 [email protected] B General Trades/Sub Contractor Franco Masonry Concrete INC Romero, Franco 4700 Forestville rd Raleigh, NC 27616 919-255-0331 [email protected] HA General Trades/Sub Contractor Fred Adams Paving Co., Inc. Adams, Fred P.O. Box 227 Morrisville, NC 27560 919-468-9101 [email protected] W General Trades/Sub Contractor groundbreaking construction legette, marcus 3803 east geer st durham, NC 27704 919-908-4615 [email protected] B Architectural Service ;General Trades/Sub Contractor Harris Concrete and harris, sean 1931 allyson ave greensboro, NC 27405 336-362-3178 [email protected] B General Trades/Sub Construction, Inc Contractor Hinton Concrete, LLC Hinton, Walter 2430 Baileyscrossroad Coats, NC 27521 919-868-2962 [email protected] B General Trades/Sub Rd Contractor Honducom Concrete, Inc. Suazo, Ramon P.O. Box 14968 Raleigh, NC 27620 919-662-0388 [email protected] HA General Trades/Sub Contractor IQ Contracting, LLC Nunez, Robert 632 Pershing Road Raleigh, NC 27608 919-832-5111 [email protected] HA General Contractor 60795 Unlimited;General Trades/Sub Contractor JC Electric Inc. Coates, Christine 4900 Hillsborough Durham, NC 27705 919-309-9000 [email protected] W Electrical Contractor U.17202 Road jessie lane's landscaping & Friddle, Jessica PO Box 225 Summerfield, NC 27358 336-643-4948 [email protected] W trucking inc JJ&W Trucking, Inc Wilkins, Warren 3 Mayflower Court Durham, NC 27703 919-491-9412 [email protected] B General Trades/Sub Contractor KH Electrical LLC Hill, Kevin 6111 Flower Hill Rd Kenly, NC 27542 919-437-4956 [email protected] W Electrical Contractor 19808l KHG Hauling, LLC Deans, Rashawn 2415 Lambton Wood Apex, NC 27539 919-589-3348 [email protected] B General Trades/Sub Dr Contractor Kimberly Siran Wicker, Kimberly 537 E. Martin Street Raleigh, NC 27601 919-539-0012 [email protected] W Architectural Service ;Engineering Service KJW Investments, LLC DBA: White, Kristin 79 Ellen Circle Clayton, NC 27527 480-980-6832 [email protected] W General Trades/Sub DSR Trucking Contractor KSM Hauling LLC Mack, Wesley 502 Hatch St Burlington, NC 27217 336-212-9502 [email protected] B General Trades/Sub Contractor KWB Grading, LLC Graves, Alissa 1721 West Old Phillips Pinnacle, NC 27043 336-757-2370 [email protected] W Rd Lacayo Concrete Flatwork, Inc Lacayo, Ernest 5798 Mt Harmony Rougemont, NC 27572 336-364-2252 [email protected] HA Church Road Lamar E Williams DBA KRW Williams, Lamar 349 E Montcastle Dr Greensboro, NC 27406 336-358-7398 [email protected] B General Contractor Hauling, LLC Unit B None;General Trades/Sub Contractor Landco Landscaping Services, Diaz, Catherine 2407 Trawick Road Raleigh, NC 27604 919-307-7777 [email protected] W LLC

2 UBE Listing Pineywood Athletic Court Renovation

Lanier construction & Electrical Lanier, Andrew 3308 Barwell Rd Raleigh, NC 27610 919-422-9531 [email protected] B Electrical Contractor 15125-l ;General Contractor Limited LEWIS ELECTRIC OF Wilson II, Larry PO BOX 545 OXFORD, NC 27565 919-693-6615 [email protected] W Electrical Contractor 3066u OXFORD INC Lineberger's Tree Service, Inc Lineberger, Beverly 5404 Penny Road Raleigh, NC 27606 919-834-0055 [email protected] W

LMJ Pavement Marking,LLC Calton, Kristin 76 oak Fern lane Willow Spring, NC 27592 910-322-6749 [email protected] W General Trades/Sub Contractor Long Brothers of Summerfield, Brewer, Wendi PO Box 11625 Winston-Salem, NC 27116 336-642-1089 [email protected] W General Contractor 63874 Intermediate Loye Grading & Tree Service,In Loye, Pamela 1580 U.S. 29 Business Reidsville, NC 27320 336-349-4431 [email protected] W General Contractor None;General Trades/Sub Contractor MAI Trucking LLC Baker, Brandi 1250 Revolution Mill Greensboro, NC 27405 336-944-1785 [email protected] B Dr Mainline Trucking LLC Leach, Vivian 502 Washington St Clayton, NC 27520 919-235-2588 [email protected] B Mark Hall Electric, Inc. dba Hall, Robin Post Office Box 218 Alamance, NC 27201 336-570-0158 [email protected] W Electrical Contractor 14746 Aspire Elec Mil-San Concrete Services Inc. Rodriguez, Maria 7401 Townsend Brown Summit, NC 27214 336-456-9017 [email protected] HA Teresa Forest Cove Moss Electric Moss, Herbert 101 seymour Creek dr. Cary, NC 27519 716-208-4570 [email protected] B Electrical Contractor 29072-U

MV Electric LLC Via, Sheri 297 Yardarm Court Stokesdale, NC 27357 336-420-3196 [email protected] W Electrical Contractor 04364-U

New Shine Concrete Felisberto, Rigelma 5004 Glen Creek Trail Garner, NC 27529 919-772-5127 [email protected] HA General Trades/Sub Contractor 96637 NICHOLS & SON ELECTRIC nichols, Kevin 5103 hadrian drive DURHAM, NC 27703 919-740-3458 [email protected] B General Trades/Sub INC. Contractor NORTH STATE WESTMORELAND, 2889 LOWERY ST. WINSTON SALEM, NC 27101 336-725-2010 [email protected] W General Contractor 49529 ENVIRONMENTAL, INC. STEPHANIE Unlimited OcoroEnterprises Ocoro, Gustavo 800 Taylor St Durham, NC 27701 919-923-9324 [email protected] HA P&S Grading LLC Bolick, Karen 4211 Belvoir Drive Greensboro, NC 27406 336-601-4557 [email protected] W General Contractor 70444 Unlimited PACIFIC TRUCKING njoku, chukwuemeka 100 E SIX FORKS RALEIGH, NC 27609 919-559-6252 [email protected] B General Trades/Sub ROAD Contractor PEARCE'S GRADING & PEARCE, TONYA 549 STONE LOUISBURG, NC 27549 919-497-5025 [email protected] W LANDSCAPING,LLC SOUTHERLAND ROAD Piedmont Fence Inc. West, Carrie 163 South Village Winston-Salem, NC 27127 336-764-1163 [email protected] W General Contractor 66169 Drive Limited;General Trades/Sub Contractor PowerMaster Electric, Inc Farthing, Hal 7621 Purfoy Road Fuquay Varina, NC 27526 919-557-4477 [email protected] W Electrical Contractor 13673-U

Puryear Enterprises LLC Ciafardini, Traci P.O. Box 80244 Raleigh, NC 27623 919-749-7955 [email protected] W General Trades/Sub Contractor RALEIGH CONCRETE, LLC PLACENCIA 95 bluff st RALEIGH, NC 27603 919-291-3637 [email protected] SANCHEZ, JOSE RBS Grading & Excavating, Jones, Richard 4206 Holder Rd. Durham, NC 27703 919-596-5669 [email protected] AI General Contractor 38638 INC. Unlimited;General Trades/Sub Contractor ;Plumbing/Fire Sprinkler Systems Contractor 17166 RDU Paving Inc. Lundholm, Jeanette 5415 Fayetteville Raleigh, NC 27603 919-329-7300 [email protected] W General Contractor 62537 Road Unlimited;General Trades/Sub Contractor 62537 redstreeservice Price, Yan 23715 NC HWY 902 Bennett, NC 27208-9184 336-581-4241 [email protected] AA

3 UBE Listing Pineywood Athletic Court Renovation

Roadrunner Concrete LLC Vasquez, Ossiris 5223 LLOYD HILL LN GRAHAM, NC 27253 336-675-6238 [email protected] HA General Trades/Sub Contractor RTP Electrical Services, LLC Pineiro, Lisa 2402-A Reichard Durham, NC 27705 919-321-8617 [email protected] HA Electrical Contractor 14080-U Street Rumburg Grading Inc. Rumburg, David PO Box 9 Walkertown, NC 27051 336-595-8830 [email protected] W General Contractor 70763 Limited sass seeding llc smith, anna 1390 gumtree rd. winston-salem, NC 27107 336-764-2319 [email protected] W Seagroves Electrical Service, Seagroves, Thurman 8517 Applecross Apex, NC 27539 919-772-7124 [email protected] D Electrical Contractor 11000-U Inc Circle Southern Garden, Inc Lichtenstein, Russell P. O. Box 808, Apex, Cary, NC 27519 919-362-1050 [email protected] W General Trades/Sub NC 27502 Contractor Landsca #CL0740 Stewart Hauling and Backhoe Stewart, Wilmoth 5760 Brinkley Road Belews Creek, NC 27009 336-595-2601 [email protected] W General Trades/Sub Inc. Contractor Stewart's Grading & Hauling, Stewart, Amber 3420 NC 8 & 65 HWY Germanton, NC 27019 336-536-1047 [email protected] W Inc Sunshine Tree & Fence, Inc. Griffin, Charlotte 145 Kenilworth Ave High Point, NC 27620 336-817-5248 [email protected] W General Contractor None;General Trades/Sub Contractor Sure Power Electric Jenkins, Justin 7810 Grand Lillie Dr Durham, NC 27712 919-452-2370 [email protected] B Architectural Service ;Electrical Contractor 25418-U ;Engineering Service ;General Contractor Limited SVG Concrete Services Inc. VERASTEGUI, PO BOX 4308 CARY, NC 27519 919-567-0044 [email protected] HA General Trades/Sub SERGIO Contractor TH Electrical Services, Inc. Harper, Carl 117 Heather Drive Garner, NC 27529 919-606-3644 [email protected] B Electrical Contractor 26617-i TNS TRUCKING, INC. GREEN, SHANNON 601 Wilkins Rd Butner, NC 27509 919-529-2343 [email protected] W Trident Electrical, Inc. Franklin, Annette 11517 Jordanus Drive Raleigh, NC 27617 919-427-6541 [email protected] W Electrical Contractor 24592/U

TrueLight Electric LLC DERAVIL, DARREN 39 Beacon Way Garner, NC 27529 813-454-2009 [email protected] B Electrical Contractor L.33279 ;Engineering Service Vanhook Trucking Inc. Vanhook, Joe 5202 Old Greensboro Chapel Hill, NC 27516 919-933-4971 [email protected] B Road W W Trucking & Demolition Williams, Broderick 3221 Carver School Winston-Salem, NC 27105 336-462-7696 [email protected] B General Trades/Sub Serv RD. Contractor Wilde Concrete, LLC Wilde, Keith 2306 Farmgate Road Brown Summit, NC 27214 336-554-0650 [email protected] W Architectural Service ;Engineering Service ;General Trades/Sub Contractor YADKIN VALLEY PAVING, Ferguson, Gina 121 Cloverleaf Drive Winston Salem, NC 27103 336-765-7900 [email protected] W General Contractor 41878 INC. None

4 IInsurance Requirements Piney Wood Athletic Court Renovation

Insurance Requirements Contractor agrees to maintain, on a primary basis and at is sole expense, at all times during the life of this Contract the following applicable coverage’s and limits. The requirements contained herein, as well as City’s review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract.

Commercial General Liability – Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Automobile Liability – Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned and Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on a City of Durham site. Umbrella or Excess Liability – Contractor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability, however, the Annual Aggregate limits shall not be less than the highest ‘Each Occurrence’ limit for required policies. Contractor agrees to endorse City of Durham as an ‘Additional Insured’ on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a ‘Follow-Form’ basis. Worker’s Compensation & Employers Liability – Contractor agrees to maintain Worker’s Compensation Insurance in accordance with North Carolina General Statute Chapter 97 and with Employer Liability limits of no less than $1,000,000 each accident, each employee and policy limit. This policy must include a Waiver of Subrogation. Professional Liability- Contractor agrees to maintain Professional Liability Insurance with limits no less than $1,000,000, covering claims arising out of professional architect, engineers and surveyors services performed in connection with this contract. Environmental/Pollution- Contractor agrees to maintain Environmental/Pollution Liability Insurance with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate, covering claims arising out of the use or application of chemicals/herbicides as well as the negligent release of hazardous materials. Coverage may also be satisfied by endorsement to the Commercial General Liability policy with minimum limits of $1,000,000/$2,000,000. Additional Insured – Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability. The Additional Insured shall read ‘City of Durham as its interest may appear’.

INSURANCE REQUIREMENTS Piney Wood Athletic Court Renovation

Certificate of Insurance – Contractor agrees to provide City of Durham a Certificate of Insurance evidencing that all coverage’s, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by Contractor’s insurer. If Contractor receives a nonrenewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City within five (5) business days with a copy of the nonrenewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder address should read: City of Durham Attn: (Insert Name of Department maintaining the Contract) 101 City Hall Plaza Durham, NC 27701

All insurance companies must be authorized to do business in North Carolina and be acceptable to the City of Durham’s Risk Manager.

END OF INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS PERFORMANCE BOND AND PAYMENT BOND

Date of Contract:

Contract Name and Number:

Name of Principal (Name of Contractor):

The Principal is organized and existing under the laws of the following State:

Name of Surety:

Name, address, and telephone number of Surety’s N. C. Resident Agent:

Amount of Performance Bond (in words and figures):

dollars ($ )

Bond number:

Date of Execution of these Bonds:

Contracting Body: CITY OF DURHAM, a North Carolina municipal corporation. Amount of Payment Bond: same dollar amount as the dollar amount of the Performance Bond. * * * * * * * * * * * * * * * * * * * KNOW ALL PERSONS BY THESE PRESENTS, That we, the PRINCIPAL AND SURETY above named, are held and firmly bound unto the above named Contracting Body, hereinafter called the Contracting Body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract with the Contracting Body, numbered as shown above and hereto attached: NOW THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the Contracting Body, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue. As used hereinabove, “modifications” shall include, without limitation, changes (including, without limitation, changes granting extensions of time) and additions to or with respect to the work, scope of work, and specifications. The undertakings, covenants, terms, conditions, and agreements of said contract shall include, without limitation, the Principal’s obligations, if any, with respect to damages for delay, to indemnify, and to provide warranties.

Performance Bond and Payment Bond RNW:GBSB8/05 * * * * * * * * * * * * * * * * * * * KNOW ALL PERSONS BY THESE PRESENTS, That we, the PRINCIPAL AND SURETY above named, are held and firmly bound unto the above named Contracting Body, hereinafter called the Contracting Body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract with the Contracting Body, numbered as shown above and hereto attached: NOW THEREFORE, if the Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue. As used hereinabove, “modifications” shall include, without limitation, changes (including, without limitation, changes granting extensions of time) and additions to or with respect to the work, scope of work, and specifications. * * * * * * * * * * * * * * * * * * The Performance Bond and the Payment Bond are being combined here only for purposes of convenience in signing and acknowledging, and the obligations of the Principal and of the Surety are the same as if the bonds were on separate documents. Each bond is in the dollar amount stated above, and the amounts of these bonds are not combined. The Surety agrees that both of these bonds are fully binding on it whether or not the Principal executes these bonds. These bonds are given pursuant to Article 3 of Chapter 44A of the N. C. General Statutes. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument (for both the Performance Bond and the Payment Bond) under their several seals on the date of execution indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

______(name of Principal) ------[Execution by Principal when the Principal is a corporation]

By:______Title of officer: ______(Affix Principal’s corporate seal.)

------

[Execution by Principal when the Principal is a limited liability company]

By: ______Manager of Principal ------

[Surety’s execution] ______(name of Surety)

______(signature of attorney in fact) (Affix Surety’s corporate seal.) ACKNOWLEDGMENT OF CONTRACTOR’S EXECUTION OF CONTRACT AND PERFORMANCE BOND AND PAYMENT BOND

[Acknowledgment when the Contractor (the Principal) is a corporation]

State of ______County of ______

I, a notary public in and for the aforesaid county and state, certify that ______personally appeared before me this day and stated that he or she is

(strike through the inapplicable:) chairperson/ president/ chief executive officer/ vice-president/ assistant vice-president/ treasurer/ chief financial officer of ______, a corporation, and that by authority duly given and as the act of the corporation, he or she signed the foregoing contract with the City of Durham and Performance Bond and Payment Bond with respect to the contract and the corporate seal was affixed to said instrument(s). This the ______day of ______, 20______.

My commission expires: ______Notary Public

[Acknowledgment when the Contractor (the Principal) is a limited liability company]

State of ______County of ______

I, ______, a notary public for said county and state, certify that ______(1) appeared before me this day, (2) stated that he or she is a manager of ______, a limited liability company, (3) acknowledged that the foregoing contract with the City of Durham and the Performance Bond and Payment Bond with respect to the contract carry on the company's business in the usual way, and (4) acknowledged the due execution of the contract and the Performance Bond and Payment Bond on behalf of the company.

This the ______day of ______, 20______.

My commission expires: ______Notary Public

ACKNOWLEDGMENT OF SURETY’S EXECUTION OF PERFORMANCE BOND AND PAYMENT BOND

State of ______County of ______

I, a notary public in and for the aforesaid county and state, certify that ______personally appeared before me this day and stated that he or she is Attorney in Fact for ______, the Surety named in the foregoing Performance Bond and Payment Bond, in both of which bonds the contracting body is the City of Durham, and that he or she executed said bonds, under the seal of the Surety, on behalf of the Surety.

This the ______day of ______, 20______.

My commission expires: ______Notary Public

COVID-19 CONTRACTOR 2021 GUIDANCE

COVID‐19 GUIDELINES FOR CONTRACTORS

 Contractors are required to submit a COVID‐19 Work Plan as part of their bid or prior to starting work inside City facilities or at outside worksites.  The COVID‐19 Work Plan must address the following safety precautions: o Practice 6ft social distancing protocols at all City jobsites as well as inside City facilities. o Require sick employees to stay home or go home if they start to feel ill while on the job. o Promote frequent hand washing. o Ensure frequent re‐supply of soap and running water at all jobsites. o Maintain Safety Data Sheets on all disinfectants used on site. o All PPE must be selected based upon the hazard to the employee. o Employees must wear a face covering while inside City facilities. Use of Gaiters and Bandannas are prohibited. o Provide employees with up to date education and training on coronavirus risk factors and protective behaviors. o Develop a wellness screening procedure to address an employee becoming ill while at work or notifying the employer they are ill while not at work.  The COVID‐19 Work Plan must be reviewed and approved by the City’s Risk Manager prior to the start of new projects, existing projects as well as all other service related work requiring access to City facilities.

PROJECT MANAGERS

 Provide prospective bidders, current contractors and vendors with the COVID‐19 GUIDELINES outlined above.  Monitor contractor adherence to the COVID‐19 Guidelines by conducting periodic site visits.  Non‐compliance with the City’s COVID‐19 Guidelines will be addressed with the contractors Crew Chief.  Non‐compliance matters will be shared with the Risk Manager.

WELLNESS SCREENINGS ‐ CONTRACTORS

 Prior to entering any City facility to perform work, contractors will ensure their employees have not been exposed to/tested positive for COVID‐19, nor are exhibiting symptoms of COVID‐19.

WELLNESS SCREENINGS – EXISTING VENDORS

 Vendors will ensure their employees have not been exposed to/tested positive for COVID‐19, nor are exhibiting symptoms of COVID‐19.  Vendors entering a City facility will be required to wear a face covering.  Vendors will adhere to social distancing protocols while inside City facilities.  Vendors will utilize appropriate PPE based on work hazards presented.

CONFIRMED POSITIVE TEST

 Contractor/Vendors notified of a positive test for any employee working in a City facility or worksite must immediately contact the City Project Manager overseeing the project.

 Project managers will notify the City Risk Manager immediately upon notification of a positive test.  Contractor/Vendor employees who have tested positive for COVID‐19 or been in close contact with the confirmed positive employee, will not be allowed back onto a City worksite or inside a City facility until that employee(s) has quarantined/self‐isolated in accordance with CDC and local health department guidance.

Date: April 30, 2020

To: General Services Department Construction Contractors From: Jina B. Propst – Director, General Services Department Subject: COVID-19 Guidance for City of Durham Construction Contracts Administered by the General Services Department

This memorandum provides guidance related to the COVID-19 pandemic to contractors engaged by the City of Durham’s General Services Department. This guidance is required due to the State of North Carolina, Durham County, and City of Durham orders issued related to the COVID-19 pandemic. These orders apply to all construction sites within the City of Durham including those administered by the General Services Department. This guidance may be updated as the City, County, and State orders are updated or rescinded.

The City of Durham will require each contractor to implement a COVID-19 Exposure Prevention, Preparedness, and Response Plan for Construction (“COVID-19 PLAN”) and to educate their employees on the details of the plan prior to commencing work at any construction job site. References to industry organizations who have developed draft plans are included with this memorandum.

City of Durham inspectors and staff will be visiting construction job sites as normal. City inspectors will be observing overall safety practices including COVID-19 precautions, and may request to see a copy of the contractor’s COVID-19 PLAN. City inspectors witnessing unsafe practices related to COVID-19 may contact the Durham County Health Department, (919) 635-8150, to confirm that work is being performed in compliance with the City, County, and State orders. A stop work order may be issued if the Health Department finds the work is not being performed in compliance with the applicable COVID-19 orders.

If you have questions or concerns related to this guidance please contact the Department staff listed below.  Henri Prosperi, Division Manager GSD Project Management. [email protected]

References: 1. Association of General Contractors of America: https://www.agc.org/coronavirus 2. Occupational Safety and Health Administration: https://www.osha.gov/SLTC/covid-19/ 3. Laborers’ Health & Safety Fund of North America: https://www.lhsfna.org/index.cfm/recommended-covid-19-response-plan-for-construction- employers/ 4. National Association of Home Builders: https://www.nahb.org/Advocacy/Industry- Issues/Emergency-Preparedness-and-Response/Coronavirus-Preparedness/Protect-Your- Business/Construction-Jobsite-Safety-Recommendations 5. City of Durham COVID-19 Updates & Resources: https://durhamnc.gov/4013 6. Durham County Health Department COVID-19 Updates & Resources: https://www.dcopublichealth.org/services/communicable-diseases/communicable- diseases/coronavirus-disease-2020 7. North Carolina COVID-19 Executive Orders: https://www.nc.gov/covid-19/covid-19-executive- orders COVID‐19 GUIDELINES FOR CONTRACTORS

PROJECT MANAGERS

WELLNESS SCREENINGS ‐ CONTRACTORS

 Prior to entering any City facility to perform work, contractors will ensure their employees have not been exposed to/tested positive for COVID‐19, nor are exhibiting symptoms of COVID‐19.

WELLNESS SCREENINGS – EXISTING VENDORS

CONFIRMED POSITIVE TEST

 Contractor/Vendors notified of a positive test for any employee working in a City facility or worksite must immediately contact the City Project Manager overseeing the project.

COVID‐19 GUIDELINES FOR CONTRACTORS

 Contractors are required to submit a COVID‐19 Work Plan as part of their bid or prior to starting work inside City facilities or at outside worksites.  The COVID‐19 Work Plan must address the following safety precautions: o Practice 6ft social distancing protocols at all City jobsites as well as inside City facilities. o Prohibit large work groups of 10 or more employees. o Require sick employees to stay home or go home if they start to feel ill while on the job. o Promote frequent hand washing. o Ensure frequent re‐supply of soap and running water at all jobsites. o Maintain Safety Data Sheets on all disinfectants used on site. o All PPE must be selected based upon the hazard to the employee. o Employees must wear a face covering while performing work inside City facilities. o Provide employees with up to date education and training on coronavirus risk factors and protective behaviors. o Develop a wellness screening procedure to address an employee becoming ill while at work or notifying the employer they are ill while not at work.  The COVID‐19 Work Plan must be reviewed and approved by the City’s Risk Manager prior to the start of new projects, existing projects as well as all other service related work requiring access to City facilities.

PROJECT MANAGERS

WELLNESS SCREENINGS‐CONTRACTORS

 Prior to entering any City facility to perform work, contractors will ensure their employees have completed a daily wellness screening in accordance with City of Durham stay at home orders and CDC guidelines  Project Manager will confirm completion of wellness screening with vendor representative daily prior to starting work.

WELLNESS SCREENINGS‐EXISTING VENDORS

 Vendors will ensure their employees complete daily wellness screening in accordance with City of Durham stay at home orders and CDC guidelines.  Vendors entering a City facility will be required to wear a face covering.  Vendors will adhere to social distancing protocols while inside City facilities.  Vendors will utilize appropriate PPE based on work hazards presented.

2 COVID-19 Guidance for the Construction Workforce OSHA is committed to protecting the health and safety of America’s workers and workplaces during these unprecedented times. The agency will be issuing a series of industry-specific alerts designed to keep workers safe.

When working in the construction industry, the following tips can help reduce the risk of exposure to the coronavirus:

 Encourage workers to stay home if they are sick.  Allow workers to wear masks over their nose and mouth to prevent them from spreading the virus.  Continue to use other normal control measures, including personal protective equipment (PPE), necessary to protect workers from other job hazards associated with construction activities.  Advise workers to avoid physical contact with others and direct employees/contractors/visitors to increase personal space to at least six feet, where possible. Where work trailers are used, all workers should maintain social distancing while inside the trailers.  Train workers how to properly put on, use/wear, and take off protective clothing and equipment.  Encourage respiratory etiquette, including covering coughs and sneezes.  Promote personal hygiene. If workers do not have immediate access to soap and water for handwashing, provide alcohol-based hand rubs containing at least 60 percent alcohol.  Use Environmental Protection Agency-approved cleaning chemicals from List N or that have label claims against the coronavirus.  To the extent tools or equipment must be shared, provide and instruct workers to use alcohol- based wipes to clean tools before and after use. When cleaning tools and equipment, workers should consult manufacturer recommendations for proper cleaning techniques and restrictions.  Keep in-person meetings (including toolbox talks and safety meetings) as short as possible, limit the number of workers in attendance, and use social distancing practices.  Clean and disinfect portable jobsite toilets regularly. Hand sanitizer dispensers should be filled regularly. Frequently-touched items (i.e., door pulls and toilet seats) should be disinfected.  Encourage workers to report any safety and health concerns.

For more information, visit www.osha.gov/coronavirus or call 1-800-321-OSHA (6742).

OSHA issues alerts to draw attention to worker safety and health issues and solutions. 04 2020 -

• osha.gov/coronavirus • 1-800-321-OSHA (6742) • @OSHA_DOL 4000 OSHA OSHA Cherie Berry, Commissioner of Labor Occupational Safety and Health Division 1-800-625-2267 www.labor.nc.gov 1101 Mail Service Center, Raleigh, NC 27699-1101 Dealing With COVID-19 In Construction For the construction companies still at work, there are steps employers Employer Actions and workers can take to help stem the spread of coronavirus and keep workers safe and healthy. • Require that sick workers stay at home or go home if they start to feel/look ill. Prevent Worker Exposure to Coronavirus • Require handwashing just prior to eating food, drink, or using tobacco products. As of this date, coronavirus is believed to spread from person to person, primarily through respiratory droplets produced when an • Promote frequent hand washing by setting up multiple locations. infected person coughs or sneezes. The virus is also believed to • Ensure frequent re-supply of soap and running water on all spread by people touching surfaces or objects and then touching jobsites. one’s mouth, nose, or possibly eyes. • Implement regular cleaning at the site, particularly in common The N.C. Department of Labor, Occupational Safety and Health areas and touch points including: (OSH) Division does not currently require employers to have a written coronavirus disease prevention plan. OSH does require all • Taps and washing facilities. employers to make their employees aware of the hazards associated • with coronavirus and to provide prevention training as needed. • Door handles and push plates. Ideas for Social Distancing (more than • Handrails on staircases and corridors. feet) on Construction Sites • Lift and hoist controls. • Stagger trades work and work shifts. • Machinery and equipment controls. • Limit work to tasks that are strictly necessary with the goal of • Food preparation and eating surfaces. maintaining distance. • Telephone equipment. • Being closer than feet momentarily is considered safe. • • Employers may need to schedule multiple smaller meetings • Maintain Safety Data Sheets (SDS) of all disinfectants on site. for crews, including safety meetings, trainings and rest/lunch • Make sure written accident prevention programs, safety and location. health plans, and policies are communicated to employees and are easily accessible. • Hold meetings outdoors if possible. • All types of personal protective equipment (PPE) must be • Prohibit large gatherings (currently no more than 10 people) on selected based upon the hazard to the worker. the jobsite. • Provide workers with up to date education and training on • Establish a social distance monitor similar to a safety coronavirus risk factors and protective behaviors (e.g., cough monitor but person whose job it is to reinforce the foot etiquette and care of PPE). distance. • Develop a procedure if a worker becomes ill while at work or if • Ensure supervisors model ideal behavior. • Use stairs instead of lifts or hoists when possible. work. • One person in an elevator at a time. • Develop a procedure to discover if a worker is ill. Provide

continued on page 2

HA2200 Employee Actions How can I get help from the N.C. • Don’t go to work if you are feeling sick. Department of Labor? • Wash hands just prior to consumption of food, water, and The N.C. Department of Labor’s Occupational Safety and Health tobacco. Division provides consultations, training, and technical assistance at no cost to employers. • Don’t shake hands or bump elbows with others. The OSH Complaint Desk should be contacted via telephone at • Cover your mouth and nose with tissues if you cough or 919-779-8560 and/or submit an online complaint if employees sneeze, or cough/sneeze into your elbow. are exposed to serious hazards in their workplace associated with • Avoid touching your eyes, nose or mouth COVID-19 that their employers do not address. • Wash your hands often with soap and water for at least 20 The Training Calendar provides currently scheduled webinars. seconds. You may also request online training by going to our Outreach Request Form. • CDC. Questions regarding occupational safety and health can be submitted to the Standards Section of the Education, Training and • Don’t share tools (including phones, desks, etc.) or PPE. Technical Assistance Bureau at [email protected] or speak to • Don’t share food with others on the jobsite until further notice. • Wear appropriate PPE for jobsite hazards. This document was created in March 2020 and may be subject to change. Respirator Conservation Centers for Disease Control The Centers for Disease Control currently does not recommend Coronavirus Webpage healthy people wear respirators or facemasks for protection from - coronavirus other than in healthcare settings. Facts About COVID 19 COVID-19 Posters (Multiple Languages) OSH is aware that there is currently a shortage of N95 disposable respirators on the open market. Disposable half-face respirators are COVID-19 Videos (Handwashing) widely used in many industries when employers must provide a COVID-19 Podcasts minimum level of respiratory protection. The respiratory protection standard, , still applies even though there may be a N.C. Department of Health and Human Services must Get the Facts: FAQs continue to provide and direct employees to wear respirators if required by the work. If respirators cannot be obtained, delaying the Executive Orders Related to COVID-19 Issued by Gov. work until the appropriate type of respirator can be obtained and Cooper provided to employees is one option. In some circumstances using better controls, local exhaust ventilation, or dust suppression (such N.C. Department of Labor as wet methods) may reduce or eliminate the need for respirators. An Coronavirus Safety and Health Topic Webpage N95 is the minimal level of respiratory protection. Especially when employees already have other respirators assigned for work, any other Federal Occupational Safety and Health particulate respirator will be as protective. When giving a worker new Guidance on Preparing Workplaces for COVID-19 (English) (Spanish) wear the new respirator. Coronavirus Safety and Health Topic Webpage Employers should check CDC recommendations frequently and update their job hazard analyses and safety plans accordingly.

All materials, photographs, graphics and illustrations created by the N.C. Department of Labor may be used for educational and training purposes as long as reference to NCDOL is provided. Any use of materials for commercial purposes is hereby prohibited.

HA2200 Contractor Workforce Diversity Questionnaire

A diverse workforce refers to the similarities and differences among employees in terms of age, cultural background, physical abilities and disabilities, race, religion, gender, and sexual orientation. A diverse workforce results in greater productivity, engagement and innovation among the employees of a business. The workforce of the City of Durham is diverse and directly benefits from diversity in hiring practices of the contractors that do business in the City of Durham. The City of Durham is committed to the promotion of a diverse workforce within its own workforce and the workforce of contractors that perform work for, or deliver goods or services to, the City.

The information requested in this questionnaire is intended to encourage the candidate, which is defined as the person, firm or corporation interested in contracting with the City, to engage in diverse workforce hiring practices as in the best interest of the City and the greater Durham community. The following questions focus on your efforts to recruit and maintain a diverse workforce and to provide your business with resources and recommendations on how to create and maintain a diverse workforce.

1. Do the management and professional positions within your business include women and minorities? ______Yes ______No

If yes, please provide number(s) and positions:

Number of Women ______Position title: ______

Number of Minorities ______Position title: ______

2. Please respond to the following efforts you make to create and maintain a more diverse workforce:

(a) When you recruit for employees, do you only recruit by word‐of‐mouth?

______Yes ______No

[Note: Reliance on word‐of‐mouth recruiting alone is unlikely to result in a diverse workforce.] REQUEST FOR APPROVAL OF SUBSTITUTION

This form must be included as part of the bid Package where substitution has been requested. In Order for a substitution to be considered in the bid, all supporting information and specifications on the subject materials must be presented to the owner no later than ten (10) days prior to the bid opening and approved. Said approval will require an addendum to the bid being transmitted to all other bidders prior to the bid. Any substitution, which adds to the cost of the project budget, will be borne by the contractor requesting the substitution.

Original Item and Specification Substitute Item and Specifications:

______

Requested by:______Date:______

Approved by:______Date:______

Disapproved by:______Date:______

REQUEST FOR APPROVAL OF SUBSTITUTION ® AIA Document A201® – 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) «Pineywood Athletic Courts Renovation» «400 E Woodcroft Pkwy, Durham, NC 27713 » ADDITIONS AND DELETIONS: The author of this document THE OWNER: has added information (Name, legal status and address) needed for its completion. City of Durham The author may also have revised the text of the General Services Department original AIA standard form. 101 City Hall Plaza An Additions and Deletions Durham, NC 27701 Report that notes added information as well as revisions to the standard THE ARCHITECT: form text is available from (Name, legal status and address) the author and should be « »« » reviewed. « » This document has important legal consequences. Consultation with an TABLE OF ARTICLES attorney is encouraged with respect to its completion 1 GENERAL PROVISIONS or modification.

2 OWNER

3 CONTRACTOR

4 ARCHITECT

5 SUBCONTRACTORS

6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

7 CHANGES IN THE WORK

8 TIME

9 PAYMENTS AND COMPLETION

10 PROTECTION OF PERSONS AND PROPERTY

11 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK

13 MISCELLANEOUS PROVISIONS ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is 14 TERMINATION OR SUSPENSION OF THE CONTRACT prohibited and constitutes a violation of copyright laws 15 CLAIMS AND DISPUTES as set forth in the footer of this document.

INDEX Architect’s Additional Services and Expenses (Topics and numbers in bold are section headings.) 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Acceptance of Nonconforming Work Architect’s Approvals 9.6.6, 9.9.3, 12.3 2.4.1, 3.1.3, 3.5, 3.10.2, 4.2.7 Acceptance of Work Architect’s Authority to Reject Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 3.5, 4.2.6, 12.1.2, 12.2.1 Access to Work Architect’s Copyright 3.16, 6.2.1, 12.1 1.1.7, 1.5 Accident Prevention Architect’s Decisions 10 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, Acts and Omissions 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 13.5.2, 15.2, 15.3 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Architect’s Inspections Addenda 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 1.1.1, 3.11.1 Architect’s Instructions Additional Costs, Claims for 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Architect’s Interpretations Additional Inspections and Testing 4.2.11, 4.2.12 9.4.2, 9.8.3, 12.2.1, 13.5 Architect’s Project Representative Additional Insured 4.2.10 11.1.4 Architect’s Relationship with Contractor Additional Time, Claims for 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, Administration of the Contract 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 3.1.3, 4.2, 9.4, 9.5 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, Advertisement or Invitation to Bid 15.2 1.1.1 Architect’s Relationship with Subcontractors Aesthetic Effect 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 4.2.13 Architect’s Representations Allowances 9.4.2, 9.5.1, 9.10.1 3.8, 7.3.8 Architect’s Site Visits All-risk Insurance 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 11.3.1, 11.3.1.1 Asbestos Applications for Payment 10.3.1 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, Attorneys’ Fees 11.1.3 3.18.1, 9.10.2, 10.3.3 Approvals Award of Separate Contracts 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 6.1.1, 6.1.2 4.2.7, 9.3.2, 13.5.1 Award of Subcontracts and Other Contracts for Arbitration Portions of the Work 8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 5.2 ARCHITECT Basic Definitions 4 1.1 Architect, Definition of Bidding Requirements 4.1.1 1.1.1, 5.2.1, 11.4.1 Architect, Extent of Authority Binding Dispute Resolution 2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.7, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 15.3.2, 15.4.1 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Boiler and Machinery Insurance Architect, Limitations of Authority and 11.3.2 Responsibility Bonds, Lien 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 7.3.7.4, 9.10.2, 9.10.3 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, Bonds, Performance, and Payment 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4

Building Permit Completion, Substantial 3.7.1 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, Capitalization 12.2, 13.7 1.3 Compliance with Laws Certificate of Substantial Completion 1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.8.3, 9.8.4, 9.8.5 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, Certificates for Payment 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, Concealed or Unknown Conditions 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 3.7.4, 4.2.8, 8.3.1, 10.3 Certificates of Inspection, Testing or Approval Conditions of the Contract 13.5.4 1.1.1, 6.1.1, 6.1.4 Certificates of Insurance Consent, Written 9.10.2, 11.1.3 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, Change Orders 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, Consolidation or Joinder 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 15.4.4 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, CONSTRUCTION BY OWNER OR BY 12.1.2, 15.1.3 SEPARATE CONTRACTORS Change Orders, Definition of 1.1.4, 6 7.2.1 Construction Change Directive, Definition of CHANGES IN THE WORK 7.3.1 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, Construction Change Directives 11.3.9 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, Claims, Definition of 9.3.1.1 15.1.1 Construction Schedules, Contractor’s CLAIMS AND DISPUTES 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Contingent Assignment of Subcontracts Claims and Timely Assertion of Claims 5.4, 14.2.2.2 15.4.1 Continuing Contract Performance Claims for Additional Cost 15.1.3 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Contract, Definition of Claims for Additional Time 1.1.2 3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 CONTRACT, TERMINATION OR Concealed or Unknown Conditions, Claims for SUSPENSION OF THE 3.7.4 5.4.1.1, 11.3.9, 14 Claims for Damages Contract Administration 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 3.1.3, 4, 9.4, 9.5 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Contract Award and Execution, Conditions Relating Claims Subject to Arbitration to 15.3.1, 15.4.1 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Cleaning Up Contract Documents, Copies Furnished and Use of 3.15, 6.3 1.5.2, 2.2.5, 5.3 Commencement of the Work, Conditions Relating to Contract Documents, Definition of 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 1.1.1 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, Contract Sum 15.1.4 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, Commencement of the Work, Definition of 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 8.1.2 15.2.5 Communications Facilitating Contract Contract Sum, Definition of Administration 9.1 3.9.1, 4.2.4 Contract Time Completion, Conditions Relating to 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 9.10, 12.2, 13.7, 14.1.2 15.1.5.1, 15.2.5 COMPLETION, PAYMENTS AND Contract Time, Definition of 9 8.1.1

AIA Document A201® – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:11:21 3 ET on 07/10/2020 under Order No.0750618556 which expires on 03/13/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected]. User Notes: (1987732593) CONTRACTOR Costs 3 2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, Contractor, Definition of 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 3.1, 6.1.2 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Contractor’s Construction Schedules Cutting and Patching 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 3.14, 6.2.5 Contractor’s Employees Damage to Construction of Owner or Separate 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, Contractors 11.1.1, 11.3.7, 14.1, 14.2.1.1 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, Contractor’s Liability Insurance 12.2.4 11.1 Damage to the Work Contractor’s Relationship with Separate Contractors 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4 and Owner’s Forces Damages, Claims for 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, Contractor’s Relationship with Subcontractors 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, Damages for Delay 11.3.1.2, 11.3.7, 11.3.8 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Contractor’s Relationship with the Architect Date of Commencement of the Work, Definition of 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 8.1.2 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, Date of Substantial Completion, Definition of 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 8.1.3 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Day, Definition of Contractor’s Representations 8.1.4 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Decisions of the Architect Contractor’s Responsibility for Those Performing the 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, Work 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Contractor’s Review of Contract Documents Decisions to Withhold Certification 3.2 9.4.1, 9.5, 9.7, 14.1.1.3 Contractor’s Right to Stop the Work Defective or Nonconforming Work, Acceptance, 9.7 Rejection and Correction of Contractor’s Right to Terminate the Contract 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 14.1, 15.1.6 9.9.3, 9.10.4, 12.2.1 Contractor’s Submittals Definitions 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Contractor’s Superintendent Delays and Extensions of Time 3.9, 10.2.6 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, Contractor’s Supervision and Construction 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Procedures Disputes 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 6.3, 7.3.9, 15.1, 15.2 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Documents and Samples at the Site Contractual Liability Insurance 3.11 11.1.1.8, 11.2 Drawings, Definition of Coordination and Correlation 1.1.5 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Drawings and Specifications, Use and Ownership of Copies Furnished of Drawings and Specifications 3.11 1.5, 2.2.5, 3.11 Effective Date of Insurance Copyrights 8.2.2, 11.1.2 1.5, 3.17 Emergencies Correction of Work 10.4, 14.1.1.2, 15.1.4 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Employees, Contractor’s Correlation and Intent of the Contract Documents 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 1.2 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Cost, Definition of 7.3.7

Equipment, Labor, Materials or Design Documents, Definition of 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 1.1.7 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, Insurance 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Execution and Progress of the Work Insurance, Boiler and Machinery 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 11.3.2 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, Insurance, Contractor’s Liability 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 11.1 Extensions of Time Insurance, Effective Date of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 8.2.2, 11.1.2 10.4.1, 14.3, 15.1.5, 15.2.5 Insurance, Loss of Use Failure of Payment 11.3.3 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Insurance, Owner’s Liability Faulty Work 11.2 (See Defective or Nonconforming Work) Insurance, Property Final Completion and Final Payment 10.2.5, 11.3 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, Insurance, Stored Materials 12.3.1, 14.2.4, 14.4.3 9.3.2 Financial Arrangements, Owner’s INSURANCE AND BONDS 2.2.1, 13.2.2, 14.1.1.4 11 Fire and Extended Coverage Insurance Insurance Companies, Consent to Partial Occupancy 11.3.1.1 9.9.1 GENERAL PROVISIONS Intent of the Contract Documents 1 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Governing Law Interest 13.1 13.6 Guarantees (See Warranty) Interpretation Hazardous Materials 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 10.2.4, 10.3 Interpretations, Written Identification of Subcontractors and Suppliers 4.2.11, 4.2.12, 15.1.4 5.2.1 Judgment on Final Award Indemnification 15.4.2 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, Labor and Materials, Equipment 11.3.7 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, Information and Services Required of the Owner 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, Labor Disputes 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 8.3.1 Initial Decision Laws and Regulations 15.2 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9.1, Initial Decision Maker, Definition of 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 1.1.8 13.6.1, 14, 15.2.8, 15.4 Initial Decision Maker, Decisions Liens 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Initial Decision Maker, Extent of Authority Limitations, Statutes of 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 12.2.5, 13.7, 15.4.1.1 15.2.5 Limitations of Liability Injury or Damage to Person or Property 2.3.1, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 10.2.8, 10.4.1 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, Inspections 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, Limitations of Time 9.9.2, 9.10.1, 12.2.1, 13.5 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, Instructions to Bidders 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 1.1.1 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, Instructions to the Contractor 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Loss of Use Insurance 11.3.3

Material Suppliers Owner, Information and Services Required of the 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, Materials, Hazardous 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 10.2.4, 10.3 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Materials, Labor, Equipment and Owner’s Authority 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 14.2.1.2 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, Means, Methods, Techniques, Sequences and 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Procedures of Construction Owner’s Financial Capability 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 2.2.1, 13.2.2, 14.1.1.4 Mechanic’s Lien Owner’s Liability Insurance 2.1.2, 15.2.8 11.2 Mediation Owner’s Relationship with Subcontractors 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 15.4.1 Owner’s Right to Carry Out the Work Minor Changes in the Work 2.4, 14.2.2 1.1.1, 3.12.8, 4.2.8, 7.1, 7.4 Owner’s Right to Clean Up MISCELLANEOUS PROVISIONS 6.3 13 Owner’s Right to Perform Construction and to Modifications, Definition of Award Separate Contracts 1.1.1 6.1 Modifications to the Contract Owner’s Right to Stop the Work 1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 2.3 10.3.2, 11.3.1 Owner’s Right to Suspend the Work Mutual Responsibility 14.3 6.2 Owner’s Right to Terminate the Contract Nonconforming Work, Acceptance of 14.2 9.6.6, 9.9.3, 12.3 Ownership and Use of Drawings, Specifications Nonconforming Work, Rejection and Correction of and Other Design Documents 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17, 9.10.4, 12.2.1 4.2.12, 5.3.1 Notice Partial Occupancy or Use 2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.6.6, 9.9, 11.3.1.5 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, Patching, Cutting and 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 3.14, 6.2.5 Notice, Written Patents 2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 3.17 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, Payment, Applications for 15.2.8, 15.4.1 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, Notice of Claims 14.2.3, 14.2.4, 14.4.3 3.7.4, 10.2.8, 15.1.2, 15.4 Payment, Certificates for Notice of Testing and Inspections 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 13.5.1, 13.5.2 9.10.3, 13.7, 14.1.1.3, 14.2.4 Observations, Contractor’s Payment, Failure of 3.2, 3.7.4 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Occupancy Payment, Final 2.2.2, 9.6.6, 9.8, 11.3.1.5 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3.1, Orders, Written 13.7, 14.2.4, 14.4.3 1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, Payment Bond, Performance Bond and 13.5.2, 14.3.1 7.3.7.4, 9.6.7, 9.10.3, 11.4 OWNER Payments, Progress 2 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Owner, Definition of PAYMENTS AND COMPLETION 2.1.1 9

Payments to Subcontractors Rights and Remedies 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, PCB 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 10.3.1 13.4, 14, 15.4 Performance Bond and Payment Bond Royalties, Patents and Copyrights 7.3.7.4, 9.6.7, 9.10.3, 11.4 3.17 Permits, Fees, Notices and Compliance with Laws Rules and Notices for Arbitration 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 15.4.1 PERSONS AND PROPERTY, PROTECTION Safety of Persons and Property OF 10.2, 10.4 10 Safety Precautions and Programs Polychlorinated Biphenyl 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4 10.3.1 Samples, Definition of Product Data, Definition of 3.12.3 3.12.2 Samples, Shop Drawings, Product Data and Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 3.11, 3.12, 4.2.7 Samples at the Site, Documents and Progress and Completion 3.11 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Schedule of Values Progress Payments 9.2, 9.3.1 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Schedules, Construction Project, Definition of 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 1.1.4 Separate Contracts and Contractors Project Representatives 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 4.2.10 Shop Drawings, Definition of Property Insurance 3.12.1 10.2.5, 11.3 Shop Drawings, Product Data and Samples PROTECTION OF PERSONS AND PROPERTY 3.11, 3.12, 4.2.7 10 Site, Use of Regulations and Laws 3.13, 6.1.1, 6.2.1 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, Site Inspections 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 15.2.8, 15.4 Site Visits, Architect’s Rejection of Work 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 3.5, 4.2.6, 12.2.1 Special Inspections and Testing Releases and Waivers of Liens 4.2.6, 12.2.1, 13.5 9.10.2 Specifications, Definition of Representations 1.1.6 3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, Specifications 9.8.2, 9.10.1 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Representatives Statute of Limitations 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 13.7, 15.4.1.1 5.1.2, 13.2.1 Stopping the Work Responsibility for Those Performing the Work 2.3, 9.7, 10.3, 14.1 3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Stored Materials Retainage 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Subcontractor, Definition of Review of Contract Documents and Field 5.1.1 Conditions by Contractor SUBCONTRACTORS 3.2, 3.12.7, 6.1.3 5 Review of Contractor’s Submittals by Owner and Subcontractors, Work by Architect 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 9.6.7 Review of Shop Drawings, Product Data and Subcontractual Relations Samples by Contractor 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 3.12

Submittals Tests and Inspections 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5 Submittal Schedule TIME 3.10.2, 3.12.5, 4.2.7 8 Subrogation, Waivers of Time, Delays and Extensions of 6.1.1, 11.3.7 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, Substantial Completion 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, Time Limits 12.2, 13.7 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, Substantial Completion, Definition of 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.8.1 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, Substitution of Subcontractors 13.7, 14, 15.1.2, 15.4 5.2.3, 5.2.4 Time Limits on Claims Substitution of Architect 3.7.4, 10.2.8, 13.7, 15.1.2 4.1.3 Title to Work Substitutions of Materials 9.3.2, 9.3.3 3.4.2, 3.5, 7.3.8 Transmission of Data in Digital Form Sub-subcontractor, Definition of 1.6 5.1.2 UNCOVERING AND CORRECTION OF Subsurface Conditions WORK 3.7.4 12 Successors and Assigns Uncovering of Work 13.2 12.1 Superintendent Unforeseen Conditions, Concealed or Unknown 3.9, 10.2.6 3.7.4, 8.3.1, 10.3 Supervision and Construction Procedures Unit Prices 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.3.3.2, 7.3.4 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Use of Documents Surety 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Use of Site Surety, Consent of 3.13, 6.1.1, 6.2.1 9.10.2, 9.10.3 Values, Schedule of Surveys 9.2, 9.3.1 2.2.3 Waiver of Claims by the Architect Suspension by the Owner for Convenience 13.4.2 14.3 Waiver of Claims by the Contractor Suspension of the Work 9.10.5, 13.4.2, 15.1.6 5.4.2, 14.3 Waiver of Claims by the Owner Suspension or Termination of the Contract 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 5.4.1.1, 14 Waiver of Consequential Damages Taxes 14.2.4, 15.1.6 3.6, 3.8.2.1, 7.3.7.4 Waiver of Liens Termination by the Contractor 9.10.2, 9.10.4 14.1, 15.1.6 Waivers of Subrogation Termination by the Owner for Cause 6.1.1, 11.3.7 5.4.1.1, 14.2, 15.1.6 Warranty Termination by the Owner for Convenience 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 14.4 Weather Delays Termination of the Architect 15.1.5.2 4.1.3 Work, Definition of Termination of the Contractor 1.1.3 14.2.2 Written Consent TERMINATION OR SUSPENSION OF THE 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, CONTRACT 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 14 Written Interpretations 4.2.11, 4.2.12

Written Notice Written Orders 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.1.2 15.4.1

§ 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Owner and a Subcontractor or a Sub- subcontractor, or (2) between any persons or entities other than the Owner and the Contractor. Except as provided by the preceding sentences or by Paragraphs 5.3 and 5.4, the Contract is not intended to benefit, or to create a cause of action in favor of, any person, firm, or corporation, other than the Owner, the City of Durham, and the Contractor. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

§ 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors.

§ 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

§ 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

§ 1.1.7 DESIGN DOCUMENTS Design Documents are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the designers under their respective employment or professional services agreements. Design Documents may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials.

§ 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Contract to render initial decisions on Claims in accordance with Section 15.2.

§ 1.1.9 APPROVED, SATISFACTORY, PROPER OR AS DIRECTED When the words "approved," "satisfactory," "proper" or ’as directed’ are used, this refers to approval, satisfaction, determination, or direction by the Owner, unless the context otherwise requires.

§ 1.1.10 PROVIDE The word "provide" and its forms and derivatives means to properly fabricate, complete, transport. deliver, install, erect, construct, test, and furnish all labor, materials, equipment, apparatus, appurtenances, and all items and expenses necessary to properly complete in place, ready for operation or use under the terms of the Specifications.

§1.1.12 PERSISTENTLY FAILS The expression "persistently fails" and other similar expressions, as used in reference to the Contractor, shall mean any act or omission which causes the Owner to reasonably conclude that the Contractor will not complete the Work within the Contract Time, for the Contract Sum, or in substantial compliance with the requirements of the Contract Documents.

§ 1.1.13 SUBSTANTIAL COMPLETION "Substantial Completion" means that stage of completion of the Project Work as defined in § 9.8 of these General Conditions, including testing, approval by any applicable regulatory authority, and receipt of all the certificates of occupancy and other permits, approvals, licenses, and other documents from all governmental authorities that are necessary for the beneficial occupancy and use of the portion to be occupied or utilized such that the Work and the Project are functionally and legally usable by Owner for the purpose for which they are intended.

§ 1.1.14 FINAL COMPLETION "Final Completion" means the completion of all Work required by, and in strict compliance with, the Contract Documents, including start up, testing, obtaining regulatory approvals from all applicable authorities, and all preparations necessary to operate and maintain the Project.

§ 1.1.15 SITE The term "Site" or "Project site" refers to that portion of the property on which the Work is to be performed or which has been otherwise designated for use by the Contractor.

§ 1.1.16 Punch List The term "Punch List" means, collectively, unfinished items of the construction of the Project, which unfinished items of construction are minor or insubstantial details of construction, mechanical adjustment or decoration remaining to be performed, the non-completion of which would not materially affect the use of the Project, and which are capable of being completed within (30) days of Substantial Completion, subject to the availability of special order parts or materials.

§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. In the event of inconsistencies within or between parts of the Contract Documents, or between the Contract Documents and applicable standards, codes, and ordinances, the Contractor shall (i) provide the better quality or greater quantity of Work, or (ii) comply with the more stringent requirement; either or both in accordance with the Owner’s interpretation. The terms and conditions of this Section 1.2.1, however, shall not relieve the Contractor of any of the obligations set forth in Sections 3.2 and 3.7. § 1.2.1.1 Interpreting Drawings On the Drawings, given dimensions shall take precedence over scaled measurements and large scale drawings over small scale drawings.

§ 1.2.1.2 Contractor to Verify Measurements Before ordering any materials or doing any Work, the Contractor shall verify measurements at the Site and shall be responsible for the correctness of such measurements. No extra charge or compensation will be allowed on account of differences between actual dimensions and the dimensions indicated on the Drawings. Any difference which may be found shall be submitted to the Owner for resolution before proceeding with the Work.

§ 1.2.1.3 Minor Changes to be Approved If a minor change in the Work is found necessary due to actual field conditions, the Contractor shall submit drawings of such departure for the approval by the Owner before making the change.

§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. Instructions and other information furnished in the Specifications, including, without limitation, items in connection with prefabricated or pre-finished items, are not intended to supersede work agreements between employers and employees. Should the Specifications conflict with such work agreements, the work agreements shall be followed, provided such items are provided and finished as specified. If necessary, such Work shall be performed on the Project site instead of at the shop, by appropriate labor and in accordance with the requirements of the Drawings and Specifications.

§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

§ 1.2.3.1 (Compliance with Standards and Specifications) Whenever a product is specified in accordance with a Federal Specification, an ASTM Standard, an American National Standards Institute Specifications, or other Association Standard, the Contractor shall present an affidavit from the manufacturer when requested by the Owner or required in the Specifications, certifying the product complies with the particular Standard or Specification. When requested by the Owner or specified, support test data shall be submitted to substantiate compliance.

§ 1.2.3.2 (Or Equals) Whenever a product is specified or shown by describing proprietary items, model numbers, catalog numbers, manufacturer, trade names, or similar reference, no substitutions may be made unless accepted prior to execution of the Contract or if accepted as a Change in the Work in accordance with Section 3.4.2. Where two or more products are shown or specified, the Contractor has the option to use either of those shown or specified.

§ 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects.

§ 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

§ 1.4.1 PRONOUNS, TITLES, "INCLUDE" AND ITS DERIVATIVES Unless the context otherwise requires, all personal pronouns used in the Contract Documents shall include all other genders, and the singular shall include the plural and vice versa. Titles and headings of articles, paragraphs, subparagraphs, sections, subsections, parts, subparts, etc., in the Contract Documents are for convenience only, and neither limit nor amplify the provisions. The use in the Agreement, General Conditions, and Supplementary Conditions of "include" in its various forms and derivatives shall mean "without limitation" unless the context otherwise requires."

§ 1.4.2 SEVERING INVALID PROVISIONS Whenever possible, each provision of the Contract Documents shall be interpreted in a manner as to be effective and valid under applicable law. If, however, any provision of the Contract Documents is determined by a court of competent jurisdiction to be invalid or unenforceable, only such provision shall be ineffective, without invalidating the remaining provisions, which are hereby deemed severable.

§ 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER DESIGN DOCUMENTS § 1.5.1 [Intentionally omitted]

§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Design Documents provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Design Documents. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Design

Documents on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner.

§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Design Documents or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents.

ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. The term "Owner" refers to the City of Durham. The City Manager is the only individual authorized to act on the Owner’s behalf under or in connection with the Contract, unless the City Manager designates a new representative in writing. The authority of the City Manager and designated representative(s), if any, includes stoppage of Work under Section 2.3 and executing any Modifications.

§ 2.1.2 The Owner upon reasonable written request made from time to time shall furnish to the Contractor in writing a statement setting forth, to the extent of the Owner’s knowledge, the record legal title to the property on which the Project is located, and the Owner’s interest therein.

§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 [INTENTIONALLY OMITTED]

§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for development of real estate, use or occupancy of permanent structures or for permanent changes in existing facilities.

§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the Site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work.

§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness after receipt of a written request from the Contractor to avoid delay in the orderly progress of Work. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services.

§ 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.

§ 2.2.6 The Owner’s provision of information and services described herein is neither intended nor does it create any warranties, either express or implied nor does the provision of information in any way relieve the Contractor from its obligations to examine the Contract documents and otherwise investigate the Project site and the Contract requirements.

§ 2.3 OWNER’S RIGHT TO STOP THE WORK § 2.3.1 Unless If the Contractor fails to promptly correct Work that Is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or fails to carry out Work in accordance with, or otherwise fails to comply with, the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the

Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.

§ 2.3.2 The Owner, with or without cause, and in the sole and absolute discretion, may order the Contractor at any time, to stop the work upon written notice, signed by the Owner or by an agent specifically empowered by the Owner, subject to the provisions contained in Section 14.3 of these General Conditions.

§ 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects of fails to continuously and diligently carry out the Work in accordance with the Contract Documents or in accordance with the Project schedule, and fails within a seven-day period after receipt of written notice from the Owner, or such shorter time as may be reasonable under the circumstances, to commence and continue correction of such default, failure or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies (either with the Owner’s own forces or by hiring another contractor to perform the Work that the Contractor is failing or neglecting to carry out). In such case an appropriate Modification shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure and reasonable attorneys’ fees . If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative.

§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.

§ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Owner in the Owner’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.

§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the Site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Prior to execution of the Agreement, the Contractor and each Subcontractor have evaluated and satisfied themselves as to the conditions and limitations under which the Work is to be performed, including (1) the location, condition, layout, and nature of the Site and surrounding areas, (2) generally prevailing climatic conditions, (3) anticipated labor supply and costs, (4) availability and cost of materials, tools, and equipment, and (5) other similar issues. The Owner assumes no responsibility or liability for the physical condition or safety of the Project site or any improvements located on the Project site. Except as set forth in Section 10.3, the Contractor, and not the Owner, shall be responsible for providing a safe place for the performance of the Work. The Owner shall not be required to make any adjustment in either the Contract Sum or Contract Time in connection with any failure by the Contractor to comply with the requirements of this Section 3.2.1.

§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the design information contained in the Contract Documents; however, the Contractor shall promptly report to the Owner any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Owner may require.

It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents.

§ 3.2.2.1 (Exactness not guaranteed) The exactness of grades, elevations, dimensions, or locations given on any Drawings issued by the Owner, or the work installed by other contractors, is not guaranteed by the Owner.

§ 3.2.2.2 (Contractor to verify) The Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions, and locations. In all cases of interconnection of the Work to be done by the Contractor with the rest of the Project, it shall verify at the Site all dimensions needed to make proper interconnections. The Contractor shall promptly rectify all errors due to its failure to so verify all such grades, elevations, locations, or dimensions, without any additional cost to the Owner.

§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Owner may require.

§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Owner issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities.

§ 3.2.5 (Sufficiency of Contract Documents) The Contractor acknowledges: (1) the Contract Documents are sufficient to determine the cost of the Work; (2) it has had sufficient opportunity to visit the Site and to examine all conditions affecting the Work; (3) it has had a sufficient opportunity to examine the Contract Documents for errors, inconsistencies, and omissions; and (4) the Contract Documents are complete and unambiguous.

§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and shall not proceed with that portion of the Work without further written instructions from the Owner which are acceptable to the Contractor. The contractor acknowledges and agrees that neither the Owner nor any consultant hired by the Owner, are under any obligation to inspect the Work or discover defects or deficiencies in the Work. The inspection, observation or acceptance of the Work by the Owner or any consultants retained by Owner shall not in any way constitute an acceptance of defective or improper Work (unless specifically so stated by the Owner in writing) and shall not make the Owner or such consultants responsible for means, methods, sequences or techniques used to perform the Work, which items shall remain the sole responsibility of the Contractor. Similarly, the failure of the Owner or any such consultants to discover or give notice of any defects, deficiencies or other problems in the Work shall not constitute a waiver or acceptance thereof and shall not in any way affect, or reduce the Contractor’s responsibilities to perform the Work consistent with the terms of the Contract Documents. Except as may be otherwise provide by Section 3.7, the Contractor shall carry out and perform all Work under the Contract Documents in compliance with all applicable laws, statutes, codes, rules, and regulations.

§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees. Sub-subcontractors, and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors.

§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work.

§ 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

§ 3.4.2 Except in the case of minor changes in the Work authorized by the Owner in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Owner and in accordance with a Change Order or Construction Change Directive. If the Contractor desires to submit an alternate product or method in lieu of what has been specified or shown in the Contract Documents, the submittal must comply with Section § 1.2.3.2 and the following provisions apply:

§ 3.4.2.1 The Contractor must submit to the Owner (i) a full explanation of the proposed substitution and submittal of all supporting data, including technical information, catalog cuts, warranties, test results, installation instructions, operating procedures, and other like information necessary for a complete evaluation of the substitution; (ii) a written explanation of the reasons the substitution is advantageous and necessary, including the benefits to the Owner and the Work in the event the substitution is acceptable; (iii) the adjustment, if any, in the Contract Sum, in the event the substitution is acceptable; (iv) the adjustment, if any, in the time of completion of the Contract and the Construction schedule in the event the substation is acceptable; and (v) an affidavit stating that (a) the proposed substitution conforms to and meets all requirements of the pertinent Specifications and the requirements shown on the Drawings, and (b) the Contractor accepts the warranty and correction obligations in connection with the proposed substitution as if originally specified by the Owner. Proposals for substitutions shall be submitted in triplicate to the Owner in sufficient time to allow the Owner no less then ten (10) working days for review. No substitutions will be considered or allowed without the Contractor’s submittal of complete substantiating data and information as stated hereinabove;

§ 3.4.2.2 Substitutions and alternates may be rejected without explanation and will be considered only under one or more of the of the following conditions: (i) the proposal is required for compliance with interpretation of code requirements or insurance regulations then existing; (ii) specified products are unavailable through no fault of the Contractor; (iii) subsequent information discloses the inability of specified products to perform properly or to fit in the designated space; (iv) the manufacturer/fabricator refuses to certify or guaranteed the performance of the specified product as required; and, (v) when in the judgment of the Owner, a substitution would be substantially in the Owner’s best interest, in terms of cost, time, or other considerations; and,

§ 3.4.2.3 Whether or not any proposed substitution is accepted by the Owner, the Contractor shall reimburse the Owner for any fees charged by the Owner’s consultants for evaluating each proposed substitute.

§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them.

§ 3.5 WARRANTY § 3.5.1 For a period of one year from the date of Substantial Completion, the Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements shall be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, construction or services not performed by the Contractor, or by a Subcontractor or Sub-subcontractor of the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

§ 3.5.2 The Contractor shall perform the Work in such manner so as to preserve all manufacturer’s warranties relating to materials and labor used in the Work. Nothing in the preceding paragraph shall limit the warranty period of any warranty provided by a Subcontractor, Sub-subcontractor, supplier or manufacturer. The Contractor shall take all actions necessary to ensure the Owner’s rights under any such warranties.

§ 3.5.3 The Contractor’s general warranty and any additional or special warranties are not limited by the Contractor’s obligations to specifically correct defective or nonconforming Work as provided in Article 12, or are they limited by any other remedies provided in the Contract Documents. The Contractor shall also be liable for any damage to property or persons (including death) including consequential and direct damages relating to any breach of the Contractor’s general warranty or any additional or special warranties required by the Contract Documents.

§3.5.4 The Contractor shall assign to the Owner at the time of final completion of the Work any and all manufacturer’s warranties relating to materials and labor used in the Work. The Owner may require additional special warranties in connection with the approval of "Or-Equals" or Substitutions, Allowance items, Work that is defective or nonconforming, or the acceptance of nonconforming Work pursuant to Article 12.

§ 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes, including unemployment compensation taxes, for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.

§ 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 The Contractor shall apply, secure, pay for all permits and licenses (including, but not limited to, any grading, demolition and other construction permits, each as applicable) required in connection with performance of the Work, including applying, securing, and paying for all required governmental inspections, testing, approvals required with respect to such permits and licenses and any other governmental fees and licenses. Promptly after obtaining such permit, licenses, certificates, and approvals, the Contractor shall furnish the Owner photocopies of those documents.

§ 3.7.1.1 The other fees or permits the Contractor shall obtain include, but are not limited to, state and local use fees and permits, all utility connection fees, traffic control, sprinkler, erosion control and other fees, licenses and inspections necessary for the proper execution and completion of the Work which are legally required.

§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders and all other requirements of public authorities applicable to performance of the Work.

§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.

§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the Site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner will promptly investigate such conditions and, if the Owner determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Contractor in writing, stating the reasons. If the Contractor disputes the Owner’s determination or recommendation, the Contractor may proceed as provided in Article 15. As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner (including the City of Durham) written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as

provided by in Article 15 shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition.

§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15.

§ 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Cost of the Work all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection.

§ 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the Site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the Site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2.

§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.

§ 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor.

§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner the name and qualifications of a proposed superintendent. The Owner may reply within 14 days to the Contractor in writing stating (1) whether the Owner has reasonable objection to the proposed superintendent or (2) that the Owner requires additional time to review. Failure of the Owner to reply within the 14 day period shall constitute notice of no reasonable objection.

§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed.

§ 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s approval a Contractor’s Construction Schedule ("CPM Schedule") for the Work.. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. The approval of any CPM Schedule by the Owner shall not relieve the Contractor of its sole responsibility to complete the Project within the Contract Time. .1 The CPM Schedule shall be a critical path method ("CPM") schedule created and maintained on an accepted standard computer program. .2 The CPM Schedule to be prepared and submitted to the Owner shall consist of a CPM network (diagram of activities) and a computer-generated print out as specified herein. The format shall be the activity on node precedence network.

.3 The network shall show the order and inter-dependence of activities and the sequence in which the work is to be accomplished. At a minimum the network diagram must demonstrate how the start of a given activity is dependent on the completion of preceding activities and how its completion restricts the start of following activities. .4 The network will separately identify all construction activities with durations in excess of ten (10) days and the submittal and approval of all materials and shop drawings, the procurement of equipment and materials. .5 The CPM schedule shall include tasks and activities that are the responsibility of the Owner. The Contractor shall promptly notify the Owner if a delay in any such task or activity will delay construction. .6 All activities shall be grouped by sub-project. .7 The Contractor shall not use a scheduler without the approval of the Owner. Approval of the scheduler shall not be unreasonably withheld.

§ 3.10.2 The CPM Schedule shall contain milestone or completion dates consistent with the Contract requirements and shall clearly identify the critical path. .1 The milestone and completion dates indicated are considered essential to the timely completion of the Work, the satisfactory performance under this Contract and for the coordination of all Work on the Project. The milestone dates listed are not intended to be a complete listing of all Work under this Contract or of all interfaces with other Project contractors. .2 The milestone dates listed represent the latest allowable completion dates. Earlier milestones completion dates, including the contractual completion date for the Project, may be established by the Contractor in the baseline schedule, but the Owner, the City shall not be liable to the Contractor or any Subcontractors for any costs or other damages should the Contractor or any Subcontractors be unable to complete the Work before such early milestone or completion dates regardless of cause. .3 The duties, obligations and warranties of the Owner to the Contractor shall be consistent with and applicable only to the completion of the Work on the milestone and completion dates required in the Contract Documents, unless such earlier dates are agreed to by Change Order. .4 The Owner shall give the Contractor a written notice to proceed stating the date on which Work is to commence. This notice shall also state the date of substantial completion. The Contractor shall submit a preliminary CPM schedule for inclusion in the Subcontractor bid packages consistent with the timeframes for the Project. .5 Within thirty (30) days of the notice to proceed, the Contractor shall obtain from the Subcontractors their respective Work activities and integrate them into a Project construction schedule. The Contractor shall develop a complete CPM schedule in the form of a CPM network arrow diagram using the Contractor’s logic and time estimates for each segment of the Work and shall be cost loaded, the sum of which totals the Contract Sum and manpower loaded to complete the Work within the scheduled time frames. The scheduling obligation shall include tracking the progress of the Owner’s tasks and activities in relation to the milestone schedule and promptly notifying Owner of any delay that might impact construction. The Contractor shall make recommendations to the Owner, regarding strategies for overcoming any delay in the design of the Project that will affect the construction schedule. The Contractor and the Owner shall prepare, if deemed necessary, a schedule fixing dates upon which foreseeable clarifications will be required. The schedule will be subject to addition or change in accordance with progress of the Work. The Owner shall furnish drawings or clarifications in accordance with that schedule. The Contractor shall not proceed with the Work without such detail drawings and/or written clarifications. .6 The arrow network diagram will be drawn in a level of detail suitable for display of salient features of the Work, including but not limited to the placing of orders for materials, submission of shop drawings for approval, approval of shop drawings by the Owner, delivery of material, and all Work activities including the Punch List agreed to by the Owner. Each Work activity shall be assigned a time estimate by the Contractor. One-day shall be the smallest time unit used. Data shall also be provided in Gantt form. This cost loaded schedule will not be the basis for invoicing, but may be considered by the Owner when evaluating the percentage of Work represented to be complete in each schedule of values. .7 Upon completion of the network diagrams, the Contractor shall have computer input data prepared, and a computer run made to generate a printout for the Project based on the information supplied. In

the event the completion date indicated by the schedule exceeds the substantial completion date, the logic and time estimates used to develop the plan will be reviewed, changes made in the logic and time estimates, and another computer run made to generate a new schedule. This procedure shall be repeated, if necessary, to provide a plan and schedule to meet Owner requirements. All submissions shall be both in hard copy and in electronic format. .8 Within fifteen (15) days of the notice to proceed, the updated CPM schedule shall be submitted to the Owner for review and approval. No application for payment will be processed until the Project CPM schedule is approved by the Owner. This working plan shall show job identification, job duration, manpower loading, cost loading, calendar dates for start and finish of each job, and jobs critical to the completion of the Project on schedule. When approved by the Owner, this information shall become the working plan and schedule for the Project and such information shall be provided to the Contractor for distribution. The Contractor shall distribute to the Subcontractors the approved Project CPM schedule and shall display same at the job site. .9 The Contractor shall review the plan and schedule each week. An updated cost loading Project schedule shall be furnished showing actual completed Work at the end of each month in respect to the entire Project. The form used shall be approved by the Owner and shall be submitted with the monthly invoice. The Contractor shall also develop and submit a Work plan for a two week, thirty day and sixty day look ahead. .10 The Contractor must also submit with each Application for Payment a computer-generated list of all changes to the activities, their duration, and logic from the previous schedule. .11 The Contractor shall provide regular monitoring of the schedule as construction progresses, identify potential variances between scheduled and desired completion dates, review the schedule for Work not started or incomplete, review the status of submittals and delivery of long-lead time deliveries, review the Owner’s occupancy priorities, and take the action necessary to meet the required completion date. The Contractor shall furnish to the Owner various schedules and updates setting forth planned and completed progress of the Project broken down by the various divisions or parts of the Work and by calendar days. The Contractor shall ensure that all schedules are prepared and updated in strict conformance with the Owner’s requirements for formatting of reports for the Owner. The Contractor shall keep the Owner and all Subcontractors fully informed as to all changes and updates to the schedule. The Contractor shall ensure that all schedules are prepared and updated in strict conformance with the Owner’s requirements and for provision of one inclusive schedule incorporating necessary lead times for actions required, by the Owner and regulatory agencies (including the City of Durham), by the Contractor, and by utility companies providing services or locating service lines and facilities, by all Subcontractors, and for significant general conditions’ activities, including but not limited to agenda submittals, permit and approvals applications and review of interim and final plans, specifications and bid packages. .12 The Contractor shall provide regular monitoring of the schedule as construction progresses, identify potential variances between scheduled and desired completion dates, review the schedule for Work not started or incomplete, review the status of submittals and delivery of long-lead time deliveries, review the Owner’s occupancy priorities, and take the action necessary to meet the required completion date. The Contractor shall furnish to the Owner various schedules and updates setting forth planned and completed progress of the Project broken down by the various divisions or parts of the Work and by calendar days. The Contractor shall ensure that all schedules are prepared and updated in strict conformance with the Owner’s requirements for formatting of reports for the Owner. The Contractor shall keep the Owner and all Subcontractors fully informed as to all changes and updates to the schedule. The Contractor shall ensure that all schedules are prepared and updated in strict conformance with the Owner’s requirements and for provision of one inclusive schedule incorporating necessary lead times for actions required, by the Owner and regulatory agencies (including the City of Durham), by the Contractor, and by utility companies providing services or locating service lines and facilities, by all Subcontractors, and for significant general conditions’ activities, including but not limited to agenda submittals, permit and approvals applications and review of interim and final plans, specifications and bid packages. .13 The Contractor shall submit to the Owner a written monthly report of the status of all Work activities. The monthly status report shall show the actual Work completed to date in comparison with the original amount of Work scheduled. If the Work is behind schedule, the Contractor must indicate in writing what measures are being taken to bring the Work back on schedule and ensure that the Contract completion date is not exceeded. If the Work is greater then fourteen (14) days behind

AIA Document A201® – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:11:21 20 ET on 07/10/2020 under Order No.0750618556 which expires on 03/13/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected]. User Notes: (1987732593) schedule, then the Contractor shall prepare and submit to the Owner a recovery schedule for review and approval. .14 The schedule and all updates to the schedule shall represent a practical plan to complete the Work by the date of substantial completion. Extension of any schedule shall not be acceptable. Schedules showing the Work completed in less than the contract time may be acceptable if judged by Owner’s Representative to be practical. However, acceptance of such a schedule shall not change the date of substantial completion or constitute acceleration resulting in any additional costs to the Owner for the Work, general conditions or fees. The date of substantial completion, not the contract schedule, shall control in the determination of liquidated damages payable by Contractor and in the determination of any delay. .15 Owner’s Representative’s acceptance of or its review comments about any schedule or scheduling data shall not relieve Contractor from its sole responsibility to plan for, perform, and complete the Work within the contract time. Acceptance of or review comments about any schedule shall not transfer responsibility for any schedule to the Owner nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. .16 Failure of Owner’s Representative to discover errors or omissions in schedules that it has reviewed, or to inform Contractor that Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the schedule shall not relieve Contractor from its sole responsibility to perform and complete the Work on time and shall not be a cause for an adjustment of the contract time or the Contract Sum. .17 Contractor shall perform the Work in accordance with the current accepted schedule. .18 The Work shall start upon the date given in the notice to proceed issued by the Owner or the date of the Agreement, whichever is later. Separate notices to proceed for Phase 2 and Phase 3 of the Work are not necessary. The Contractor shall complete all the Work necessary, including but not limited to substantial completion, close-out, testing and demonstration of all systems as required for acceptance, punchlists, training and submission of record documents, manuals, guarantees and warranties. .19 Time is of the essence with respect to the Work. By executing the Agreement, the Contractor confirms and agrees that the days for substantial completion are reasonable period to perform the Work. The Contractor shall proceed expeditiously with adequate forces and shall achieve substantial completion on time. The Contractor may, at its discretion, plan to complete the work and achieve substantial completion in less time.

§ 3.10.3 The Contractor shall monitor and update the CPM Schedule as construction progresses and submit a copy of the approved CPM Schedule updated by actual progress in activities with each Application for Payment. .1 The CPM Schedule submitted with each Application for Payment should accurately reflect the progress of the work up through and including two (2) business days prior to the date of the Application for Payment.

§ 3.10.4 The CPM Schedule shall allow for the integration of all aspects of the Project and provide for the coordination of all Work.

§ 3.10.5 The Contractor shall prepare and keep current, for the Owner’s approval, a schedule of submittals which is coordinated with the Contractor’s construction schedule and allows the Owner reasonable time to review submittals.

§ 3.10.6 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner.

§ 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the Site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Owner and shall be delivered to the Owner upon completion of the Work as a record of the Work as constructed.

§ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.

§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.

§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Owner is subject to the limitations of Section 4.2.7. Informational submittals upon which the Owner is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Owner without action.

§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Owner, Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Owner or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Owner without action. The Owner shall have no obligation to review any submittal from the Contractor unless the actions required by this Section and Section 3.12.6 have been taken and the submittals have been reviewed and marked by the Contractor to indicate field conditions, proposed deviations from the Contract Documents and any other matters affecting design intent. The Contractor shall be responsible to the Owner for all delays caused by the Contractor’s failure to comply with the provisions of this Section and of Section 3.12.6.

§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Owner.

§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Owner’s approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Owner in writing of such deviation at the time of submittal and (1) the Owner has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Owner’s approval thereof.

§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Owner on previous submittals. In the absence of such written notice, the Owner’s approval of a resubmission shall not apply to such revisions.

§ 3.12.10 [INTENTIONALLY OMITTED]

§ 3.12.11 (Certification of performance criteria) When professional certification of performance criteria of materials, systems, or equipment is required by the Contract Documents, the Contractor shall provide the person providing the certification with full information on the relevant performance requirements and on the materials, systems, and equipment that are expected to operate at the Site. The certification shall be based on performance under the operating

conditions generally prevailing or expected at the Site. The Owner shall be entitled to rely upon the accuracy and completeness of such certificates.

§ 3.12.12 (Shop Drawings) The Contractor shall see that all shop drawings for any architectural, structural, mechanical, or electrical work have been approved by the Owner. The Contractor represents and warrants that all shop drawings shall be prepared by persons possessing expertise and experience in the trade for which the shop drawing is prepared and, if required by the Owner or applicable law, by a licensed engineer.

§ 3.13 USE OF SITE § 3.13.1 The Contractor shall confine operations at the Site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the Site with materials or equipment.

§ 3.13.2 (Storage of materials and equipment) The Contractor shall not store any materials or equipment on the Site except those which are to be used directly in the Work. After equipment is no longer required for the Work, the Contractor shall promptly remove it from the Site. The Contractor shall provide suitable protection of materials and equipment stored at the Site from adversity of the kinds that may be reasonably expected, and from weather, theft, and other damage.

§ 3.13.3 (Signs) Neither the Contractor nor the Subcontractors nor the Sub-subcontractors may erect any sign on the Site without the prior written consent of the Owner. That consent may be withheld in the sole discretion of the Owner.

§ 3.13.4 (Contractor’s use of Owner’s facilities; insurance requirements) The Contractor shall not permit any workers to use any existing facilities at the Site, including lavatories, toilets, entrances, and parking areas, other than those designated by the Owner. Without limitation of any other provision of the Contract Documents, if the Owner is using or occupying areas adjacent to the Work, the Contractor shall comply with all regulations promulgated by the Owner in connection with the use and occupancy thereof, as amended from time to time. The Contractor shall immediately give notice to the Owner if during the performance of the Work, the Contractor finds compliance with any portion of such regulations to be impracticable, setting forth the problems of such compliance. The Owner shall use reasonable efforts to accommodate the Contractor’s concerns, if in the Owner’s discretion it is reasonably practical to do so. The Contractor shall also comply with all insurance requirements applicable to use and occupancy of the Site.

§ 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.

§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’s consent to cutting or otherwise altering the Work.

§ 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. For the Work to be considered Substantially Complete, the Project Site exterior musts be left "broom clean" and all Project interiors must be thoroughly cleaned and vacuumed, all boxes, crates, etc. shall be hauled off of and away from the Project Site at the Contractor’s expense, the Contractor shall thoroughly wash and clean all glass, replace broken glass, clean hardware, remove paint stains, spots, smears, marks and dirt from all surfaces, clean fixtures, wash tile floor and all exposed concrete and vacuum all carpeted areas so as to present clean work to the Owner for acceptance. Prior to completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor’s tools, construction equipment,

machinery and surplus materials. In a addition, Contractor shall at all times keep the Project Site and adjacent rights of way clean and free of debris or blowing trash, cut and trim all grass and weeds, and remove ice and snow as necessary to maintain a neat, clean and safe Project Site and adjacent rights of way. To the extent the Specifications require more stringent requirements with regard to cleaning, the Specifications shall control.

§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor.

§ 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Owner’s consultants or lenders (and its consultants or agents) access to the Work in preparation and progress wherever located. In this regard, the Contractor shall make personal safety equipment available to any such persons accessing the Project Site.

§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights or violation with respect to copyrights, trade secrets, or other proprietary information and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, copyright, trade secret, or other proprietary right, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Owner.

§ 3.18 INDEMNIFICATION § 3.18.1 (a) (Definitions). These definitions apply to this Section unless otherwise stated. Contractor – Each party to this contract except the City of Durham. Construction agreement -- any promise or agreement in, or in connection with, a contract or agreement relative to the design, planning, construction, alteration, repair, or maintenance of a building, structure, highway, road, appurtenance, or appliance, including moving, demolition, and excavating connected therewith. Defend – to pay for or furnish counsel at the expense of the Contractor to defend any of the Indemnitees against claims alleged or brought against any of the Indemnitees by a third party alleged or brought in any court or other tribunal, including forms of alternative dispute resolution required by law or contract, before the court or tribunal has reached a final determination of fault. Derivative parties -- with respect to a party, any of that party's subcontractors, agents, employees, or other persons or entities for which the party may be liable or responsible as a result of any statutory, tort, or contractual duty. Design professional -- a person or entity who is licensed under and provides professional services regulated by Chapters 83A, 89A, 89C, 89E, or 89F of the N. C. General Statutes. Design professional agreement -- any promise or agreement in, or in connection with, a contract or agreement with a design professional to provide design professional services. Design professional services -- a service or work performed by a design professional for which licensure is required under Chapters 83A, 89A, 89C, 89E, or 89F of the N. C. General Statutes. Fault – a breach of contract; negligent, reckless, or intentional act or omission constituting a tort under applicable statutes or common law; or violations of applicable statutes or regulations. Indemnitees -- City and its officers, officials, independent contractors, agents, and employees, excluding the Contractor. Subcontractor – any person or entity, of any tier, providing labor or material through the Contractor for use on the project at issue in the applicable construction agreement or design professional agreement.

(b) (Standard Indemnification). (i) To the maximum extent allowed by law, the Contractor shall defend, indemnify, and hold harmless Indemnitees from and against all Charges that arise in any manner from, in connection with, or out of this contract as a result of acts or omissions of the Contractor or its derivative parties. In performing its duties under this subsection “i,” the Contractor shall at its sole expense defend Indemnitees with legal counsel reasonably acceptable to City. (ii) “Charges” means claims, judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties, royalties, settlements, and expenses. Included without limitation within “Charges” are

(c) (Restriction regarding Indemnitees’ Negligence). This contract shall not require the Contractor to indemnify or hold harmless Indemnitees against liability for damages arising out of bodily injury to persons or damage to property proximately caused by or resulting from the negligence, in whole or in part, of Indemnitees.

(d) (Restriction regarding Fault). Nothing in this contract requires the Contractor to indemnify or hold harmless Indemnitees or any other person or entity against losses, damages, or expenses unless the fault of the Contractor or its derivative parties is a proximate cause of the loss, damage, or expense indemnified.

(e) (Restriction regarding Negligence). Nothing in this contract requires the Contractor, provided that it is a design professional, to defend Indemnitees or any other person or entity against liability or claims for damages, or expenses, including attorney’s fees, proximately caused or alleged caused by the professional negligence, in whole or in part of the Contractor, the City, or their derivative parties, whether the claim is alleged or brought in tort or contract.

(f) (Liability when at Fault). It is agreed without limitation that nothing in this contract shall be interpreted to exclude from any indemnity or hold harmless provisions enforceable under subsection (c) and (d) any attorneys' fees, litigation or arbitration expenses, or court costs actually incurred by the City to defend against third party claims alleged in any court, tribunal, or alternative dispute resolution procedure required of the City by law or by contract, if the fault of the Contractor or its derivative parties is a proximate cause of the attorney's fees litigation or arbitration expenses, or court costs to be indemnified.

§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

§ 3.19 (Equipment Manuals) The Contractor shall assemble for the Owner’s approval and transmittal to the Owner (for the City of Durham) two (2) complete copies in loose leaf binders of all operating and maintenance data from all manufacturers and suppliers whose equipment is installed in the Work. The Contractor shall also prepare, and include in those binders, a checklist or schedule showing the type of lubricant to be used at each point of application, and the intervals between lubrication for each item of equipment. The Contractor shall comply with Subparagraph 9.10.2.

ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 As used herein, "Architect" shall refer to any design professional which Owner may determine to be appropriate for performing the design services, including structural, mechanical, electrical or other design services necessary for one or more subprojects. The use of "Architect" as a defined term does not require Owner to hire an architect. The Owner may, in its discretion, hire design professionals including, but not limited to, engineers, designers, architects, landscape architects, and other design or service professionals appropriate for the scope of work.

§ 4.1.2 [Intentionally omitted]

§ 4.1.3 [Intentionally omitted]

§ 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 [Intentionally omitted]

§ 4.2.2 [Intentionally omitted]

§ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner.

§ 4.2.5 [Intentionally omitted]

§ 4.2.6 The Owner has authority to reject Work that does not conform to the Contract Documents. Whenever the Owner considers it necessary or advisable, the Owner will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. § 4.2.7 The Owner will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Owner’s action will be taken in accordance with the submittal schedule approved by the Owner or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Owner’s judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Owner’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Owner’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Owner, of any construction means, methods, techniques, sequences or procedures. The Owner’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

§ 4.2.8 The Owner will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Owner will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.

§ 4.2.9 The Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10.

§ 4.2.10 The Owner may provide one or more project representatives to assist in carrying out the Owner’s responsibilities at the Site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.

§ 4.2.11 [Intentionally omitted]

§ 4.2.12 [Intentionally omitted]

§ 4.2.13 [Intentionally omitted]

§ 4.2.14 The Owner will review and respond to requests for information about the Contract Documents. The Owner’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Owner will prepare and issue supplemental Drawings and Specifications in response to the requests for information.

ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who is a first tier subcontractor as defined in N.C.G.S. 44A-17. Nothing in this Article 5 shall be construed to affect the extent to which Chapter 44A applies to the Contract, the Work, or any acts or transactions.. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor.

§ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the Site. The term "Sub-subcontractor" includes each person or entity who is a subcontractor of any tier, other than a first tier subcontractor as defined in N.C.G.S. 44A-17. The term "Sub- subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor.

§ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Owner may reply within 14 days to the Contractor in writing stating (1) whether the Owner has reasonable objection to any such proposed person or entity or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection.

§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection.

§ 5.2.3 If the Owner has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required.

§ 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner makes reasonable objection to such substitution.

§ 5.3 SUBCONTRACTUAL RELATIONS § 5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by these Documents, assumes toward the Owner. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub- subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub- subcontractors.

§ 5.3.2 (Text to be included in subcontracts) Upon the Owner’s request, the Contractor will demonstrate compliance with this Subparagraph 5.3.2. All subcontracts shall include substantially the following: A. Paragraph 5.3 of the General Conditions of the Contract for Construction between the Owner and the Contractor is incorporated by reference into this subcontract. To the extent of the work to be performed by the subcontractor -- (1) the subcontractor is bound to the Contractor by terms of the Owner-Contractor Contract, and (2) the subcontractor assumes toward the Contractor all of the obligations and responsibilities which the Contractor, by the Owner-Contractor Contract, assumes toward the Owner. The rights of the Owner under the Owner-Contractor Contract with respect to the Work to be performed by the subcontractor are preserved and shall be protected so that subcontracting will not prejudice those rights. The Owner is an intended third party beneficiary of this subcontract. B. If the Contractor is terminated by the Owner, and even if the Contractor defaults in such a way which would give the subcontractor the right to terminate this subcontract, the subcontractor hereby agrees that, upon written request (by the Owner, or a Contractor substituted in place of the original Contractor, or any surety obligated under bond

relating to the Agreement between the Owner and Contractor), the subcontractor will continue to perform its obligations under this subcontract (on the same terms and conditions as apply to this subcontract) for and on account of the Owner, such substitute Contractor, or the surety. If requested by the Owner or surety, the subcontractor will execute a separate document to show its commitment to continue performance pursuant to this subcontract. Assignment is subject to the prior rights of the surety. The Owner shall be responsible to the subcontractor only for those obligations of the Contractor that accrue after the Owner exercises any rights under this section "B".

§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract.

When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract.

§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension.

§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract.

§ 5.4.5 (Furnish Subcontractor Documents). At any time after eh Contract is executed, whether or not notice of termination has been given, Contractor shall upon request of the Owner promptly give the Owner a copy of the entire text of all agreements (including attachments and exhibits) with Subcontractors, together with all other documents by which any services, materials, equipment, or other goods were ordered by the Contractor, including documents showing the cost, delivery dates, and all terms and conditions (including those relating to ordering and cancelling).

ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the Site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.

§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement.

§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised.

§ 6.1.4 [Intentionally omitted]

§ 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents.

§ 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable.

§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective construction.

§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5.

§ 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14.

§ 6.3 OWNER’S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Owner will allocate the cost among those responsible.

ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. Except as permitted in Paragraph 7.3, a change in the Contract Sum or the Contract Time shall be accomplished only by Change Order. Accordingly, none of the following shall be grounds for any increase in the Contract Sum or in the Contract Time: (a) course of conduct or dealings between the parties; (b) express or implied acceptance of alterations or additions to the Work; or (c) any unjust enrichment accruing to the Owner by any alteration or addition to the Work.

§ 7.1.2 A Change Order shall be based upon agreement among the Owner and Contractor; a Construction Change Directive requires agreement by the Owner and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Owner alone.

§ 7.1.3 The Owner, unilaterally at any time may have changes made in the Work covered by the Contract, including but not limited to changes: (1) in the specifications or drawings; (2) in the sequence, method or manner of performance of the Work; (3) in the Owner-furnished facilities, equipment, materials, services or Site; or (4) directing acceleration in the performance of the Work. Furthermore, it is understood and agreed that refinement and detailing may be accomplished from time to time with respect to the drawings and specifications. The Contractor’s entitlement to an increase in the Contract Sum or an extension of time, or both, if any, for such changes shall be determined in accordance with this Contract.

§ 7.1.4 The Owner may, from time to time, order or authorize additions, deletions, and other changes in the Work by Change Order or Construction Change Directive, without invalidating the Contract, and without notice to Surety. Absence of such notice shall not relieve such surety(s) of any of its obligations to the Owner. The Contractor shall notify the Surety of any such changes.

§ 7.1.5 The Owner’s Authorized Representative has the authority to order minor changes in the Work not involving an adjustment in the Contract Sum or time for completion, and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and the Contractor. The Contractor shall not perform any changes in the Work unless authorized in writing by the Owner. The Contractor’s performance of minor changes pursuant to this section shall not constitute a waiver of any claim the Contractor may have for additional compensation or time. Any claim the Contractor may have, however, shall be filed in strict conformance with this Contract.

§ 7.1.6 [Intentionally Omitted].

§ 7.1.7 Except in an emergency endangering life or property, no change shall be made by the Contractor except upon receipt of approved change order or written Construction Change Directive from the Owner, countersigned by the a representative of the Owner. No claim for increases in the Contract Sum shall be honored or valid unless this procedure is followed. A Construction Change Directive, transmitted by fax or hand-delivered, may be used where the change involved impacts the critical path of the Work. A formal change order shall be issued within the time stated on the Construction Change Directive.

§ 7.1.8 The Contractor shall notify the Owner, if the Contractor believes that a change in scope or design will require a change in the Contract Sum. This request shall specify the reasons for the change and all effects such change will have on the Work. The Owner shall have the right to require the performance thereof on a lump sum basis, a unit price not to exceed basis, or a time and material not to exceed basis.

§ 7.1.9 The Contractor acknowledges that some changes in the Project may require approval by the City of Durham Council. So as not to delay the Project, the Contractor shall notify the Owner any deadlines for responses and how the Owner’s failure to respond will impact the Project schedule.

§ 7.1.10 Upon receipt of an Owner directed change request, the Contractor shall submit a proposal within ten (10) working days, or provide written justification acceptable to the Owner within five (5) working days stating the additional time required to submit a proper proposal for the change requested. The Contractor’s proposal shall be itemized and segregated by labor and materials for the various components of the change in or addition to the Work. No aggregate labor total will be acceptable. The Contractor’s proposal shall be accompanied by signed proposals by any Subcontractors who will perform any portion of the change in, or addition to, the Work, and of any persons who will furnish materials or equipment for incorporation therein. The proposal shall also include the Contractor’s estimate of the time required to perform said changes or additional Work.

§ 7.1.11 All Change Orders shall be supported by a breakdown showing method of arriving at net cost as defined below. The Owner will review the Contractor’s analysis and cost data and advise the Contractor of their findings. The Contractor will provide such supporting data in suitable format. The Owner shall verify correctness. Within fourteen (14) days after receipt of the Contractor’s proposal, the Owner shall prepare the Change Order and forward to the Contractor for its signature or otherwise respond, in writing, to the Contractor’s proposal. Within seven (7) days after receipt of the Change Order executed by the Contractor, the Owner shall certify the Change Order by its signature, and forward the Change Order and all supporting data to the Owner for the Owner’s signature. The Owner shall endeavor to execute the Change Order within seven (7) days of receipt, or in accordance with the Owner’s standard procedures. Upon approval by the Owner, copies of the Change Order will be sent to the Contractor. In case of emergency or extenuating circumstances, approval of Change Orders may be obtained verbally by telephone or field orders approved by all parties, then shall be substantiated in writing as outlined under normal procedure.

§ 7.1.12 The portions of the proposal relating to labor and materials may include the reasonably anticipated direct costs to any of the Contractor’s Subcontractors for labor and materials to be purchased for incorporation in the change in the Work, plus transportation and applicable sales and use taxes. The term "direct cost" as used herein shall mean the difference between all proper cost additions and deductions. The "cost" as used herein shall be limited to the following: .1 The actual costs of materials and supplies incorporated or consumed as part of the Project, including a list of quantities of products required and unit costs, with the total amount of purchases to be made. Where requested by the Owner, the Contractor shall furnish survey data to substantiate quantities requested. Such costs shall be charged at the lowest price available to the Contractor but in no event

AIA Document A201® – 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 16:11:21 30 ET on 07/10/2020 under Order No.0750618556 which expires on 03/13/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected]. User Notes: (1987732593) shall such costs exceed competitive costs obtainable from other contractors, suppliers, manufacturers, and distributors in the area of the Project site. All discounts, rebates, and refunds and all returns from sale of surplus materials and consumable items shall accrue to the Owner, and the Contractor shall make provisions so that they may be obtained; .2 The actual costs of labor expended on the Project site in direct performance of the extra work; .3 The actual costs of labor burden for employees at the Project site, or fabrication of off-site work, in direct performance of the Change Order, limited to the costs of social security (FICA) and Medicare/Medicaid taxes; unemployment insurance costs; health/dental/vision insurance premiums; paid employee leave for holidays, vacation, sick leave, and/or petty leave, not to exceed a total of 30 days per year; retirement contributions; worker’s compensation insurance premiums; and the costs of general liability insurance when premiums are computed based on payroll amounts; the total of which shall not exceed forty-nine percent (49%) of the actual costs of labor; .4 The actual costs of rental for tools, excluding hand tools; equipment; machinery; and temporary facilities required for the Project; .5 The actual costs of premiums for bonds, insurance, permit fees, and sales or use taxes related to the Project; .6 Overtime and extra pay for holidays and weekends may be a cost item only to the extent approved by the Owner; .7 Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by Owner’s Representative, exclusive of hand tools, used directly in the performance of the Change Order. Such rental charges shall not exceed the current prevailing and published commercial rental charges for the area in which the Work is performed. The Contractor shall attach a copy of said schedule to the request. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary. .8 The Contractor may include up to seven percent (7%) profit for the costs listed above under Sections 7.1.12.1, 7.1.12.2 and 7.1.12.3. Contractor may also include up to seven (7%) of said costs as overhead and profit for its Subcontractors. In the case of deductible change orders, the Contractor shall deduct no less than five percent (5%) profit for its subconsultants and subcontractors, but no allowances for overhead.

§ 7.1.13 If any of the items included in the lump sum proposal are covered by unit prices, the Owner may, if it requires the change in the Work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal, in which event an appropriate deduction will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No additional Subcontractor overhead and profit shall be applied to any unit prices.

§ 7.1.14 In the event that the Contractor fails to submit its proposal in accordance with the procedures outlined above or obtain approval of an extension of time within the designated period, the Owner may order the Contractor to proceed with the change or addition to the Work and the Contractor shall so proceed. The Owner shall unilaterally determine the reasonable cost and time to perform the Work in question, which determination shall be final and binding upon the Contractor.

§ 7.1.15 The Owner reserves the right to reject the Contractor’s proposal for a change in the Work and to elect to perform said Work using a separate Subcontractor. Under such circumstances, the Contractor shall coordinate the performance of the Work.

§ 7.1.16 For any approved time extensions to the period of performance of the Contract, the Contractor shall not be entitled to home office expenses, no matter the cause(s) of that led to the time extension. The Contractor shall be entitled to direct labor and equipment costs that result from any time extension, provided that the Contractor can demonstrate to the Owner that such direct labor and equipment costs were unexpected, that the Contractor made reasonable efforts to mitigate the direct cost impacts, and documentation can be provided to substantiate the costs.

§ 7.1.17 The Contractor shall not be entitled to escalation of cost for materials costs related to time extensions, no matter the cause(s) of the time extension.

§ 7.1.18 If the Owner requests a change order and the Contractor’s terms are unacceptable, the Owner may require the Contractor to perform such Work on a time and material basis. If the Owner elects to have the change in the

§ 7.1.19 In the event that the parties are unable to agree as to the reasonable cost and time to perform the change in or addition to the Work based upon the Contractor’s proposal and the Owner does not elect to have the change in the Work performed on a time and material basis, Owner has the right to direct in writing that the Contractor perform the change in the Work. Failure of the parties to reach agreement regarding the cost and time of the performing the change in the Work regardless of any pending protest, shall not relieve the Contractor from performing the change in the Work promptly and expeditiously.

§ 7.1.20 At the time of signing a Change Order, the Contractor shall be required to certify as follows: "I certify that my bonding company will be notified forthwith that my contract has been changed by the amount of this change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety." Failure of the Contractor to mail change orders to its surety, shall not relieve the surety of any its obligations to the Owner. A Change Order, when issued, shall be full compensation, or credit, for the Work included, omitted or substituted. It shall show on its face the adjustment in time for completion of the Project, if any, as a result of the change in the Work.

§ 7.1.21 No Change Order will invalidate, relieve or release the Contractor from any guarantee given by it pertinent to the contract provisions. No Change Order will affect the validity of the performance bond or relieve the surety on said bond.

§ 7.1.22 In the event of emergency endangering life or property, the Contractor and the Subcontractors may be directed to proceed on a time and material basis by the Owner’s representative whereupon the Contractor shall proceed and keep accurately on such form as may be required, a correct account of costs together with all proper invoices, payrolls and supporting data. Upon completion of the Work the Change Order will be prepared and settled as outlined herein.

§ 7.1.23 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work.

§ 7.1.24 Every Change in the Work that affects the Contract Time, the Cost of the Work, or the Contract Sum of the Project requires approval by either the Durham City Manager or the General Services Manager or his or her designee. No such Change shall be binding on the Owner without written approval by either the Durham City Manager or the General Services Manager or his or her designee.

§ 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Owner and signed by the Owner and Contractor stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; .3 The extent of the adjustment, if any, in the Contract Time; and 4 The adjustment to the Contract Sum and/or Contract Time fully compensates the Contractor for the change.

§ 7.2.2 No party may reserve a right to additional compensation or time for the change in the Work incorporated into a Change Order without the written consent of the Owner. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work which is the subject of the Change Order, including all direct and indirect costs associated with such change and any and all adjustments to the Contract Sum and the

§ 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Owner and signed by the Owner, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly.

§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order.

§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. The methods provided in Subparagraphs 7.3.3.1 and 7.3.3.3 shall not be used unless the other methods in this Subparagraph 7.3.3 are inapplicable or inequitable.

§ 7.3.4 If unit prices are stated in the Contract Documents, the Contractor shall perform the Work referred to or described by the unit price provisions at the price per unit of the specified measurement for materials, equipment, and services, as needed for the Work. Each unit price the dollar amount that the Contractor deemed adequate, at the time of the submission of its bid or execution of the Change Order agreeing on the unit price, to cover the Contractor’s costs, including overhead, and profit to supply the materials, equipment, and services represented by the unit price. The Contract Documents may show the multiplication of a unit price by a specified quantity (which was estimated as needed) in order to calculate the extension, or the "product" in dollars. The Owner is not contractually bound to pay for the estimated quantity of those items, and the Owner does not covenant that the estimated quantity will be used. Instead, the Owner will be contractually bound to pay for the actual quantity properly incorporated in the Work, at the unit price stated in the Contract Documents. It is presumed that any change of quantities (of items to be paid on a unit price basis) in a proposed Change Order or Construction Change Directive will not cause substantial inequity, but to the extent that presumption is overcome, the rest of this Subparagraph 4.3.8 shall apply. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.

§ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Owner of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time.

§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order.

§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Owner shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form

as the Owner may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, and workers’ compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change.

§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.

§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Owner will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Owner determines, in the Owner’s judgment, to be reasonably justified. The Owner’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.

§ 7.3.10 When the Owner and Contractor agree with a determination made by the Owner concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Owner will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive.

§ 7.3.11 (No payment without documentation) The Owner shall not pay for any cost for any Work attributable to the change in the Work or any cost under Subparagraph 7.3.7 or 7.3.8 unless documentation required by the Contract Documents is supplied for that cost. Those required documents include: .1 For costs under Subparagraph 7.3.7.1, for each person who worked on the additional Work: a statement showing his or her job title, hourly rate paid, other amounts described under Subparagraph 7.3.7.1 that were paid, and the net change in the number of hours worked attributable to the change in the Work. .2 For costs under Subparagraph 7.3.7.2: dated receipts from the Subcontractors and/or Sub- subcontractors. The receipts must acknowledge the Contractor’s payment, identify the materials, supplies, equipment and show the name of the Owner’s Project. .3 For costs under Subparagraph 7.3.7.3: dated receipts from the rental the Subcontractors and/or Sub- subcontractors. The receipts must acknowledge the Contractor’s payment, identify the machinery and equipment, and show the name of the Owner’s Project, the rental rate, and the number of hours, days, miles, or other basis of the charge. If the Contractor supplies the machinery or equipment, the statement must show the rental rate and the number of hours, days, miles, or other basis of the charge, and the rental rate must not exceed the market rental rate. .4 For costs under Subparagraph 7.3.7.4, written proof of a net change in the amount paid by the Contractor attributable to the change in the Work. For bonds, the proof must include the invoice or statement from the surety or its agent showing that it is attributable to the change in the Work. .5 For costs under Subparagraph 7.3.7.5, for each person who worked on the additional Work: a statement showing his or her job title, method of his or her compensation, and the net change in the number of hours worked attributable to the change in the Work.

7.3.12 (Adjustment of Contract Sum when substantially all of an alternate is deleted) If the Owner deletes substantially all of the Work contemplated by an alternate before five percent (5%) of the Work under that alternate has been performed, the Contract Sum shall be adjusted as provided in this Subparagraph 7.3.12 and not pursuant to the last sentence of Subparagraph 7.3.7. The method and the adjustment shall be determined by the Owner as follows: First, the Contract Sum will be reduced by the full amount of the alternate that is deleted. Next, the Contract Sum will be increased to compensate the Contractor for losses that the Contractor cannot avoid, if the

Contractor had acted reasonably in making arrangements to do the Work contemplated by the alternate before it was deleted. For example, the Contract Sum may be adjusted to reflect a restocking fee that a Subcontractor charges for goods, but not if the Contractor did not actually order the goods, or if it was not reasonable for the Contractor to have ordered the goods when it did so, or if the restocking fee was not customarily charged by the Subcontractor for those goods, or not to the extent the restocking fee was unreasonable in amount, or if other circumstances exist under which it would be inequitable for the restocking fee to be paid by the Owner. .1 (Limitations on adjustment) The Contract Sum will not be increased to reflect profits that the Contractor, a Subcontractor, or any other person would or might have made if the alternate had not been deleted. The Contract Sum will not be increased to reflect overhead that the Contractor, a Subcontractor, or any other person would or might have incurred if the alternate had not been deleted. To the extent that the Contractor performed up to five percent of the Work contemplated by the deleted alternate, the Contract Sum shall be adjusted for the Work performed as if the Work performed had been the subject of an additive Construction Change Directive.

§ 7.3.12 Execution of a Construction Change Directive by the Owner shall be approved in writing by the City Manager, the City Deputy or Assistant City Manager, or the City General Services Director. Any Construction Change Directive purported to be executed by the Owner, which is not approved in writing by the City Manager, the City Deputy or Assistant City Manager, or the City General Services Director, shall be invalid, void and of no effect.

§ 7.4 MINOR CHANGES IN THE WORK The Owner has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Owner and shall be binding on the Owner and Contractor.

ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work.

§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.

§ 8.1.3 The date of Substantial Completion is the date as established in accordance with Section 9.8.

§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. The day of the act, event, or default after which a period of time begins to run, is not to be included. The last day of the period is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or such legal holiday. As used in the preceding sentence, a ’legal holiday’ is a holiday observed by city government of the City of Durham. See Durham City Code Sections 14-16(a) and 14-16(b) for information on such holidays.

§ 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work.

§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance.

§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time.

§ 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the Owner pending any dispute resolution process; or by other causes that the Owner determines may

justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine.

§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.

§ 8.3.3 Notwithstanding anything to the contrary in the Contract Documents, the Contractor’s sole remedy for any (1) delay in the commencement, prosecution, or completion of the Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of productivity, or (4) other similar delays and losses (said 1, 2, 3, and 4 being collectively referred to in this Subparagraph 8.3.3 as ’Such Delays’), whether or not Such Delays are foreseeable, shall be an extension of the Contract Time if permitted and granted under Subparagraph 8.3.1 and, to the extent permitted under this Subparagraph 8.3.3, an adjustment in the Contract Sum. In no event shall the Contractor be entitled to any other compensation or recovery of any damages under or pursuant to this Subparagraph 8.3.3 in connection with any Such Delays, including consequential damages, lost opportunity costs, impact damages, or other similar remuneration. The Contractor shall be permitted an adjustment in the Contract Sum if any of Such Delays, either individually or taken in the aggregate, cause the Contract Time to be increased by more than the Elimination Period. If the length of the Elimination Period is stated elsewhere in the Contract Documents, that length shall apply; if not, the Elimination Period shall be ten (10) days. The ’Compensable Delay Time’ equals the period of Such Delays minus the Elimination Period. Any adjustment in the Contract Sum pursuant to this Subparagraph 8.3.3 shall be limited to the increase, if any, of direct costs incurred by the Contractor in performing the Work as a result of the fact that the Compensable Delay Time exceeded the Elimination Period. Direct costs for purposes of this Subparagraph 8.3.3 do not include profit or overhead.

§ 8.3.4 (Delay damages) Nothing in Subparagraph 8.3.3 or any other provision of the Contract Documents is intended to forbid or limit compensable damages for delays caused solely by the Owner or its agent. For purposes of the preceding sentence, ’Owner or its agent’ does not include prime contractors or their subcontractors.

ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.

§ 9.1.1 The Contractor expressly acknowledges and agrees that it shall receive no compensation, and the Cost of Work shall not include, any costs incurred by the Contractor in repairing or correcting, or supervising the correction or repair, of defective or non-conforming Work, performed or supplied by any subcontractor, material supplier, or any other person or entity employed by the Contractor, under contract with the Contractor, or performing Work on the Project on behalf of or under the supervision of the Contractor, regardless of whether or not such defective or non-conforming Work resulted from the fault or negligence of the Contractor or the Contractor’s personnel and that the Contractor’s sole remedy with respect to the recovery of such costs shall be whatever remedies are contained in the Contractors’ subcontract agreements with its Subcontractors, suppliers and other persons or entities providing Work on the Project.

§ 9.2 SCHEDULE OF VALUES § 9.2.1 Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Owner, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 9.2.2 UNIT PRICES § 9.2.2.1 Unit prices, if any, shall apply to Change Order Work. § 9.2.2.2 In addition to Sub-subparagraph 9.2.2.1, it is agreed: (a) If unit prices are included in the Contract Documents for Work other than Change Order Work, it is also agreed that the Contract Sum was calculated on the assumption that certain estimated quantities of unit price items will be used in the Work. Those estimated quantities are stated in the Contract Documents. The unit price multiplied by the quantity is referred to as the ’extension.’ (b) If the actual extension of a unit price item is less than the estimated extension, the Contract

§ 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Owner an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor’s right to payment as the Owner may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents.

.1 As provided in Article 7, such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives, or by interim determinations of the Owner, but not yet included in Change Orders. .2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay.

§ 9.3.2 Periodic payments shall be made in accordance with Article 5 of the Agreement.

§ 9.3.3 With respect to all materials, equipment, or supplies for which the Contractor has made a request for payment: .1 all such materials, equipment or supplies shall be deemed owned by the Owner and shall be clearly marked as belonging to the Owner; and .2 the Contractor shall be responsible for all security and shall promptly reimburse the Owner for all loss, damage and theft.

§ 9.3.4 If required by Owner, an application for payment shall be accompanied by (1) a summary showing payments that will be made to Subcontractors covered by such application and conditional waivers and releases of claims and stop notices, (2) certified payroll of Contractor and all subcontractors, and (3) unconditional waivers and releases of claims and stop notices from each Subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment. Contractor warrants that, upon submittal of an application for payment, all Work for which certificates for payment have been previously issued and payment has been received from Owner, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, Subcontractors, or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment relating to the Work.

§ 9.3.5 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the Site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the Site at a location agreed upon in writing. Payment for materials and equipment stored on or off the Site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage and transportation to the Site for such materials and equipment stored off the Site.

§ 9.3.6 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for

§ 9.4 [RESERVED]

§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Owner may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Owner’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Owner is unable to certify payment in the amount of the Application, the Owner will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Owner cannot agree on a revised amount, the Owner will promptly issue a Certificate for Payment for the amount for which the Owner is able to make such representations. The Owner may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Owner’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .7 Contractor’s negligence of failure to perform its obligations under the Contract Documents; .8 erroneous estimates by the Contractor of the value of the Work performed; .9 failure of the Contractor to provide record documents, or failure to keep record documents up to date on a monthly basis; .10 Contractor’s failure to provide materials and Subcontractor lists prior to its initial schedule for the Work; .11 Contractor’s failure to provide and update the progress schedule for the Work; or .12 Contractor’s failure to provide and update such other items as may be require under the Contract Documents, including without limitation payee lists, SBE/MBE/WBE compliance reports and certified payroll reports.

§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld.

§ 9.5.3 Notwithstanding the Owner’s issuance of a Certificate of Payment and notwithstanding the provisions of Section 9.5.1 and of any other provision, the Owner shall have the right to withhold from payments due to the Contractor such sums as may be necessary to protect the Owner against any loss or damage which may result from negligence or unsatisfactory Work by the Contractor, failure by the Contractor to perform his obligations, including failure to maintain satisfactory progress of the Work, or claims against the Contractor or the Owner may withhold payments from the Contractor for damages by the Contractor to others not adjusted, failure of the Contractor to make proper payments to his material supplier, and Subcontractors, and where there is reasonable evidence indicating a probable filing of any claim against the Owner or the Contractor in connection with the Work or the Project. In addition, if the Owner withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner will reflect such payment on the next Certificate for Payment.

§ 9.6 PROGRESS PAYMENTS § 9.6.1 After the Owner has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents.

§ 9.6.2 Prompt Payments to Subcontractors) .1 Within 7 days of receipt by the Contractor of each payment from the Owner under this contract, the Contractor shall pay all Subcontractors based on work completed or service provided under the subcontract. Should any payment to the Subcontractor be delayed by more than 7 days after receipt of payment by the Contractor from the Owner under this contract, the Contractor shall pay the Subcontractor interest, beginning on the 8th day, at the rate of 1% per month or fraction thereof on such unpaid balance as may be due. By appropriate litigation, Subcontractors shall have the right to enforce this Sub-subparagraph 9.6.2.1 directly against the Contractor, but not against the Owner. If the Owner’s Project Manager determines that it is appropriate, in order to enforce this Sub- subparagraph 9.6.2.1, the Owner may withhold the sums estimated by the Project Manager to be sufficient for subcontractor payment and this interest from progress or final payments to the Contractor. Further, if the contractor deliberately fails to pay the subcontractor, payments shall awarded to the subcontractor and shall be based on the contractor’s schedule of values and/or the agreement between the contractor and subcontractor or as defined by the project manager. .2 Nothing in Subparagraph 9.6.2 shall prevent the Contractor at the time of invoicing, application, and certification to the Owner from withholding invoicing, application, and certification to the Owner for payment to the Subcontractor for unsatisfactory job progress; defective goods, services, or construction not remedied; disputed work; third-party claims filed or reasonable evidence that such a claim will be filed; failure of the Subcontractor to make timely payments for labor, equipment, and materials; damage to the Contractor or another Subcontractor; reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum; or a reasonable amount for retainage not to exceed 10%. .3 The Owner’s Project Manager may require, as a prerequisite to making progress or final payments, that the Contractor provide statements from any Subcontractors designated by the Project Manager regarding the status of their accounts with the Contractor. The statements shall be in such format as the Project Manager reasonably requires, including notarization if so specified.

§ 9.6.3 The Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner on account of portions of the Work done by such Subcontractor.

§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. The Owner shall not have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law.

§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4.

§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.

§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.

§ 9.7 FAILURE OF PAYMENT § 9.7.1 If the Owner does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven

days after the date established in the Contract Documents the amount certified by the Owner or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shut-down, delay and start- up, plus interest as provided for in the Contract Documents.

§ 9.7.2 (Payments to Owner) If the Owner is entitled to payment from the Contractor, the Contractor shall make such payment promptly upon demand by the Owner. Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor fails to promptly make any payment due to the Owner incurs any cost or expense to cure any default of the Contractor or to correct defective Work, the Owner may offset such amounts against the Contract Sum and may deduct the amount to which the Owner is entitled from any payment due from the Owner to the Contractor. Failure to exercise the rights set forth in this Subparagraph 9.7.2 shall not affect the Owner’s right such to payments.

§ 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. However, before Substantial Completion can occur, the Owner must receive all certificates of occupancy and other permits, approvals, licenses, and other documents from all governmental authorities that are necessary for the beneficial occupancy and use of the portion to be occupied or utilized.

§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Owner a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.

§ 9.8.3 Upon receipt of the Contractor’s list, the Owner will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Owner’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner. In such case, the Contractor shall then submit a request for another inspection by the Owner to determine Substantial Completion.

§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Owner will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.

§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.

§ 9.8.6 The acceptance of substantial completion payment shall constitute a waiver of all claims by the Contractor and its Subcontractors, except those previously made in writing and identified by the Contractor as unsettled at the time the Contractor submits the application for payment for substantial completion, and except for the retained sums due at final acceptance.

§ 9.8.7 The Contractor shall indemnify and hold the Owner harmless against any claims by its Subcontractors that are waived because they were not made in writing and identified by the Contractor as unsettled when the Contractor submitted the application for payment for substantial completion.

§ 9.8.8 The Owner shall have the option to correct or complete any and all Punch List items not completed by the Contractor to the satisfaction of the Owner within ninety (90) days the Project from the actual date of substantial completion for the Project by utilizing its own forces or by hiring others. The cost of such correction of remaining Punch List items by the Owner or others shall be deducted from the final payment to the Contractor.

§ 9.8.7 If the Contractor does not complete certain Punch List items within the required time period, all warranties and guarantees for such incomplete Punch List items shall become effective upon Contractor submitting to the Owner certification of the date such items were completed and approval by the Owner’s representative. The issuance of the certificate of substantial completion does not indicate final acceptance of the individual Project by the Owner, and the Contractor is not relieved of any responsibility for the individual Project except as specifically stated in the certificate of substantial completion.

§ 9.8.8 Should the Owner determine that the Work or designated portion thereof is not substantially complete, they shall provide the Contractor with written notice stating why the Work or designated portion thereof is not substantially complete. The Contractor shall expeditiously complete the Work and shall re-request in writing that the Owner perform another substantial completion inspection. Costs, if any, associated with such re-inspection shall be assessed to the Contractor.

§ 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Owner as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor.

§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.

§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.

§ 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection and, when the Owner finds the Work acceptable under the Contract Documents and the Contract fully performed, the Owner will promptly issue a final Certificate for Payment stating that to the best of the Owner’s knowledge, information and belief, and on the basis of the Owner’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Owner’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled.

§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract

Documents, (4) consent of surety, if any, to final payment, (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, and (6) the items required to be delivered to the Owner under Paragraph 3.11.1, (7) the items required under Paragraph 3.19.1, (8) all warranties and guarantees required under the Contract Documents, (9) an assignment of all manufacturer’s warranties relating to materials and labor used in the Work, (10) a statement that the Contractor has complied with Subparagraph 9.10.2.1, and (11) all certificates not previously delivered pursuant to Subparagraph 13.5.4. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees. .1 Before it is entitled to receive final payment, the Contractor shall submit to the Owner the originals of the permits, licenses, certificates, and approvals that the Contractor received pursuant to Subparagraph 3.7.1.

§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Owner so confirms, the Owner shall, upon application by the Contractor and certification by the Owner, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Owner prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

§ 9.10.4 The making of final payment shall not constitute a waiver of Claims by the Owner.

§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.

§ 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub- subcontractors; and .3 other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.

§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. The Contractor shall also be responsible, at the Contractor’s sole cost and expense, for all measures necessary to protect all property

§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. When use or storage of explosives or other hazardous materials or equipment or unusual construction methods are necessary, the Contractor shall give the Owner reasonable advance notice.

§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or anyone directly or indirectly employed by the Owner, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. In foregoing sentence, the words "anyone directly or indirectly employed by the Owner," and "anyone for whose acts the Owner may be liable," shall not be construed to include the Contractor, Subcontractors, or Sub-subcontractors, or anyone for whose acts the Contract, Sub- contractors, or Sub-subcontractors may be liable. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18.

§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the Site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner.

§ 10.2.7 The Contractor shall not permit any part of the construction or Site to be loaded so as to cause damage or create an unsafe condition.

§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter.

§ 10.2.9 (Securing Work) When all or a portion of the Work is suspended for any reason, the Contractor shall securely fasten down all coverings and fully protect the Work, as necessary, from injury or damage by any cause.

§ 10.2.10 (Reports of Incidents) The Contractor shall promptly report in writing to the Owner all accidents arising out of or in connection with the Work that cause death, personal injury, or property damage, giving full details and statements of any witnesses. In addition, if death, serous personal injuries, or serious damages are caused, the accident shall be reported immediately by telephone or message to the Owner.

§ 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a concealed and undisclosed hazardous material or substance ( as defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended) not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner in writing.

§ 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor the names and qualifications of persons or

entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If the Contractor has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable additional costs of shut-down, delay and start-up.

§ 10.3.3 [INTENTIONALLY OMITTED]

§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the Site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances.

§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the Site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence.

§ 10.3.6 [INTENTIONALLY OMITTED]

§ 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. This Section 10.4 shall not be construed to reduce the Contractor’s responsibilities, including those required by the rest of Article 10 and the remainder of the Contract Documents. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7.

ARTICLE 11 INSURANCE AND BONDS INSURANCE POLICIES IN GENERAL § 11.1.1 Contractor covenants and agrees that all insurance required to be obtained and maintained by Contractor by any provision of the Agreement or elsewhere in the Contract Documents (whether or not an additional premium shall be payable in connection therewith) shall: .1 Be subject to the approval of the Owner solely in order to determine if such insurance complies with the requirements of the Contract Documents in all material respects, and shall be in such form as are reasonably acceptable to the Owner, and shall be issued by insurance companies authorized to do business in the State of North Carolina and which have a Best’s rating of A (VII) or better; .2 Be procured, by Contractor, at no additional expense to the Owner and to the extent available for periods equal to the term of the construction of the Project but not less than one (1) year; in addition, products/completed operations insurance shall be maintained on the Project for a period not less than six (6) years following Owner’s acceptance of the Work and Final Payment to the Contractor; .3 Be evidenced by certificates of such policies delivered to the Owner in accordance with the provisions of this Article 11, together with a letter from Contractor and its insurance agent or broker certifying that all requirements of the Contract Documents regarding insurance have been satisfied, that all premiums for such insurance have been paid and are current and that all such required insurance is in full force and effect, delivered prior to any materials or equipment being brought to the Sites or the commencement of any Work, whether on the Sites or elsewhere; .4 Be replaced upon their expiration by new or renewal policies or duplicate copies thereof, as aforesaid, certificates of insurance for which are delivered to the Owner at least thirty (30) days before the expiration of such policies; or immediately upon completion of renewal, whichever is latest. .5 With respect to builder’s risk insurance, contain a provision that the insurer waives its rights to subrogation of any right to recover the amount of any loss from any of the insureds or additional insureds;

.6 Contain a provision that such policies shall not be canceled or modified without at least thirty (30) days’ prior written notice to the Owner and notices of cancellation for any reason shall, in addition to other notice requirements of this contract, be provided to:

Finance Director, City of Durham 101 City Hall Plaza Durham, NC 27701

or to such other party or at any other address as may be designated from time to time by proper written notice given to Owner in accordance with Section 13.3.

.7 With respect to builder’s risk insurance, at the option of Owner, as the case may be, coverage may be effected by blanket policies covering the Site and other properties owned or leased by Contractor, provided that the policies otherwise comply with the provisions of the Contract Documents and allocate to the Sites the specified coverage without possibility of reduction or coinsurance by reason of, or damage to, any other premises named therein, and if the insurance required by the Contract Documents shall be effected by any such blanket policies shall, upon request, furnish to the Owner certified copies or duplicate originals of such policies in place of the originals, with schedules thereto attached showing the amount of insurance afforded by such policies applicable to the Site; .8 Property insurance may provide for a deductible not to exceed One Hundred Thousand Dollars ($100,000) and the City and Owner shall not be responsible for payment of any part of this deductible. Liability insurance and workers’ compensation insurance shall provide full coverage, which may include deductibles; however, the City and Owner shall not be responsible for payment of any part of such deductibles ; .9 Contain an agreement that valuation of loss (where applicable) is to be on a replacement cost basis; and .10 Contain a waiver of all coinsurance requirements; .11 With respect to liability policies, evidence of additional insured coverage shall be as follows: .1 If by specific endorsement, then each time an insurance certificate is provided, an original of the specific endorsement to effect the coverage must be attached to the certificate; .2 If by blanket endorsement, the certificate shall state in the appropriate section that the general liability policy contains such endorsement and shall also state that City and Owner are additional insured. .3 With respect to the commercial general liability insurance, contain a provision that the insurer waives its rights to subrogation or any right to recover the amount of any loss from any of the insureds or additional insureds.

§ 11.2 COOPERATION ON INSURANCE CLAIMS § 11.2.1 Contractor and the Owner shall cooperate in a prompt manner in connection with the making of any claims and the collection of any insurance monies that may be due in the event of loss, and Contractor and the Owner shall execute and deliver such proofs of loss and other instruments which may be required for the purpose of obtaining the recovery of any such insurance monies. The City Manager and City Finance Director are authorized to sign for the City such proofs of loss, release agreements, releases, or other forms necessitated by this paragraph.

§ 11.3 OTHER INSURANCE OF CONTRACTOR § 11.3.1 Contractor shall not carry separate insurance concurrent in form or contributing in the event of loss covered by insurance as required by the Agreement and the Contract Documents unless the Owner are included therein as an additional insured or additional insureds as applicable, with loss payable as provided in the Agreement and the Contract Documents and unless the net effect of the other insurance is to increase the coverage or improve the financial protection offered without corresponding or off-setting reduction or limitation in the financial protection offered. The Contractor immediately shall notify the Owner of the carrying of any such separate insurance and shall cause the policies therefore or certificates thereof to be delivered to the City of Durham and Owner.

§ 11.4 COMPLIANCE WITH INSURANCE REQUIREMENTS AND OSHA § 11.4.1 Contractor shall not violate or permit to be violated any of the conditions or provisions of any insurance policy, and Contractor shall promptly so perform and satisfy or cause to be performed and satisfied the requirements of such policies. Contractor shall not violate or permit to be violated any OSHA standards or regulations regarding occupational safety and health by Contractor, its employees or its Subcontractors. Contractor shall indemnify and hold the Owner harmless for any loss, cost, penalty, or fines, in connection with violations of OSHA by Contractor, its employees, or its Subcontractors. Contractor shall, at its own expense, pay all costs associated with legal defense for the Owner for any reason arising in connection with OSHA violations, regardless of the source of the violation or the validity of the allegation, except that Contractor shall not be responsible for any OSHA violations committed by Owner’s (including City’s) employees.

§ 11.5 NO EFFECT ON INDEMNITY BY CONTRACTOR § 11.5.1 The coverage specified in the Agreement and this Article 11 is not intended and shall not be construed to limit any liability or indemnity of the Contractor under the Contract Documents.

§ 11.6 PERFORMANCE BOND AND PAYMENT BOND § 11.6.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract.

§ 11.6.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made.

§ 11.6.3 At the request of the Owner, the Contractor shall execute and deliver to the Owner a certification, in a form satisfactory to the Owner, certifying that the amount of the performance bonds and the amount of the payment bonds each have been issued in the principal sum of the Contract Sum of the Project and that the Owner is named as the beneficiary of the Performance Bond

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Owner’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Owner, be uncovered for the Owner’s examination and be replaced at the Contractor’s expense without change in the Contract Time.

§ 12.1.2 If a portion of the Work has been covered that the Owner has not specifically requested to examine prior to its being covered, the Owner may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs.

§ 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Owner’s costs and expenses made necessary thereby, shall be at the Contractor’s expense. If prior to the date of Substantial Completion, the Contractor, a Subcontractor, or a Sub-subcontractor uses or damages any portion of the Work, including mechanical, electrical, plumbing, or other building systems, machinery, equipment, or other mechanical device, the Contractor, at no expense to the Owner, shall cause such portion, system, device, or item to be restored (whether by replacement, repair, or otherwise) to the condition the item was required to be in, if such use or damage had not occurred. Nothing herein shall reduce the duty of the Contractor with respect to such item in order to obtain a final Certificate for Payment.

§ 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. . Such a written acceptance is not effective as an acceptance unless it specifically describes the condition that is not in accordance with the Contract Documents and contains substantially the following statement: "The Owner accepts [such condition] despite its not being in accordance with the Contract Documents." During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 2.4.

§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.

§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2.

§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.

§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents.

§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.

§ 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW § 13.1.1 The place of the Project is North Carolina. This Contract shall be deemed made in Durham County, North Carolina. This Contract shall be governed by and construed in accordance with the laws of North Carolina. The exclusive forum and venue for all actions arising out of this Contract shall be the North Carolina General Court of Justice, in Durham County. Such actions shall neither be commenced in nor removed to federal court. This section shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to this section.

§ 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.

§ 13.3 WRITTEN NOTICE § 13.3.1 If a party is notified of a replacement person for purpose of getting notice, then notices afterwards shall be directed to the replacement person. Written notices shall be deemed to have been duly served, made, and received, and receipt thereof completed, if (a) delivered in person to the individual or to that individual’s receptionist, or (b) mailed by registered or certified mail to the last business address known to the party giving notice, or (c) faxed to the last fax number known to the party giving notice, provided that the fax transmission must be completed. In addition, written notices to the Owner must be directed to the Owner’s representative, provided that if no individual is designated as the City’s representative, then written notices must be directed to the City Manager. As used in this Paragraph 13.3, the word ’notice’ includes ’request’.

§ 13.3.2 (When notice made) The notice will be deemed served, made, and received, and receipt thereof completed, on the earlier of: (a) the date delivered in person, or (b) three days after placing in the custody of the U. S. Postal Service, or (c) the date the fax transmission was completed.

§13.3.3 (Address of surety) Unless the surety provides a different address as provided in Paragraph 13.3, notice to a surety may be sent to the address shown on the performance bond; if no address for the surety is shown on the performance bond, the surety’s address provided by the N. C. Department of Insurance shall suffice; and if the Department of Insurance lacks an address, the last-known address of the attorney-in-fact who signed the performance bond shall suffice.

§ 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.

§ 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after the Agreement has been executed by both parties.

§ 13.5.2 If the Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Owner will instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner’s expense.

§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Owner’s costs and expenses shall be at the Contractor’s expense. It shall also bear a portion of the costs of the tests that revealed such failure in an amount determined by the Owner to be reasonably related to the significance of the failure and the reasonableness of ordering the tests, with the Owner bearing the rest of the costs of these tests that revealed such failure. The Contractor shall bear the portion of the cost of testing services required for the Contractor’s convenience (e.g., the premium charged for services that are required on short notice) in the Contractor’s scheduling and/or performance of

§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Owner.

§ 13.5.5 If the Owner is to observe tests, inspections or approvals required by the Contract Documents, the Owner will do so promptly and, where practicable, at the normal place of testing.

§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.

§ 13.6 INTEREST § 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

§ 13.7 SDBE The Contractor shall comply with all applicable provisions of Article III of Chapter 18 of the Durham City Code (Equal Business Opportunity Program), as amended from time to time. The failure of the Contractor to comply with Article III of Chapter 18 shall be a material breach of contract which may result in the rescission or termination of this contract and/or other appropriate remedies in accordance with the provisions of Article III of Chapter 18, this contract, and State law. The Participation Plan submitted in accordance with that chapter is binding on the Contractor. Section 18-59(f) of that Article III of Chapter 18 provides, in part, "If the City Manager determines that the Contractor has failed to comply with the provisions of the Contract, the City Manager shall notify the Contractor in writing of the deficiencies. The Contractor shall have 14 days, or such time as specified in the Contract, to cure the deficiencies or establish that there are no deficiencies." It is stipulated and agreed that those two quoted sentences apply only to the Contractor’s alleged violations of its obligations under Article III of Chapter 18 and not to the Contractor’s alleged violations of other obligations.

§ 13.8 Notice of City Policy THE CITY OPPOSES DISCRIMINATION ON THE BASIS OF RACE AND SEX AND URGES ALL OF ITS CONTRACTORS TO PROVIDE A FAIR OPPORTUNITY FOR MINORITIES AND WOMEN TO PARTICIPATE IN THEIR WORK FORCE AND AS SUBCONTRACTORS AND VENDORS UNDER CITY CONTRACTS.

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; or, .3 Because the Owner has not issued a Certificate for Payment and has not notified the Contractor of the good faith basis for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less.

§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ written notice to the Owner, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages.

§ 14.1.4 The notices referred to in this Article 14 shall state the reasons and grounds for the termination. The reasons and grounds for termination by the Contractor set forth in Article 14 are exclusive. Those reasons and grounds shall not constitute reasons or grounds for termination by the Contractor if a substantial cure occurs within seven days after the Owner receives notice of proposed termination.

§ 14.1.5 If an extension of Contract Time has been granted because of a circumstance set forth in Subparagraph 14.1.1, the period of that extension shall be not be counted towards the 60-day period created in the first clause of Subparagraph 14.1.1.

§ 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; .4 becomes insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency; .5 fails to make satisfactory progress, as defined in this § 14.2, on the Project; or .6 otherwise has committed a breach of the Contract, including, but not limited to, failure of Contractor to: timely commence the Work, or to prosecute the Work in a diligent and skillful manner, or to complete the Work in accordance with the schedule for the Work, or to complete the Work on or before any date established for Substantial Completion of the entire Work (or any applicable designated portion thereof) or Final Completion.

§ 14.2.2 When any of the above reasons exist, the Owner, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the Site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. Non-exercise of the Owner’s rights under this Subparagraph 14.2.2 shall not be considered a failure to mitigate damages, nor shall it be the grounds for any claim against the Owner. In the notice, the Owner may specify when the termination is effective or it may state that the termination shall be effective upon additional notice as specified in the notice.

§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished.

§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Owner’s costs and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract.

§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine.

§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract.

§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may terminate this Contract without cause upon at least seven (7) days’ written notice to the Contractor and the Contractor’s surety, if any. In that notice (the "First Notice"), the Owner may specify when the termination is effective or it may state that the termination shall be effective upon additional notice as specified in the First Notice. .1 Termination under this paragraph shall not release either the Contractor or its surety from liability or responsibility for any default or other transaction or occurrence prior to the date of termination and demobilization from the Project.

§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.

§ 14.4.3 COMPENSATION FOR TERMINATION FOR CONVENIENCE As full compensation due to Contractor for any termination for convenience, including any amounts due to a Subcontractor on account of such termination, Owner shall pay Contractor the following amounts:

.1 Cost of the Work, as defined under this Agreement, incurred to the date of termination; .2 Contract Compliance costs (i) incurred prior to termination in preparing to perform and in performing the terminated portion of the Work or this Agreement, and (ii) incurred in terminating Contractor’s or Subcontractors’ performance; and, .3 Reasonable costs of settling and paying claims arising out of the termination of Subcontracts or orders pursuant to the order of termination.

§ 14.4.4 The total sum to be paid the Contractor under § 14.4.3 shall not exceed the Contract Sum of the terminated Project, as properly adjusted, reduced by the amounts of payments otherwise made, and shall in no event include duplication of payment.

§ 14.4.5 In no event shall Contractor be entitled to recover from Owner, on its own account or on behalf of a Subcontractor, lost profits or other consequential damages, whether its own or those of a Subcontractor, on account of a termination for convenience or an erroneous termination for cause.

§ 14.4.6 (Goods Intended for the Work) With respect to goods that the Contractor has ordered that are demonstrably intended for the Work -- .1 Contractor shall, as soon as practicable after receiving a notice from Owner pursuant to Paragraph 14.4.1, give the Owner written notice of the entire text of the contracts and other documents by which the goods were ordered, showing the cost, delivery dates, and all terms and conditions (including those relating to ordering and canceling). .2 The Owner shall have the following options: (a) to direct the Contractor to cancel any one or more orders, in which case the Owner shall be liable for cancellation and restocking charges and other charges properly attributable to the cancellation; or (b) to direct the Contractor to keep any one or

more orders in effect and/or to assign any one or more orders to the Owner, in which case the Owner shall be responsible for bearing the costs of the order. .3 Within 10 days of the Owner’s receiving notice under .1 above, the Owner shall give the Contractor notice of which options it exercises under .2. The Owner shall bear the losses suffered by the Contractor with respect to orders for which the Owner fails to give that notice within that 10-day period as if the Contractor had taken whatever action as is appropriate to keep the costs to the Owner at a minimum. .4 The Contractor and the Owner shall cooperate in good faith to carry out the provisions of this Subparagraph 14.4.1 efficiently and without imposing unnecessary costs on either party. .5 Notices given under this Subparagraph 14.4.1 shall comply with Subparagraph 13.3.1 and shall be given by fax (pursuant to 13.3.1(c)) and also by either 13.3(a) or (b).

ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim.

§ 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later and same shall set forth in detail all known facts supporting the claim.

§ 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Owner will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.

§ 15.1.4 CLAIMS FOR ADDITIONAL COST In the event Contractor seeks to make a claim for an increase in its compensation, or an adjustment of the Contract Sum, or both, then as a condition precedent to any liability of Owner therefor, Contractor shall strictly comply with the requirements of paragraph 15.1.2 and 15.2 and such claim shall be made by Contractor before proceeding to execute any additional or changed work. Failure to satisfy this condition precedent shall constitute a waiver by Contractor of any claim for additional compensation. Any liability of Owner for additional costs to Contractor shall be strictly limited to actual and reasonable direct costs incurred by Contractor and shall in no event include indirect costs or consequential damages of Contractor or others. Absent a Change Order, Owner shall not be liable to Contractor for claims of third parties, including Subcontractors, unless and until liability of the Contractor has been established therefor in a court of competent jurisdiction. No change in Contractor’s compensation, nor adjustment of the Contract Sum, shall be made except by Change Order issued in accordance with the terms of this Agreement. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. .1 The Contractor shall retain all bid documents and estimates, including its subcontractors and suppliers, so as to provide a reference, if needed by the Owner, to confirm issues of cost in a claim. .2 The Contractor shall not act on instructions received by it from persons other than the Owner, and any claims for extra compensation or extension of time on account of such instruction will not be honored. The Owner will not be responsible for misunderstandings claimed by the Contractor of verbal instructions which have not been confirmed in writing, and in no case shall instructions be interpreted as permitting a departure from the Contract Documents unless such instruction is confirmed in writing and supported by a properly authorized Change Order. .3 If the parties are unable to agree to the reasonable cost and time to perform the change, or are unable to agree as to whether a change occurred, the Owner shall make a unilateral determination regarding the basis of proceeding, subject to dispute resolution at a later time. The Contractor shall proceed with the Work as directed by the Owner.

.4 Should a claim for an increase in the Contract Sum by the Contractor be denied by the Owner, the Contractor may request mediation in connection with the dispute resolution rules adopted for this Project.

§ 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. If Contractor makes any claim for delay, Contractor shall specifically set forth how and why the delay in question affected the critical path, including submission of a time impact analysis based upon the most recently submitted schedule. .1 No claim for an increase in the contract time shall be considered unless the Contractor shall include with its statement of claim a time impact analysis of the critical path. The Contractor shall provide a fragmentary critical path method network ("FRAGNET") presentation, clearly showing the impact on the critical path. The time extension requested by the Contractor shall be limited to the days of delay shown on the time impact analysis. .2 The Contractor shall not be entitled to any extension of the contract period unless the delay affected the end date or milestone as shown by a time impact analysis based upon the approved CPM schedule submitted with the Application for Payment immediately preceding the date of the delaying event or occurrence. .3 Each time impact analysis shall provide information justifying the request and stating the extent of the adjustment requested for each specific change or alleged delay. The time impact analysis shall be provided to the Owner at no cost. Each time impact analysis shall be in a form and content reasonably acceptable to the Owner, and shall include, but not be limited to, the general information set forth in this section appropriate to the type of request (i.e., change or alleged delay), plus the following: .1 A fragmentary CPM network ("FRAGNET") illustrating how the Contractor proposes to have the change or alleged delay incorporated into the current project schedule and; .2 Identification of the preceding and succeeding activities in the current project schedule to which the FRAGNET is to be connected, together with engineering estimates and other appropriate data justifying the proposal. .3 The analysis shall clearly show that the Contractor has used in full all the activity float time available for the work involved in this request. .4 The time impact analysis shall be based upon the dates when the alleged delay or delays began, the status of the work at that time, and shall include time computations for all affected activities. .4 Notwithstanding anything else contained in this Article or elsewhere, Contractor shall not be entitled to an extension of time unless it can show that the abnormal weather or site conditions specifically affected the critical path, and it meets all of the requirements for such a claim under this Agreement. Time extensions will not be granted for rain, wind, snow or other natural phenomena of normal intensity for the locality where Work is performed. For purpose of determining the extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for the contract period involved with the average of the preceding twenty (20) year climatic range during the same time interval based on the National Oceanic and Atmospheric Administration National Weather Service statistics for the locality where Work is performed and on daily weather logs kept on the job site by the Contractor reflecting the effect of the weather on progress of the Work and initialed by the Owner. .5 Only delays which are determined by the Owner to extend the critical path of the schedule will result in a time extension. Neither the Owner nor the Contractor shall be considered to own the schedule float time. Nothing in this provision, however, shall entitle the Contractor to an additional time or compensation for a delay that prevents the Contractor from completing the project prior to the original contract period, as adjusted by Change Orders. .6 Defaults or other breaches of any legal duty by a Subcontractor shall not be grounds for a time extension under the Agreement. .7 No claim shall be allowed on account of failure of the Owner to furnish drawings or instructions until fourteen (14) days after demand for such drawings and/or instructions.

§15.1.5.2 A basis exists for an extension of time if the Contractor is delayed in performing the Work, but only to the extent that delays are unforeseeable, unavoidable, beyond the control and without fault or negligence, in whole or in part, of the Contractor, and its subcontractors, sub-subcontractors, and suppliers at every tier, and to the extent that the delays directly impact the Contractor’s ability to achieve completion of the Work in accordance with the time requirements set forth herein (taking into account extensions of time approved in accordance with this Agreement). Assessment of the existence of the basis for a time extension shall be determined by an examination of whether the delay event affects the critical path of the Project. A basis exists for an extension of time only if (a) the aforesaid criteria are met, (b) the delays cannot be made up by reasonable efforts which otherwise do not increase the cost of the Work, and (c) said delays stem from the following causes: .1 an act or failure to act on the part of the Owner, any consultant of the Owner, employee of the Owner or separate Contractor of the Owner constituting a breach of Owner’s obligations under the Contract Documents or an injunction or other Court Order against Owner or Owner’s representatives; .2 All causes of delay other than an act or failure to act on the part of the Owner, or Owner’s Consultants, including but not limited to, adverse weather, acts of God, riots, civil commotions, acts of War, unavoidable casualties to work in progress, epidemics, quarantine restrictions, organized labor disputes, freight embargoes, unanticipated and undiscoverable environmental issues, or other causes traditionally defined as a force majeure. .3 Changes in the work.

§15.1.5.3 If the basis exists for an extension of time as set forth above, and the Contractor has timely submitted a written claim documenting the basis for such extension as set forth herein, Owner may either: .1 Accept a reasonable and appropriate time extension to cover the actual delay to the critical path of the Work, and, in the case of a cause identified in Section 15.1.5.2.1, grant a corresponding adjustment in the Contract Sum; .2 Accept a reasonable and appropriate time extension to cover the actual delay to the critical path of the Work, and in the case of a cause identified in Section 15.1.5.2.1 there will be no corresponding adjustment in the Contract Sum, and the sole recourse of Contractor will be an entitlement to a time extension regardless of actual sources or cause of delay; .3 Submit a written Change Order to the Contractor to accelerate construction activity by working overtime and by adding extra forces in order to overcome such delays, after the submission to Owner of a good faith estimate of the costs of such acceleration and adjusting the Contract Sum to compensate Contractor for such directed acceleration; however, direct costs used in determining such compensation shall be limited to properly substantiated and document premium or overtime labor costs. The Contractor shall not be entitled to receive any compensation for such acceleration of construction activities, unless the acceleration is performed pursuant to a written Change Order from the Owner; or .4 Employ a combination of the above remedies.

§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction.

§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES [Intentionally deleted]

§ 15.1.7 LIQUIDATED DAMAGES The amounts stated as liquidated damages are agreed to be reasonable estimates of Owner’s losses and expenses for delays, including inspections, architectural and engineering services, and administrative costs. If any part of those delays is caused by Owner, liquidated damages shall not be charged for the portion of the delay time that was caused by Owner but shall be charged for the portion not so caused. In its discretion, the Owner may waive some or all liquidated damages against the Contractor. Such a waiver is valid only

§ 15.1.8 CONCURRENT DELAYS To the extent that any event, instruction, condition, or circumstance that would otherwise entitle the Contractor to additional time and delay costs as defined above occurs concurrently with any delaying event that would not entitle the Contractor to additional time or compensation or an adjustment of the Contract Sum, the Contractor and Owner agree that an extension of the contract completion time is the Contractor’s sole and exclusive remedy. The Contractor hereby waives any right or entitlement to additional compensation for such delay and the Owner waives any right to liquidated damages for the period of concurrent delay.

§ 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3 and 10.4, shall be referred to the Initial Decision Maker for initial decision. The Owner will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to the dispute resolution process of Section 15.3 of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner.

§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim.

§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense.

§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon

receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part.

§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Owner, if the Owner is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to the dispute resolution process pursuant to Section 15.3.

§ 15.2.6 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.

§ 15.2.7 The decision of the Initial Decision Maker in response to a Claim shall not be a condition precedent to the dispute resolution process in the event the positions of the Initial Decision Maker is vacant. § 15.3 DISPUTE RESOLUTION PROCESS § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to the dispute resolution process under Section 15.3.2 as a condition precedent to initiating any civil action against the Owner in a forum of competent jurisdiction.

§ 15.3.2 Any party allowed to use the dispute resolution process adopted by the State Building Commission pursuant to G. S. 143-135.26(11) and G. S. 143-128(f1) shall participate in mediation pursuant to the DR process as a precondition to initiating litigation concerning the dispute. The amount of $15,000 or more must be at issue before a party may require other parties to participate in the DR process. The costs of the DR process shall be divided between the parties to the dispute with at least one-third of the cost to be paid by the Owner, if the Owner is a party to the dispute.

§ 15.4 ARBITRATION The Contractor and the Owner shall not be obligated to use arbitration to settle any controversy or Claim arising out of or related to the Contract or the breach thereof. Any provision in any place in the Contract Documents to the effect that either of those parties is bound by arbitration is void. This Section 15.4 does not affect the Owner’s authority as allowed by the Contract Documents.

CITY OF DURHAM SUBCONTRACTOR MONTHLY RECORD OF PAYMENT REPORT

THIS DOCUMENT MUST REFLECT ALL SUBCONTRACTORS & MUST BE SUBMITTED WITH MONTHLY INVOICE FOR PAYMENT PROJECT NAME: Pineywood Athletic Courts Renovation CONTRACT#: DATE FORM SUBMITTED: WORK PERIOD ENDING: COMPANY NAME: ADDRESS:

FEDERAL TAX ID#: CONTACT PERSON:

Total Amount Total Percentage Subcontractor/Vendor ID Indicate Sub- Paid Amount Of Scheduled Scheduled (Street Address/Zip/Telephone) Ownership Description Of Work Contract For The Paid Work Start End Status Amount Period To-Date Completed Date Date

Total M/SDBE Subcontracts Awarded/% $ % Total W/SDBE Subcontracts Awarded/% $ % Total M/SDBE Dollars Paid-To-Date/% $ % Total W/SDBE Dollars Paid-To-Date/% $ % Total Non-Minority Subcontracts Awarded/% $ % Total Non-W/SDBE Subcontracts $ % Awarded/% Total Non-Minority Dollars Paid-To-Date/% $ % Total Non W/SDBE Dollars Paid-To- $ % Date/%

The undersigned certifies that the information recorded above is correct, and that each of the representations set forth above is true. The undersigned further acknowledges that any misrepresentation hereon may result in termination of contract and/or prosecution under applicable Federal and State laws concerning false statements and false claims.

Company Representative______Title: ______Date: ______SMRPR 10/01/03 CITY OF DURHAM Equal Business Opportunity Program Final Subcontracting Report THIS FORM MUST BE COMPLETED AND SUBMITTED TO THE PROJECT/CONTRACT ADMINISTRATOR FOR SUBMITTAL TO THE EO/EA DEPARTMENT WITHIN FIFTEEN (15) DAYS AFTER FINAL INSPECTION OF CONTRACT WORK.

Company Name: ______Project Name: ______

Address: ______

Federal Tax ID#:______Date Submitted:______

Date of Final Inspection______Total Final Contract Price:______

The following subcontractors performed work on the above project:

% OF TOTAL TYPE OF WORK COMPANY NAME/ADRESS FINAL PRICE CONTRACT PRICE

Signature of Company Representative______

Title: ______Date: ______

Contract Compliance ____Approved ____Denied

Signature:______NOTICE ON REIMBURSEMENT FOR SALES AND USE TAX

For purposes of this section, the phrase “Sales Taxes” means sales 3. How is a Contractor to be reimbursed for Sales and use taxes paid to the State of North Carolina or to local governments in Taxes? The Contractor must complete and submit the Reimbursable Sales North Carolina. and Use Tax Statement form in the contract documents. The Contractor shall also provide invoices to substantiate the information on that form. If the State The City is entitled to refunds from the State of North Carolina of refuses to refund any such Sales Tax to the City, or if after a refund is made, the certain Sales Taxes. If the person, firm, or corporation (referred to as the City is told to return a refund to the State (both types referred to as “failed Contractor) that performs under the contract with the City pays Sales Taxes, refunds”), the Contractor shall upon demand repay the City for the amount of and those are Sales Taxes for which the State will grant a refund to the City, the failed refunds. the Contractor is allowed to obtain reimbursement from the City by following these instructions. The City will reimburse the Contractor, and the 4. When is a Contractor allowed to seek City later obtains a refund from the State. reimbursement? The Contractor may seek reimbursement separately from, but at the same time as, the application for payment is made for the properties 1. What Sales Taxes are to be excluded from dollar that were taxed. The Contractor shall not file for reimbursement for Sales amounts of a bid or proposal? Reimbursable Sales Taxes as Taxes before the Contractor has the right to file an application for payment for described below are to be excluded from bids and proposals -- whether in the properties that were taxed. lump sum amounts, units prices, extensions, or otherwise. 5. How are Sales Taxes paid by a subcontractor 2. What Sales Taxes are reimbursable? Sales Taxes handled? The form titled “Reimbursable Sales and Use Tax Statement by are reimbursable if they are paid on purchases of building materials, Subcontractor” is used. The subcontractor completes and signs that form for its supplies, fixtures, and equipment that become a part of or annexed to any purchases, and then gives the form to the Contractor. The Contractor submits it building or structure that is owned or leased by the City and is being erected, along with the Contractor’s pay application for the properties listed on that altered, or repaired for use by the City. Examples of taxes that cannot be form. The City will make the reimbursement payable to the Contractor. reimbursed are taxes paid for scaffolding, tools, equipment repair parts, Except for those differences, the answers to all the questions on this page still equipment rentals, forms for concrete, or fuel to operate machinery or apply whether the Subcontractor or the Contractor completes and signs the equipment. form.

RW 022304

ST-1 Reimbursable Sales and Use Tax Statement by Subcontractor

This line to be completed by Contractor: Payment Application No. Estimate No. Name of Contractor: Name of Subcontractor: Project:

1. Type of 2. Date 3. Name of vendor 4. Invoice 5. Date of invoice 6.County in which 7.Taxable 8. Amount of 9. Amount of 10. Transit Tax 11. Total of property property number purchased- Over the Amount State sales and use local sales and (Durham, columns 8, 9 & purchased * purchased Counter or Shipped To taxes paid use taxes paid Mecklenburg, Orange, 10 (see note below) Wake (.005)

$0.00

ST-2 Grand totals of columns 8, 9, & 10 for all pages of this pay application/estimate. $0.00 $0.00 $0.00 $0.00

Notes: * If the invoice clearly specifies the property for which tax reimbursement is being requested, you need not list the property on this form. ** In column 6, if not purchased in N. C., write Not in N.C. Add extra pages as needed. Total number of pages, including this page, in this request: 2 Do not include invoices in that page count. In addition to the pages referred to above, invoices that substantiate this statement are attached. CERTIFICATION: The undersigned individual certifies (1) he or she is an employee or principal of the Contractor that is filing this form with the City to request reimbursement for N. C. State and local sales and use taxes that the Contractor has paid, (2) all of the properties listed above, and on all pages, if any, added to this page, and designated on the attached invoices, are building materials, supplies, fixtures, and equipment that have become or will become a part of or annexed to a building or structure that is owned or leased by the City of Durham and is being erected, altered, or repaired for use by the City of Durham in the project named above, (3) no tax on scaffolding, tools, equipment repair parts, equipment rentals, forms for concrete, or fuel to operate machinery or equipment is included, and (4) all of the information on this form, and on all pages, if any, added to this page, is true.

signature of individual typed or printed name of individual

Sworn to and subscribed before me, this _____ day of ______, 20____.

My commission expires: Notary Public

ST-3 Reimbursable Sales and Use Tax Statement, Continuation page 1. Type of 2. Date 3. Name of vendor 4. Invoice 5. Date of invoice 6.County in which 7.Taxable 8. Amount of 9. Amount of 10. Transit Tax 11. Total of property property number purchased- Over the Amount State sales and use local sales and (Durham, columns 8, 9 & purchased * purchased Counter or Shipped To taxes paid use taxes paid Mecklenburg, Orange, 10 (see note below) Wake (.005)

$0.00 $0.00

$0.00 $0.00 $0.00 $0.00

$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Enter totals of columns 8, 9, & 10, added to totals from all pages, into page 1. This page is used whether page 1 is signed by the Contractor or the Subcontractor.

Note: The County will be the county that the item was purchased over the counter (ex. in store purchase) or where it was shipped to to be used (ex. Purchased over the phone and shipped to Durham). Transit Tax is only in Durham, Mecklenburg, & Durham (.005). ** In column 6, if not purchased in N. C., write Not in N.C. and total all out of NC invoices in one line.

ST-4 Reimbursable Sales and Use Tax Statement by Subcontractor

This line to be completed by Contractor: Payment Application No. Estimate No. Name of Contractor: Name of Subcontractor: Project:

$0.00

$0.00 $0.00 $0.00

Grand totals of columns 8, 9, & 10 for all pages of this pay application/estimate. $0.00 $0.00 $0.00

Add extra pages as needed. Total number of pages, including this page, in this request: 2 Do not include invoices in that page count. In addition to the pages referred to above, invoices that substantiate this statement are attached.

ST-5 CERTIFICATION: The undersigned individual certifies (1) he or she is an employee or principal of the Subcontractor that is submitting this form with the Contractor so that the Contractor may request reimbursement for N. C. State and local sales and use taxes that the Subcontractor has paid, (2) all of the properties listed above, and on all pages, if any, added to this page, and designated on the attached invoices, are building materials, supplies, fixtures, and equipment that have become or will become a part of or annexed to a building or structure that is owned or leased by the City of Durham and is being erected, altered, or repaired for use by the City of Durham in the project named above, (3) no tax on scaffolding, tools, equipment repair parts, equipment rentals, forms for concrete, or fuel to operate machinery or equipment is included, and (4) all of the information on this form, and on all pages, if any, added to this page, is true.

signature of individual Typed or printed name of individual

Sworn to and subscribed before me, this _____ day of ______, 20____.

My commission expires: Notary Public

ST-6 CITY OF DURHAM General Services Department 2011 FAY STREET | DURHAM, NC 27704 919.560.4197 | F 919.560.4970

www.DurhamNC.gov

City of Durham North Carolina Contract Change Order

Project Data Cause Code Change Order Number: CMO1-Conditions:Unforeseen Date: CMO2-Weather: Delays or Damage Project Name: CMO3-Error: Design Error/Omission Contract Number: CM04-Regs: Change in regulatory requirement Contractor : CM05-Materials: Materials or equipment unavailable Project Manager: CMO6-Aesthetic: Owner requested changes CMO7-Operation: Owner requested changes CMO8-Other Description of Change The Contract is changed as follows: Under the terms of the contract and without invalidating the original provisions thereof, the following change(s) in work is (are) authorized for the change in Contract Sum herein set forth (include detailed cost breakdown of labor and materials, including sales and use tax breakouts, and a detailed analysis supporting requirements for a change in Contract Time): The Contractor shall provide all labor, materials and equipment required to provide the following: Code Description Amount

Contract Cost Summary Original Contract Sum Net change by previously authorized Change Orders The Contract Sum prior to the Change Order was The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the amount of The new Contract Sum including this Change Order will be The new Contract Time will be (increased) (decreased) (unchanged) by days The date of Substantial Completion as of this Change Order therefore is

E-Verify Requirements. (a) If this contract is awarded pursuant to North Carolina General Statutes (NCGS) 143-129 – (i) the contractor represents and covenants that the contractor and its subcontractors comply with the requirements of Article 2 of Chapter 64 of the NCGS; (ii) the words "contractor," "contractor’s subcontractors," and "comply" as used in this subsection (a) shall have the meanings intended by NCGS 143-129(j); and (iii) the City is relying on this subsection (a) in entering into this contract. (b) If this contract is subject to NCGS 143-133.3, the contractor and its subcontractors shall comply with the requirements of Article 2 of Chapter 64 of the NCGS. Surety Authorization Contractor hereby certifies that its bonding company will be notified forthwith that the contract has been (increased) (decreased) by the amount of this change order, and that a copy of the approved change order will be mailed upon receipt by the Contractor to its surety.

Except as set forth above, all terms and conditions of the Contract and all prior change orders remain in full force and effect. Execution of this change order by the Contractor and Owner constitutes a binding agreement that no adjustment in the Contract Sum or Contract Time shall be made as a result of the foregoing change(s), except as provided herein.

Durham – Where Great Things Happen CITY OF DURHAM General Services Department 2011 FAY STREET | DURHAM, NC 27704 919.560.4197 | F 919.560.4970

www.DurhamNC.gov

IN WITNESS WHEREOF, this change order is executed under seal by the duly authorized officers of the City and the Contractor.

Preaudit certificate if applicable.

ATTEST CITY OF DURHAM

Contractor By

Address Date

Certification of Architect I hereby certify that I have reviewed all aspects of this change order and have determined that it is in the best interest of the Owner to have the Work accomplished. I have also determined that the cost and time allotment are fair and equitable, and I recommend acceptance by the Owner. Architect By Address Date

Durham – Where Great Things Happen CLAIM FOR ADDITIONAL TIME ON THE BASIS OF ADVERSE WEATHER CONDITIONS

Contractor ______

Claim for the week beginning Monday, ______, 20____

The Contractor hereby requests that the Contract Time be increased by ______days because of weather conditions during the week specified above. The Contractor makes a claim that weather conditions had an adverse effect on the scheduled construction during that week, that the weather conditions were abnormal for that week, and that the weather conditions could not have been reasonably anticipated. If the claim is on the basis of precipitation and/or temperature, the Contractor must attach records from the National Weather Service showing that the precipitation and/or temperature qualifies under the chart in Subparagraph 4.3.8.2 of the Supplementary Conditions, in addition to filling out this page. In addition, the Contractor must provide support for its assertion that the weather conditions had an adverse effect on the scheduled construction. For example, the Contractor may need to address whether scheduled outside work could have been postponed, with effort shifted to inside work. In order to make a claim for inclement weather days, this form must be submitted by the 10th day of the month after the month as to which the claim is made. For instance, if the delays occurred in January, this form is due by February 10. In order to make this claim for Saturdays, Sundays, and City of Durham holidays, the Contractor must have notified the City representative (Project Manager) by 3:30 PM o’clock three days in advance of the day of the Contractor’s intent to work on a specific Saturday, Sunday, or holiday. For example, to make the claim for Saturday, the Contractor must have notified the City representative (Project Manager) by 3:30 PM on the preceding Wednesday of the Contractor’s intent to work on Saturday. Notwithstanding Supplementary Conditions Subparagraph 8.1.4, if the day on which notice is to be given under this paragraph is a Saturday, Sunday, or City of Durham holiday, the notice shall be given by the first day before that day that is not a Saturday, Sunday, or City of Durham holiday. For example, if the Contractor intends to work on Saturday but the Wednesday before that Saturday is a holiday, the notice must be given by Tuesday at 3:30 PM (assuming Tuesday is not a holiday.)

If this is a precipitation claim, If this is a temperature claim, what was the total precipitation what was the maximum this day according to the temperature reached this day National Weather Service? according to the National Weather Service? Monday Tuesday Wednesday Thursday Friday Saturday Sunday

CLAIM FOR ADDITIONAL TIME CLAIM FOR ADDITIONAL TIME ON THE BASIS OF ADVERSE WEATHER CONDITIONS, page 2

______, 20_____ Date of this claim

______Signature of Contractor

______Title

In response to this claim, the consultant/Architect recommends that the Contract Time be extended by ______days.

______, 20____ consultant/Architect

In response to this claim, the City of Durham extends the Contract Time by ______days.

______, 20____ City of Durham representative (Project Manager)

If the Contract Time is extended by the time requested by the Contractor, this document is a change order. If the Contract Time is extended by less than the time requested by the Contractor, the signature of the Contractor below signifies that this document is a change order.

______, 20____ Signature of Contractor

______Title

If this form does not become a change order, see General Conditions Subparagraph 7.3.8.

CLAIM FOR ADDITIONAL TIME City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 01000 – SCOPE OF WORK

PART 1 – GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 and Division 2 Specification Sections, apply to this Section. 1.2 WORK COVERED BY CONTRACT DOCUMENTS

A. Project Identification: Athletic Courts Renovation – Piney Wood Park

i. Project Location: The project work will occur within the limits of disturbance at

Piney Wood Park 400 E. Woodcroft Pkwy Durham, NC 27713

B. Owner: City of Durham, North Carolina

C. Work under other contracts: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. Coordinate the Work of this Contract with work performed under separate contracts.

1.3 PROJECT REQUIREMENTS

1. Project Duration: Project duration for the base bid work shall be One Hundred Twenty (120) consecutive calendar days.

2. Field Verify: Contract shall field verify all measurements and locations of existing features prior to initiation of any grading or demolition activity.

3. Site Preparation: Provide whatever means necessary to protect all existing park features to remain, including existing structures, light poles, underground conduit/wires, walkways and drives, grass, and plantings. Temporary construction fencing recommended around area perimeter at the site. Contractor is responsible for providing any water needed at the site. Any damage as a result of construction will be repaired or replaced at the contractor’s expense. It is the contractor’s responsibility to document existing conditions in the event of a damage claim by the user of the facility or Owner’s Representative.

4. Cleaning up: All soil, paint and asphalt residue as a result of construction shall be cleaned from all walkways and construction areas. The construction site will be cleaned of all debris and excess asphalt material as well as seeded and mulched as necessary to provide 95% ground cover. All removed material shall be recycled or disposed of off-site. Contractor is responsible for all dumping fees.

5. Material verification: At any point during the Project, the Owner’s Representative has the right to request tickets or receipts verifying the quantities of materials used for the project.

SCOPE OF WORK 01000 - 1 City of Durham Athletic Courts Renovation – Piney Wood Park

Grading & Drainage Plan

SCOPE OF WORK 01000 - 2 City of Durham Athletic Courts Renovation – Piney Wood Park

Grading & Drainage Plan

SCOPE OF WORK 01000 - 3 NOTE:

GRASS SWALE SLOPED AT I% MINIMUM RECOMMENDED 5'-0"+ 5'-0"+ RECOMMEND FINISH GRADE OF PICKLEBALL COURT 2"+ HIGHER THAN FINISHED GRADE OF GRASS AREA ( COURT g�lJ��E NOTE: M GRASS SWALE SLOPED AT - . I% MINIMUM RECOMMENDED BOTTOM OF SWALE BELOW BOTTOM OF COURT STONE BASE

GRASS DRAINAGE SWALE (OPEN TYPE DRAIN SYSTEM)

1 2

SECTIONS - DRAINAGE @ COURT EDGES City of Durham Athletic Courts Renovation – Piney Wood Park

Court circuit to be renovated

SCOPE OF WORK 01000 - 4 New Sidewalk Piney Wood Pickleball Layout New Sidewalk

Gate 1 Gate 2 Gate 3 5'

252 ' 5' 11ft 11ft

Court 7 Court 6 Court 5 Court 4 Court 3 Court 2 Court 1

Court 1Court 1 8ft 16ft 16ft 8ft 16ft 16t *removable posts 16ft 16ft 132' 11ft 11ft

Gate 4 5' 5' Gate 5 Gate 6 5' 5' Gate 7 5' 5' 5' 5' 11ft 11ft

Court 14 Court 13 Court 12 Court 11 Court 10 Court 9 Court 8

8ft 16ft 16ft 8ft 8ft 16ft 16ft 8ft

8ft 8ft

11ft 11ft Wind screen 5' 5'

Notes: 1. Perimeter fencing is 10 feet high. 4. Court 4 has removable posts with protective coverplates. 2. Divider fence i s 6 feet high and 54 feet long. 5. New Sidewalk to join existing on SW side of courts. 3. Divider fence has a bar on top along with protective foam covering. City of Durham Athletic Courts Renovation – Piney Wood Park a. Protect all existing, perimeter light posts and underground conduit/wires. b. Remove and dispose of the perimeter chain link fencing fabric and posts. The contractor shall obtain a price for recycling all of the metal and deduct the savings from the base bid. c. Clear vegetation including trees less than 6” caliper, brush, shrubs, and herbaceous vegetation 10’ from the proposed pavement edge on all sides of the circuit. Grub all roots. Perform tree limb clearing 5’ from the court edge on all sides of the circuit. This work shall be done prior to beginning finish base grading and asphalt work. d. Remove existing rubber court surface, net posts, sleeves, net post foundations and center strap anchors. e. Prepare site for asphalt by stabilizing the base. Soil stabilization (Full Depth Reclamation or FDR) shall include asphalt removal as necessary, subsurface manipulation, grading, and compaction. Contractor is responsible for insuring that walks connecting to the pickleball courts and access to adjacent amenities meet ADA standards if the elevation of the court is raised. Remaining asphalt is to be pulverized and blended with the existing base according to Section 321250 Full-Depth Reclamation (FDR). All roots encountered under the courts are to be removed. Material shall be added as necessary to establish a 12” wide apron around the entire court beyond the new perimeter fence location. As per the FDR specification, 5% Portland cement shall be incorporated into the new base at a rate of 65 lb/SY and to a depth of 12”.

f. The base will be graded, watered as required, compacted and then fine graded to establish planarity and minimum tolerances. Contractor is responsible for providing water. g. Once cured, the site shall be proof rolled. The City of Durham is responsible for contracting with a 3rd party Professional Engineer for site testing. The Contractor, PE, and Owner shall be present for all proof rolls. Areas not meeting compaction minimum tolerances, as per Section 321250 – Full Depth Reclamation specification, will be marked and remediated as necessary, including through the addition and mixing of additional Portland Cement to a greater depth, to achieve minimum tolerances OR removal of failed material and subbase and replacement with CABC compacted to 98% proctor. The Contractor shall provide a statement sealed by a Professional Engineer confirming that all work complies with compaction requirements. h. Once compaction requirements are met and prior to installing new asphalt, concrete pickleball net post footings and sleeves shall be installed.

i. New asphalt shall be applied in two 1 ½” lift increments for a total asphalt overlay of 3” as per Section 02513- Asphalt Athletic Court Paving specification.

j. The succeeding strip of asphalt be placed prior to rolling the longitudinal joint between the two strips.

k. ADA access must be maintained at the pedestrian gate and concrete sidewalk leading to the courts. Maximum slope at the gate is @2%.

l. Re-grade perimeter of courts (minimum of 36” outside of pavement) to provide positive drainage away from courts and to meet new asphalt apron elevation and edge.

m. Color top coats – Courts are to be thoroughly cleaned in preparation for court surfacing. Color top coats are to be applied per manufacturer’s details and Section 32-02541 Acrylic Court Surfacing. Finished surfaces shall have even and consistent color throughout a color panel or line without holidays, or other evidence of poor applications. Spot painting to correct soiled or damaged paint surfaces shall be blended into surrounding finish so that it will not be visible to normal viewing. Edges of paint adjoining other materials or colors shall be sharp and clean, without overlapping. SCOPE OF WORK 01000 - 6 City of Durham Athletic Courts Renovation – Piney Wood Park m. Upon proper curing time of the top coats, pickleball line striping will be applied for four (14) pickleball courts. Reference the Pickleball layout Plan, page 01000-5 and Court Dimensons & Line Tolerances, page 01000-8 of Scope of Work. n. Court lines should be white and 2 inches wide. Follow the USAPA Pickleball guidelines for line tolerances. See drawing on 01000-10 for reference. o. LINE LAYOUT MUST BE REVIEWED IN THE FIELD BY THE OWNER PRIOR TO PAINTING. p. Install new net posts, center strap anchors, that conform to USAPA Pickleball court certification standards. USAPA Pickleball net Specification i. 22’ feet wide covers the minimum 20’ allowance, plus the 12 inches to clear the post on each side ii. Height prescribed is 36 inches at the court sidelines and 34 inches in the center iii. Mesh size (the size of the ‘holes’ in the net) should be small enough that a regulation pickleball ball cannot pass through the net iv. Net should have a 2 inch white band at the top that covers a cable or cord v. Posts must be placed 12 inches outside the sideline q. Install new black vinyl coated perimeter fencing posts, hardware, ADA accessible gates, and fence fabric. r. Install 2 (two) interior 6ft fence and 12 (twelve) interior 4ft fence with new black vinyl coated perimeter fencing posts, hardware, ADA accessible gates,and fence fabric. All 4ft interior fencing should have Safefoam - 2" Tubular Padding for Fence and Poles protective covering. s. All fencing materials are to be black vinyl coated including all gates, hinges and hardware. Any painted fence components will be rejected by the Owner and the components will be replaced with vinyl-coated components at the General Contractor’s expense.

t. The height for the fence posts shall be set with the contour of the courts to maintain a 1” clearance from the court to the bottom of the fence fabric. Use a 1” thick board when installing fence fabric to ensure that this clearance is achieved. u. The fence posts should be set at a height so that there is one-half of the fence mesh diamond above the top horizontal fence rail. v. The asphalt at the base of each perimeter fence post must be smooth and flush with the court surface. w. All perimeter fence gates shall not have a mid-rail and swing out from the courts. The gates will clear all surfaces by a minimum of 1-13/4” to prevent surface damage.

x. Provide clean backfill to transition from the court surface to adjacent grade. Seed and straw all disturbed and cleared areas and keep watered until grass is established.

y. Install 14 (Fourteen), Court Numbers, on the perimeter fence, facing into the courts, with one for each court as numbered on the site plan. Submit product for owner approval prior to ordering. Reference 01000- Court Signage. z. The use of RAP for the asphalt paving shall be prohibited. Asphalt should be virgin limestone or granite type aggregate only.

SCOPE OF WORK 01000 - 7 City of Durham Athletic Courts Renovation – Piney Wood Park

Court Dimensions & Line Tolerances

SCOPE OF WORK 01000 - 8 City of Durham Athletic Courts Renovation – Piney Wood Park

1.6 PROJECT DETAILS

Asphalt Court Pavement Section

10” MIN. COMPACTED SUB-BASE (FULL DEPTH RECLAMATION)

SCOPE OF WORK 01000 - 9 City of Durham Athletic Courts Renovation – Piney Wood Park

Pickleball Net Post Installation Installing Net Posts for Pickleball

This diagram illustrates how to correctly install your Pickleball net posts, with and without ground sleeves.

*For detailed instructions, reference: https://www.tenniscourtsupply.com/ Installation-Instructions_ep_41-1.html

SCOPE OF WORK 01000 - 10 City of Durham Athletic Courts Renovation – Piney Wood Park

Pickleball Net Posts & Anchors

Installing Net Post Ground Sleeves

*For detailed instructions, reference: https://www.tenniscourtsupply.com/ Installation-Instructions_ep_41-1.html

SCOPE OF WORK 01000 - 11 City of Durham Athletic Courts Renovation – Piney Wood Park

Fence Posts and Extended Apron Section at Asphalt Court Edge

The net post footings, center strap anchors and fence post foundations shall be terminated below the asphalt.

SCOPE OF WORK 01000 - 12 City of Durham Athletic Courts Renovation – Piney Wood Park

Court Divider/Foot Fence

SCOPE OF WORK 01000 - 13 City of Durham Athletic Courts Renovation – Piney Wood Park 4' High Court Divider Fence; 6' High Divider Fence; and 10’ High Perimeter Black Vinyl Coated Chain Link Fence, Hardware and Gates (see section 02500: Vinyl Coated Chain-Link Fence for full specifications) • All perimeter fencing, gates, hinges, hardware and components shall be black vinyl coated

• The 4' interior court divider fencing shall be black vinyl coated and should have Safefoam 2" Tubular Padding as Fence and Poles protective covering.

• Corner and gate posts are 3” OD and line posts are 2 ½” OD typical

• Perimeter fencing shall have a bottom rail as indicated on detail

• Fencing post footings shall be 4 x dia of posts-12” dia.

• Fencing post footings shall be spaced no more than 10’ apart

• Fencing shall not have a mid-rail bar

• Fencing shall have a 1-13/4” clearance from the playing surface to the bottom of the fence fabric.

• Perimeter fencing shall have a ½” fence fabric diamond above the top horizontal fence rail.

• The net post footings, center strap anchors, and fence post foundations shall be terminated below the asphalt. Vinyl Coated Polyester Windscreen • https://www.tennissuppliesandequipment.com/windscreens/tuffy-tennis-windscreen-6- high/ Color: Black Height: 6ft 5 Year Limited Warranty

01000 - 14 SCOPE OF WORK City of Durham Athletic Courts Renovation – Piney Wood Park

Court Signage

Pickleball Court Number Signs: Pickleball Court Number signs are a new type of sign to be 8”x11” and modeled after the blue panel portion of a D1.2 (Facility ID – Fence Mounted) sign with no returns. This sign will be flat and will not have the perforated panel backing of a typical D1.2 sign. The Pickleball Court Number sign should be able to be fence-mounted with zip ties. An illustration of this sign and the quantities to be fabricated for each court number are below:

SCOPE OF WORK 01000 - 15 Court 1 Durham Department of Parks & Recreation Park Signage System

3.1 SPECIFICATIONS DESIGN STANDARDS

1.0 GENERAL CONDITIONS 1.3 SUBMITTALS a. 3" = 1'-0" for panel signs A Product Data: Submit product data for each type of sign specified, including b. 1 1/2" = 1'-0" for large sign types 1.1 GENERAL REQUIREMENTS details of construction relative to materials, dimensions of individual 2. Copy shown on any drawings and templates is intended as a guide- A. Provide and install all work indicated in and according to all the components, profiles, and finishes. line for layout and type size only. Refer to the Message Schedule/ requirements of the Contract Documents. B Sign Schedule: Submit a detailed production and installation schedule for Owner’s direction for final wording and icon usage. B. The Contractor is to furnish at his own cost and expense all of the labor, sign types including dates for submission and approval of required samples, F Graphic Layouts: Upon approval of Shop Drawing and Typography/Kerning materials, tools, expendable equipment and transportation services required shop drawings as other submissions required under this contract. Schedule submissions, submit the following: to perform and complete the work described in the best possible and most to allow for adequate review and possible re-submittals without 1. Two (2) sets of 6" x 6" samples for each type of material/color/finish expeditious manner according to the Contract Documents. jeopardizing the project schedule. specified. Color match samples to be prepared on actual sign materi- C. The Contractor shall apply for and obtain, at his own expense, all permits C Shop Drawings: Submit shop drawings showing fabrication and erection of al substrates. Owner’s review of samples will be for color and texture necessary to complete the work described in the Contract Documents. signs. Include plans, elevations, and large-scale sections of typical members only. Compliance with all other requirements is the exclusive respon- D. All constructional, engineering and anchoring details indicated on the and other components. Show methods of attachment anchors, grounds, sibility of the Sign Contractor. One (1) set of samples will be kept by Designer’s drawings are meant as suggestions for design intent only. The layout, reinforcement, accessories, and installation details. the Owner as a record to match against completed installation. contractor shall take full responsibility for the correct and safe engineering 1. Three (3) sets of all shop drawings for approval to fabrication to be G Prototypes: Prototypes to be prepared pending final approval of Shop of all sign types and the way in which they are supported and anchored and submitted to Owner for review and distribution. One (1) set, with Drawings, Graphic Layouts, and Samples noted above: shall submit in the shop drawings any alternative details which are comments, will be returned to the fabricator for their review and 1. One (1) sample of each of the sign type shall be fabricated for necessary to result in a satisfactory and safe final product. The Contractor use. Drawings will be submitted until approved by Owner. review, testing, and approval by Owner and/or appointed Design shall indemnify and hold harmless the Designer against any claim resulting 2. For signs supported by or anchored to permanent construction, pro- Consultant, before manufacture of any of the final signs of any type. from failure of, or damage caused by, the installed signs. vide setting drawings, templates, and directions for installation of 2. Owner reserves the right to adjust final details, sizes, colors, materi- E. The Contractor shall take full responsibility for the effectiveness of all anchor bolts and other anchors to be installed as a unit of Work in als and finishes to be incorporated in the production of the final finishes, mechanical systems such as access doors, hinges, etc., and levels of other Sections. signs. illumination for all internally or integrally illuminated signs and shall submit 3. Clearly identify deviations and variations from Sign System Manual in the shop drawings any alternative details which are necessary to result in on the shop drawings for review of the Owner. Submit only proposed 1.4 GRAPHIC REQUIREMENTS a satisfactory final product. It is the Contractors responsibility to ensure variations that are equal to or surpass the requirements of the origi- A. For applications such as vinyl self adhesive characters, type or patterns may that all such signs function effectively for their intended purpose under all nally specified items with regard to appearance, finish, material qual- be generated directly using a computer driven plotter or cutter such as expected environmental conditions. The Contractor shall modify or replace, ities, size and other requirements. at his own expense, any signs which do not function satisfactory those systems manufactured by Gerber Scientific Products, Inc., or mechanically, or which do not have effective levels of illumination. 4. Provide a licensed engineer’s details to provide suitable materials, approved equal. In such an event typefaces must match specified cuts gauges, footings, anchors, materials compatibility, structural integri- exactly. The Contractor should be aware that in many instances Gerber F. Comply will all current codes and requirements of all relevant regulatory ty, and other items required for proper and secure mounting or versions of faces may not satisfactorily match specified faces and in such agencies, including American National Standards Institute, Inc., A 117.1- installation and in accordance with local sign codes. Show anchorag- instances will not be allowed. 1980 Section 4.30, the Fire Department, and any local or state fireproofing es and accessory items. codes. Where so required, tests shall be made and certificates of B. Typesetting shall have proper letter, word and line spacing as specified in 5. All Sign Requirements that are specified to be installed perpendicu- conformance shall be secured at the expense of the Contractor. the contract documents and characters shall be sharp, accurately aligned lar to an architectural surface, and that extend out over any pedes- on their baseline, and of consistent density. G. All film reproductions prepared by the Contractor for the production of the trian area is to be engineered, manufactured and installed/hung to work in this contract shall be the property of the Owner, and shall be withstand seismic activity per the codes and regulations stipulated C. Installed work shall be accurately reproduced from the artwork. Characters delivered to the Owner upon request. by the Owner and General Contractor in attached supporting docu- with rounded positive or negative corners, nicked, cut or ragged edges, etc. mentation. will not be accepted. Align letterforms to maintain a baseline parallel to the H. If any discrepancies are discovered between drawings and specifications or overall format, unless otherwise specified. Specified margins shall be field condition, Contractor shall notify Designer. D Typography/Kerning: Submit the following graphic layouts concurrently accurately maintained. with shop drawings submittal: 1.2 FORMS OF SIGN PROGRAM D. Copy shown on any drawings and templates is intended as a guideline for 1. Typesetting shall have proper letter, word and line spacing as speci- layout and type size only. Refer to the schedules for exact wording. A The Work of this Section includes all labor, materials, equipment and fied in the contract documents and characters shall be sharp, accu- services necessary to complete the signs as shown on the drawings and/or rately aligned on their baseline, and of consistent density. E. The layout of the copy on the drawings and the wording indicated in the specified herein, including, but not limited to: message schedule is based on scale calculations within given and estimated 2. Align letterforms to maintain a baseline parallel to the overall areas. Should any conflict arise in the final copy layout, notify the Designer 1. Post and panel signs format, unless otherwise specified. Specified margins shall be before proceeding. In no event shall size, number of lines of copy or 2. Kiosk signs accurately maintained. specified letter, word and/or line spacing be modified to get copy to fit. 3. Post, wall, and fence mounted panel signs E Graphic Layouts: Upon approval of Shop Drawing and Typography/Kerning F. The contract documents include specifications for all graphic components 4. Flag-mounted blade signs submissions, submit the following: (i.e. type, symbols, maps, diagrams, etc.). Where reproducible artwork or mechanicals are not to be provided by the Designer, create all artwork and 5. Wall-mounted plaque signs 1. Submit fabrication-ready artwork showing layouts of all unique mechanicals necessary to complete the work. ES graphic components and messages for all sign types. Graphic layouts to be drawn at the following scales: ASSOCIAT

TWELVE

3.2 SPECIFICATIONS DESIGN STANDARDS

G. Certain of the contract drawings contain non-reproducible quality copies of 1.9 PROJECT CLOSE-OUT characters with square cut edges free from burrs and cut marks. reproducible art held by the Designer. The Contractor must apply to the Submit two certified copies of each page of all schedules stating that installation E. Raised Copy: Machine-cut copy characters from matte-finished opaque Designer for any reproducible quality Artwork which may exist before is complete and correct prior to requesting approval of Substantial Completion. acrylic sheet and chemically weld onto the acrylic sheet forming sign panel commencing fabrication. Under no circumstances should non-reproducible face. Produce precisely formed characters with square cut edges free from copies of anything in the contract documents be used as reproducible 2.0 PRODUCTS burrs and cut marks. Artwork. Where camera-ready Artwork is to be provided by the Designer, it must be used. 2.1 MATERIALS 1. Raised Copy Thickness: As shown on drawings. A. Aluminum Sheet and Plate: ASTM B 209 (ASTM B 209M), alloy and 1.5 QUALITY ASSURANCE F. Applied Copy: Die-cut characters from vinyl film with pressure-sensitive temper recommended by aluminum producer and finisher for type of use adhesive backing. Apply copy to the exposed face of the sign panel. A. Sign Fabricator Qualifications: Firm experienced in producing signs similar and finish indicated, and with at least the strength and durability properties to those indicated for this Project, with a record of successful in-service of alloy 5005-H15. 1. Panel Material: Matte-finished opaque acrylic sheet. performance, and sufficient production capacity to produce sign units B. Aluminum Extrusions: ASTM B 221 (ASTM B 221M), alloy and temper 2. Panel Material: Matte-finished clear acrylic sheet with opaque color required without causing delay in the Work. recommended by aluminum producer and finisher for type of use and finish coating subsurface applied. B. Single-Source Responsibility: For each separate sign type required, obtain indicated, and with at least the strength and durability properties of alloy G. Coordinate selection of concealed pins, frames, closures, and fasteners signs from one source of a single manufacturer. 6063-T5. with dimensional letters and numbers to ensure against corrosion and C. Design Concept: The Drawings indicate sizes, profiles, and dimensional C. Aluminum Perforated Metal: 1/8” thickness with 3/16” hole diameter and electrolytic reactions. requirements of signs and are based on the specific types and models 5/16” o.c. spacing. Open area to be approximately 33%. 2.3 ILLUMINATED SIGN UNITS indicated. Sign units by other manufacturers may be considered provided D. Concrete for Post Holes: Mix portland cement complying with ASTM C deviations in dimensions and profiles do not change the design concept as 150, aggregates complying with ASTM C 33, and clean water to obtain A. Provide internal illumination using concealed, internally wired, LED fixture judged by the Architect. The burden of proof of equality is on the proposer. concrete with a minimum 28-day compressive strength of 2500 psi. Use at system to illuminate channel letters uniformly with minimum halation and least 4 sacks of cement/cu. yd., 1-inch maximum-size aggregate, maximum without light leaks. Make provisions for servicing and for concealed 1.6 PROJECT CONDITIONS 3-inch slump, and 2 to 4 percent entrained air. connection to electric service. Coordinate electrical characteristics with Field Measurements: Take field measurements prior to preparation of shop those of power supply provided. drawings and fabrication to ensure proper fitting. Show recorded measurements E. Vinyl Film: Opaque, non-reflective vinyl film, 0.0035 inch (0.09 mm) on final shop drawings. Coordinate fabrication schedule with construction minimum thickness, with pressure sensitive adhesive backing, suitable for 1. LED modules: Sloan LED ChannelLED4 series, Great White 2 # progress to avoid delay. exterior applications. Provide “Scotchcal” as manufactured by 3M, or 701269-WL2-MB (with all required electrical components), or equal. approved equal. See attached manufacturers specifications and installation guide. 1.7 MAINTENANCE F. Fasteners: Use concealed fasteners fabricated from metals that are not Before Substantial Completion, provide the Designer with one copy, and the Client 2.4 FINISHES corrosive to the sign material and mounting surface. with two copies of clearly written instructions for proper maintenance of all work A. Colors and Surface Textures: For exposed sign material that requires including electrical systems. Instructions shall address periodic cleaning, service G. Anchors and Inserts: Use nonferrous metal or hot-dipped galvanized selection of materials with integral or applied colors, surface textures access, painting, color specifications, re-lamping, replacement procedures, etc. anchors and inserts for exterior installations and elsewhere as required for or other characteristics related to appearance, provide color matches Provide detailed troubleshooting and “what to check” lists for all customized corrosion resistance. Use toothed steel or lead expansion bolt devices for indicated, or if not indicated, as selected by the Contracting Officer from electrical or mechanical systems. drilled-in-place anchors. Furnish inserts, as required, to be set into concrete the manufacturer’s standards. or masonry work. 1.8 WARRANTY B. Metal Finishes: Comply with NAAMM “Metal Finishes Manual” for finish 2.2 PANEL SIGNS designations and applications recommendations. A. General Warranty: This special warranty specified in the Article shall not deprive the Owner of other rights the Owner may have under other A. Panel Signs: Comply with requirements indicated for materials, thicknesses, C. Aluminum provisions of the contract Documents and shall be in addition to, and run finishes, colors, designs, shapes, sizes, and details of construction. 1. Comply with NAAMM’s “Metal Finishes Manual for Architectural and concurrent with, other warranties made by the Contractor under 1. Produce smooth, even, level sign panel surfaces, constructed to Metal Products” for recommendations for applying and designating requirements of the Contract Documents. remain flat under installed conditions within a tolerance of plus or finishes. B. Sign warranty: Submit a written warranty, signed by manufacturer, minus 1/16 inch measured diagonally. 2. Finish designations prefixed by AA comply with the system agreeing to repair or replace signs that fail during the specified warranty B. Unframed Panel Signs: Fabricate signs with edges mechanically and established by the Aluminum Association for designating period. Failures include, but are not limited to, the following: smoothly finished to conform with the following requirements: aluminum finishes. 1. Coating degradation 1. Edge Condition: Square cut. a. Class I, Clear Anodic Finish: AA-M12C22A41 (Mechanical Finish: nonspecular as fabricated; Chemical Finish: etched, 2. Chalking 2. Corner Condition: Square corners. medium matte; Anodic Coating: Architectural Class I, clear 3. Fading C. Graphic Content and Style: Provide sign copy that complies with the coating 0.018 mm or thicker) complying with AAMA 611. 4. Structural failure requirements indicated for size, style, spacing, content, position, material, 3. High-Performance Organic Coating Finish (Fluoropolymer Two-Coat 5. Delamination of applied graphics finishes, and colors of letters, numbers, and other graphic devices. System): AA-C12C40R1x (Chemical Finish: cleaned with inhibited 6. Delamination or degradation of applied anti-graffiti coatings D. Tactile and Braille Copy: Manufacturer’s standard process for producing chemicals; Chemical Finish: conversion coating; Organic Coating:

Manufacturer’s standard two-coat, thermocured system consisting of ATES C. Warranty Period: 3 years copy complying with ADA Accessibility Guidelines and ICC/ANSI A117.1. Text shall be accompanied by Grade 2 braille. Produce precisely formed specially formulated inhibitive primer and fluoropolymer color ASSOCI

TWELVE

3.3 SPECIFICATIONS DESIGN STANDARDS

topcoat containing not less than 70 percent polyvinylidene fluoride 3. Use only ink manufacturer’s recommended reducers, thinners and 4. Conceal fasteners if possible; otherwise, locate fasteners where they resin by weight). Prepare, pretreat, and apply coating to exposed additives. will be inconspicuous. metal surfaces to comply with coating and resin manufacturer’s 4. Graphics which show signs of bubbles, transparency, bleeding, 5. The manufacturer’s name, trade name or trade mark shall not appear written instructions and AAMA 2605. crazing, running, chipping, cloudiness, discoloration, disadhesion, on any visible surface of any of the work. If an underwriter’s fuzziness, saw-toothing, or other defects are not acceptable. laboratory or any other label is required to be affixed to a sign it 2.5 PAINT, INK, AND VARNISHES shall be placed in an inconspicuous location A. All colors shall be exactly reproduced as specified and shall match 2.8 ADHESIVES (INCLUDING TAPES) 3.2 INSTALLATION submitted samples. A. Adhesives required in fabrication and installation shall be compatible with 1. Paint Manufacturer: the materials to be laminated or adhered. A. Install the work in a well organized and timely manner. Whenever possible, Matthews Paint Company, 400 South Mercantile Court the work shall be installed as one continuous activity. The installation B. Adhesives shall be used in accordance with the recommendations of the (or equal as approved by 212 Harakawa (Designers) and Owner) process shall be coordinated to accommodate the needs of both the Owner manufacturer of the adhesives and the material to be laminated or adhered. and Designer. B. All paint shall be applied using a high pressure spray in dust-free conditions C. Surfaces on which adhesives are to be applied shall be smooth, clean and and shall be allowed to dry or cure properly before being moved. B. Inform the Designer, at least two weeks in advance, of any intended free of dust, dirt, grease, fingerprints or other foreign matter. installation and shall arrange, at the Designer’s convenience to have all C. Painted surfaces and other applied finishes shall have a smooth, even finish D. Adhesives shall be guaranteed not to deteriorate, discolor, delaminate or fail patterns in place, and initial signs of each type ready for installation and and be free of imperfections, marks, scratches, embedded dirt, wave patters in adhesion for any reason including exposure to heat, sunlight, weathering approval by the Designer on site before proceeding with the rest of the or other irregularities. or other environmental conditions. installation. It is important that such approval processes be organized D. Paint required in fabrication, including paint for lettering, screened copy, E. Adhesives shall not change the color of, or in any way deteriorate, the efficiently so that approvals can take place in a timely manner. subsurface copy, etc. shall be compatible with the materials to which it is materials to which they are being applied. C. Remove all existing or temporary work at the location of the installation of applied and shall be guaranteed not to cause discoloration, deterioration or new signs and repair all surfaces to original condition in the case of new or delamination for any reason, including exposure to heat, sunlight, F. Visible joints shall be even and free from air bubbles and other defects. recently decorated surfaces. weathering or other environmental conditions. G. Adhesive Foam Mounting tapes for permanent installation shall be premium D. Follow recommendations and instructions for installation as provided by E. Paints shall be precisely identified on the shop drawings and submitted quality double coated acrylic foam tape such as manufactured by 3M (VHB component manufacturers. Notify the designer in writing if such installation samples. Tape) or approved equal. Urethane foam tapes will not be allowed. will not provide permanent, rigid installation within existing site conditions. F. Prime coats or other surface pre-treatments, where recommended by the H. Unless otherwise indicated, when used for permanent installation, adhesive E. No installation procedures or materials shall be used that will in any way manufacturer of the paint, shall be included in the work. foam mounting tape shall be 1/2” wide and 1/16” thick. Coverage shall be at least one continuous strip of tape at four inch intervals. No tape shall be change the visual quality or in any manner have an adverse effect on 2.6 PIN-MOUNTS closer than 1/2” from the edge of any component. existing or new materials and surfaces. A. Pin mounts shall be fabricated from threaded studs permanently fixed to I. Silicone adhesives shall be clear, ready-to-use, high performance, premium F. Protect all adjacent surfaces from damage during installation. Restore or the component to be mounted. All studs shall be square to the face of the quality materials, such as manufactured by General Electric (GE 1200), or replace any damaged surfaces to original condition and appearance. component approved equal. G. Install all signs at the locations and heights specified in the Contract B. Epoxied or welded studs shall be fabricated with no distortion or J. Epoxy adhesives shall be two-component, thermal-setting, premium quality Documents. All signs shall be installed level and plumb and perpendicular to discoloration of the face of the component or any other exposed surfaces. materials such as manufactured by Devcon (Two-Ton Epoxy), or approved the surface upon which they are mounted, unless otherwise specified. equal. C. Holes drilled into plastic or wood cut component shall be fabricated with no H. Coordinate all scheduling and installation procedures with the Owner, distortion or other visible effect on face or other exposed surfaces. Designer, General Contractor and others to avoid delays or additional costs. 3.0 EXECUTION D. There shall be a minimum of four studs on plaques, two studs on individual I. Where appropriate, coordinate the locations of all work with existing typographic characters and one stud on punctuation marks. 3.1 FABRICATION mechanical, electrical and plumbing elements and notify Designer in writing of any visual or physical conflicts. E. Silicone adhesive shall be used to install pin mounts in walls or other A. General: Comply with requirements indicated for materials, thicknesses, supporting surfaces. Receiving hole shall be of sufficient size to allow finishes, colors, designs, shapes, sizes, and details of construction. J. All work shall be provided with suitable protective coverings during positioning, and shall have clean edges and neat appearance. shipment and installation. Remove and replace protective coating for 1. Welded Connections: Comply with AWS standards for inspection when requested. Final removal of protective coatings shall take F. Support components with foam tape or other mechanical means that does recommended practices in shop welding. Provide welds behind place only when there is no danger of damage from further work, and all not damage surrounding surfaces, until permanent adhesives are set. finished surfaces without distortion or discoloration of exposed side. protective coatings shall be removed simultaneously from similarly finished Clean exposed welded surfaces of welding flux and dress on exposed items to prevent uneven oxidation or discoloration. 2.7 SILKSCREENED GRAPHICS and contact surfaces. K. Remove packing and construction materials from the site. Leave premises 2. Mill joints to a tight, hairline fit. Form joints exposed to the weather A. Apply graphics in a manner to produce clear, crisp letters and forms and in broom clean and ready for work under other contracts or ready for use. to exclude water penetration. accordance with ink manufacturer’s instructions and subsurface Vacuum any carpets and spot clean where if necessary. manufacturer’s written instructions. 3. Preassemble signs in the shop to the greatest extent possible to L. Exposed surfaces of all work shall be left clean and free of glue, minimize field assembly. Disassemble signs only as necessary for 1. Verify compatibility of ink system with substrate prior to fabrication fingerprints, dirt, grease, dust or any other imperfections upon completion

shipping and handling limitations. Clearly mark units for reassembly TES of graphics. of installation. and installation, in a location not exposed to view after final 2. Provide humidity, temperature and ventilation controls as required assembly. ASSOCIA for optimum drying and curing conditions. TWELVE

3.4 SPECIFICATIONS, LED DESIGN STANDARDS

M. Wall-Mounted Panel Signs: Attach panel signs to wall surfaces using the ADDENDUM: LED SPECIFICATIONS methods indicated below: 1. Vinyl-Tape Mounting: Use double-sided foam tape to mount signs to smooth, nonporous surfaces. Do not use this method for vinyl- covered or rough surfaces. 2. Silicone-Adhesive Mounting: Use liquid silicone adhesive recommended by the sign manufacturer to attach sign units to ChanneLED4 Installation Guide irregular, porous, or vinyl-covered surfaces. Use double-sided vinyl tape where recommended by the sign manufacturer to hold the sign in place until the adhesive has fully cured. 3. Shim Plate Mounting: Provide 1/8-inch-thick concealed aluminum shim plates with predrilled and countersunk holes, at locations

indicated, and where other mounting methods are not practicable. 4. Clean Channel Letter: Clean 5. Peel and Stick: Using predetermined layout and LED 6. Fasteners: If desired, modules can 1. Tools Required: Measuring tape, wire 2. Supplies Required: PLTC cable, wire 3. Layout: Noting can depth, stroke width and inside the letter with rubbing placement from step 3, remove tape backing and stick be secured with #6 pan head sheet Attach the plate with fasteners and anchors suitable for secure strippers (optional: drill, screwdriver). nuts, IDC connectors, or butt splices and face material, use layout guidelines and power alcohol and allow to dry. modules into place. Ensure modules are firmly attached. metal screws or 1/8” aluminum rivets. cable ties. (Optional: screws and supply capacity charts below to determine Note: If fasteners are used, insert attachment to the substrate. Attach panel sign units to the plate Layout Density Guidelines: silicone). spacing and amount of LEDs required. from the top of the module ONLY.

using the method specified above. Letter Stroke Can Module Linear Inches on Inches on Inches on Max Coverage Height LED Color Width Depth Type Density Center Center Center Per Row Note: These guidelines Warning! (if dense (if perforated are intended to provide IDC (Modules Check Polarity: (inches) (inches) (inches) (Standard) translucent vinyl or dark (inches) only an approximation of / Ft) All connections must N. Bracket-Mounted Units: Provide the manufacturer’s standard brackets, vinyl used) colors used) ChanneLED4 product be RED-TO-RED and < 25 Red 0-4 0-5 Mini 5 4 3 2 5 required for your sign, assuming an optimal BLACK-TO-BLACK. fittings, and hardware as appropriate for mounting signs that project at > 5 Mini 4 4 3 2 5 balance of performance Reverse polarity > 4 0-5 Mini 4 4 3 2 5 and cost. connections may right angles from walls and ceilings. Attach brackets and fittings securely > 5 Short 3 4 3 2 5 Items to consider: damage the LEDs Orange, Amber All All Short 3 4 3 2 5 1. It is recommended that you and will void the to walls or ceilings with concealed fasteners and anchoring devices to Green, Blue, White 0-4 0-5 Mini 5 4 3 2 4 first test the LED density in a product warranty. Mini and Blue, sample letter/cabinet to evaluate Wire Green Shorts > 5 Mini 4 4 3 2 4 comply with manufacturer’s directions. brightness, uniformity and color. Nuts > 4 0-5 Mini 4 4 3 2 4 2. Should you have questions or > 5 Short 3 4 3 2 4 require assistance in testing, White > 5 Short 3 5 3 2 5 please contact your SloanLED customer service representative. 7. Connections: Modules may be 8. Cap all Unused Wires: 9. Connect Power Supply to First 3.3 CLEANING AND PROTECTION ≥ 25 Red 0-4 0-5 Mini 4 4 3 2 5 connected in series or parallel with The strand of modules should Module on String: See Power > 5 Short 3 4 3 2 5 wire nuts, IDC connectors or butt not be looped to create a Supply Installation Guide for more After installation, clean soiled sign surfaces according to the manufacturer’s > 4 0-5 Mini 4 4 3 2 5 splice connectors. closed circuit. information regarding power supply > 5 Long 2 5 4 2 5 installation. instructions. Protect units from damage until acceptance by the Owner. Orange, Amber All 0-5 Short 3 4 3 2 5 Extension of Power Supply Leads > 5 Long 2 5 4 2 5 Green, Blue, White If longer lead wire from power supply to LED modules is needed, an extension can be used. Extension should be kept as short 0-4 0-5 Mini 5 4 3 2 4 Mini and Blue, as possible (under 15 feet for 18 AWG UL Listed PLTC or under 50 feet for 14 AWG UL Listed PLTC). Green Shorts > 5 Short 3 4 3 2 4 3.4 PUNCHLIST > 4 0-5 Mini 4 4 3 2 4 Troubleshooting: > 5 Short 3 4 3 2 4 Final punchlist will be conducted by Owner/Client. Entire sign or leg does not light Check connection from power supply lead to first module. Make sure polarity of connections White 0-4 0-5 Mini 5 4 3 2 4 after complete installation. made at the power supply lead and any jumper wire is correct. Power supply outputs should > 5 Short 3 5 3 2 5 be connected red-to-red and black-to-black. > 4-7 0-5 Mini 4 4 3 2 4 > 5 Short 3 5 3 2 5 Check output voltage of power supply using a voltmeter. The output voltage should be END OF SECTION 12.0VDC ± 0.5VDC. If there is no output voltage, have a licensed electrician check input > 7 0-5 Mini 4 4 3 2 4 Still does not light. > 5 Refer to ChanneLED 5 or Great White 3 voltage. Make sure power supply is connected correctly and getting primary power. If power supply is connected properly and getting primary power and there is still no output voltage, try Power Supply Capacity Chart: Maximum Number of Feet (Meters) a different power supply. Power CL4 Long CL4 Short CL4 Mini CL4 Short CL4 White CL4 Mini If power supply is getting primary power and the modules don’t light, there may be a short in Still does not light. Power Supply Part # (Each) Output R/O/A R/O/A Red G/B Short G/B/W the secondary wiring. Check all connections and cap all loose wires. Self Contained 20 701680 20 Watts 15 (4.5) 10 (3) 7.5 (2.3) 18 (5.5) 12 (3.7) 13 (4) The beginning of a leg lights, The primary cause of a portion of a ChanneLED4 leg not lighting or lighting intermittently is a but the entire leg does not bad connection or reverse polarity connection between the modules that light and the modules Mod 60/Mod 60-277 701507 Mod/Mod 60-277 60 Watts 45 (14) 30 (9) 22.5 (7) 54 (16.5) 37 (11.4) 40 (12) light or lights intermittently. that don’t light. Check this connection. Quad 240* 701494 240 Watts 180 (55) 120 (37) 90 (28) 216 (66) 149 (45.4) 160 (48) Ensure maximum number of feet has not been exceeded (see Power Supply Capacity Chart). Modules are dim. Power Used per Foot (Meter) in Watts 1.2 (3.9) 1.8 (5.9) 2.4 (7.8) 1.0 (3.3) 1.44 (4.6) 1.4 (4.6) Check secondary voltage. If voltage is below 11.5VDC, power supply leg may be overloaded. *Quad 240 has four output legs; footages expressed are total (divide by four for footage per leg) One module does not light, but ChanneLED4 is designed so if one module fails, it will not cause the entire sign or leg to go out. all others in the leg light. If one module does not light, but all others in the leg do, replace this module with a new one. WI-09-475 Rev G P/N 701575 03/17/09 Page 2 of 2 Page 1 of 2 WI-09-475 Rev G P/N 701575 3/17/09 ATES ASSOCI

TWELVE

3.4 SPECIFICATIONS, LED © 2010 TWO C9 C8 C7 C6 C5 C4 C3 C2 C1 COLOR Black 429/B5 Nobel Akzo | 116U Pantone 470/A3 Nobel Akzo | 290U Pantone 448/D6 Nobel Akzo | 356U Pantone White 410/B5 Nobel Akzo | 485U Pantone 416/H5 Nobel Akzo | 4C Black Pantone 442/B6 Nobel Akzo | 376U Pantone 482/E5 Nobel Akzo | 648U Pantone MATCHTO 3.5 SPECIFICATIONS, COLOR SPECIFICATIONS, 3.5 SPECIFICATIONS, COLOR SPECIFICATIONS, 3.5 DESIGN STANDARDS DESIGN System Signage Park Recreation & Parks of Department Durham

© 2010 TWO TWELVE ASSOCIATES 1234567890,.&?!-/ abcdefghijklmnopqrstuvwxyz ABCDEFGHIJKLMNOPQRSTUVWXYZ Italic Medium Whitney T5: 1234567890,.&?!-/ abcdefghijklmnopqrstuvwxyz ABCDEFGHIJKLMNOPQRSTUVWXYZ Book T4:Whitney 1234567890,.&?!-/ abcdefghijklmnopqrstuvwxyz ABCDEFGHIJKLMNOPQRSTUVWXYZ Medium Whitney T3: 1234567890,.&?!-/ abcdefghijklmnopqrstuvwxyz ABCDEFGHIJKLMNOPQRSTUVWXYZ Semibold Whitney T2: 1234567890,.&?!-/ abcdefghijklmnopqrstuvwxyz ABCDEFGHIJKLMNOPQRSTUVWXYZ Bold Whitney T1: 1234567890,.&?!-/ abcdefghijklmnopqrstuvwxyz ABCDEFGHIJKLMNOPQRSTUVWXYZ Bold Condensed Whitney T8: 1234567890,.&?!-/ abcdefghijklmnopqrstuvwxyz ABCDEFGHIJKLMNOPQRSTUVWXYZ Medium Condensed Whitney T7: T6: FFDingbats, ArrowsOne FFDingbats, T6: vkhxbjcl 3.6 TYPOGRAPHY 3.6 TYPOGRAPHY 3.6 DESIGN STANDARDS DESIGN Park Signage System Signage Park D urham Department of Parks & Recreation & Parks of Department urham

© 2010 TWO TWELVE ASSOCIATES Pickleball Court Rules • DPR and permitted activities have priority. • Private tennis instruction is by permit only. • Courts used on a first come, first served basis. • Courts are for tennis only (no futsal, bicycles, skates, skateboards, etc.) • Soft sole shoes only. • Pets are not permitted on the tennis courts, with the exception of service animals. • Limit free play to one (1) hour when others are waiting. • Players are requested to observe tennis etiquette. Thank you for your good sportsmanship.

To report maintenance issues contact DPR staff: 919-560-4355 or [email protected] Park users are not permitted to make repairs or alterations to the park. For all other issues call the non-emergency police number to request assistance: 919-560-4600 Reglas de la Cancha de Pickleball • DPR y las actividades programadas son una prioridad. • Las clases de tenis privadas requieren permiso de uso. • Las canchas serán utilizadas según el orden de llegada. • Las canchas están hechas exclusivamente para el deporte del tenis (no para futbol de sala, bicicletas, patines, patinetas, etc.) • Solo están permitidos los zapatos de suela blanda. • No esta permitido ninguna mascotas en las canchas de tenis, con excepción de los animales de servicio. • Límite el juego libre a una (1) hora cuando otros están esperando. • Los jugadores deberán observar el protocolo (etiqueta de comportamiento estipulado por el tenis). Gracias por tu buen espíritu deportivo.

Para informar sobre problemas de mantenimiento contacten el personal de DPR: 919-560-4355 o [email protected]

No se permite a los usuarios del parque hacer reparaciones o alteraciones en el parque.

Para todas los demás problemas, llama al número de policía de no-emergencia para pedir asistencia: 919-560-4600 City of Durham Athletic Courts Renovation – Piney Wood Park

Court Specifications/Details: Asphalt thickness: 3” asphalt over a specified base Slope Requirements: 0.83% min. – 1.00% max. Perimeter of courts (min 36”) will be re-graded to permit drainage away from courts and to meet new asphalt apron elevation and edge. Grading and drainage concept will be confirmed by contractor and approved by owner prior to execution and setting of final elevations. Court grading and drainage scheme will comply with USTA standards for competition level Athletic Courts. Slope Direction (end to end ro cross slope): To be determined in field by existing conditions; See requirements above for approval of drainage concept.

Elevation Contractor is responsible for insuring that walks connecting to the pickleball courts and access to adjacent amenities meet ADA standards if the elevation of the court is raised.

Perimeter Court Fence Specifications/Details: 10’ High perimeter fence: Provide and install ~788 lf of 10’ high black vinyl coated chain link fence system-per detail and specifications. The line and layout of the new fence will generally follow the existing configurations, maintaining gate locations that correspond with existing walkways and locating new gates in locations indicated in plans.

Pickleball posts/net system: Submit product cut sheet and specifications for Owner approval. The following suppliers and links are provided for minimum acceptable standards.

Tennis Supply & Equipment https://www.tennissuppliesandequipment.com/pickleball/net-posts/edwards-pickleball-net-posts/

Pickleball Central https://www.pickleballcentral.com/Default.asp?msclkid=9b3e3eaceae71c9d35095e92bcb86399

National Sports Products https://nationalsportsproducts.com/product/pn-30-pickleball-net-and-strap

Court Painting THE CONTRACTOR SHALL SUBMIT COLOR SAMPLES FOR OWNER APPROVAL PRIOR TO APPLICATION.

Pickleball Court Colors: Submit product cut sheet and specifications for Owner approval. The following suppliers and links are provided for minimum acceptable standards.

Sport Master Sport Surfaces https://www.sportmaster.net/

END OF SECTION 01000

SCOPE OF WORK 01000 - 25 City of Durham Athletic Courts Renovation – Piney Wood Park

Outdoor Pickleball Ground Sockets/Cover Plate

bisoninc.com/product/volleyball-and-net-games/pickleball/outdoor-pickleball-ground-socketscover-plate/

Description

Same as PK23 but designed for outdoor courts • 100% removable aluminum cover

• Requires two per system.

Additional information Weight 9 lbs

Shipping Class for this product

Class small-package

SCOPE OF WORK 01000 - 26 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 01140 - WORK RESTRICTIONS

PART 1: GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this Section.

1.2 USE OF PREMISES

A. Use of Site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated unless written permission is granted by the Owner.

1. Limits: Confine construction operations to the project limits as noted on the Construction Documents. 2. Driveways and Entrances: Keep driveways and entrances of surrounding residents clear and unimpeded. Do not use these areas for parking or storage of materials. a. Do not disturb the existing park structures or facilities during construction. b. Keep the adjacent streets clear and unimpeded during construction.

B. The contractor shall repair damage caused by construction operations at no additional cost to the Owner.

1.3 OCCUPANCY REQUIREMENTS

A. Courts will be closed during construction activities.

END OF SECTION 01140

WORK RESTRICTIONS 01140 ‐ 1 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 01210 - ALLOWANCES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including other Division I Specification Sections, apply to this Section.

1.2 SUMMARY

A. This section includes administrative and procedural requirements governing allowances. Certain items are specified in the Contract Documents by allowances. Allowances have been established in lieu of additional requirements and to defer selection of actual materials and equipment to a later date when additional information is available for evaluation.

B. This Section includes administrative and procedural requirements governing the following:

1. Lump-sum allowances. 2. Unit-cost allowances. 3. Quantity allowances. 4. Contingency allowances.

C. Related Sections:

1. Division 01 Section “Unit Prices” for procedures for using unit prices.

1.3 LUMP SUM, UNIT COST AND QUANTITY ALLOWANCES

A. Allowance shall include cost to Contractor of specific products and materials ordered by Owner under allowance and shall include taxes, freight, and delivery to Project site.

B. Contractor's costs for receiving and handling at Project site, labor, installation, overhead and profit, and similar costs related to products and materials ordered by Owner under allowance shall be included as part of the Contract Sum and not part of the allowance.

1.4 CONTINGENCY ALLOWANCES

A. Use the contingency allowance only as directed by Architect for Owner's purposes and only by Directives that indicate amounts to be charged to the allowance.

B. Contractor's overhead, profit and related costs for products and equipment ordered by Owner under the contingency allowance are included in the allowance and are not part of the Contract Sum. These costs include delivery, installation, taxes, insurance, equipment rental, and similar costs.

C. Directives authorizing use of funds from the contingency allowance will include Contractor's related costs and reasonable overhead and profit margins.

ALLOWANCES 01210 - 1 City of Durham Athletic Courts Renovation – Piney Wood Park

D. At Project closeout, credit unused amounts remaining in the contingency allowance to Owner by Change Order.

PART 2 - EXECUTION

2.1 PREPARATION

A. Coordinate materials and their installation for each allowance with related materials and installations to ensure that each allowance item is completely integrated and interfaced with related work.

2.2 SCHEDULE OF ALLOWANCES

Allowance No. 1: Include the total quantity of 96 CY of ‘Unsuitable soils, removal and replacement witho C ABC t be used for measurement and payment for work associated with the following: Excavate existing unsuitable sub-base structure to a depth as recommended by the Owner's geotechnical representative, Compact subbase 98% density, Replace in 10” maximum lifts of Suitable (CABC) fill material. Compact to 98% minimum density.

($ ) dollars

END OF SECTION 01210

ALLOWANCES 01210 - 2 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 01270 - UNIT PRICES

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division I Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes administrative and procedural requirements for unit prices.

B. Related Sections include the following: 1. See Division 1 Section "Allowances" for procedures for using unit prices to adjust quantity allowances. 2. See Division 1 Section "Contract Modification Procedures" for procedures for submitting and handling Change Orders. 3. See Division 1 Section "Quality Requirements" for general testing and inspecting requirements.

1.3 DEFINITIONS

A. Unit price is an amount proposed by bidders, stated on the Bid Form, as a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification, if estimated quantities of Work required by the Contract Documents are increased or decreased.

1.4 PROCEDURES

A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit.

B. Measurement and Payment: Refer to individual Specification Sections for work that requires establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections.

C. Owner reserves the right to reject Contractor's measurement of work-in-place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contractor.

D. List of Unit Prices: A list of unit prices is included in Part 3. Specification Sections referenced in the schedule contain requirements for materials described under each unit price.

UNIT PRICES 01270 - 1 City of Durham Athletic Courts Renovation – Piney Wood Park

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION 3.1 LIST OF UNIT PRICES

Description Unit Unit Price

Clearing & grubbing, vegetation AC $

Limbing, overhanging branches LS $ Portland Cement Soil Stabilization Manipulation (FDR) to 12” depth with 5% Portland cement at a rate of 65 lbs / SY SY $

Asphalt Athletic Court Paving SY $

Tree Protection Fencing LF $

10’ black vinyl coated chain link perimeter fence LF $

10’ black vinyl coated fence posts EA $ Topsoil & Seed, Rough and Fine Grading of Disturbed Landscape areas SY $

Hand Rails LF

Concrete Pavement 4” thick SY $

Allowances

CY Unsuitable soils, removal and replacement with CABC $

END OF SECTION 01270

UNIT PRICES 01270 - 2 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS PART

1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes requirements, as necessary, for temporary facilities and controls, including temporary utilities, support facilities, and security and protection facilities.

B. Temporary utilities may include, but are not limited to, the following:

1. Temporary utilities, support facilities, and security and protection facilities. 2. Electric power service. 3. Lighting. 4. Telephone service.

C. Support facilities include, but are not limited to, the following:

1. Project identification and temporary signs. 2. Field offices. 3. Construction aids and miscellaneous services and facilities.

D. Security and protection facilities may include, but are not limited to, the following:

1. Environmental protection. 2. Tree and plant protection. 3. Site enclosure fence. 4. Security enclosure and lockup. 5. Barricades, warning signs, and lights.

1.3 USE CHARGES

A. General: Cost or use charges for temporary facilities are not chargeable to Owner and shall be included in the Contract Sum. Allow other entities to use temporary services and facilities without cost, including, but not limited to, the following:

1. Owner's construction representatives. 2. Occupants of Project. 3. Testing agencies. 4. Personnel of authorities having jurisdiction.

TEMPORARY FACILITIES AND CONTROLS 01500 - 1 City of Durham Athletic Courts Renovation – Piney Wood Park

B. Electric Power Service: Pay electric power service use charges, whether metered or otherwise, for electricity used by all entities engaged in construction activities at Project site.

1.4 SUBMITTALS

A. Implementation and Termination Schedule: Within fifteen (15) days of date established for submittal of Contractor's Construction Schedule, submit a schedule indicating implementation and termination of each temporary utility.

1.5 QUALITY ASSURANCE

A. Standards: Comply with ANSI A10.6, NECA's "Temporary Electrical Facilities," and NFPA 241.

1. Trade Jurisdictions: Assigned responsibilities for installation and operation of temporary utilities are not intended to interfere with trade regulations and union jurisdictions. 2. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70.

B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits.

1.6 PROJECT CONDITIONS

A. Temporary Utilities: At earliest feasible time, when acceptable to Owner, change over from use of temporary service to use of permanent service.

1. Temporary Use of Permanent Facilities: Installer of each permanent service shall assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner’s acceptance, regardless of previously assigned responsibilities.

B. Conditions of Use: The following conditions apply to use of temporary services and facilities by all parties engaged in the Work:

1. Keep temporary services and facilities clean and neat. 2. Relocate temporary services and facilities as required by progress of the Work.

PART 2 - PRODUCTS

2.1 MATERIALS

A. General: Provide new materials. Undamaged, previously used materials in serviceable condition may be used if approved by Construction Project Manager. Provide materials suitable for use intended.

TEMPORARY FACILITIES AND CONTROLS 01500 - 2 City of Durham Athletic Courts Renovation – Piney Wood Park

2.2 EQUIPMENT

A. General: Provide equipment suitable for use intended.

PART 3 - EXECUTION

3.1 INSTALLATION, GENERAL

A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Site location to be determined at the pre-construction meeting.

B. Provide each facility ready for use when needed to avoid delay. Maintain and modify as required. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities.

3.2 TEMPORARY UTILITY INSTALLATION

A. General: Engage appropriate local utility company to install temporary service or connect to existing service. Where utility company provides only part of the service, provide the remainder with matching, compatible materials and equipment. Comply with utility company recommendations.

1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. 2. Provide adequate capacity at each stage of construction. Before temporary utility is available, provide trucked-in services. 3. Obtain easements to bring temporary utilities to Project site where Owner's easements cannot be used for that purpose.

3.3 SUPPORT FACILITIES INSTALLATION

A. General: Comply with the following:

1. Locate field offices, storage sheds, sanitary facilities, and other temporary construction and support facilities for easy access. 2. Provide incombustible construction for offices, shops, and sheds located within construction area or within 30 feet of building lines. Comply with NFPA 241. 3. Maintain support facilities until near Substantial Completion. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner.

B. Project Identification and Temporary Signs: Prepare Project identification and other signs in sizes indicated. Install signs where indicated to inform public and persons seeking entrance to Project. Do not permit installation of unauthorized signs.

TEMPORARY FACILITIES AND CONTROLS 01500 - 3 City of Durham Athletic Courts Renovation – Piney Wood Park

3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION

A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. Avoid using tools and equipment that produce harmful noise. Restrict use of noisemaking tools and equipment to hours that will minimize complaints from persons or firms near Project site.

B. Stormwater Control: Provide earthen embankments and similar barriers in and around excavations and sub-grade construction, sufficient to prevent flooding by runoff of stormwater from heavy rains if determined necessary by the Owner.

3.5 OPERATION, TERMINATION, AND REMOVAL

A. Maintenance: Maintain facilities in good operating condition until removal. Protect from damage caused by freezing temperatures and similar elements.

B. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired.

END OF SECTION 01500

TEMPORARY FACILITIES AND CONTROLS 01500 - 4 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 01600: CLEANING UP PART 1:

GENERAL 1.1 General

a) The requirements specified in this section are in addition to those described in the General Conditions.

b) All debris and waste materials shall become the property of the Contractor, and shall be removed from the site as it accumulates and so as to comply with anti-pollution laws.

c) Burning or burying of rubbish and waste materials on the project site is not permitted.

d) Disposal of volatile fluid wastes such as mineral spirits, oil, or paint thinner in storm or sanitary sewer systems is not permitted, nor shall such materials be deposited anywhere on the project site.

PART 2: MATERIALS

2.1 Materials

The Contractor shall:

a) Use only cleaning materials recommended by the manufacturer of surfaces to be cleaned.

b) Use cleaning materials only on surfaces recommended by the cleaning material manufacturer.

PART 3: EXECUTION

3.1 Execution during Construction

a) The Contractor shall provide suitable containers and locate on site for collection of waste materials, rubbish, and debris.

b) The Contractor shall not allow mud, earth droppings and dust from movement of vehicles to accumulate for more than one half day before removal from paved areas. At no time shall any accumulation be allowed which will create a hazard to safety or bad public relations.

PART 4: FINAL CLEANING 4.1 Final Cleaning

a) At completion of construction and just prior to acceptance, the Contractor shall conduct a final inspection of the site. The Contractor shall remove grease, oil, dirt, stains, and other foreign materials within contract limits that are not part of the finished construction.

b) The Contractor shall repair, patch and touch up any marred surfaces to match adjacent finishes.

END OF SECTION 01600

CLEANING UP 01600 - 1 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 01700 - EXECUTION REQUIREMENTS PART 1 -

GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes general procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 5. Progress cleaning. 2. Field engineering and surveying. 6. Starting and adjusting. 3. General installation of products. 7. Protection of installed construction. 4. Coordination of Owner-installed 8. Correction of the Work. products.

B. Related Sections include the following: 1. Division 1 Section 01300: "Submittals". 2. Division 1 Section 01770: "Closeout Procedures" 1.3 QUALITY ASSURANCE A. Land Surveyor Qualifications: A professional land surveyor who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing land-surveying services of the kind indicated. PART 2 - EXECUTION

2.1 EXAMINATION A. Existing Conditions: The existence and location of site improvements, utilities, and other construction indicated as existing are not guaranteed. Before beginning Work, investigate and verify the existence and location of mechanical and electrical systems and other construction affecting the Work. 1. Before construction, verify the location and points of all elements to remain and to be demolished. Verify all salvageable material with the Owner. B. Existing Utilities: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities and other construction affecting the Work. 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; and underground electrical services. 2. Furnish location data for Work related to Project that must be performed by public utilities serving Project site. C. Acceptance of Conditions: Examine substrates, areas, and conditions for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Written Report: Where a written report listing conditions detrimental to performance of the Work is required by other Sections, include the following: a. Description of the Work. b. List of detrimental conditions, including substrates. c. List of unacceptable installation tolerances. d. Recommended corrections.

EXECUTION REQUIREMENTS 01700 -1 City of Durham Athletic Courts Renovation – Piney Wood Park

2. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. 3. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 4. Examine floors and roofs for suitable conditions where products and systems are to be installed. 5. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 2.2 PREPARATION A. Existing Utility Information: Obtain information necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Existing Utility Interruptions: 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. Do not proceed with utility interruptions without Owner’s written permission. C. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. D. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. E. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents, submit a request for information to Owner Representative. Include a detailed description of problem encountered, together with recommendations for changing the Contract Documents. 2.3 CONSTRUCTION LAYOUT A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Owner Representative promptly. Owner Representative is not responsible if discrepancies are noted by the Contractor but are not reported to the Owner Representative prior to construction. B. General: Engage a land surveyor to lay out the Work using accepted surveying practices. 1. Establish benchmarks and control points to set lines and levels at each stage of construction and elsewhere as needed to locate each element of Project. 2. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions. 3. Inform installers of lines and levels to which they must comply. 4. Check the location, level and plumb, of every major element as the Work progresses. 5. Notify the Owner Representative when deviations from required lines and levels exceed allowable tolerances. 6. Close site surveys with an error of closure equal to or less than the standard established by authorities having jurisdiction. C. Site Improvements: Locate and lay out site improvements, including pavements, grading, fill and topsoil placement, utility slopes, and invert elevations. D. Record Log: Maintain a log of layout control work. Record deviations from required lines and levels. Include beginning and ending dates and times of surveys, weather conditions, name and duty of each survey party member, and types of instruments and tapes used. Make the log available for reference by Owner.

EXECUTION REQUIREMENTS 01700 -2 City of Durham Athletic Courts Renovation – Piney Wood Park

E. Use of Owner Representative’s CAD drawings is at Contractor’s own risk. Owner Representative is not responsible if discrepancies are discovered but not reported. F. The Contractor shall demolish and replace any work that does not meet the intentions of the drawings or that has unresolved discrepancies that are not brought to the Owner Representative’s attention prior to construction. 2.4 FIELD ENGINEERING A. Identification: Existing benchmarks, control points, and property corners are noted in the drawings. B. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations. 1. Do not change or relocate existing benchmarks or control points without prior written approval of Owner. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or control points to Owner before proceeding. 2. Replace lost or destroyed permanent benchmarks and control points promptly. Base replacements on the original survey control points. C. Benchmarks: Establish and maintain a minimum of two (2) permanent benchmarks on Project site, referenced to data established by survey control points. Comply with authorities having jurisdiction for type and size of benchmark. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. 2. Where the actual location or elevation of layout points cannot be marked, provide temporary reference points sufficient to locate the Work. 3. Remove temporary reference points when no longer needed. Restore marked construction to its original condition. 2.5 INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make vertical work plumb and make horizontal work level. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component securely in place, accurately located and aligned with other portions of the Work. 1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Owner Representative. F. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. G. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. 2.6 PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Coordinate progress cleaning for joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully.

EXECUTION REQUIREMENTS 01700 -3 City of Durham Athletic Courts Renovation – Piney Wood Park

1. Comply with current requirements in National Fire Protection Association (NFPA) 241 for removal of combustible waste materials and debris. 2. Containerize hazardous and unsanitary waste materials separately from o t h e r waste. Mark containers appropriately and dispose of legally, according to regulations. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Exposed Surfaces: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. G. Cutting and Patching: Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty, and similar materials. 1. Thoroughly clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged pipe covering to its original condition. H. Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted. I. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. J. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. K. Limiting Exposures: Supervise construction operations to assure that no part of the construction completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period to the extent possible for normal events. 2.7 STARTING AND ADJUSTING A. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest. B. Adjust operating components for proper operation without binding. Adjust equipment for proper operation. C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. D. Manufacturer's Field Service: If required, a factory-authorized service representative shall inspect field-assembled components and equipment installation. 2.8 PROTECTION OF INSTALLED CONSTRUCTION A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. B. Comply with manufacturer's written instructions for temperature and relative humidity. 2.9 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged substrates and finishes.

EXECUTION REQUIREMENTS 01700 -4 City of Durham Athletic Courts Renovation – Piney Wood Park

1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired.

END OF SECTION 01700

EXECUTION REQUIREMENTS 01700 -5 City of Durham Athletic Courts Renovation Piney Wood Park

SECTION 01770 - CLOSEOUT PROCEDURES PART 1 - GENERAL

1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Inspection procedures. 2. Project Record Documents. 3. Operation and maintenance manuals. 4. Warranties. 5. Instruction of Owner's personnel. 6. Final cleaning. B. Related Sections include the following: 1. Division 1 Section 01320: "Construction Progress Documentation" for submitting Final Completion construction photographs and negatives. 2. Division 1 Section 01700: "Execution Requirements" for progress cleaning of Project site. 3. Divisions 2 for specific closeout and special cleaning requirements for products of those Sections. 1.3 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete in request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit 2 copies of specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Prepare and submit 2 copies of Project Record Documents, operation and maintenance manuals, Final Completion construction photographs, damage or settlement surveys, property surveys, and similar final record information. 6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 8. Submit changeover information related to the Owner’s occupancy, use, operation, and maintenance. 9. Complete final cleaning requirements, including touchup painting. 10. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. 11. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems.

CLOSEOUT PROCEDURES 01770-1 City of Durham Athletic Courts Renovation Piney Wood Park

B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Owner Representative will either proceed with inspection or notify Contractor of unfulfilled requirements. Owner Representative will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by the Owner Representative, that must be completed or corrected before certificate will be issued. 1. Re-inspection: Request re-inspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for Final Completion. 1.4 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion, complete the following: 1. Submit a final Application for Payment according to Division 1 requirements. 2. Submit certified copy of Owner Representative's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Owner. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Owner Representative and Owner Representative will either proceed with inspection or notify Contractor of unfulfilled requirements. Owner Representative will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Re-inspection: Request re-inspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.5 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Preparation: Submit (3) three copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. Include the following information at the top of each page: a. Project name. b. Date. c. Name of Owner d. Name of Contractor. e. Page number. 1.6 PROJECT RECORD DOCUMENTS A. General: Do not use Project Record Documents for construction purposes. Protect Project Record Documents from deterioration and loss. Provide access to Project Record Documents for Owner's reference during normal working hours. B. Record Drawings: Maintain and submit one original and one copy of blue- or black-line white prints of Contract Drawings and Shop Drawings. 1. Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked-up Record Prints. a. Give particular attention to information on concealed elements that cannot be readily identified and recorded later. b. Accurately record information in an understandable drawing technique.

CLOSEOUT PROCEDURES 01770-2 City of Durham Athletic Courts Renovation Piney Wood Park

c. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. d. Mark Contract Drawings or Shop Drawings, whichever is most capable of showing actual physical conditions, completely and accurately. Where Shop Drawings are marked, show cross-reference on Contract Drawings. 2. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at the same location. 3. Mark important additional information that was either shown schematically or omitted from original Drawings. 4. Note Construction Change Directive numbers, Change Order numbers, alternate numbers, and similar identification where applicable. 5. Identify and date each Record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. Organize into manageable sets; bind each set with durable paper cover sheets. Include identification on cover sheets. C. Record Specifications: Submit (2) copies of Project's Specifications, including addenda and contract modifications. Mark copies to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. 3. Note related Change Orders, Record Drawings, where applicable. D. Miscellaneous Record Submittals: Assemble (2) copies of miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. 1.7 OPERATION AND MAINTENANCE MANUALS A. Assemble two (2) complete sets of operation and maintenance data indicating the operation and maintenance of each piece of equipment. Include operation and maintenance data required in individual Specification Sections and as follows: 1. Maintenance Data: a. Manufacturer's information, including list of spare parts. b. Name, address, and telephone number of Installer or supplier. c. Maintenance procedures. d. Maintenance and service schedules for preventive and routine maintenance. e. Maintenance record forms. f. Sources of spare parts and maintenance materials. g. Copies of maintenance service agreements. h. Copies of warranties and bonds. B. Organize operation and maintenance manuals into suitable sets of manageable size. Bind and index data in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, in thickness necessary to accommodate contents, with pocket inside the covers to receive folded oversized sheets. Identify each binder on front and spine with the printed title "OPERATION AND MAINTENANCE MANUAL," Project name, and subject matter of contents. 1.8 WARRANTIES A. Submittal Time: Submit written warranties on request of Owner for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated.

CLOSEOUT PROCEDURES 01770-3 City of Durham Athletic Courts Renovation Piney Wood Park

B. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1. Bind warranties and bonds in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch paper. 2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. C. Provide additional copies of each warranty to include in operation and maintenance manuals. PART 2 - PRODUCTS

2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 - EXECUTION

3.1 DEMONSTRATION AND TRAINING A. Instruction: Instruct Owner's personnel to adjust, operate, and maintain systems, subsystems, and equipment not part of a system. 1. Provide instruction at mutually agreed-on times. 2. Schedule training with Owner with at least 10 days' advance notice. B. Develop an instruction session that includes training for all equipment as required by individual Specification Sections. Include instruction for the following: 1. Review of documentation. 2. Adjustments. 3. Maintenance. 4. Repair. 3.2 FINAL CLEANING A. Cleaning: Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. c. Rake grounds that are neither planted nor paved to a smooth, even-textured surface and apply a layer of mulch. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Clean exposed exterior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. f. Remove labels that are not permanent.

CLOSEOUT PROCEDURES 01770-4 City of Durham Athletic Courts Renovation Piney Wood Park

g. Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. 1) Do not paint over "UL" and similar labels, including mechanical and electrical nameplates. h. Leave Project clean and ready for occupancy. B. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully.

PART 4: GUARANTEE

A. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the Owner shall constitute an acceptance of Work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. B. The Contractor shall remedy any defects in the Work, and pay all expenses for any damage to other Work resulting there from, which shall appear within a period of one (1) year from the date of final acceptance of the work unless a longer period is specified elsewhere. The Owner shall give notice of observed defects with reasonable promptness. Mechanical equipment that carries a manufacturer’s warranty will be considered guaranteed for the extent of the warranty only. C. The Contractor shall submit to the Owner Representative, before final acceptance, two (2) copies of all warranties, guaranties, and surety bonds on the Work, as required in the Contract Documents. All such documents shall show the name of the Project, location, and name of the Owner.

END OF SECTION 01770

CLOSEOUT PROCEDURES 01770-5 City of Durham Athletic Courts Renovation Piney Wood Park

SECTION 02010: EXISTING CONDITIONS

PART 1: GENERAL

1.0 General: Existing conditions are shown in the Scope Specifications. The Contractor shall visit the site, familiarize himself with actual conditions and verify existing conditions in the field.

PART 2: PROTECTION

2.0 Protection:

a) Bench Marks: The Contractor shall maintain carefully all bench marks, monuments and other referenced points. If disturbed or destroyed, the Contractor shall replace as directed at no additional cost to the Owner.

b) Existing Utilities: The existence and location of underground and other utilities indicated as existing are not guaranteed by the Owner. The Contractor shall verify the existence and location of utilities within the construction limits. The Contractor shall be held responsible for any damage to underground or overhead utility lines and shall promptly repair and restore services at no additional cost to the Owner.

c) Other Existing Work Remaining: All existing conditions outside the Contract limits, curbs, sidewalks and paving damaged in performance of this work shall be restored without extra cost to the Owner in the manner prescribed by authorities having jurisdiction.

END OF SECTION 02010

EXISTING CONDITIONS 02010-1 City of Durham Athletic Courts Renovation Piney Wood Park

SECTION 02070: SELECTIVE DEMOLITION

PART 1: GENERAL

1.0 RELATED DOCUMENTS: The General Contract Conditions, Drawings and other Division-1 Specification sections apply to Work of this Section.

1.1 DESCRIPTION: The work of this section consists of as dictated by the specific park site and project: demolition and removal of existing tennis court surfacing and asphalt paving. The work also includes filling and grading, and disposal of unsalvageable materials.

1.2 QUALITY ASSURANCE: Comply with safety requirements for demolition, ANSI A10.6-83. Erect suitable barriers around open excavations. No blasting or burning will be permitted.

1.3 PROJECT CONDITIONS:

A. Keep dust to a minimum at removal areas. Use sprinklers or water trucks as necessary.

B. Ensure safety of persons in demolition area. Provide temporary barricades as required.

PART 2: PRODUCTS

2.1 FILL MATERIALS: Native soils, stone, gravel, or sand, free of debris, frozen m a t e r i a l s , and roots and other organic matter.

PART 3: EXECUTION

3.1 PREPARATION:

A. Protect structures, pavement, trails, utilities, and vegetation to remain.

3.2 DEMOLITION:

A. Pavement/Misc Structures:

1. Pulverize asphalt paving, Remove old court surfacing and miscellaneous items such as tennis fence posts, perimeter fencing and footings as required and as directed. Haul material off site.

3.3 RESTORATION:

A. Backfilling: Ensure that areas to be filled are free of standing water, frost, frozen material, and debris. Place fill materials in accordance with Section 02200.

SELECTIVE DEMOLITION 02070-1 City of Durham Athletic Courts Renovation Piney Wood Park

B. Grading: 1. Restored Areas: Grade surface to blend with original contours and provide free drainage flow. All ruts and depressions shall be re-graded to a smooth natural appearance. 2. New Construction Areas: Grade as indicated in construction documents.

3.4 DISPOSAL:

A. Remove trash, debris and waste materials, and legally dispose of it off the property.

END OF SECTION 02070

SELECTIVE DEMOLITION 02070-2 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 02200 – EARTHWORK

PART 1: GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section.

B. Section 321250 Full Depth Reclamation

1.2 SUMMARY

This Section includes the following:

A. Preparing of subgrade for court renovation

B. Excavating and backfilling for underground utilities.

C. Root Pruning

1.3 DEFINITIONS

A. Excavation consists of removal of material encountered to subgrade elevations indicated and subsequent disposal of materials removed.

B. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of the Owner's geotechnical representative and the Owner. Unauthorized excavation, as well as remedial work directed by the Owner's geotechnical representative, shall be at Contractor's expense.

a. In locations other than those above, backfill and compact unauthorized excavations as specified for authorized excavations of same classification, unless otherwise directed by the owner and the Owner's geotechnical representative. C. Additional Excavation: IF the Owner's geotechnical representative determines that bearing materials at required subgrade elevations are unsuitable AND IF the owner authorizes additional excavation in lieu of other soil stabilization and full-depth reclamation procedures THEN continue excavation until suitable bearing materials are encountered and replace excavated material as directed by the Owner's geotechnical representative. The Contract Sum may be adjusted by an appropriate Contract Modification.

a. Removal of unsuitable material and its replacement as directed will be paid on basis of Conditions of the Contract relative to changes in work.

CI. Subgrade: The undisturbed earth or the compacted soil layer immediately below granular subbase, drainage fill, or topsoil materials.

CII. Structure: Buildings, foundations, slabs, tanks, curbs, or other man-made stationary features occurring above or below ground surface.

EARTHWORK 02200-1 City of Durham Athletic Courts Renovation – Piney Wood Park

1.4 QUALITY ASSURANCE

A. Codes and Standards: Perform excavation work in compliance with applicable requirements of authorities having jurisdiction.

B. Testing and Inspection Service: The City of Durham will hire a qualified geotechnical testing and inspection laboratory to perform soil testing, provide inspection service during earthwork operations, and to determine and quantify rock and unsuitable soils.

C. Testing Laboratory Qualifications: To qualify for acceptance, the geotechnical testing laboratory must demonstrate to Owner Representative's satisfaction, based on evaluation of laboratory-submitted criteria conforming to ASTM E 699, that it has the experience and capability to conduct required field and laboratory geo-technical testing without delaying the progress of the Work.

D. Additional test borings and other exploratory operations may be performed by Contractor, at the Contractor's option; however, no change in the Contract Sum will be authorized for such additional exploration.

1.5 PROJECT CONDITIONS

A. Existing Utilities: Locate existing underground utilities in area of excavation work. If utilities are indicated to remain in place, provide adequate means of support and protection during earthwork operations.

B. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult utility owner immediately for directions. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner.

C. Do not interrupt existing utilities serving facilities occupied by Owner or others, during occupied hours, except when permitted in writing by Owner Representative and then only after acceptable temporary utility services have been provided.

1. Provide minimum of 48-hour notice to Owner Representative, and receive written notice to proceed before interrupting any utility.

D. Demolish and completely remove from site existing underground utilities indicated to be removed. Coordinate with utility companies for shutoff of services if lines are active.

E. Use of Explosives: Use of explosives is not permitted.

F. Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights.

G. Operate warning lights as recommended by authorities having jurisdiction.

H. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations.

EARTHWORK 02200-2 City of Durham Athletic Courts Renovation – Piney Wood Park

I. Perform excavation by hand within dripline of large trees to remain. Protect root systems from damage or dry-out to the greatest extent possible. Maintain moist condition for root system and cover exposed roots with moistened burlap.

PART 2 - PRODUCTS

2.1 SOIL STABILIZATION (FULL DEPTH RECLAMATION) A. Portland cement stabilization consisting of a manipulation of the existing sub-base to a depth of 12” with 5% cement added at a rate of 65 lbs/SY. Soil Stabilization consists of manipulation, as well as grading and compacting.

2.2 SOIL MATERIALS

A. Satisfactory soil materials are defined as those complying with ASTM D 2487 soil classification groups GW, GP, GM, ML, SM, SW, MH, CH, CL and SP.

B. Unsatisfactory soil materials are defined as those complying with ASTM D 2487 soil classification groups GC, SC, OL, OH, and PT.

C. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, crushed slag, and natural or crushed sand.

D. Drainage Fill: Washed, evenly graded mixture of crushed stone, or crushed or uncrushed gravel, with 100 percent passing a 1-1/2 inch sieve and not more than 5 percent passing a No. 4 sieve.

E. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetation and other deleterious matter.

PART 3 - EXECUTION

3.1 EXCAVATION

A. Excavation Classifications: The following classifications of excavation will be made when rock is encountered:

1. EARTH:

Earth Excavation includes excavation of pavements and other obstructions visible on surface; underground structures, utilities, and other items indicated to be demolished and removed; together with earth and other materials encountered that are not classified as rock or unauthorized excavation.

2. TRENCH ROCK:

Rock excavation for trenches and pits includes removal and disposal of materials and obstructions encountered that cannot be excavated with a track-mounted power excavator, equivalent to Caterpillar Model No. 215C LC, and rated at not less than 125 HP flywheel power and 36,500-pound drawbar pull and equipped with a short stick and a 42-inch wide,

EARTHWORK 02200-3 City of Durham Athletic Courts Renovation – Piney Wood Park short tip radius rock bucket rated at 0.81 cubic yard (heaped) capacity. Trenches in excess of 10 feet in width and pits in excess of 30 feet in either length or width are classified as open excavation.

3. GENERAL ROCK:

Rock excavation in open excavations includes removal and disposal of materials and obstructions encountered that cannot be ripped by a 385 hp dozer with a single-tooth ripper having a draw-pull of 92,000 lbs. at 1 mph.

a) Typical of materials classified as rock are boulders 1/2 cu. yd. or more in volume, solid rock, rock in ledges, and rock-hard cementitious aggregate deposits.

b) Intermittent drilling, blasting, or ripping performed to increase production and not necessary to permit excavation of material encountered will be classified as earth excavation.

c) Do not perform rock excavation work until material to be excavated has been cross-sectioned and classified by the Owner's geotechnical representative. Such excavation will be paid on basis of Contract Conditions relative to changes in work. d) Rock payment lines are limited to the following:

e) Two feet outside of concrete work for which forms are required, except footings.

f) In pipe trenches, 6 inches below invert elevation of pipe and 2 feet wider than inside diameter of pipe, but not less than 3 feet minimum trench width.

B. STABILITY OF EXCAVATIONS

1. General: Comply with local codes, ordinances, and requirements of agencies having jurisdiction. An engineer registered in the state of North Carolina must seal all shoring and bracing plans. Submit plans to the Owner Representative for approval.

2. Slope sides of excavations to comply with local codes, ordinances, and requirements of agencies having jurisdiction. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. Maintain sides and slopes of excavations in safe condition until completion of backfilling.

3. Shoring and Bracing: Provide materials for shoring and bracing, such as sheet piling, uprights, stringers, and cross braces, in good serviceable condition. Maintain shoring and bracing in excavations regardless of time period excavations will be open. Extend shoring and bracing as excavation progresses.

4. Provide permanent steel sheet piling or pressure-creosoted timber sheet piling wherever subsequent removal of sheet piling might permit lateral movement of soil under adjacent structures. Cut off tops a minimum of 2'-6" below final grade and leave permanently in place.

EARTHWORK 02200-4 City of Durham Athletic Courts Renovation – Piney Wood Park C. DEWATERING

1. Prevent surface water and subsurface or ground water from flowing into excavations and from flooding project site and surrounding area.

2. Do not allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of subgrades and foundations. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations.

3. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rain water and water removed from excavations to collecting or runoff areas. Do not use trench excavations as temporary drainage ditches.

4. Any site soils materials which have become unsuitable due to failure of the contractor to adequately divert/manage runoff on the site shall be removed and replaced at no cost to the Owner.

D. STORAGE OF EXCAVATED MATERIALS

1. Stockpile excavated materials acceptable for backfill and fill where directed. Place, grade, and shape stockpiles for proper drainage.

2. Locate and retain soil materials away from edge of excavations. Do not store within drip line of trees indicated to remain.

3. Dispose of excess excavated soil material and materials not acceptable for use as backfill or fill.

E. EXCAVATION FOR PAVEMENTS 1. Cut surface under pavements to comply with cross-sections, elevations and grades as indicated.

F. TRENCH EXCAVATION FOR PIPES AND CONDUIT

1. Excavate trenches to uniform width, sufficiently wide to provide ample working room and a minimum of 6 to 9 inches of clearance on both sides of pipe or conduit.

2. Excavate trenches and conduit to depth indicated or required to establish indicated slope and invert elevations and to support bottom of pipe or conduit on undisturbed soil. Beyond building perimeter, excavate trenches to allow installation of top of pipe below frost line.

3. Where rock is encountered, carry excavation 6 inches below required elevation and backfill with a 6-inch layer of crushed stone or gravel prior to installation of pipe.

EARTHWORK 02200-5 City of Durham Athletic Courts Renovation – Piney Wood Park

4. For pipes or conduit less than 6 inches in nominal size and for flat-bottomed, multiple-duct conduit units, do not excavate beyond indicated depths.

5. Hand-excavate bottom cut to accurate elevations and support pipe or conduit on undisturbed soil.

6. For pipes and equipment 6 inches or larger in nominal size, shape bottom of trench to fit bottom of pipe for 90 degrees (bottom 1/4 of the circumference). Fill depressions with tamped sand backfill. At each pipe joint, dig bell holes to relieve pipe bell of loads ensure continuous bearing of pipe barrel on bearing surface.

G. COLD WEATHER PROTECTION

1. Protect excavation bottoms against freezing when atmospheric temperature is less than 35 degrees F.

H. BACKFILL AND FILL

1. General: Place soil material in layers to required subgrade elevations, for each area classification listed below, using materials specified in Part 2 of this Section.

2. Under grassed areas, use satisfactory excavated or borrow material.

3. Under walks and pavements, use subbase material, satisfactory excavated or borrow material, or a combination.

4. Under piping and conduit and equipment, use subbase materials where required over rock bearing surface and for correction of unauthorized excavation. Shape excavation bottom to fit bottom 90 degrees of cylinder.

5. Do not backfill trenches until tests and inspections have been made and backfilling is authorized by Owner's independent geotechnical representative. Use care in backfilling to avoid damage or displacement of pipe systems.

6. Backfill excavations as promptly as work permits, but not until completion of the following:

7. Acceptance of construction below finish grade including, where applicable, damp-proofing, waterproofing, and perimeter insulation.

8. Inspection, testing, approval, and recording locations of underground utilities have been performed and recorded.

9. Removal of concrete formwork.

10. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. Cut off temporary sheet piling driven below bottom of structures and remove in manner to prevent settlement of the structure or utilities, or leave in place if required. 11. Removal of trash and debris from excavation.

EARTHWORK 02200-6 City of Durham Athletic Courts Renovation – Piney Wood Park

12. Permanent or temporary horizontal bracing is in place on horizontally supported walls.

13. Backfilling with excavated rock is permitted under grassed areas as long as the rock material is compacted, stabilized and overlaid with at least 3-1/2' of Backfill and Fill Material, as defined under Part 2 of the specification. Rock backfill is not permitted in the reinforcement zone of segmental retaining walls, under utility lines and structures, or directly behind cast-in- place retaining walls.

I. PLACEMENT AND COMPACTION

1. Ground Surface Preparation: Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow strip, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill material will bond with existing surface.

2. When existing ground surface has a density less than that specified under "Compaction" for particular area classification, break up ground surface, pulverize, moisture-condition to optimum moisture content, and compact to required depth and percentage of maximum density.

3. Place backfill and fill materials in layers not more than 6 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand-operated tampers.

4. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. Compact each layer to required percentage of maximum dry density or relative dry density for each area classification. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice.

5. Place backfill and fill materials evenly adjacent to structures, piping, or conduit to required elevations. Prevent wedging action of backfill against structures or displacement of piping or conduit by carrying material uniformly around structure, piping, or conduit to approximately same elevation in each lift.

6. Control soil and fill compaction, providing minimum percentage of density specified for each area classification indicated below. Correct improperly compacted areas or lifts as directed by Owner Representative if soil density tests indicate inadequate compaction.

7. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentages of maximum density, in accordance with ASTM D 698:

8. Under pavements, building slabs, and retaining walls, compact top 12 inches of subgrade layer of backfill or fill material at 95 percent maximum density.

9. Under walkways, compact top 6 inches of subgrade and each layer of backfill or fill material at 95 percent maximum density.

EARTHWORK 02200-7 City of Durham Athletic Courts Renovation – Piney Wood Park

10. Moisture Control: Where subgrade or layer of soil material must be moisture conditioned before compaction, uniformly apply water to surface of subgrade or layer of soil material. Apply water in minimum quantity as necessary to prevent free water from appearing on surface during or subsequent to compaction operations. 11. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. 12. Stockpile or spread soil material that has been removed because it is too wet to permit compaction. Assist drying by discing, harrowing, or pulverizing until moisture content is reduced to a satisfactory value.

J. PAVEMENT SUBBASE COURSE

1. General: Subbase course consists of placing subbase material, in layers of specified thickness, over subgrade surface to support a pavement base course. 2. Refer to other Division 2 sections for paving specifications. 3. Grade Control: During construction, maintain lines and grades including crown and cross-slope of subbase course. 4. Shoulders: Place shoulders along edges of subbase course to prevent lateral movement. Construct shoulders of acceptable soil materials, placed in such quantity to compact to thickness of each subbase course layer. Compact and roll at least a 12-inch width of shoulder simultaneous with the compaction and rolling of each layer of subbase course. 5. Placing: Place subbase course material on prepared subgrade in layers of uniform thickness, conforming to indicated cross-section and thickness. Maintain optimum moisture content for compacting subbase material during placement operations. 6. When a compacted subbase course is indicated to be 6 inches thick or less, place material in a single layer. When indicated to be more than 6 inches thick, place material in equal layers, except no single layer more than 6 inches or less than 3 inches in thickness when compacted. Compact sub-base backfill material at 100 percent maximum density in accordance with ASTM D 698. K. FIELD QUALITY CONTROL

1. Quality Control Testing During Construction: Allow testing service to inspect and approve each subgrade and fill layer before further backfill or construction work is performed. 2. Perform field density tests in accordance with ASTM D 1556 sand cone method) or ASTM D 2167 (rubber balloon method), as applicable. 3. Field density tests may also be performed by the nuclear method in accordance with ASTM D 2922, providing that calibration curves are periodically checked and adjusted to correlate to tests performed using ASTM D 1556. In conjunction with each density calibration check, check the calibration curves furnished with the moisture gages in accordance with ASTM D 3017. 4. If field tests are performed using nuclear methods, make calibration checks of both density and moisture gages at beginning of work, on each different type of material encountered, and at intervals as directed by the Owner Representative. 5. Paved Areas: Perform at least one field density test of subgrade for every 2,000 sq. ft. of paved area or building slab, but in no case fewer than three tests. In each compacted fill layer, perform one field density test for every 2,000 sq. ft. of overlaying building slab or

EARTHWORK 02200-8 City of Durham Athletic Courts Renovation – Piney Wood Park paved area, but in no case fewer than three tests.

6. If in opinion of Owner Representative, based on testing service reports and inspection, subgrade or fills that have been placed are below specified density, perform additional compaction and testing until specified density is obtained.

L. EROSION CONTROL

1. Provide erosion control methods in accordance with requirements of authorities having jurisdiction. M. MAINTENANCE

1. Protection of Graded Areas: Protect newly graded areas from traffic and erosion. Keep free of trash and debris. 2. Repair and reestablish grades in settled, eroded, and rutted areas to specified tolerances. 3. Reconditioning Compacted Areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, reshape, and compact to required density prior to further construction. 4. Settling: Where settling is measurable or observable at excavated areas during general project warranty period, remove surface (pavement, lawn, or other finish), add backfill material, compact, and replace surface treatment. Restore appearance, quality, and condition of surface or finish to match adjacent work, and eliminate evidence of restoration to greatest extent possible. N. DISPOSAL OF EXCESS AND WASTE MATERIALS

1. Removal from Owner's Property: Remove waste materials, including unacceptable excavated material, trash, and debris, and dispose of it off Owner's property.

END OF SECTION 02200

EARTHWORK 02200-9 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 02500: VINYL COATED CHAIN-LINK FENCE PART 1:

GENERAL

1.1 Overview

a) PVC (vinyl) coated chain-link fencing and accessories.

1.2 Submittals

a) Changes in specifications may not be made after the published date of bid. All submittals of substitutions must be approved before bid date.

b) Shop drawings of fence with all dimensions, details, and finishes. Drawings must include post foundations.

c) Product data: Manufacturers catalog indicating materials and a letter certifying that all conditions of the specifications have been met.

PART 2: PRODUCTS

2.1 Manufacturer

a) Products from other qualified manufacturers who have five years or more experience manufacturing PVC coated chain-link fencing will be considered by the Owner Representative as equal if they meet all specifications for design, size gauge of metal parts and fabrication.

b) Chain-link fence must be obtained from a single source.

2.2 Chain-link Fence Fabric

a) PVC coated over galvanized steel wire per ASTM F 668, Class 2b. Fabric shall be Class 2b thermally fused and bonded (6-10 mil PVC), conforming to ASTM F668, Class 2b.Wire to have 75,000 psi (517 MPa) tensile strength.

b) Chain-link fence fabric shall be made of steel wire helically wound and interwoven in such a manner as to provide a continuous mesh without knots or ties except in the form of knuckling or twisting the ends of the wire to form the desired selvage of the fabric. Height of ten (10) feet as indicated in the scope of work, 1 3/4” (50 mm) diamond mesh, and a core wire diameter of 9 gauge with 8 gauge finish(50 mm). The wire breakload or strength to be 1200 lbf. Color: black.

c) Selvage of fabric knuckle top; knuckle bottom.

2.3 PVC Coated Steel Frame Fence Members

VINYL COATED CHAIN-LINK FENCE 02500 - 1 City of Durham Athletic Courts Renovation – Piney Wood Park

a) Type A steel pipe (Schedule 40) per ASTM F 1083 having a minimum yield strength 30,000 psi (205 Mpa) and minimum tensile strength 48,000 psi (330 MPa). Pipe coated inside and outside by hot dipped methods. Minimum 1.8 oz/ft2 (55 g/m2) of surface.

b) An outer coat of PVC in accordance with ASTM F 1043 in a thickness of 10-15 mils (0.254– 0.381 mm) to be applied by thermal fusion process in color to match fabric.

c) End and Corner Post 3” OD (60.3 mm) 3.117 lbs/ft (4.64 kg/m)

Line (intermediate) Post 2 1/2” OD (48.3 mm) 2.281 lbs/ft (3.30 kg/m) Rail and

5 Braces 1 /8” OD (42.2 mm) 1.830 lbs/ft (2.72 kg/m)

Corner and gate posts are 3” OD and line posts are 2 ½” OD typical

2.4 Fittings (All PVC Coated)

a) Chain-link fence and gate fittings per ASTM F 626. All ferrous metal fittings to be galvanized and coated with PVC to match framework and fabric.

b) Post caps: Steel, cast iron or aluminum alloy; must be weatherproof to prevent moisture intrusion into post. Intermediate or line post tops to have loop for top rail when specified.

c) Rail ends: Formed steel or iron, designed to provide secure connection of top rails to terminal post and brace or other rails to terminal and intermediate posts.

d) Sleeves: Lengths of top rails to be connected using 6” (152 mm) sleeves that allow for expansion or contraction of the rail.

e) Fabric bands and rail bands to be pressed steel.

3 f) Tension (stretcher) bars made of one continuous piece of steel, aluminum, or fiberglass, /16“ x ¾” (4.76 mm x 19 mm). Provide one bar per end or gate post and two bars per corner or pull post.

g) Tension wire: Galvanized steel wire, 7 gauge, [0.177” (4.5 mm)], having a tensile strength of 75,000 psi (517 MPa).

5 h) Truss rods & tightener: Rod minimum diameter /16“ (7.9 mm).

i) Fasteners: All nuts and bolts to be galvanized and field painted to match fence.

2.5 Setting Materials

a) Concrete: Minimum 28 day compressive strength of 3,000 psi (20 MPa).

PART 3: EXECUTION

VINYL COATED CHAIN-LINK FENCE 02500 - 2 City of Durham Athletic Courts Renovation – Piney Wood Park

3.1 Examination

a) Verify areas to receive fencing are completed to final grades and elevations.

b) Property lines and legal boundaries of work to be clearly established by the General Contractor or property owner.

3.2 Chain-link Fence Framing Installation

a) Install chain-link fence and gates in accordance with ASTM F 567.

b) Space line posts equidistant at ten feet (10’) maximum center to center of posts.

c) Set terminal posts at beginning and end of each continuous length of fence and where abrupt changes in grade or direction of fence occur (30º or more).

d) Set posts in concrete. Dig holes having a diameter four (4) times the diameter of the post, and 6” (152 mm) deeper than the bottom of the post. Forms are not necessary or recommended. The fence post foundations shall be terminated below the asphalt.

e) Check each post for vertical and top alignment.

f) Securely attach brace rail and truss rod at midpoint of all fences 6' high and over, or any, fence without top rail. Adjust rod to insure posts remain vertically plumb after fabric is stretched. One brace per end or gate post. Two braces per corner or pull post.

g) Top rail: Install lengths, 21' (6400 mm). Connect joints with sleeves for rigid connections for expansion/contraction.

h) Bottom rails to be installed when shown on drawings.

3.3 Chain-link Fabric Installation

a) Fabric: Install fabric on court side and attach so that fabric remains in tension after pulling force is released. Leave approximately 3/4"-1” (50 mm) between finish grade and bottom selvage. Attach fabric with wire ties to line posts at 15" (381 mm) on center and to rails, braces, and tension wire at 24” (600 mm) on center.

b) Stretcher bars: Thread tension bar through fabric and attach to terminal posts with bands or clips spaced maximum of 15” (381 mm) on center.

3.4 Cleaning

a) Clean up debris and remove from the site.

END OF SECTION 02500

VINYL COATED CHAIN-LINK FENCE 02500 - 3 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 02513 – ASPHALT ATHLETIC COURT PAVING

PART 1 - GENERAL

1.1 WORK INCLUDED

A. Provide all equipment and materials, and do all work necessary to construct the asphalt concrete Athletic court paving, as indicated on the Drawings and as specified. Work includes, but is not limited to the following:

1. Grading of sub-base material 2. Asphalt intermediate course 3. Asphalt leveling course

1.2 RELATED WORK

A. Examine Contract Documents for requirements that affect work of this Section. Other Specification Sections that relate directly to work of this Section include, but are not limited to:

1. Section 02541 – Acrylic Athletic Court Playing Surface – New Asphalt Concrete 2. Section 321250 Full-Depth Reclamation

1.3 SUBMITTALS

A. Certificates:

1. A certificate from the asphalt concrete paving materials producer setting fourth the mix design that it intends to produce for this project. 2. A certificate from the asphalt concrete paving materials producer at the time of paving setting forth the mix design being produced for the material being delivered to the site. One certificate per day of paving operation will be required.

1.4 REFERENCES

A. Comply with applicable requirements of the following standards. Where these standards conflict with other specified requirements, the most restrictive requirements shall govern.

1. Provide hot-mix asphalt paving according to materials, workmanship, and other applicable requirements of standard specifications of state or local DOT

a) Standard Specification: North Carolina Department of Transportation (NCDOT). b) Measurement and payment provisions and safety program submittals included in standard specifications do not apply to this Section.

2. American Association of State Highway and Transportation Officials (AASHTO):

ASPHALT ATHLETIC COURT PAVING 02513 - 1 City of Durham Athletic Courts Renovation – Piney Wood Park

M 20 Penetration Grade Asphalt Cement M 140 Grade RS-1 Rapid Setting Emulsified Asphalt T 90 Determining the Plastic Limit and Plasticity Index of Soils

3. American Society for Testing and Materials (ASTM):

D 1557 Moisture-Density Relations of Soils and Soil Aggregate Mixtures Using 10-lb. (4.54-kg) Rammer and 18” (475-mm) Drop D 4123 Indirect Tension Test for Resilient Modulus of Bituminous Material D 4867 Effect of Moisture on Asphalt Concrete Paving Mixtures D6690 - 07 Standard Specification for Joint and Crack Sealants, Hot Applied, for Concrete and Asphalt Pavements

1.5 QUALITY ASSURANCE

A. Manufacturer Qualifications: A qualified manufacturer.

1. Manufacturer shall be a paving-mix manufacturer registered with and approved by authorities having jurisdiction or the DOT of the state in which Project is located.

B. Regulatory Requirements: Comply with NCDOT “Roadway Design Manual” for asphalt paving work.

C. Asphalt-Paving Publication: Comply with AI MS-22, "Construction of Hot Mix Asphalt Pavements," unless more stringent requirements are indicated.

D. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section.

E. Paving work, base course, etc., shall be done only after excavation and construction work which might damage them has been completed. Damage caused during construction shall be repaired before acceptance.

F. The finished surface of the leveling course is intended for use as a pickleball court. Therefore, the intent of this leveling course must be the determining factor in its construction. The latest state- of-the-art in pavement construction utilizing laser control systems should be employed to insure that this intent is achieved.

1.6 TESTING AND INSPECTION

A. The City reserves the right to retain an independent testing laboratory to perform inspection and testing of paving and associated work.

B. Contractor Testing: Prior to commencing court paving work of this Section, submit test results of ASTM D 4867 and ASTM D 4123. Surface course shall meet the standards of ASTM D 4867.

ASPHALT ATHLETIC COURT PAVING 02513 - 2 City of Durham Athletic Courts Renovation – Piney Wood Park

1.7 PROJECT CONDITIONS

A. Environmental Limitations: Do not apply asphalt materials if subgrade is wet or excessively damp or if the following conditions are not met:

1. Prime and Tack Coats: Minimum surface temperature of 60 deg F (15.5 deg C). 2. Slurry Coat: Comply with weather limitations of ASTM D 3910. 3. Asphalt Base Course: Minimum surface temperature of 40 deg F (4 deg C) and rising at time of placement. 4. Asphalt Surface Course: Minimum surface temperature of 60 deg F (15.5 deg C) at time of placement.

PART 2- PRODUCTS

1.7 AGGREGATE BASE COURSE

A. Material for aggregate base course shall be as follows:

B. Coarse Aggregate: ASTM D 692, sound; angular crushed stone, crushed gravel, or properly cured, crushed blast-furnace slag.

C. Fine Aggregate: ASTM D 1073, sharp-edged natural sand or sand prepared from stone, gravel, or combinations thereof.

1. For hot-mix asphalt, limit natural sand to a maximum of 20 percent by weight of the total aggregate mass.

Dense Graded Aggregate Stone: Course aggregates shall be hard, durable particles or fragments of limestone or granite stone. Materials that break up when alternately frozen and thawed or wetted and dried, shall not be used. All fragments shall contain at least one face resulting from fracture. The moisture content immediately prior to placement shall be 6 plus or minus 2% based on dry weight. Fine aggregate shall consist of natural or crushed stone or sand. Slag is not permitted.

Composite material shall be free from loam and clay, mineral pyrites, marcasite, iron, surface coatings, and deleterious materials, graded as follows:

Sieve Size (U.S.) Opening (mm) % Passing

1 1 /2" 38.1 100 3 /4" 19.0 55-90 No. 4 4.76 25-60 No. 50 .297 5-25 No. 200 0.74 3-12 Note: 1.When tested in accordance with AASHTO T 90, the portion passing the No. 40 sieve shall be non-plastic. 2. Use of asphalt surface course with a maximum particle size of 3/8" (9.5mm mix) 3. Pavement course thickness should be at least 3 times the maximum particle size of the aggregate used.

ASPHALT ATHLETIC COURT PAVING 02513 - 3 City of Durham Athletic Courts Renovation – Piney Wood Park

1.8 ASPHALT CONCRETE

A. Asphalt concrete for the Athletic courts shall be a plant-mixed, hot-laid paving material, consisting of clean, crushed rock aggregate, mineral filler, and asphalt cement conforming to the following, and as amended herein:

B. Asphalt Binder: AASHTO MP 1, PG 64-22.

C. Asphalt Cement: ASTM D 3381 for viscosity-graded material.

D. Prime Coat: ASTM D 2027, medium-curing cutback asphalt, MC-30 or MC-70.

E. Tack Coat: ASTM D 977, emulsified asphalt or ASTM D 2397, cationic emulsified asphalt, slow setting, diluted in water, of suitable grade and consistency for application.

F. Water: Potable.

Sieve Size (U.S.) Opening % Passing % Passing (mm) Intermediate Course Leveling Course 2" 50.8 100 - 1 1 /2" 38.1 90-100 - 1" 25.4 80-100 - 3 /4” 19.0 - - 1 /2” 12.7 50-85 100 3 /8” 9.51 - 80-100 No. 4 4.76 25-60 55-75 No. 8 2.38 20-50 30-60 No.16 1.19 - 20-45 No. 30 0.595 - 15-35 No. 50 0.297 8-30 10-30 No. 100 0.149 - - No. 200 0.074 4-12 4-10 Asphalt Cement 3.5-8 5-10 % of Total Weight of Mix Notes:

1. The asphalt cement content shall be determined by the type of aggregate being coated. It shall be the highest percentage allowable for the particular aggregate being coated. This pavement will not be a traffic bearing pavement, therefore the 3 asphalt cement content shall be raised three quarters to one percent ( /4% -1%) above that which would be normally specified by local DOT to increase flexibility and to resist cracking. The asphalt content shall not exceed optimum in any case.

ASPHALT ATHLETIC COURT PAVING 02513 - 4 City of Durham Athletic Courts Renovation – Piney Wood Park

The asphalt plant quality control laboratory shall submit a proposed mix design setting forth the normal and modified mix design indicating proposed and optimum asphalt content for the intended design. 2. The aggregates used in the mix shall be free from mineral pyrites, marcasite, wood particles or other deleterious materials which may cause staining/discoloration or interfere with the planarity or aesthetics of the playing surface. 3. Material passing the No. 200 sieve may consist of fine particles of the aggregate or mineral filler, or both. Material passing the No. 40 sieve shall be non-plastic when tested in accordance with AASHTO T 90. 4. Design requirements - the maximum size of coarse aggregate shall be no more than one-half of the proposed lift thickness. 5. Complete job mix formula, listing quantities and pertinent ingredient properties, shall be submitted to and approved by the City at least two weeks before paving is scheduled to begin.

1.9 ASPHALT MATERIALS

A. Asphalt cement used in paving mixtures shall be AC-20 conforming to AASHTO M-20 or M-226 or the asphalt cement in common use in the geographic area as dictated by climatic conditions.

B. Tack Coat: Emulsified asphalt, in accordance with local DOT specifications.

PART 3

2 - EXECUTION

2.1 GRADING

A. Areas to be paved will be compacted and brought to approximate subgrade elevation before work of this section is performed. Final grading, filling, and compaction of disturbed subgrade to receive paving, as required to form a firm uniform, accurate, free draining and unyielding subgrade at required elevations and to required lines shall be done under this Section.

B. Existing subgrade material which will not readily compact as required shall be removed and replaced with satisfactory materials. Additional materials needed to bring subgrade to required line and grade and to replace unsuitable material removed shall be material conforming to this Section.

C. Subgrade of areas to be paved shall be compacted as required to bring top eight inches of material immediately below base course to a compaction of at least 95% of maximum density, as determined by ASTM D 1557, Method D.

D. Areas being graded or compacted shall be kept shaped and drained during construction. Ruts greater than or equal to 2” deep in subgrade, shall be graded, or reshaped as required, and re-compacted before placing pavement.

E. Materials shall not be sorted or stockpiled on subgrade.

ASPHALT ATHLETIC COURT PAVING 02513 - 5 City of Durham Athletic Courts Renovation – Piney Wood Park

F. Disposal of debris and other materials excavated and/or stripped under this section, and material unsuitable for or in excess of requirements for completing work of this Section shall be legally disposed of off-site.

G. Prepared subgrade will be inspected by the City. Subgrade shall be approved by the City before installation of paving base course. Disturbance to subgrade caused by inspection procedures shall be repaired under this Section of the specification.

2.2 AGGREGATE BASE COURSE - GENERAL

A. Aggregate base course for paving and the spreading, grading, and compaction methods employed shall conform to standard requirements for base course for court construction and shall consist of the following:

1. Min. 10” of Dense Graded Crushed Stone Aggregate.

B. Compaction of aggregate base course shall be to 95% of maximum density for Dense Graded Crushed Stone, as determined by ASTM D1557, Method D. Stone greater than 2” shall be excluded from base course.

C. Pavement subbase shall not be placed on a muddy, unstable or frozen subgrade.

D. Aggregate material shall be applied in lifts less than or equal to 6” thickness, compacted measure. Each lift shall be separately compacted to specified density.

1. Materials shall be placed adjacent to walls, footings and other structures only after they have been set to required line and elevation. 2. Rolling of aggregate material shall continue until material does not creep or wave ahead of roller wheels. 1 3. Surface irregularities which exceed /2” from the true grade elevation at any point shall be replaced and properly compacted.

E. Subgrade and base course shall be kept clean and uncontaminated. Materials spilled outside pavement lines shall be removed and disturbed area repaired.

F. Portions of subgrade which become contaminated, softened, or dislodged by passing of traffic, or otherwise damaged, shall be cleaned, replaced, and otherwise repaired to conform to the requirements of this specification before proceeding with next operation.

2.3 AGGREGATE BASE COURSE QUALITY CONTROL

A. The aggregate base course and subsequent paving is intended for use as a pickleball court. Therefore, the intent of this aggregate base course must be the determining factor in its construction. The latest state-of-the-art pavement construction shall be utilized in these construction procedures.

ASPHALT ATHLETIC COURT PAVING 02513 - 6 City of Durham Athletic Courts Renovation – Piney Wood Park 2.4 ASPHALT PAVING

A. Asphalt paving mixture, equipment, methods of mixing and placing, and precautions to be observed as to weather, condition of base, etc., shall conform to standard local DOT practice and these Specifications for first-class Athletic court paving by skilled workers in accordance with the best practices of the trade.

B. Work shall not be performed during rainy weather or when temperature is less than 50° F or when temperature has been less than 40° F for 12 hours immediately prior to the application. Do not place asphalt material when base aggregate is wet or contains an excess of moisture.

C. Asphalt intermediate and leveling courses shall each be applied individually, in single lifts of full thickness as indicated on the Drawings. The thickness indicated on the drawings is thickness to be achieved after compaction.

D. Adjacent concrete work, etc., shall be protected from stain and damage during paving operation. Damaged and stained areas shall be replaced or repaired to equal their original condition.

E. Deliveries shall be timed to permit spreading and rolling all material during daylight hours, unless artificial light, satisfactory to the City is provided. Loads which have been wet by rain or otherwise will not be accepted. Hauling over freshly laid or rolled material will not be permitted. Material shall be at 280° F minimum at time of placing. Leveling course material shall not exceed 320° F maximum at time of placing.

F. Placing and rolling of mixture shall be as nearly continuous as possible. Rolling shall begin as soon after placing as mixture will bear the operation without undue displacement. Delays in rolling freshly spread mixture will not be permitted. Rolling shall proceed longitudinally, starting at edge of newly placed material and proceeding toward previously rolled areas. Rolling overlap 1 on successive strips shall be greater than or equal to /2 width of roller rear wheel. Alternate passes of roller shall be of slightly different lengths. Corrections required in surface shall be made by removing or adding materials before rolling is completed. Skin patching of areas where rolling has been completed will not be permitted. Surface shall be subjected to diagonal rolling, crossing lines of the first rolling while mixture is hot and in compatible condition. Displacement of mixture or other fault shall be corrected at once by use of rakes or lutes and application of fresh mixture or removal and replacement of mixture, as required. Rolling of each course shall be continued until roller marks are eliminated. Roller shall pass over unprotected edge of course only when paving is to be discontinued for sufficient time to permit mixture to become cold. Compacted pavement shall have a maximum of 4% air voids.

1. Intermediate course: Compact intermediate course using a 6-8 ton static tandem roller. 2. Leveling Course: Compact leveling course using a 3-5 ton static tandem roller. Do not over compact.

G. In places not accessible to roller, mixture shall be compacted with hand tampers. Hand tampers shall weigh at least 50 lb. and shall have a tamping area of less than or equal to 100 sq. in. Mechanical tampers capable of equal compaction will be acceptable in areas in which they can be employed effectively.

ASPHALT ATHLETIC COURT PAVING 02513 - 7 City of Durham Athletic Courts Renovation – Piney Wood Park

H. Portions of pavement courses which become mixed with foreign material or are in any way defective shall be removed, replaced with fresh mixture, and compacted to density of surrounding areas. Asphalt materials spilled outside lines of finished pavement shall be immediately and completely removed. Such materials shall not be employed in the work.

I. Joints shall present same texture, density, and smoothness as other sections of the course. Continuous bond shall be obtained between portions of existing and new pavements and between successive placements of new pavement. New material at joints shall be thick enough to allow for compaction when rolling. Compaction of pavement, base and subgrade at joints shall be such that there is no yielding of new pavement relative to existing pavement when subjected to traffic. Offset leveling course joints a minimum of 2’ from intermediate course joints.

J. Variations in planarity of finished surface shall be less than or equal to the following tolerances when compared to the true grade elevation.

1 1. Intermediate course - /4”. 1 2. Leveling course - /8”. 3. Irregularities exceeding these tolerances or which retain water on the surface when flooded shall be corrected by removing defective work and replacing with new material conforming to this Section. 4. The finished asphalt pavement shall be allowed to cure for a full thirty (30) day period after the completion of the leveling course. The contractor shall notify the City as to the completion date of the leveling course and the 30 day curing period.

2.5 EXISTING PAVEMENT

A. Abutting Existing Pavement: In areas where new bituminous pavement abuts existing pavement, the existing pavement shall be saw cut to its full depth to form straight lines and the resulting vertical face shall be painted with tack coat material in accordance with local DOT requirements.

END OF SECTION 02513

ASPHALT ATHLETIC COURT PAVING 02513 - 8 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 2541: ACRYLIC ATHLETIC COURT SURFACING SYSTEM

PART 1-GENERAL

1.1 WORK INCLUDED

A. Provide all equipment and materials and do all work necessary to furnish and apply an acrylic court playing surface system as specified.

1.2 RELATED WORK

A. Examine contract documents for requirements that affect work of this section. Other specification sections that directly relate to work of this section include but are not limited to:

1. Section 02413 – Asphalt Concrete Athletic Court Paving

1.3 REFERENCES

A. Unless otherwise indicated, all pickleball court playing lines shall conform to the Rules of pickleball:

1. USA Pickleball - https://usapickleball.org/what-is-pickleball/court-diagram/

1.4 SUBMITTALS

A. Product Data: Submit product data in the form of manufacturer technical data, specifications, and application instructions for the playing surface system.

B. Color Charts: Submit color charts for the selection of the court surface color.

1.5 COORDINATION

A. Pickleball court surfacing system shall be applied to the new asphalt concrete:

1. After the asphalt concrete pavement surface has been thoroughly cleaned and prepared.

1.6 QUALITY ASSURANCE

A. The court surface system shall be applied in accordance with accepted standards of the American Sports Builders Association by skilled mechanics in a workmanlike manner in accordance with accepted practices of the trade.

B. Single source responsibility: The surface system shall be manufactured by a single manufacturer to insure compatibility of products and to define a single source responsibility.

ACRYLIC ATHLETIC COURT SURFACING SYSTEM 02541 - 1 City of Durham Athletic Courts Renovation – Piney Wood Park

1.7 WARRANTY

A. Provide manufacturer's warranty for all materials incorporated into the court surface system.

B. Contractor shall warrant the completed court surface system against defects in workmanship and materials for a period of two years after the date of substantial completion.

C. Defective materials and workmanship may be defined as, but not necessarily limited to, the following; lack of system coalescence, loss of adhesion, cohesion in any surfacing components which covers the surfacing system to not serve its intended purposes. Surface failures in the form of tears, delamination, blistering, bubbling or splits not caused by the City or any other causes are indications of defective material or workmanship.

D. Manufacturer and contractor shall warrant the completed playing surface against chalking, checking, fading, discoloration, or other adverse effects from ultra violet rays of the sun, from weather moisture, or from weather temperatures.

E. Materials shall be delivered to the construction site in their original unused and unopened containers clearly labeled with trade name and name of manufacturer.

PART 2 - PRODUCTS

1.8 COURT SURFACING MATERIAL

A. The court surfacing system shall be an acrylic surface system desired by the City to produce the playing characteristics required for the intended use of the facility.

B. Obtain all court surfacing materials and components including leveling materials from a single manufacturer. Provide secondary materials as recommended and approved only in writing by manufacturer of primary surfacing materials.

C. All color coats should contain sand.

D. Manufacturers considered to have acceptable, equivalent surface systemsare:

1. Nova Sports, USA P.O. Box 1481 Framingham, MA 01701 1-800- USA- NOVA

Novalevel (Patching)

Novasurface Resurfacer (2 coats)

Nova Combination (2 coats)

Seal-A-Line (1 coat)

Novatex (1 coat)

ACRYLIC ATHLETIC COURT SURFACING SYSTEM 02541 - 2 City of Durham Athletic Courts Renovation – Piney Wood Park

2. Plexipave, A Division of California Products 150 Dascomb Road Andover, MA 01810 1-800-225-1141

Court Patch Binder (Patching) Acrylic

Resurfacer (2 coats) Fortified

Plexipave (2 coats)

Hi-Hide Plexicolor Line Paint – Textured (1 coat)

3. SportMaster Sport Surfaces P.O. Box 2277 Sandusky, OH 44870 1-800-395-7325

Acrylic Adhesion Promoter (1 coat)

Acrylic Patch Binder (Patching) Acrylic

Resurfacer with Sand (2 coats) Color Plus

System with Sand (2 coats) Stripe Rite (1

coat)

T/C White Line Paint with Sand (1 coat)

4. Laykold Advanced Polymer Technology PO Box 160 Harmony, PA 16037 1-724-452-1330

See the link to the Specification Below:

https://ebinder.sportsbyapt.com/wp-content/uploads/2018/08/Laykold_ColorFlex_Spec_080318.pdf

ACRYLIC ATHLETIC COURT SURFACING SYSTEM 02541 - 3 City of Durham Athletic Courts Renovation – Piney Wood Park

D. If the surfacing contractor desires to use a surface system other than the surface system set forth above, complete manufacturer's literature, product data sheets and a description of the surface system must be submitted to the City for review a minimum of 15 days prior to commencement of the surface system application. The City, at its discretion may approve or disapprove the substitute system if in its sole judgment the proposed system does not satisfy the system design criteria set forth by the City.

PART 3- EXECUTION

1.9 COURT SURFACING - GENERAL

A. Pavement Surface Observation

1. Prior to the application of the court surface system, the contractor shall observe the asphalt paving on all courts to be surfaced in accordance with this section. All surface irregularities shall be marked, noted, and corrected prior to the start of any surfacing work. Surface irregularities shall include, but not be limited to, the following: poorly constructed joints, overly coarse pavement surface, oily or "fat" spots, surface contamination by dirt, dust or chemical substances.

B. Pavement Surface Planarity Observation

1. Prior to application of the court surface system, the asphalt concrete surface shall be flooded with water and allowed to drain. Any depressions holding water deeper 1 than /16” shall be patched and leveled in accordance with recommendations of the manufacturer of the court surfacing material specified herein.

C. Pavement Surface Preparation

1. Preparation of the asphalt surface shall include all work necessary to provide a clean, uniform, and sound surface free from any extraneous materials that could affect the adhesion of the surface system. The surface of the asphalt shall be thoroughly cleaned by the use of a power broom or power wash. All oil spots or oily residue shall be removed. The entire surface shall be checked for minor depressions or irregularities or areas not meeting the surface tolerance specified. Depressed areas and surface irregularities shall be corrected using an acrylic based patching material.

D. Weather Conditions

1. Water emulsion systems set forth in this specification shall be applied in dry weather and only when the pavement and atmospheric temperature is 50° F or above. Application shall not be permitted when precipitation is anticipated before the film dries to a rain-resistant condition, or when temperature and humidity conditions are such that the emulsion systems could not dry thoroughly before a minimum pavement temperature of 45° F occurs. Each application shall be thoroughly dry and cured prior to the application of succeeding applications.

ACRYLIC ATHLETIC COURT SURFACING SYSTEM 02541 - 4 City of Durham Athletic Courts Renovation – Piney Wood Park

1.10 SURFACE SYSTEM

A. Surface System Application

1. Application of the court surface system shall commence after the Work specified in Section 1.5 has been completed and accepted by the City. The court surface system shall be applied in multiple applications. Individual surface system applications shall be made perpendicular to each other (alternated lengthwise and crosswise of the court) with the final application being applied parallel with the pickleball net line.

B. Surface System

1. The surface system shall consist of the applications described in 1.9.C above after the patching has been completed. 2. Application rates shall be in accordance with the manufacturer’s recommendations. 3. Prior to the application of the color course, the City shall observe the surface to insure that it is free from ridges, loose or foreign materials or other surface irregularities.

C. Filler Coats

1. The acrylic filler coats shall be applied to fill the surface voids in the asphalt concrete course and to remove minor surface irregularities. Two applications shall be applied. The acrylic filler coat shall be mixed and applied in strict accordance with the manufacturer's recommendations.

D. Court Surface Color

1. The court surface color shall be as approved by the City.

E. Finished Court Surface Tolerance

1. The finished court surface when flooded with water and allowed to drain shall 1 have no depressions holding water deeper than /16", the thickness of a 5 cent piece (American coin). This depth is considered to be the allowable depth that will evaporate in a reasonable period of time after the remainder of the surface is dry, the time required for evaporation being dependent upon temperature, humidity, and wind velocity.

ACRYLIC ATHLETIC COURT SURFACING SYSTEM 02541 - 5 City of Durham Athletic Courts Renovation – Piney Wood Park

F. Playing Lines

1. The 78 foot court playing lines shall be 2" in width and shall be applied straight, true, and accurate. Allow a minimum of 24 hours for the color surfacing to dry before painting the lines. All lines shall be taped, sealed/primed and hand painted. Mechanical painting of the lines shall be unacceptable. No fuzzy edges or wavy lines will be acceptable. 2. The base line shall be 3” in width.

G. Curing Time

1. The court surface shall be allowed to cure for a minimum of 4 days before being opened to play.

END OF SECTION 02541

ACRYLIC ATHLETIC COURT SURFACING SYSTEM 02541 - 6 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 02920: SEEDING

PART 1: GENERAL

1.1 Summary

a) This Section includes Specifications for subgrade preparation, topsoil spreading, topsoil testing, fine grading, providing fertilizer, permanent seeding including all labor, material, maintenance, and equipment to complete the Work.

1.2 Related Sections

a) Other Sections contain requirements that relate to this Section and include, but are not limited to, the following:

1.3 References and Agency Standards

a) Some products and execution are specified in this section by reference to published specifications or standards of the following:

1. N.C. Department of Agriculture (NCDA)

2. U.S. Department of Agriculture (USDA)

3. Association of Official Seed Analysts (AOSA)

1.4 Submittals

a) Soil Report: Submit 14 days prior to any soil preparation Work taking place on site.

b) Samples: Submit three samples and Manufacturer’s certified, guaranteed analysis of the following items:

1. Soil amendments;

2. Fertilizers and chemicals.

c) Submit seed vendor's certified statement, product labels, and tags as well as any other data from all bags for grass seed mixture, stating botanical and common name, percentage by weight and percentages of purity, germination, and weed seed to the Owner Representative for approval. Only Blue Tag Certified varieties shall be accepted.

d) All Work shall be under the supervision and guidance of a qualified and Registered North Carolina Licensed Landscape Contractor with documented experience in performing Landscape Work of comparable size, scope, and quality. Submit name and license number of Landscape Contractor with qualification information after bidding, before award of Contract.

e) Maintenance Instructions: Recommended procedures to be established by the owner for maintenance of turf during a calendar year. SEEDING 02920 -1 City of Durham Athletic Courts Renovation – Piney Wood Park

f) Redline drawings of changes: Submit a neatly prepared set of red line drawings showing all changes to the Contract Drawings that were made in the field during installation. Include measurements and dimensions to show locations of changes, as well as quantities, varieties, etc. Submit prior to substantial completion.

1.5 Quality Assurance

a) Installer shall be a qualified and Registered North Carolina Licensed Landscape Contractor, with documented experience in performing Landscape Work of comparable size, scope, and quality.

b) It is required that the Work specified herein be observed by the Owner Representative. The Contractor shall request observance at least 24 hours in advance of the time such observance is required. Observance can be requested during the following portions of the Work:

1. Preliminary grading and soil preparation;

2. Observation of the size and condition of seed and rejection of unsatisfactory or defective material;

3. When finish grading has been completed, and before the planting of seed; and

4. When seeding has been completed.

c) Soil and Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; deleterious material; pH; and mineral and plant nutrient content of all existing or imported soil on the site.

1.6 Product delivery, Storage and Handling

a) Deliver seed in original sealed, labeled, and undamaged containers. Only use fresh, clean, dry, new-crop seed complying with the Association of Official Seed Analyst’s (AOSA's) "Journal of Seed Technology; Rules for Testing Seeds" for purity and germination tolerances.

b) Notify Owner Representative of sources of planting materials seven (7) days in advance of delivery to site. Submit name and type of seed, location, contact person and phone number.

1.7 Environmental Requirements

a) Do not broadcast or drop seed when wind velocity exceeds five (5) miles per hour. Seeding shall not be performed during any other weather conditions which may adversely affect landscape materials and planting conditions.

SEEDING 02920 -2 City of Durham Athletic Courts Renovation – Piney Wood Park

1.8 Site Conditions and Scheduling

a) Plant seed only after finish grades are established. Landscape Work shall not begin until structures, utilities, paving, and other improvements, which require access to or through planting areas, have been installed and accepted by the Owner Representative.

PART 2: PRODUCTS

2.1 Topsoil

a) Topsoil shall not contain stones, lumps, roots or any other extraneous material harmful to plant growth larger than one (1) inch in any dimension and shall conform to ASTM D 5268, pH range of 5.5 to 7 pH. When the topsoil has less than a 5.5 pH value, it shall be increased by applying pulverized limestone at a rate necessary to attain an approximate 6.5 pH value.

b) Material stripped from the following sources shall not be considered suitable for use as topsoil:

1. Chemically contaminated soils.

2. Areas from which the original surface has been stripped and/or covered over as borrow pits, open mines, demolition sites, dumps and sanitary landfills.

3. Wet excavation or Soil obtained from agricultural land, bogs, or marshes.

4. Topsoil furnished from sources outside the limits of the Project shall have a minimum organic content of not less than six percent (6%) by weight.

c) Soil Analysis Report

1. Provide soil tests which include the following requirements:

i. Soil Fertility: Half-saturation percent, pH, salinity, nitrate, ammonium, phosphate, potassium, calcium, magnesium.

ii. Agricultural Suitability: pH, salinity, boron, Sodium Absorption Ratio (SAR) using saturation paste extract.

iii. Particle Size/Appraisal: pH, salinity, organic percent, USDA Particle size.

iv. Germination (bio-assay) test.

2. The Soil Analysis Report shall include a statement that the laboratory has reviewed the Project Planting Specifications contained in Section 02920 – Seeding, and that its recommendations respond to the specific needs of the Project.

SEEDING 02920 -3 City of Durham Athletic Courts Renovation – Piney Wood Park

2.2 Fertilizer

a) The quality of all fertilizer and all operations in connection with the furnishing of this material shall comply with the requirements of the North Carolina Fertilizer Law and with the rules and regulations, adopted by the North Carolina Board of Agriculture (NCBA) in accordance with the provisions of said law, in effect at the time of sampling. All fertilizer shall be subject to sampling and testing by the Owner Representative, or by an authorized representative of the North Carolina Department of Agriculture (NCDA), or both.

b) Dry fertilizer shall have been manufactured from cured stock. During handling and storing the fertilizer shall be cared for in such a manner that it shall be protected against hardening, caking, or loss of plant food values. Any hardened or caked fertilizer shall be pulverized to its original condition before being used.

c) Liquid fertilizer shall be stored and cared for after manufacture in a manner that shall prevent loss of plant food values, and a homogeneous blend of plant food elements shall be maintained or reblended to the original condition immediately before use. Fertilizer shall be delivered to the site accompanied by a delivery slip, in an unopened original container, bearing the Manufacturer's guaranteed chemical analysis of the composition of the fertilizer.

d) Fertilizer for establishing turf shall have a commercial designation of 10-10-10 or any 1- 1-1 ratio fertilizer containing a minimum ten percent (10%) nitrogen, ten percent (10%) available phosphoric acid and ten percent (10%) soluble potash.

e) If the fertilizer is to be applied with mechanical spreader in the dry form, a minimum of 75 percent (75%) shall pass a No. 8 sieve and a minimum of 75 percent (75%) shall be retained on a No. 16 sieve, and the maximum free moisture content shall be two percent (2%).

f) Fertilizer for establishing sod shall be any 1-2-2 ratio fertilizer containing a minimum of five percent (5%) nitrogen, ten percent (10%) available phosphoric acid and ten percent (10%) soluble potash.

g) If fertilization is planned to take place after April 15, first consult with the Owner Representative since adjustments in this operation may be necessary for the late spring and summer season.

2.3 Lime

a) The quality of all limestone and all operations in connection with the furnishing of this material shall comply with the requirements of the North Carolina Lime Law and with the rules and regulations, adopted by the North Carolina Board of Agriculture in accordance with the provisions of said law, in effect at the time of sampling. All limestone shall be subject to sampling and testing by the Owner Representative, or by an authorized representative of the North Carolina Department of Agriculture (NCBA), or both.

SEEDING 02920 -4 City of Durham Athletic Courts Renovation – Piney Wood Park

b) Pulverized, agricultural grade, dolomitic limestone shall be composed of not less than 85 percent (85%) calcium and magnesium carbonates to not less than 40 percent (40%) calcium and magnesium oxides. Lime shall be ground to such fineness that 60 percent (60%) shall pass through a 100 mesh sieve and 100 percent (100%) shall pass through a ten (10) mesh sieve. Coarser material shall be acceptable, provided the specified rates of application are increased proportionately on the basis of quantity passing the 100-mesh sieve.

c) The Contractor shall be responsible for determining lime and nutrient application rates based on the recommendations of laboratory soil tests. The Contractor shall take site samples as necessary to be representative of any significant variations in site soils. The test results shall indicate recommendations for lime, phosphorus, and potassium. The results of the tests shall be submitted to the Owner Representative along with the Contractor's proposal for rate of lime and nutrient application.

d) Each delivery of pulverized limestone shall be accompanied by a delivery slip indicating its weight and certified analysis of its chemical composition and gradation, including calcium and magnesium oxide equivalents.

2.4 Lawn Seed Mixture

a) The following type of permanent seed shall be planted in areas denuded by construction or as shown on Contract Drawings:

1. Turf type Tall Fescue, blend, Blue Tag Certified seed only. (NO KENTUCKY 31 IS ALLOWED.)

b) All seed shall have a minimum purity of 98 percent (98%) and a germination rate of 85 percent (85%).

c) Provide fresh, clean, new crop seed complying with the tolerance for purity and germination established by the Association of Official Seed Analysts of North America (AOSA). Provide seed of the grass species, proportions and minimum percentages of purity, germination and maximum percentage of weed seed, as specified.

d) All seed shall be labeled to show that it is within the requirements of the United States Department of Agriculture (USDA) or North Carolina Department of Agriculture (NCDA) as to purity, germination and presence of restricted or prohibited weeds. All seed shall be Blue Tag Certified. Tags or copies of tags from all seed bags shall be submitted to the Owner Representative.

e) Common weeds that are restricted or prohibited include: Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy, Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimblewill, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel and Brome Grass, and any other noxious weeds as identified by the North Carolina Department of Agriculture (NCBA).

SEEDING 02920 -5 City of Durham Athletic Courts Renovation – Piney Wood Park

2.5 Mulch and Binders

a) Straw mulch shall be threshed stalks of oats, wheat, rye, or barley reasonably free from mildew, mature seedbearing stalks, roots, or bulblets of Johnson Grass, Nutgrass, Sandbur, Wild Garlic, Wild Onion, Bermuda Grass, Crotalaria, and Witchweed, and free from an excessive amount of restricted noxious weeds according to the most current definition by the North Carolina Board of Agriculture (NCBA), and also there shall be compliance with all applicable State and Federal domestic plant quarantines. Mulch shall have been approved by the Owner Representative before being used. Straw shall be clean and air dry.

b) Straw mulch that is matted or lumpy shall be loosened and separated before being used.

c) Binders for mulch shall be one of the following:

1. Emulsified asphalt, Grades CSS-1, CSS- 1H, SS-1, or SS- 1H. Emulsified asphalts of the slow-setting (SS) types shall conform to AASHTO M140. Cationic emulsified asphalts of the slow setting (CSS) types shall conform to AASHTO M 208 emulsified asphalt Grade SS-1 shall conform to ASTM D977 and be non-toxic and free of plant growth or germination inhibitors.

2. Fiber mulch made from wood or plant fibers containing no growth or germination-inhibiting materials.

3. Synthetic plastic emulsion shall be mixable with all normally available water when diluted to any proportions. After drying, the synthetic plastic binder shall no longer be soluble or dispersible in water but shall remain tacky until the grass seed has germinated. The plastic binder shall be physiologically harmless to humans or animals, and shall not have phytotoxic or crop-damaging properties.

4. Vegetable based gels which can be classified as naturally occurring, powder based hydrophilic additives formulated to provide gels, which, when applied under curing conditions shall form membraned networks of water insoluble polymers. The vegetable gel shall be physiologically harmless to humans or animals, and shall not have phytotoxic or crop damaging properties.

2.6 Herbicides and Pesticides

a) Pre-emergent herbicide shall be used as recommended by a licensed Pesticide Consultant and approved by the Owner Representative.

b) Herbicides, including pre-emergent herbicide, shall be compatible with indicated materials.

c) The herbicide program shall specify the waiting period between spraying and seeding and sodding.

d) Herbicides shall not sterilize the soil.

SEEDING 02920 -6 City of Durham Athletic Courts Renovation – Piney Wood Park

PART 3: EXECUTION OF PERMANENT SEEDING

3.1 Coordination

a) Prior to beginning work, Contractor must verify that all underground utilities are in place. b) Contractor is responsible for the protection of existing trees or vegetation to remain. Any damage inflicted by the Contractor shall be repaired without any additional cost to the Owner.

3.2 Planting Season

a) No execution of seeding shall occur on frozen ground.

3.3 Excavation and Backfill

a) Excavate and backfill areas to be seeded as indicated and specified herein.

b) Excavations for soil removal shall be to within six inches (6”) of back of curb or edge of walk. The Contractor shall be responsible for protecting and maintaining the integrity of compacted base rock and subgrade materials under paving and curbs, and for protecting all other structures in the excavated areas. Review with the Owner Representative the distance to remain away from other structures within the excavated areas. Do not undercut sides of excavation. Damage to base rock, subgrade, paving, curbs or structures shall be repaired or replaced at no cost to the owner. Remove and legally dispose of asphalt debris, concrete and base rock from the site.

c) Deeper excavations shall be required if obstructions, contaminated soils, or aggregate base are encountered at bottom of excavations. Construction debris, contaminated soils, and aggregate base which have been exposed by construction operations shall be removed, and topsoil shall be provided to fill such holes and depressions.

d) Backfill areas to be seeded with topsoil. Prior to installing topsoil, scarify the bottom of the excavation to a six-inch (6”) depth. Scarify or undercut sides of excavations. The Contractor shall be responsible for protecting base rock and subgrade compaction under adjacent paving and curbs. Provide topsoil backfill in three-inch (3”) lifts. Incorporate the first three-inch (3”) lift of topsoil into the existing soil at the bottom of the excavation and tamp firmly.

3.4 Rough Grading

a) Rough grade all areas prior to any seeding. Fill depressions with soil as needed or remove surplus soil and float areas to a smooth uniform grade. Slope all turf areas to drain. Roll, scarify, rake, and level as necessary to obtain true, even surfaces. Rough grading shall be inspected and approved by the Owner Representative before soil preparation begins.

b) Seeded areas shall be thoroughly wetted down.

SEEDING 02920 -7 City of Durham Athletic Courts Renovation – Piney Wood Park

3.5 Soil Preparation for Seeding

a) A Rotovator, chisel plow or cultivator shall be used to work the soil to a depth of six inches (6”). After this operation, all stones, one inch (1”) or larger in any dimension, and other debris such as wires, cables, tree roots, pieces of concrete, clods, weeds, vegetation, grass, and lumps shall be removed. Hand rake tree protection areas to a depth of one inch (1”). If necessary, additional topsoil shall be used to fill depressions that might collect water, except where depressions exceed eight inches (8”) in depth. In this case, subsoil shall be added and covered with four inches (4”) of topsoil.

b) Protect structures, utilities, sidewalks, pavements, vehicles, trees, shrubs, and plantings from damage caused by soil preparation.

c) All waste material and debris resulting from preparation of existing soil shall be legally disposed of offsite at no expense to the owner.

d) The storage piles of topsoil and the areas from which stored topsoil has been removed, within the property limits of the Project, shall be fertilized and seeded as indicated on Contract Drawings.

e) The topsoil shall be spread on a previously prepared surface in a uniform layer, to produce a compacted minimum thickness of four inches (4”) in depth, which shall be incorporated into the soil. The surface of topsoil shall then be scarified to provide an improved zone between slope and topsoil. Slopes steeper than two to one (2:1) shall not be bladed smooth. Tractor drawn raking equipment that compacts turf areas shall not be allowed.

f) Areas with topsoil outside the limits of work shall be protected against damage caused by the delivery, handling and/or storage of materials, by washouts or to drainage diversion, by workmen, or by equipment. Any such damage shall be repaired by grading, fertilizing, seeding or sodding, replanting, and mulching at no cost to the owner.

g) Where either embankment or excavation slopes become eroded during the Work and before acceptance, repairs shall be made at no cost to the owner.

3.6 Dry Application Method of Lime and Fertilizer

a) Fertilizing shall be carried out as soon as possible.

b) Only seed areas as indicated on the Contract Drawings shall be fertilized per this specification.

c) Soil Amendments, Fertilizers, and Cultivating:

1. Provide soil amendments, chemicals, and fertilizers for both imported and approved on-site soils. These are minimum requirements. Provide such additional amendments and chemicals as are required by the soil reports.

2. Spread soil amendment and fertilizer evenly over all turf areas at the rates required by the soil report.

SEEDING 02920 -8 City of Durham Athletic Courts Renovation – Piney Wood Park

3. After approval of amendment and fertilizer applications by the Owner Representative, incorporate soil amendments and fertilizers into the top six inches (6”) of soil by repeated rotary-hoe cultivation.

d) When the soil has a pH value of less than 5.5 pH, sufficient pulverized dolomitic limestone shall be evenly spread to increase the soil pH value to an optimum 6.5 pH.

e) The quantity of pulverized limestone required shall be in proportion to its magnesium and calcium oxide content.

f) Mechanical seeders, seed drills, landscape seeders, cultivator seeders, and fertilizer spreaders may be used when fertilizer is applied in dry form. Hand operated seeding devices may be used when fertilizer is applied on areas which are inaccessible to mechanical seeders.

g) Soil shall be lightly rolled with a lawn roller that has been filled one-third (1/3) full of water to firm and settle the soil.

h) Watering: At completion of soil amendment and fertilizer installation, water the soil in all landscaped areas for a period of 14 days. Maintain sufficient soil moisture at all times to induce weed seed germination, but not to saturate the soil. Soil shall be moist to a minimum depth of 24 inches.

3.7 Finish Grading

a) When weeding and soil conditioning have been completed and soil has been thoroughly water settled, all landscaped areas shall be finish graded for placement of plant materials.

b) Tops and bottoms of all Slopes: Round tops and bottoms of slopes and drainage swales. Adjust and warp slopes at intersections of cuts and fills to flow into each other or into the existing natural ground surface without a noticeable break. Cuts and fills shall have a maximum slope of three feet (3’) horizontally to one foot (1') vertically, unless otherwise shown on the Contract Drawings.

c) Finished grades shall be in accordance with the grading details in the Contract Drawings. All seeded areas shall slope uniformly for positive drainage. Grades not otherwise indicated on the Contract Drawings shall be uniform levels or slopes between points where elevations are given, or between points established by walks, paving, curbs or catch basins. Finish grades shall be smooth, even, and on a uniform plane with no abrupt change of surface and no erosion scars.

d) Grading shall provide for natural runoff of water without low spots or pockets. Flow line grades shall be accurately set and shall be not less than two percent (2%) gradient unless otherwise indicated and approved by the Owner Representative.

e) Finish grade of earth in landscaped areas shall be one-fourth inch (¼”) below the top of adjacent pavement, curbs or headers, pull and utility boxes, and utility structures unless indicated otherwise on the Contract Drawings.

SEEDING 02920 -9 City of Durham Athletic Courts Renovation – Piney Wood Park

f) Tractor drawn raking equipment or any other construction equipment that compacts planting areas shall not be allowed.

g) Where beds are intended to drain across pavements, the uphill grade shall be flush with the pavement; the downhill grade shall be one-half inch (½”) to three-fourths inches (¾”) below the pavement grade.

h) Maintain ground surfaces to the finish grades as shown on the Contract Drawings, and add or remove any topsoil that may be required to correct any settlement or erosion that occurs prior to the date of Final Acceptance.

3.8 Seeding Procedures

a) Sowing of seed shall be done only after the prepared topsoil, to which lime, fertilizer and other amendments have been added as specified, has been thoroughly settled by rainfall or artificial watering.

b) Sowing of seed shall not occur until finish grading has been accepted by the Owner Representative.

c) Do not use wet seed or seed that is moldy or otherwise damaged.

d) Sow seed at the above rate, and rake seed lightly into top one-eighth inch (1/8”) of topsoil, roll lightly, and water with fine spray.

e) Lawn areas shall be seeded evenly with a mechanical spreader or seeding machine at a rate of six (6) pounds per 1000 square feet. Evenly distribute seed by sowing equal quantities in two directions at right angles to each other.

f) The method of seeding may be varied at the discretion of the Contractor on his own responsibility to establish a smooth, uniformly grassed lawn.

g) Watering shall be performed as necessary until a firm root mass is established. Each watering shall be performed until water infiltrates through the root zone and into the topsoil zone. Watering shall be performed in a manner that provides equal distribution and coverage to all areas seeded.

h) After a firm root mass is established and before the turf reaches the height of three inches (3”), the area shall be mowed with a machine that does not produce ruts, contribute to soil compaction, or in any way damage the turf. At the time of Final Acceptance, all turf shall be alive, healthy, and established.

3.9 Mulching and Tacking of Seeded Areas

a) Seeded areas shall be mulched in a straw uniformly spread, one inch (1”) to one and one half inches (1 ½”) thick layer, as a loose measurement, and shall be bound in place with approved binder.

b) Binder shall be applied uniformly over mulch with an applicator or other suitable equipment. SEEDING 02920 -10 City of Durham Athletic Courts Renovation – Piney Wood Park

c) When bonding mulch by spraying with binder, take precautions to prevent damage or staining of structures or other plantings adjacent to mulched areas. Immediately clean damaged or stained areas.

d) Straw mulch shall be left in place and allowed to disintegrate.

e) If any straw mulch is displaced before the grass has made a growth of one and one half inches (1 ½”), the area shall be refertilized, reseeded and remulched without additional compensation.

3.10 Lawn Renovation

a) Renovate existing lawn damaged by Contractor's operations, such as storage of materials or equipment and movement of vehicles.

1. Re-establish lawn where settlement or washouts occur or where minor re-grading is required.

b) Remove and dispose of all existing turf from diseased or unsatisfactory lawn areas legally off-site at no expense to the owner; do not bury in soil.

c) Remove topsoil containing foreign materials resulting from Contractor's operations, including oil drippings, fuel spills, stone, gravel, and other construction materials, and replace with new topsoil.

d) Mow, dethatch, core aerate, and rake existing lawn.

e) Remove weeds or other foreign materials before seeding and legally dispose of them off- site. Where weeds are extensive, apply selective herbicides as required.

f) Till stripped, bare, and compacted areas thoroughly to a soil depth of six inches (6”). Do not cultivate under the drip line of existing trees to be preserved.

g) Apply soil amendments and initial fertilizers required for establishing new lawns and mix thoroughly into top four inches (4”) of existing soil. Provide new planting soil to fill low spots and depressions and to meet finish grades.

h) Apply seed according to specifications.

i) Water newly planted areas and keep moist until new lawn is established.

3.11 Mowing and Watering

a) Until the Project is finally accepted, the Contractor shall be required to mow as needed and maintain seed between two inches (2”) and four inches (4”) in height. The Contractor shall be required to repair or replace, or both, all seeding and mulching that is defective or becomes damaged.

SEEDING 02920 -11 City of Durham Athletic Courts Renovation – Piney Wood Park

b) Provide watering of all lawn areas as required to promote growth up to 60 days after substantial completion or until final completion.

3.12 Satisfactory Lawns

a) Satisfactory Seeded Lawn: At the end of the maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 95 percent (95%) over any 10 sq. ft. and bare spots not exceeding five inches (5”) by five inches (5”).

b) Re-establish lawns that do not comply with requirements and continue maintenance until lawns are satisfactory.

3.13 Cleanup and Protection

a) The Contractor shall dispose of excess materials, soils, stones, debris, branches, paper, leaves, and rubbish resulting from this Work. Clean wheels of vehicles before leaving site to avoid tracking soil onto roads, walks, or other paved areas.

b) Thoroughly clean all pavements, walks, building surfaces, or automobiles parked nearby.

c) Erect barricades and warning signs as required to protect newly planted areas from traffic. Maintain barricades throughout maintenance period and remove after lawn is established.

d) The Contractor shall remove from the site all equipment and other articles used.

e) Upon completion of Work, the site shall be left in a neat and orderly condition.

f) All damage to existing construction caused by landscaping operations shall be repaired to the satisfaction of the Owner at the Contractor's expense.

g) Protect all Landscape Work and materials from damage due to landscape operations, operations by other Contractors and trades, and trespassers. Maintain protection during installation and maintenance periods. Treat, repair or replace damaged Landscape Work as indicated.

3.14 Preliminary to Final Inspection

a) At completion of the Work of this Section, the Contractor shall request a preliminary inspection to determine the condition of the turf areas.

b) Inspection shall be requested two (2) working days in advance.

c) The Contractor and Owner Representative shall be represented at the inspection.

d) Construction considered ready for inspection shall conform to the following requirements:

1. All turf shall be healthy and free of infestations and weeds. SEEDING 02920 -12 City of Durham Athletic Courts Renovation – Piney Wood Park

2. Debris shall be removed and legally disposed of from the turf area, pavements shall be broom cleaned, and foliage shall be washed clean.

3. All turf shall be installed in place as indicated and specified on Contract Drawings.

4. All equipment shall be removed from the site.

3.15 Final Inspection and Acceptance

a) Final inspection shall be for the completed Landscape Work and shall be made at the conclusion of the Landscape Work upon written notice requesting such inspection submitted by the Contractor to the Owner Representative, at least seven (7) days prior to the anticipated date.

b) At the final inspection, the Owner Representative shall determine the condition of the turf areas. Acceptance of this Work shall be contingent upon proper maintenance and the establishment of vigorous turf materials. Turf areas which are dead, unhealthy, or missing, whether by disease, neglect, vandalism, or any other reason, shall be replaced with the same seed originally specified and following these same specifications for installation.

c) Contractor shall prepare four (4) neatly prepared copies of all final submittals required for submission to the Owner Representative. See Section 1.03 herein for a list of submittals.

d) Acceptance After Inspection: The Contractor shall be notified in writing of acceptance of all Work of this section for maintained turf. Maintenance or other remaining Work to be done shall be subject to re-inspection before acceptance.

3.16 Maintenance and Turf Establishment

a) Maintain Work of this section from time of installation until the final inspection, plus the 60 days specified after final completion. Maintenance shall include: Watering of seeded and overseeded areas as needed for growth conditions; repairs to seeded and overseeded areas and other necessary operations. Seeded areas shall be protected and replanted as necessary to establish a uniform stand of the specified turf until acceptance. When seeded areas are ready for final inspection, the maintained turf areas shall be neatly mowed to the uniform height of approximately two and one half inches (2 ½”). The lawns shall be considered established only when the specified turf is vigorous and growing well after two to three (2-3) mowings, in addition to meeting the other requirements specified.

b) At the time of acceptance following final inspection, the Contractor shall continue routine maintenance responsibilities for the turf under this Contract for 90 days.

END OF SECTION 02920

SEEDING 02920 -13 City of Durham Athletic Courts Renovation – Piney Wood Park

SECTION 321250 - FULL-DEPTH RECLAMATION

PART 1 - GENERAL

1.1 DESCRIPTION

A. Full-depth reclamation (FDR or soil stabilization) with cement shall consist of milling, pulverizing and mixing the existing asphalt surface and sub-base (CABC) to a depth consistent with the existing soil-subgrade. The exposed sub-grade shall be smooth graded and compacted (rolled). The pulverized mixture of old asphalt and sub-base shall be mixed with a Portland cement additive to produce a stabilized base course material. The recycled sub-base material shall be proportioned, mixed, placed, compacted and cured in accordance with these specifications and shall conform to the lines, grades, thickness and typical cross-sections shown on the plans. If the in-place sub-base, reclaimed, material is not sufficient to provide the desired depth of treated base, new materials (CABC) may be imported and included in the processing of the sub-base. The surface course of hot mix asphalt (3” S9.5 A) shall be applied once the sub-base has cured. The asphalt overlay shall comply with the lines, grades, thickness and typical cross-sections shown on the plans and specification documents.

PART 2 - REFERENCED DOCUMENTS

2.1 ASTM International (ASTM) with corresponding American Association of State Highway and Transportation Officials (AASHTO) designations:

ASTM

C150 Specification for Portland Cement (AASHTO M 85) C309 Specification for Liquid Membrane-Forming Compounds for Curing Concrete (AASHTO M 148) C595 Specification for Blended Hydraulic Cements (AASHTO M 240) C618 Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete (AASHTO M 295) C989 Specification for Ground Granulated Blast-Furnace Slag for Use in Concrete and Mortars (AASHTO M 302) C1157 Performance Specification for Hydraulic Cement (AASHTO M 240) C1240 Specification for Silica Fume Used in Cementitous Mixtures (AASHTO M 307) D558 Moisture-Density (unit Weight) Relations of Soil Cement Mixtures (AASHTO T134) D997 Specification for Emulsified Asphalt D1556 Density and Unity Weight of Soil in Place by the Sand-Cone Method (AASHTO T191) D2167 Density and Unit Weight of Soil in Place by the Rubber Balloon Method D6938 Density of Soil and Soil Aggregate in Place by Nuclear Methods (Shallow Depth) (AASHTO T 310)

PART 3 - SUBMITTALS

3.1 SUBMITAL REQUIREMENTS

A. The contractor shall submit the following to the Owner’s Representative at least 7 days before the start of any production of FDR.

321250-1 FULL-DEPTH RECLAMATION City of Durham Athletic Courts Renovation – Piney Wood Park

1. Certifications for Portland cement and supplementary cementitious materials as required by the specifications.

2. Manufacturers’ data and specifications for equipment including capacities to be used in mixing and compacting FDR.

3. Geotechnical test results and engineer’s recommendations will be provided by the City. 3. Proposed FDR Mix Design. The proposed mixed design is to be developed by the contractor and must be submitted to the Owner’s Representative for approval at 7 days prior to FDR construction. This Mix design shall include details on soil/aggregate gradation, cementitious materials, compressive strengths, and required moisture and density to be achieved during compaction.

PART 4 - MATERIALS

4.1 RECYCLED ASPHALT PAVEMENT, BASE, AND SUBGRADE MATERIAL

A. Shall consist of the existing asphalt pavement, existing base course material and/ or subgrade material. The base course and subgrade material shall not contain roots, topsoil, or material deleterious to its reaction with cement. The particle distribution of the processed material shall be such that 100% passes a 3-inch (75 mm) sieve; at least 95% passes a 2-inch (50mm) sieve, and at 55% passes a No. 4 (4.75 mm) sieve.

4.2 PORTLAND CEMENT

A. Shall comply with the latest specifications for Portland cement (ASTM C150 or AASHTO M 85) or blended hydraulic cements (ASTM C595, ASTM C1157, or AASHTO M 250).

4.3 WATER

A. Shall be free from substances deleterious to the hardening of the cement-treated material.

4.4 POZZOLANS

A. If used, pozzolans including fly ash, slag, and silica fume shall comply with the appropriate specifications (ASTM C618, AASHTO M 295 for fly ash; ASTM C989, ASHTO M 302 for slag; and ASTM C1240, AASHTO M 307 for silica fume).

4.5 CURING COMPOUNDS

A. Curing compounds shall comply with the latest specifications for emulsified asphalt (ASTM D977, AAHTO M 14) or liquid membrane-forming compounds for curing concrete (ASTM C309, AASHTO M 148).

4.6 SAND BLOTTER

A. Sand used for the prevention of pickup of curing material shall be clean, dry, and non-plastic.

PART 5 – EQUIPMENT

5.1 DESCRIPTION

321250-2 FULL-DEPTH RECLAMATION City of Durham Athletic Courts Renovation – Piney Wood Park

A. FDR may be constructed with any machine or combination of machines or equipment that will produce a satisfactory product meeting that requirement for pulverization, cement and water application, mixing, compacting, finishing, and curing as provided in these specifications.

5.2 MIXING METHOD

A. Mixing shall be accomplished in place, using single shaft or multiple shaft mixers. Agricultural disks or motor graders are not acceptable mixing equipment.

5.3 CEMENT PROPORTIONING

A. The cement spreader shall be capable of uniformly distributing the cement at the specified rate of 65 pounds/square yard to a depth of 12 inches and additional depth and cement as may be required to meet compaction requirements. Cement shall be added in dry form.

5.4 APPLICIATION OF WATER

A. Water may be applied through the mixer or with water trucks equipped with pressure spray bars.

5.5 COMPACTION

A. The processed material shall be compacted with a vibratory steel-wheel roller. In areas where large equipment cannot be used, smaller hand-operated compactors shall be used.

PART 6 - CONSTRUCTION REQUIREMENTS

6.1 GENERAL

A. Preparation of Subgrade. Before FDR processing begins, the area to be processed shall be graded and shaped to lines and grades as shown or as directed by the Owner’s Representative. During this process any unsuitable soil/aggregate or other material shall be removed and replaced with acceptable material. Any manholes, valve covers, or other buried structures shall be protected from damage prior to processing. The subgrade shall be firm and able to support, without yielding or subsequent settlement, the construction equipment of the FDR material. Soft or yielding subgrade shall be corrected and made stable before construction proceeds.

B. Mixing and Placing. FDR processing shall not commence when the soil/ aggregate or subgrade is frozen, or when the air temperature is below 40ºF. Moisture in the base course material at the time of the cement application shall not exceed the quantity that will not permit a uniform and intimate mixture of the pulverized asphalt, base and subgrade material, and cement during mixing operations, and shall be within 3% of the optimum moisture content for the processed material at start of compaction.

C. The operation of cement application, mixing, spreading, compacting and finishing shall be continuous and completed within 2 hours from the start of mixing.

6.2 PULVERIZATION/ MIXING

A. The surface of the pavement prior to mixing shall be at an elevation so that, when mixed with cement and water and re-compacted to the required density, the final elevation will be as described in the specifications or as directed by the Owner’s Representative.

B. Before cement is applied, initial pulverization or scarification may be required to the full depth of mixing. Scarification or pre-pulverization is a requirement for the following conditions:

321250-3 FULL-DEPTH RECLAMATION City of Durham Athletic Courts Renovation – Piney Wood Park

1. When the processed material is more than 3% above or below optimum moisture content. When the material is below optimum moisture content, water shall be added. When the material is above optimum moisture content, the material will be air dried or dried back with additional cement at the Contractor’s expense; however, only after discussing these options as recommended by the Owner’s Geotechnical Engineer with the Owner’s Representative . The pre-pulverized material shall be sealed and properly pitched for drainage at the end of the day or if rain is expected.

C. Application of Cement. The specified quantity of cement (65 pounds/square yard) shall be applied uniformly in a manner that minimizes dust that is satisfactory to the Owner’s Representative. Cement shall not be applied during windy conditions or precipitation. The time from cement placement on the soil/ aggregate to start of mixing shall not exceed 30 minutes.

D. Mixing shall begin as soon as possible after the cement has been spread and shall continue until a uniform mixture is produced. The mixed material shall meet the following gradation conditions: 1. The final mixture (bituminous surface, granular base, and subgrade soil) shall be pulverized such that 100% passes the 3-inch (75 mm) sieve, at least 95% passes the 2-inch (50mm) sieve, at least 55% passes the No. 4 (4.75 mm) sieve. Additional material can be added to the top or from the subgrade to improve the mixture gradation, as long as this material was included in the mixture design. 2. The final pulverization test shall be made at the conclusion of mixing operations. Mixing shall be continuous until the product is uniform in color, meets gradation requirements, and is at the required moisture content throughout. The entire operation of cement spreading, water application, and mixing shall result in a uniform pulverized asphalt, soil/ aggregate, cement and water mixture for the full design depth and width.

6.3 COMPACTION

A. The processed material shall be uniformly compacted to a minimum of 98% of maximum dry density based on a moving average of five consecutive tests with no individual test below 96%. Field density of compacted FDR material can be determined by the 1) nuclear method in the direct transmission mode (ASTM D6938, AASHTO T 310); 2) sand cone method (ASTM D1556, AASTHO T 191); or 3) rubber balloon method (ASTM D2167). Optimum moisture and maximum dry density shall be determined prior to start of construction and also in the field prior to and during construction by a moisture-density test (ASTM D558 or AASHTO T 134).

B. At the start of compaction, the moisture content shall be within ±3% of the specified optimum moisture. If moisture contents fall outside of the ±3% window, but proper compaction is achieved, acceptance will be based on either proof rolling or unconfined compressive strength testing as recommended by the Owner’s Geotechnical Engineer and reported to the Owner’s Representative.

C. No section shall be left undisturbed for longer than 30 minutes during compaction operations. All compaction operations shall be completed within 2 hours from the start of mixing.

D. Proof rolling inspections and density testing to be provided by Contractor.

E. If the sub base does not meet compaction requirements then, additional Portland cement and depth of mixing shall be used to meet compaction requirements above.

F. Contractor shall provide to the Owner’s Representative a Report sealed by a Professional Engineer stating that all work complies with the contract specifications.

321250-4 FULL-DEPTH RECLAMATION City of Durham Athletic Courts Renovation – Piney Wood Park

6.4 FINISHING

A. As compaction nears completion, the surface of the FDR material shall be shaped to the specified lines, grades and cross sections. If necessary or as required by the Owner’s Representative, the surface shall be lightly scarified or broom-dragged to remove imprints left by equipment or to prevent compaction planes. Compaction shall then be continued until uniform and adequate density is obtained. During the finishing process the surface shall be kept moist by means of water spray devices that will not erode the surface. Compaction and finishing shall be done in such a manner as to produce a dense surface free of compaction planes, cracks, ridges, or loose material. All finishing operations shall be completed within 4 hours from start of mixing.

6.5 CURING

A. Finished portions of the FDR base that are traveled on by equipment used in constructing an adjoin section shall be protected in such a manner as to prevent equipment from marring, permanently deforming, or damaging completed work.

B. After completion of final finishing, the surface shall be cured by application of a bituminous or other approved sealing membrane, or by being kept continuously moist for a period of 7 days with a water spray that will not erode the surface of the FDR base. If curing material is used, it shall be applied as soon as possible, but not later than 24 hours after completing finishing operations. The surface shall be kept continuously moist prior to application of curing material.

C. For bituminous curing material, the FDR base surface shall be dense, free of all loose and deleterious materials, and shall contain sufficient moisture to prevent excessive penetration of the bituminous material. The bituminous material shall be uniformly applied to the entire surface of completed FDR base. The exact rate and temperature of application for complete coverage, without undue runoff, shall be submitted to the Owner’s Representative for approval.

D. Should it be necessary for construction equipment or other traffic to use the bituminous covered surface before the bituminous material has dried sufficiently, a sand blotter cover shall be applied before such use to prevent pickup. Sufficient protection from freezing shall be given the FDR base for at least 7 days after its construction or as approved by the Owner’s Representative.

6.6 TRAFFIC

A. If continuous moist curing is employed in lieu of a curing compound or subsequent surfacing within 7 days, the FDR base can be opened to all traffic after the 7-day moist curing period, provided the FDR base has hardened sufficiently to prevent marring or permanent deformation.

6.7 SURFACING

A. Subsequent pavement layers (asphalt concrete, bituminous surface treatment, or Portland cement concrete) can be placed any time after finishing, as long as the FDR base is sufficiently stable to support the required construction equipment without married or permanent distortion.

6.8 MAINTENANCE

321250-5 FULL-DEPTH RECLAMATION A. The contractor shall maintain the FDR base in good condition until all work is completed and accepted. Such maintenance shall be done by the Contractor at his own expense.

B. Maintenance shall include immediate repairs of any defects that may occur. If it is necessary to replace any processed material, the replacement shall be the full depth, with vertical cuts, using either fresh cement-treated material or concrete. No skin patches will be permitted.

PART 7- INSPECTION AND TESTING

7.1 DESCRIPTION

A. The Contractor shall make such inspections and tests as deemed necessary to ensure the conformance of the work to the contract documents. These inspections and tests may include, but shall not be limited to: 1. Obtaining test samples of the FDR base and its individual components at all stages of processing and after completion. 2. Observing the operation of all equipment used on the work. Only those materials, machines, and methods meeting the requirements of the contract documents shall be used unless otherwise approved by the Owner’s Representative. 3. Verification that the FDR material is compacted to a minimum of 98% of maximum dry density based on a moving average of five consecutive tests with no individual test below 96%. Field density of compacted FDR material can be determined by the 1) nuclear method in the direct transmission mode (ASTM D6938, AASHTO T 310); 2) sand cone method (ASTM D1556, AASTHO T 191); or 3) rubber balloon method (ASTM D2167). Optimum moisture and maximum dry density shall be determined prior to start of construction and also in the field prior to and during construction by a moisture-density test (ASTM D558 or AASHTO T 134). 4. Proofrolling the final prepared surface to identify any loose areas of isolated areas of insufficient treatment.

B. All testing of processed material or its individual components, unless otherwise provided specifically in the contract documents, shall be in accordance with the latest applicable ASTM or AASTHO specifications in effect as of the date of advertisement for bids on the project.

PART 8 - MEASUREMENT AND PAYMENT Not Used

END OF SECTION 321250