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HomeMy WebLinkAbout60327_CITY OF NEW BERN_20120614� 7G,p4MA / DREDGE &FILL No. 60327 GENERAL PERMIT Previous permit # LlNew ❑Modification _]Complete Reissue DPartial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC ❑ Rules attached. Applicant Name 27Project Location: County Address _ _ Street Address/ State Road/ Lot #(s) City State _ ZIP Phone # ( ) Fax # ( ) Subdivision Authorized Agent _ City-----.- _ ZIP Affected CW EW PTA ES I___ PTS Phone # ( ) River Basin OEA HHF IH UBA N/A AEC(s): Adj. Wtr. Body__ (nat /man /unkn) PWS: FC: ORW: yes / no PNA yes / no Crit.Hab. yes / no Closest Maj. Wtr. Body Type of Project/ Activity Pier (dock) length Platform(s) Finger pier(s) Groin length _ number Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length SAV: not sure yes no — Sandbags: not sure yes no Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no A building permit may be required by: Notes/ Special Conditions Agent or Applicant Printed Name Signature ** Please read compliance statement on back of permit (Scale: ) I See note on back regarding River Basin rules. Permit Officer's Signature Issuing Date Expiration Date Application Fee(s) Check # Local Planning jurisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certifythat this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar- Pamlico River Basin Buffer Rules ❑ Other: E Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Raleigh Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax:919-733-1495 Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888ARCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 9 10-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management James H. Gregson Director BUFFER AUTHORIZATION CERTIFICATE FOR PIER AND DOCKING FACILITIES ACCESS WAY Dee Freeman Secretary A riparian buffer authorization is required for pier and docking facilities access ways through the Tar -Pamlico & Neuse River Riparian buffer per Division of Water Quality (DWQ) regulations 15A NCAC 02B.0233 & .0259. The Division of Coastal Management (DCM), through a Memorandum of Understanding with the Division of Water Quality (DWQ) has reviewed your project proposal, determined that the project as proposed complies with the aforementioned regulations, and made a "no practical alternatives" determination per those regulations. Those activities covered by your Coastal Area Management Act (CAMA) permit have received Buffer Authorization as long as the project is constructed in a manner that continues to meet all of the conditions listed below. Failure to comply with this Buffer Authorization shall subject the property owner & the party (contractor) performing the construction Wor land clearing to a civil penalty of up to $25,000 per day per violation. 1. Crossing is Perpendicular: Pier and docking facility access way must cross the 50 ft. riparian buffer perpendicularly (which is defined as between 75 and 105 degrees) unless otherwise approved by DCM. The alignment shall minimize the removal of woody vegetation to the greatest extent practicable. 2. Pervious Materials: All reasonable measures shall be taken to ensure the access way is made of pervious materials like open -slatted wood or composite, mulch, or grass to meet the intent of the rules to the maximum extent practicable. 3. Access Width: The width of the pier or docking facility access way shall be limited to six (6) feet. 4. Project Drawing: The drawing on the CAMA General Permit is considered the project drawing of your property indicating the relative location of the pier or docking facility and any requested access way. This drawing will be used to aid in compliance and monitoring efforts. By your signature below you agree to be held responsible for meeting all of the conditions listed above and verify that all information provided is complete and accurate. gen or Appl' a t Printed Na e P rmit Offer's ignature Agent r A int aignature Issue ate CAMA GENERAL PERMIT #: Q Washington Office Morehead City Office 943 Washington Square Mall 400 Commerce Avenue Washington, NC 27889 Morehead City, NC 28557 Phone 252-946-6481 Phone 252-808-2808 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Version 5, 09/2009 Jun 12 12 08:48a Bobby Cahoon Construction 2 l♦ ; 6003 Neuse Road Grantsboro, NC 28529 Phone 252-249-1617* Fax 252-249-9884 Licensed and Fully Insured NCGC License ##62120 %Iry�ir�":3 F?�.naF2i:0YYaaPU�:'E7£7Ewa. +__l��.i+�. �FYt To: NCDENR Bobby Cahoon Coostruction Attn: Brad Connell Pages: 12(including cover, Fax; 252-247-3330 Date: June 12, 2012 Re: Glenburnie Park Time 8:45 am ❑ Urgent ❑ for Review 0 Please Comment ❑ please Reply I I] Please Recycle a Comments: Please let us know that you received at We are a woman owned business! 617. ENBURNIE PARK FISHING DOCK, BREAKWATER, & BULKHEAA3 Work to be completed by contract: The City proposes to eliminate future damage due to flooding and high wter by installing a floating dock of the same footprint. .....remove and replace the 990 sf wooden dock; included will be S' x 140'=' 700 sf ADA wood access with underlying rock and 336 If of curb along the perimeter of the Jock in order to meet the ADA requirements(36 CFR Pare 1191, Sec 15.2). .....remove and replace 126' )c 6' wooden bulkhead and 32' x 6' of wooden1buikhead wingbacks. .....remove and replace 74' x 6' wooden breakwater. Ail wood elements of the project are to be treated wood. e Project includes demolition and disposal of the dock, bulkhead, and breakwater remains, and any other associated components, and engineering. Jun 12 12 08:48a Bobby Cahoon Construction 252-249-9884 p.2 Jun 12 12 08:58a Bobby Cahoon Construction 6003 Neuse Road Grantsboro, NC 28529 Phone 252-249-1617*Fax 252-249-9884 Licensed and Fully insured HCGC License #62120 bobbycahoorconstructionPyah oo.com Fmc To: NCDENR From: Bobby Cahoon Construction Attn: Brad Connell Pages: 12(including cover] Fax: 252-247-3330 Date: June 12, 2012 t Re: G lenburnie Park Time 8:45 am ❑ Urgent ❑ for Review ❑ Please Comment ❑ Please Reply : ❑ Please Recycle 0 Comments: Please let us know that you received at 252-249-1617. We are a woman owned business! Jun 12 12 08:58a Bobby Cahoon Construction .t GLENBURNIE PARK FISHING DOCK. BREAKW Work to be completed by contract: 252-24P-9884 p.2 The City proposes to eliminate future damage due to flooding and high water by installing a floating dock of the same footprint. .....remove and replace the 990 sf wooden dock; included will be 5' x 140't 700 sf ADA wood access with underlying rock and 336 If of curb along the perimeter of the dock in order to meet the ADA requirements(36 CFR Part 1191, Sec 15.2). .....remove and replace 126' x 6-wooden bulkhead and 32' x 6' of wooden; bulkhead wingbacks. .....remove and replace 74' x 6' wooden breakwater. All wood elements of the project are to be treated wood. Project includes demolition and disposal of the dock, bulkhead, and breaknater remains, and any other associated components, and engineering. ;Rrj I 4r, , 4 Jun 12 12 08:58a Bobby Cahoon Construction 25 Jun 07 2012 9:32AM HP Fax page 2 84 p.4 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR F ON THE BASIS OF A STIPULATED PRICE l THIS AGREEMENT is by and between the City of New Bem (hereinafter called OWNER) and Bobby Cahoon Construction Inc. (hereinafter Galled CONTRACTOR). i OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set+th, agree Os follows: ARTICLE: 4 —WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in Pie Contract I30cuments. The Work is generally described as follows: Fishing DockfPier, Breakwater, and Bulkhead at Glenbumie Park. New Bern, North Carolina 28560 ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Demolition of existing, and construction of fishing dock pier, breakwater, and bulkhej;d at Glenoumie Park. i ARTICLE 3 -- ENGINEER 3.C1 i i ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A All time limits for Milestones, if any, Substantial Completion, and comp) t payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Bays to Achieve Substan raf completion and Final payment II Page _ copy i i i E - and readiness for -final Jun 12 12 08:58a Bobby Cahoon Construction Jun 07 2012 9:32AM HP Fax page 3 252-24JD-9884 p.5 c I i A. The Work will be substantially completed within 55 days after the slate when the Contract Times commence to run as provided in paragraph 2,03 of the General Conditions, and completed and read forfinal payment in accordance with paragraph 14.07 of the General Conditions within 70 days afterthe?date when t e Contract Times commence to run. 4.03 L'quidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial toss if the Work is not completed with the times) specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Thrparties alsolrecognize the delays, expanse, and difficulties involved in proving in a legal or arbitration proceeding tK3 actual lost suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any suctg proof, 0WI$IER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CON RACTOR shall pay OWNER $10200 for each day that expires after the time specified in paragraph 4.02 for Substqntial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR snail neglect, r fuse, orfailko complete the remaining Work within the Contract T me or any proper extension thereof granted by OV�NER, COIY� TRACTOR shall pay OWNER 100.00 for each day that expires after the time specified in paragraph 4.02 forcomp}efionand readiness far final payment until the Work is completed and ready for final payment. i ARTICLE 5 —CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for ccmpietion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the follow ng: i A_ For all Unit Price Work, an amount equal to the sum of the established unit pricefor each separately identified item of the unit Price Work tirnes the estimated quantity of the items as indicated in the bid form: 't TOTAL OF ALL UNIT PRiCES: Ninety-nine thousand, three hundfed and three3dollars and zero cents DOLLARS: ($99.303.00 1 As provided in paragraph 11,03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGIN15ER as provided in paragraph 9.08 of the Generat Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. i ARTICLE 6— PAYMENT FOR PROCEDURES 6.01 Submitted and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by OWNER as provided in the General Condi6ona. 6.02 Progress Payments' Retainage i 2Page i Jun 12 12 08:58a Bobby Cahoon Construction Jun 07 2012 932AM HP Fax 252-24 -9884 p.6 page 4 A. OWNER shalt make progress payments on account of the Contract Pride on the basis of CONTRACTORS Applications for Payment on or about the 10_ u' day of each month during performa ce of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be rneasur+ d by the se edule of values established in paragraph 2,07.A of the General Conditions (and in the case of Unit Prig Work base an the number of units completed) or, in the event there is no schedule of values, as provided in the Gendral Requirenien+.s. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of paymerts previously made and less such amounts as CONTRACTOR may determine or OWNER may withhold, in accordance with paragraph 114.02 of the General Conditions: a. 909A of Work completed (with the balance being ratainage).ilf the Work has been 50% completed as determined by the OWNER, and if the character and progress of the Work has been satisfactory to OWNER, OWNER may determine that lips long as tie character and progress of the Work remain satisfactory to them, there will o no retainlage on account of Worksubsequer+dy completed, in which case the remainingtprogress p�yments prior to Substantial Completion will be in an amount equal to 100°k44#pf the Work completed less the aggregate of payments previously made. and b. 90% of cost of materials and equipment not incorporated it 1he Work (with the balance being retainage) 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR up to 95% of the Work completed, less such 4mounfs as IOWNER shall determine in accordance with paragraph 14.02.8.5 of the General Conditions. 6.03 Frnaf Payment A. Upon finai completion and acceptance of the Work by the OWNER, andFthe submission of a Certrficate of Compliance by the CONTRACTOR, the OWNER shall pay the remainder of the Contract Price. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due as provided in Articie 14 of the General Conditions shall beat' interest at the fate of 5 % per annum. 1 ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS f' 8.01 In order to induce OWNER to enter in this Agreement CONTRACTOR makes th4' following representations. - A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identried in the Bidding Documenis. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost; process, and performance of the Work. E f C. CONTRACTOR is familiar with and is satisfied as to all federaa, state, an local L"'s and Regulations that may affect cost, process, and performance of the Work. i D. CONTRACTOR nas carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface of Subsurface structures at crcontiguous to the Site (except Underground Facilities) which have been identWed in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazard us Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions a� provide in paragraph 4.06 of the General Conditions. p t _ ... 3 1 P a_g a Jun 12 12 08:58a Bobby Cahoon Construction — 252-24-9884 p.7 •Jun 07 20' 2 9:32AM HP Fax page 5- - J F E CONTRACTOR has obtained and carefully studied (or assumes responSlbility for ha�;ing done so) all additional cr suppternentary examinations, investigations, explorations, tests, studies, av data cone ming conditions (surface, subsurface, and Underground Facilities) at orcontiguous to the Site which may?affectcost, Orogress cr performance of the Work or which relate to any aspect of the means, methods, techniqu s, sequen , and procedures of construction to be employed by CONTRACTOR, including applying the specific means,nethods, hniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be empioy by CONTRACTOR, and safety precautions and programs incident thereto. l F. CONTRACTOR does not consider that any further examinations, investgations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, wit *bin the Con ct Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed �y OWf+lER and others at the Site that relates to the Work as indicated in the Contract Docurnents(no work by OWNER and others). H. CONTRACTOR has correlated the information known to CONTRACTO i , informatloh and observations obtained from visits to the Site, reports and drawings identified in the Contract Documen s, and all additional exa.,nirations, investigations, explorations, tests, studies, and dais with the Contract Dcx urnerts. i Z I. CONTRACTOR has given OWNER written notice of all conflicts, errors,' mbiguidesj or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution tHereof by 0 NER is acceptable to CONTRACTOR. r J. The Contract Documents are generally sufficient to indicate and convey indersfanding of all terms and conditions for performance and furnishing of the Work. # ARTICLE 9 —CONTRACT DOCUMENTS 9.01 Contents P, The Contract Documents consist of the following: 1. This Agreement 2_ Specifications as listed in the Bid Document 3. Drawings to be produced(contractor), consisting of a cover sheei and numtliered with each sheet bearing the following general title: North Lawson Creek Park lock 4. Commercial General Liability Insurance 5. Copy of General Corrtractar License B. Exhibits to this Agreement (enumerated as follows); t 1. CONTRACTOR's Bid information; C 2. Documentation submitted by CONTRACTOR prior to Notice of Avrard; The following which may be delivered or issued on or after the Effective Date of the;Agreement and are and are not attached hereto: 4 1 P a g e Jun 12 12 08:59a Bobby Cahoon Construction Jun 07 2012 9:32AM HP Fax page 6 252-24f)-9884 p.8 1. Work Change Directives; 2. Change order(s). 3. Building permit(s) as required and obtained throug� City PlartnjIng & Inspections, accompanied by engineered seated plans; all to be subrnhOd to OYMER before work can begin. t z 4. Certificate of Compliance(submitted prior to final paym@nt) i i There are no Contract Documents other than those listed above in this Article G. The Contract Documents may only be amended, modified, or suppieme Ited as agreed upon, in writing, by the Owner and Contractor. ARTICLE dq — MISCELLANEOUS 1001 Assignment of Contract f A No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically, but without limitations, moneys that may become due and moneys that are due may not be assigned without such conso,nt (except tp the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contr8ry in any Titten consent to an assignment, no assignment will release cr discharge the assignor from any duty or respaiisibility under the Contract Documents. �s E 10.02 Successors and Assigns 1 A OWNER and CONTRACTOR each binds itself, its partners, successors,'assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representative in respect to all covenants, agreements, and obligations contained in the Contract Documents_ 10.03 Severabbity d A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shalt be deemed stricken, and all remaining provisions shall continue to be valid and biding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stri�ken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intrrntion of the stricken provision. 10.04 Other Provisions 10.04.01 Clean Water, Clean ,err, Executive Oider (E.0) 11 738 and EPA Regulations Provis{on Comulianoe with Air and Water Acts This agreement is subject to the requirements of the Clean Air Act, as amended. 42 USC 1 57 et seq_, the federal Water Pollution Control Act, as amended, 33 USC 1251 et se% and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. The Contractors and any of its subcontractors for work funded this Agreement which is in excess of $1CC,000 agree to the following requirements: 1. A stipulation by the contractor or subcontractors that any facility to be utilized in thEi performance of any nonexempt contract or subcontract is no; listed on the Lis; of Violating Facilities iss�ed by the Environmental Protection Agency (EPA) pursuant to 40 CFR la20: 5 1 P a g e Jun 12 12 09:00a Bobby Cahoon Construction 252-24P3-9884 p.9 .Am 07 2012 9:33AM HP Fax page 7 I Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 !SC 1857c-8) and Section 308 of the Federal Water Polluti n Control Act, as amended (33 USC 1618) relating to inspection, monitoring, entry reports and tnforTation, as w4il as all other requirements specified in said Section 114 and Section 308, and all regtt)ations and 1uidetines issued thereunder; 3. A stipulation that as a condition for the award of the contract prompt noti a will be given of any notification received from the Director, Office of Federal Activities, EPA, indicati ng tt a facility 4tilized or to be utilized for the contract is under consideration to be listed on the EPA fisting of ViolatiI ng Facilities; and 4. Agreement by the Contractor that he will include or cause to be includedjithe criteria find requirements in Paragraph (1) through (4) of this section in every nonexempt suts-contmiit, and requiting that the contractorwill take such action as the Government may direct as a mea7`'s of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement utilized with respect to a facility which has given rise to a conviction under Section 113(c) (1) of the Clean Air Aa or Section �09 (c) of the Federal Water Pollution Contra[ Act. 10.04.02 Lobbying Clause Require by Section 1352, Title 1, U.S. Code j r 1. No federal appropriated funds have been paid orwil[ be paid, by or on b�haff of the undersigned, to any person for influencing or attempting to influence an officer or employee any agency, a Merrlber of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal gram, the making of any federal loan, the entering into of any cooperative, agreement, and the extension► continuat! n renewal, amendment, or modification or any federal contract, grant, loan, or coop4raiive agreiment. r 2. If any funds other than federal appropriated funds have been paid or will% a paid and person for influencing cr attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigneQshall complete and submit Standard Form-LL-L, 'Disclosure Form to Report Lobbying,' in accorderw with its instructions. This is a material representation of fact upon which reliance was placed en this transaction was made entered into- Submission of this certification is a prerequisite for makingk r entering! into this transaction imposed by Section 1362, Title 3 1, U.S. Code. Any person who fails to fde the req' fired certification shall be subject to a civil penalty of not less than $ 10,000 and not more than 100,00 for each such failure. 10.04.03 Nondiscrimination Clause Section 109 Housing and Community Development Act of 1974 i I Y No persor in the United States shall on the ground of race, color, nation4l origin or Pex be excluded from participation in, be denied the benefits of, or be subjected to discriminatign under any program or activity fu nded in whole or in part with funds available under this title. f 0.04.04 Age Discrimination Act of 1975, as Amended Mon discrimination on the Basis of Aae k No qualified person "ll on the basis of age be excluded from participa�on in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activit!which receives or benefits from Federal Financial assistance. 10-04.05 Executive Order 1 f246 Clause i 5{Page Jun 12 12 09:00a Bobby Cahoon Construction 252-24P-9884 . Jun 07 2012 933AM HP Fax A. B C. 0 E F G. 10.04.06 page 8 During the performance of this contact, the contractor agrees as follows: The contractor will not discrim.nate against any employee or application for err-ploym race, color, religion, sex or national origin. The contractor will take aMrrr&tive action applicants are employed, and that employees are treated during employr ent, with re color, religion, sex or national origin. Such action shall include, but not li tted to the employment, upgrading, demotion, or transfer; recruitment or recruitmen advertising termination; rates of pay or other forms of compensation; and selection f r training, it apprenticeship. The contractor agrees to post in conspicuous places, avolable to en applicants for employment, notices to be provided by the contracting office setting for provisions in the nondiscrimination clause. !nt because of c ensure that lard to their race. DIloeving; layoff or the and The contractor will, in all solicitations or advertisements for employees ptoced by or on the behalf of the contractor, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex or national origin. i The contractor will send to each labor union or representative of workers'avith which he has a collective bargaining agreement or other contract or understanding, a ntpice, to be proved by the agency contracting officer, advising the labor union or worker's representative of the ;contractor`s commitments under Section 202 of Executive Order 11 246 of September 24, 1965, and shall post copies of the rotice in conspicuous place available to employees and applicarts for employment. The contractor will comply with all provisions of Executive Order ,Vo. 11246 of September 24, 1955, and of the rules, regulations, and relevant orders of the Secretary of Labor. r The contractor will furnish all information and reports required by Executi*e Order N 1 1246 of September 24, 1965, and by the rules, regulations, and orders of the Serhetary of L;cr, or pursuant thereto, and will permit access to his books, records and accounts by theycontractiro agency and the Secretary of Labor for purposes of investigation to ascertain compliance *ith such rules, regulations and orders. In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Governtn�nt contract in accordance with procedures authorized in Executive Order 1 1245 of Seudember 24,i 1955, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided b law. The contractorwi:l include the provisions of paragraphs (1) through (7; in bvery subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of labor issued pursuant to Section 204 of Executive Order No. 11 246 of September 24, 1965, so L tat such provision will be binding upon each subcontractor or vendor. The contractor wilt tal4$ such action with respect I o any subcontractor or purchase order as the contracting agency may direct as a mans of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States - Section: 504 of the Re.habifitafion Act or 1973, as Amended Nondiscrimination on the Basis of Handicap No qualified handicapped person shall. on the basis of handicap be excluded from; participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program OF act vity which receives or benefits from Federal Financial assistance. 7{Page Jun 12 12 09:01'a Bobby Cahoon Construction 252-24• -9884 p.11 Jun 07` 2012 9:34AM HP Fax - -- , _ page 9 10.C4.07 Solicitation Provision Inca 4 rporatett by Reference � This solicitation incorporates one or more solicitation provisions by reference, A!, the same force and effect as if they were given in full text. Upon request, the Owner will make their full textavailable. The offeror is cautioned that the listed provisions may include blocks that must be complete by he offeror and submitted with its quotations or offer. In lieu of submitting the full text of those provisions, tte offeror may identify the provision by paragraph identifier and provide the appropriate information with its uotation or pffer. Also, the full text of a solicitation provision may be accessed electronicaily at this/theseaddress (e4): 10.04.08 Clauses Incorporated By Reference A. Contract Work Hours and Safety Standard Act — Section 103 and 107 (4(' USC 327-133) as supplemented by Department of Labor Regulations containers in 29 CFR parts 3. 5. and 5a. B. Copeland "Ant! — Kick Back" Act (24 CFR 85-36) C. Dav s Bacon Act (40 U.S- C. 276a to 276a-7) D. Copland Act (40 U.S.C. 276c and 18 U.S. C. 874) { IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in gophcate. 0.ne counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Docums.its have b6en signed, initialed or identified by the OWNER and CONTRACTOR. I This Agreement will be effective on Agreement). (This Agreement shall not be effective unless and until concurred in AGEENCY!s design etde Date of the oy representative) ¢ I OWNER By: / I (CORPORATE SEAALitt,,,�r,J�r�, d.� y AfUp�g Attes .?—�sati•••. �i Address for givin notice ������ t�ttataa, • If owner is public body, attach evidence oi! authority to sign and resolution or other documents authorizing execution of OWNER -CONTRACTOR Agreement.) CONTRACTOR By (CORPC?RATE SEAL) Attest e Address for giving notice -------------- License No. (Whitere appli ble) Agent for service of oroce$s: f W CONTRACTOR is a co"ratien or a partnership, attach evidence of authori�r to sign' j P Designated Representativi: Name: ` Title:_ d•e-eft n«.1 8Page Jun 12 12 09:01 a Bobby Cahoon Construction Jun 07 2012 9:35AM HP Fax page 10 252-24P-9884 p.12 Address: 1 L eJQ t�� Address: Phone: o� ' 7j Z O� Rhone: Facsimile: � Facsimile: AGENCY Cone nce As lender or insurer of funds to defray costs of this Contract, and vMhout liabilily for any AGENCY hereby concurs in the form, content, and execution of this Agreement. y By: AGENCY Official Title: Date: 9�Page thereunder, the er i o.: es It"'ype: 60327C General Address Location: Glenburnie Dr. Insp ate: 12/14/2012 Description Flublic ramp epsNa e: Davenport Comments: Project Complete. ViolationDistrict: MHCDO Perin eea a e: City of New Bern Ins Type: Monitoring Township: New Bern Printed On: Friday, December 14, 2012 RecordiD: 10044 County Name: Craven