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
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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.
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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.
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ARTICLE 3 -- ENGINEER
3.C1 i
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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
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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.
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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:
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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:
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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
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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.
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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
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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
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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.
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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.
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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);
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1. CONTRACTOR's Bid information;
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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:
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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
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4. Certificate of Compliance(submitted prior to final paym@nt) i
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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.
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10.02 Successors and Assigns
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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:
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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
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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.
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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
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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
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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
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10.04.06
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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.
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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.
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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
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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
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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