60223_CITY OF NEW BERN_20120606

❑CAMA / _ DREDGE & FILL
" NO. 60223
GENERAL PERMIT
Previous permit#
❑New ❑Modification El Complete Reissue
El Partial 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
Project Location:
County
Address
Street Address/ State Road/ Lot #(s)
City_ State ZIP
_
-
Phone # (_ ) Fax # ( )
Subdivision
-
Authorized Agent
City
ZIP
Affected CW ❑ EW = PTA i_I ES 1- PTS
Phone # ( )
River Basin
AEC(s): — OEA I= HHF _I IH --:1 UBA _ N/A
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(
Groin length
numbe
Bulkhead/ Ri
avg dis
max di
Basin, chann
(Scale:
ards
cubic y
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
See note on back regarding River Basin rules.
Agent or Applicant Printed Name Permit Officer's Signature
Signature ** Please read compliance statement on back of permit **
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, certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
[l Tar - Pamlico River Basin Buffer Rules ❑ Other:
L-] 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
Morehead City Headquarters
Mailing Address:
400 Commerce Ave
1638 Mail Service Center
Morehead City, NC 28557
Raleigh, NC 27699-1638
252-808-2808/ 1-888-4RCOAST
Location:
Fax: [phone]
2728 Capital Blvd.
(Serves: Carteret, Craven, Onslow -above
Raleigh, NC 27604
New River Inlet- and Pamlico Counties)
919-733-2293
Fax:[phone]
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax: [phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-796-7215
Fax:[phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)

SOUTH LAWSON CREEK PARK DOCK & BOARDWALK
Work to be completed by contract:
The City proposes to eliminate future damage due to flooding and high water by installing a
floating dock of the same footprint. The 760 sf(95 If x 8 If) wood fishing pier with 36" high
handrails across the front, 42" high handrails across the back and sides, four 8' long benches,
and two(2) wood fish cleaning areas would be connected to the boardwalk by a 160 sf(32 If x 4
If) walkway with 42" high handrails.
Remove and replace the 3,036 sf wood boardwalk with 36' handrails on both sides and 18'
diameter planter. In order to meet the ADA requirements (36 CFR Part 1191, Sec. 15.2),
replacement will include a 30' x 5'=150 sf wood walkway with underlying gravel approach
between the roadway and boardwalk. All wood elements of the project are to be treated wood.
Project includes demolition and disposal of the existing dock, bulkhead, breakwater remains,
pier, boardwalk, walkway, pilings, and any other associated components, and engineering.

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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is by and between the City of New Bern
(hereinafter called OWNER) and Bobby Cahoon Construction, Inc.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 —WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
South Dock and Boardwalk, Lawson Creek 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 south dock and boardwalk at Lawson Creek Park.
ARTICLE 3 — ENGINEER
3.01
ARTICLE 4 — CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion and Final payment
1IPage

A. The Work will be substantially completed within 55 days after the date when the Contract Times
commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in
accordance with paragraph 14.07 of the General Conditions within 70 days after the date when the Contract Times
commence to run.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER
will suffer financial loss if the Work is not completed with the time(s) specified in paragraph 4.02 above, plus any '
extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the
delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER
$100.000 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the
remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay
OWNER $100.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for
final payment until the Work is completed and ready for final payment.
ARTICLE 5 — CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion 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 following:
A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified
item of the Unit Price Work times the estimated quantity of the items as indicated in the bid form:
TOTAL OF ALL UNIT PRICES: Ninety-nine thousand five hundred and twenty-three dollars and zero cents
DOLLARS: ($99,523.00 )
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 ENGINEER as provided in paragraph
9.08 of the General 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.
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 Conditions.
6.02 Progress Payments: Retainage
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A. OWNER shall make progress payments on account of the Contract Price on the basis of
CONTRACTOR's Applications for Payment on or about the 10'h day of each month during performance of the Work as
provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values
established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of
units completed) or, in the event there is no schedule of values, as provided in the General Requirements.
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 payments previously made and
less such amounts as CONTRACTOR may determine or OWNER may withhold, in accordance with
paragraph 14.02 of the General Conditions:
a. 90% of Work completed (with the balance being retainage). If 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 as long as the character and
progress of the Work remain satisfactory to them, there will be no retainage on account of
Work subsequently completed, in which case the remaining progress payments prior to
Substantial Completion will be in an amount equal to 100% of the Work completed less the
aggregate of payments previously made; and
b. 90% of cost of materials and equipment not incorporated in the 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 amounts as OWNER
shall determine in accordance with paragraph 14.02.B.5 of the General Conditions.
6.03 Final Payment
A. Upon final completion and acceptance of the Work by the OWNER, and the submission of a Certificate 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 Article 14 of the General Conditions shall bear interest at the rate of
5 % per annum.
ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter in this Agreement CONTRACTOR makes the following representations
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.
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.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, process, and performance of the Work.
D. CONTRACTOR has 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 or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions
as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental
Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of
the General Conditions.
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E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress or
performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences,
and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,
and safety precautions and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract 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 by OWNER and others at the Site
that relates to the Work as indicated in the Contract Documents(no work by OWNER and others).
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to
CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
ARTICLE 9 — CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement
2. Specifications as listed in the Bid Document
Drawings to be produced(contractor), consisting of a cover sheet and numbered
with each sheet bearing the following general title: North Lawson Creek Park Dock
4. Commercial General Liability Insurance
Copy of General Contractor License
B. Exhibits to this Agreement (enumerated as follows);
CONTRACTOR's Bid Information;
2. Documentation submitted by CONTRACTOR prior to Notice of Award;
C. 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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Work Change Directives;
2. Change order(s).
3. Building permit(s) as required and obtained through City Planning & Inspections,
accompanied by engineered sealed plans; all to be submitted to OWNER before
work can begin.
4. Certificate of Compliance(submitted prior to final payment)
There are no Contract Documents other than those listed above in this Article 9.
The Contract Documents may only be amended, modified, or supplemented as agreed upon, in writing,
by the Owner and Contractor.
ARTICLE 10 — MISCELLANEOUS
10.01 Assignment of Contract
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 consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
10.02 Successors and Assigns
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 representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
10.03 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER
and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part
thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
10.04 Other Provisions
10.04.01 Clean Water, Clean Air, Executive Order (E.0) 11 738 and EPA Regulations Provision
Compliance with Air and Water Acts
This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the federal
Water Pollution Control Act, as amended, 33 USC 1251 et seq. 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 $100,000
agree to the following requirements:
A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any
nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the
Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20;
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2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as
amended (42 ISC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended
(33 USC 1818) relating to inspection, monitoring, entry reports and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations and guidelines
issued thereunder;
3. A stipulation that as a condition for the award of the contract prompt notice will be given of any notification
received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be
utilized for the contract is under consideration to be listed on the EPA listing of Violating Facilities; and
4. Agreement by the Contractor that he will include or cause to be included the criteria and requirements in
Paragraph (1) through (4) of this section in every nonexempt sub -contract, and requiring that the
contractor will take such action as the Government may direct as a means of enforcing such provisions.
In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility
which has given rise to a conviction under Section 113(c) (1) of the Clean Air Act or Section 309 (c) of the
Federal Water Pollution Control Act.
10.04.02 Lobbying Clause
Require by Section 1352, Title 1, U.S. Code
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member 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 grant, the making of any federal
loan, the entering into of any cooperative, agreement, and the extension, continuation renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid any person for
influencing or 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 undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This is a material representation of fact upon which reliance was placed when this transaction was made
entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 3 1, U.S. Code. Any person who fails to file the required 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
No person in the United States shall on the ground of race, color, national origin or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds available under this title.
10.04.04 Age Discrimination Act of 1975, as Amended
Non Discrimination on the Basis of Age
No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any program or activity which receives or benefits from
Federal Financial assistance.
10.04.05 Executive Order 11246 Clause
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During the performance of this contact, the contractor agrees as follows:
A. The contractor will not discriminate against any employee or application for employment because of
race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, with regard to their race,
color, religion, sex or national origin. Such action shall include, but not limited to the following;
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting office setting forth the
provisions in the nondiscrimination clause.
B. The contractor will, in all solicitations or advertisements for employees placed 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.
C. The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice, 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 notice in conspicuous place available to employees and applicants for employment.
D. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
E. The contractor will furnish all information and reports required by Executive Order No. 1 1246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations
and orders.
F. 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 Government contract in
accordance with procedures authorized in Executive Order 1 1246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
G. The contractor will include the provisions of paragraphs (1) through (7) in every 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 that such provision
will be binding upon each subcontractor or vendor. The contractor will take such action with respect
to any subcontractor or purchase order as the contracting agency may direct as a means 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.
10.04.06 Section 504 of the Rehabilitation Act of 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 or activity which
receives or benefits from Federal Financial assistance.
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10.04.07 Solicitation Provision Incorporated by Reference
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect
as if they were given in full text. Upon request, the Owner will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be complete by the offeror and submitted
with its quotations or offer. In lieu of submitting the full text of those provisions, the offeror may identify the
provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also,
the full text of a solicitation provision may be accessed electronically at this/these address (es):
10.04.08 Clauses Incorporated By Reference
A. Contract Work Hours and Safety Standard Act - Section 103 and 107 (40 USC 327-333) as
supplemented by Department of Labor Regulations contained in 29 CFR parts 3, 5, and 5a.
B. Copeland "Anti - Kick Back" Act (24 CFR 85.36)
C. Davis 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 duplicate. One counterpart each
has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed, initialed
or identified by the OWNER and CONTRACTOR.
This Agreement will be effective on (which is the Effective Date of the
Agreement). (This Agreement shall not be effective unless and until concurred in by AGENCY's designated
representative.)
OWNER
By:
(CORPORATE SEAL)
`ttttttter"sNi n
Attest
—
Address for giving tices: i- •
0
`�'se�
°�. C O o,.
If owner is public body, attach evidence oif°j8°""°'
authority to sign and resolution or other documents
authorizing execution of OWNER -CONTRACTOR
Agreement.)
CONTRACTOR
By
(CORPORATE SEAL)
Attest
Address for giving notices:
License No.
(Where applicable)
Agent for service of process:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Designat e esentative-: Designated Representative:
Name: LY�Al1l C Name:
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Address: 1 ©' ( D X- it V
,_k� '�S D
Phone:`/]
Facsimile: A5'7 "
AGENCY Concurrence
Address:
Phone:
Facsim
As lender or insurer of funds to defray costs of this Contract, and without liability for any payments thereunder, the
AGEN he by concurs in th formr content, and execution of this Agreement.
By: 'n Title:
AGENCY Officia
Date:
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