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Home My WebLink AboutPRLF311_20200103_RAP_Completion_ReportREMEDIAL ACTION COMPLETION REPORT J.H. Winston Dump Youngsville, Franklin County, North Carolina ID No. NONCD0000311 State Contract No. N15001i Task Order RA311‐9B Submitted To: North Carolina Department of Environmental Quality Division of Waste Management Inactive Hazardous Sites Branch Superfund Section Pre‐Regulatory Landfill Unit 1646 Mail Service Center Raleigh, North Carolina 27699‐1646 Prepared By: ________________________ John Palmer, P.G. Senior Geologist Reviewed By: ________________________ Benjamin A. Whitley, P.E. GeoEnvironmental Services Manager Prepared By: FROEHLING & ROBERTSON, INC. 310 Hubert Street Raleigh, North Carolina 27603‐2302 F&R Project No. 79W‐0001 November 25, 2019 (Revised January 3, 2020) Page i of ii TABLE OF CONTENTS 1.0 INTRODUCTION ........................................................................................................................ 1 1.1 Property Description .................................................................................................... 1 1.2 Historical Operations ................................................................................................... 1 2.0 REMEDIAL ACTIVITY SUMMARY ............................................................................................... 1 2.1 Summary of Anticipated Work ..................................................................................... 2 2.2 Summary of Unanticipated/Additional Work .............................................................. 2 2.3 Erosion and Sediment Control Measures .................................................................... 3 2.4 Well Abandonments .................................................................................................... 3 2.5 Clearing and Grubbing ................................................................................................. 3 2.6 Surficial Waste (and Soil) Removal .............................................................................. 4 2.7 Debris Remaining On‐Site ............................................................................................ 5 2.8 ACM Management ....................................................................................................... 6 2.9 Tires and Metal Disposal .............................................................................................. 7 2.9.1 Tire Removal ................................................................................................. 7 2.9.2 Metal Removal/Recycling ............................................................................. 7 2.10 Waste Removal Monitoring Effort ............................................................................. 7 2.11 Waste Removal Certification Process ........................................................................ 7 2.11.1 Initial Waste Characterization Sampling: .................................................... 7 2.11.2 Final Confirmational Sampling .................................................................... 8 2.12 Grading and Site Stabilization .................................................................................... 8 2.13 ESC Compliance and Demobilization ......................................................................... 9 2.14 Contractor Work Schedule Exceedance ..................................................................... 9 2.15 Quality Control/Quality Assurance .......................................................................... 10 3.0 SOLE USE STATEMENT ........................................................................................................... 10 4.0 REPORT CERTIFICATION ......................................................................................................... 11 APPENDICES Appendices A Plan Drawings and Project Manual Appendices B ESC Plan, Approval Letter, & Inspection Reports Appendices C Final Well Abandonment Records Appendices D Waste Disposal Summary Appendices E Confirmation Soil Sampling Results Appendices F Certified As‐Built Survey Figure Page ii of ii ACRONYMS AND ABBREVIATIONS ACM Asbestos Containing Material A&D A&D Environmental Services DEMLR Division of Energy, Mineral, and Land Resources DWM Division of Waste Management ESC Erosion & Sediment Control F&R Froehling & Robertson, Inc GIS Geographic Information Systems IHSB Inactive Hazardous Sites Branch LOD Limits of Disturbance mg/K Milligrams per Kilogram (parts per million) ug/L Microgram per Liter (parts per billion) MSW Municipal Solid Waste NCAC North Carolina Administrative Code NC DEQ North Carolina Department of Environmental Quality NC DOT North Carolina Department of Transportation PIN Parcel Identification Number PM Project Manager/Management PSRG IHSB Preliminary Soil Remediation Goal PRLF Pre‐Regulatory Landfill Unit RAP Remedial Action Plan RPR Resident Project Representative SVOC Semi‐Volatile Organic Compound VOC Volatile Organic Compound Unit NC DEQ IHSB Pre‐Regulatory Landfill Unit WDA Waste Disposal Area Page 1 1.0 INTRODUCTION Froehling and Robertson, Inc. (F&R) is pleased to submit this Remedial Action Plan (RAP) Completion report for the J.H. Winston Dump (the Site) located in Youngsville, Franklin County, North Carolina. Remedial activities were completed in general accordance with Task Orders 311RA‐1 through RA‐9, and the RAP Completion report was completed in accordance with Task Order 311RA‐9B. The objective of the RAP Completion report is to present a summary of the results of the implemented remedial activities, and to certify that the remedy was completed in general accordance with the design drawings and specifications. 1.1 Property Description The J.H. Winston Dump (NONCD0000311) is located west of US 1 North (aka Capital Boulevard) approximately 15 miles north of Raleigh, in a developing rural residential and agricultural area northwest of the Town of Youngsville. The Site is bordered to the north by Long Mill Elementary School and to the west by Long Mill Road, beyond which is residential development. The Site can be accessed directly from Long Mill Road to the northwest, or by an unimproved trail from Capital Boulevard to the southeast. The Site terrain slopes gradually to the southeast, with an approximate relief of 50 feet. The Site is located on two contiguous parcels identified by Parcel # 006743 (Franklin County Book 1453, Page 24) and Parcel # 040807 (Book 1712, Page 237). These parcels total 75.7 acres, with approximately 9.3 total acres of previously‐delineated waste disposal areas (WDAs) that required removal effort. The general configuration of the property is illustrated in the Certified As‐Built Survey Figure (included in Appendix F) of this Report. 1.2 Historical Operations The North Carolina Department of Transportation (NC DOT) timbered / cleared the property and utilized the surficial soils for soil borrow purposes in the early 1950s to support expansion of US Highway 1. In 1954, upon completion of the work on the highway, the Town of Youngsville began using the Site as a dump for household waste. The dump remained in operation until the early 1960s. Waste consisted primarily of plastics, glass and metal containers, tires, older white goods, boilers, cinderblocks, bricks, shingles, tractor frames, and plows. 2.0 REMEDIAL ACTIVITY SUMMARY Project Plan Drawings (dated February 2018) and a final Project Manual (Dated June 2018) for completion of the work described in this Report were prepared by F&R, and are presented in Appendix A. F&R followed the generally approved DEQ bidding and contractual guidelines, and A&D was selected to perform the work. An on‐site pre‐bid conference was held at the Site on May 18, 2018 to provide prospective bidders an opportunity to view the Site. A pre‐construction meeting was held at the F&R offices in Raleigh, NC on June 7, 2018 to designate individuals responsible for performance of the work. Project schedule, shop drawings and other project Page 2 submittals, payment procedures, and record keeping were likewise discussed. Work change directives were presented in the form of PRLF Unit‐approved Cost Adjustments, as discussed in Section 2.2 of this Report. The following entities were represented:  North Carolina Department of Environmental Quality (NC DEQ), Division of Waste Management (DWM), Inactive Hazardous Sites Branch (IHSB), Pre‐Regulatory Landfill (PRLF) Unit;  A&D Environmental Services (the Contractor); and  F&R (Engineering and PM personnel). 2.1 Summary of Remedial Actions Remedial field activities were conducted between June 13, 2018 and August 16, 2019, as summarized in the F&R Daily Reports. RAP implementation activities as discussed below were performed by A&D Environmental Services (the Contractor), located in High Point, North Carolina. The purpose of the remedial activities was to remove surface waste in the vicinity of the known WDAs (herein identified as the Northern and Southern WDAs, respectively) to the extent practicable. Following waste removal, the surface of the resulting disturbed areas were to be graded in such a way that the resulting upper surface would drain downgradient and away from the former WDA areas. After completion of surface waste removal, it was anticipated that Land Use Restrictions (LURs) would not be necessary, as residual waste that might reasonably be expected to contribute to the potential for future contamination would no longer be present. The following remedial activities were completed to achieve the remedial goals:  Clearing and grubbing;  Installation and removal of erosion and sedimentation control measures;  Excavation, removal, and offsite disposal of surficial waste;  Asbestos containing materials management;  Surficial grading to achieve positive surface drainage; and  Permanent vegetative stabilization. 2.2 Summary of Unanticipated/Additional Work As introduced above, work change directives were presented in the form of Cost Adjustments, and included (but were not necessarily limited to):  311RA‐7A1 & 7B1, Skimmer basin impoundment structure extension resulting from topographic conditions at SW end;  311RA‐8A1 & 8B1, Disposal of additional/excavated waste found east of the Northern WDA;  311RA‐9A1 & 9B1, Skimmer Basin Erosion Control Matting; Page 3  311RA‐9A2 & 9B2, Haul Road Seeding;  311RA‐11, Waste Characterization;  311RA‐12B, Preparation of workplan evaluating alternative waste screening methods;  311RA‐15A & 15B, Turbidity management (unanticipated erosion control efforts at skimmer basin);  311RA‐16A & 16B, Clearing, grading, and survey efforts for additional waste area beyond SE boundary of Northern WDA;  311RA‐17, Hiatus F&R PM site visits;  311MIS‐1A & 1B, Hurricane preparation activities; and  311MIS‐2A1, 2A2, &2B, Hurricane repair activities. 2.3 Erosion and Sedimentation Control Measures F&R’s February 23, 2018 Storm Water, Erosion and Sediment Control (ESC) Plan was submitted to, and approved by the NC DEQ Division of Energy, Mineral, and Land Resources (DEMLR) on May 7, 2018. F&R’s ESC Plan and the DEMLR’s approval letter are presented in Appendix B. Financial Responsibility for Erosion and Sediment Control Plan Permit FRANK‐2018‐0028 was formally transferred from F&R to the Contractor via correspondence with the DEMLR, dated June 4, 2018 (and likewise included in Appendix B). Temporary ESC measures included construction of one skimmer basin (installed between June 19, 2018, and July 18, 2018). It should be noted that construction of the basin exceeded the Contractor’s production schedule; as such, waste removal efforts were postponed until protective ESC measures could be established. Other ESC measures including diversion dikes and silt fencing were designed, monitored, and maintained in general accordance with the ESC plan. A temporary construction entrance leading into the project area from SR 1134 (Long Mill Road) was approved by the NC Department of Transportation (NC DOT) via correspondence dated May 2, 2018. The duration of the permit was for 6‐months, and the entrance was constructed on June 15, 2018 in general compliance with the permit. The entrance was subsequently deconstructed on August 16, 2019, in satisfaction of F&R’s NC DOT performance and indemnity bond. 2.4 Well Abandonments Existing groundwater monitoring wells MW‐1 through MW‐6 were decommissioned prior to initiating site‐clearing activities. Each well was sounded, abandoned via tremie‐grouting methods, and the surface completions were removed by a North Carolina‐licensed driller in general compliance with 15A NCAC 02C regulatory guidance. Final abandonment records are provided in Appendix C. 2.5 Clearing and Grubbing Prior to initiating vegetative clearing activities associated with remediation, the Site remained undeveloped and much of the project area remained covered with dense woodland consisting of Page 4 scrub deciduous and semi‐mature pine trees. The area of the woodland requiring clearing effort was determined to be approximately 10.92 acres via formal survey (conducted at the completion of the waste excavation process). The formally surveyed clearing total was comprised of the Northern WDA at 4.83 acres, the Southern WDA at 2.83 acres, the sediment basin at 1.71 acres, and the construction entrance at 1.55 acres. Selective timber harvesting had taken place within various portions of both parcels within the previous year. As such, initial logging of the remaining trees was limited in scope, and timber harvest methods were determined by the Contractor. Those trees sufficiently mature to require logging were removed via heavy equipment supported by hand sawing methods. The logs were stockpiled on‐site, and eventually processed via tub grinder methods. The resulting chips were stockpiled within the primary vegetative debris stockpile located in the Contractor’s laydown area, and later thin‐spread at various areas of the Site. Much of the clearing and grubbing activity was conducted concurrently with waste removal operations. The Contractor shifted through each densely vegetated waste area, and typically utilized a thumbed, full‐sized excavator to initially remove the immature/scrub trees, vines, and bushes, and stockpiling this material adjacent to the work. The temporary vegetative debris stockpile was allowed to accumulate for multiple days. The temporary stockpiles were subsequently loaded out to articulated trucks via full‐sized excavator, and transported to the primary vegetative debris stockpile located in the Contractor’s laydown area. At the conclusion of clearing efforts, the vegetative debris stockpile was likewise processed via tub grinder methods, and stockpiled within the primary vegetative debris stockpile. Clearing and grubbing efforts were begun on June 6, 2018 and substantially ended on September 3, 2018. 2.6 Surficial Waste (and Soil) Removal Surficial waste removal began with hand collection efforts on June 26, 2018. By project end, a total of 8,294.41 tons of mixed surficial waste consisting of glass, scrap metal and cans, plastic, and masonry materials, residual soil, and vegetative debris had been excavated and ultimately transported offsite. This tonnage included the residual soil in which the MSW‐type waste was mixed (i.e., the soil surrounding and underlying the waste), and a vegetative debris component that was intermingled with the surface following completion of grubbing efforts. The general configuration of the Northern and Southern surface waste removal areas are illustrated in the Certified As‐Built Survey Figure (included in Appendix F) of this Report. Much of the waste was observed to be intermixed into the decomposed leaf litter and upper soil to a depth of 6 to 8‐inches, and a high percentage of the glass containers had been broken and intermixed into the surficial soil through historical logging activity. As such, the Contractor initially limited waste removal via hand‐picking methods. In addition, the Contractor utilized multiple mechanical waste removal methods throughout the excavation process. Initially, a full‐ size excavator and bulldozer were utilized to remove the surface waste; however, this method was soon abandoned due to the aggressive volume of residual soil intermixed into the waste. The Contractor eventually developed a removal strategy that removed both the waste and the upper 6 to 8‐inches of residual soil using a mini‐excavator fitted with a flat bladed bucket. Hand removal efforts in the vicinity of the (greater) mechanical waste removal effort were typically Page 5 observed, and hand‐methods invariably followed the mechanical removal effort throughout the Site. It should be noted that an additional, unanticipated area of surficial waste was identified during the performance of the planned project activities. This approximately 0.37 acre area was located beyond the East‐southeast boundary of the Northern WDA, and was removed under the cost‐ adjustment 311RA‐16A & 16B outlined in Section 2.2 of this Report. The waste removal process was monitored by the F&R resident project representative (RPR) throughout the work. The RPR interfaced with the Contractor intermittently to suggest special attention to remaining waste, or to request that the Contractor use additional care in segregating the waste away from the underlying residual soil, such that the overall volume of the mixed waste material might be controlled. In should be noted however, that the development and implementation of means and methods remained the Contractor’s responsibility, with F&R acting in a limited observational and reporting role throughout the project. The mixed waste, soil, and remaining organic debris was initially stockpiled in the vicinity of the work via bulldozer, and allowed to accumulate for multiple days. The temporary stockpiles were subsequently loaded out to articulated trucks via full‐sized excavator, and transported to the Contractor’s primary stockpile for offloading. The primary stockpile remained covered with plastic throughout the disposal process, and was intermittently surveyed for billing purposes before ultimate removal from the Site. Transport offsite was initiated approximately four weeks after waste excavation began, and was accomplished via multiple subcontracted over the road trucking firms. Transport offsite to Republic Service’s Brunswick Landfill, located at 107 Mallard Crossing Road, Lawrenceville, Virginia 23868 (Permit No. 4745) was begun on July 27, 2018 and ended on October 15, 2018. A waste disposal summary (manifest detail) is provided in Appendix D. 2.7 Debris Remaining On‐Site Upon arrival by the Contractor on the first day of field operations, two recently‐placed dumptruck‐sized loads of construction debris were noted, approximately 50 feet inside the planned entrance to the Site. As this debris was not associated with historical landfill operations, the PRLF Unit PM directed that the material not be removed. The construction debris was shifted southward out of the construction entrance, and allowed to remain onsite at approximate location 36.056532, and longitude 78.498389. In addition, a recently placed pickup‐sized load of shingles was also observed southward of the project area (well outside of the planned Limits of Disturbance), and approximately 250 feet eastward of the sedimentation basin. The PRLF Unit PM was made aware of the debris, and the material was allowed to remain onsite at approximate location 36.066114, and longitude 78.495833. Prior to initiating the waste remediation effort, the Site had been timbered multiple times resulting in tree debris remaining on the ground, in and around the planned Contractor laydown area. The majority of this tree debris was pushed into a linear pile along the western and northern perimeters of the laydown area, and allowed to remain on‐site. The center of the Page 6 linear tree debris pile is located at approximately 36.057000, and longitude 78.497861. See Figure 3 for the locations of debris remaining on‐site. 2.8 ACM Management Suspect asbestos containing materials (ACM) were identified both during initial remedial assessment phase work (during the surface waste evaluation previously reported under Task Order 311RA‐3), and during the remedial action phase work outlined in this Report. Areas of suspect ACM were initially flagged by the Contractor for special handling in general accordance with the general requirements stipulated within the Contractor’s Remediation Plan dated June 22, 2018 (and subsequently approved by F&R on July 23, 2018):  Excavated material would be temporarily staged for examination to determine if materials were suspected to contain asbestos, and staged material would be covered at the end of each work day and prior to any storm‐water runoff producing event;  Excavated material would be visually screened for potential ACM by the Contractor’s certified (on‐site) asbestos supervisor and ECS’ certified inspector;  Building materials that potentially contained asbestos would be assumed to be ACM (without formal analytical testing), to include floor tile, drywall, roof shingles, transite siding, caulkings, glazings, built‐up roofing, tar paper, ceiling tiles, etc;  Excavated materials from the Site would be segregated and transported off‐site for disposal;  Materials assumed to be ACM would be wrapped, labeled, and transported offsite to be disposed of as ACM;  Personnel in direct contact with the assumed ACM would be certified asbestos workers, working under direction from the certified asbestos supervisor;  Air samples would be collected periodically to document that adjacent areas do not become contaminated during excavation activities;  The Contractor would assume all responsibility for compliance with OSHA regulations and overall site safety (including control of airborne asbestos fibers); and  The Abatement/Demolition Contractor would be responsible for keeping records which document and quantify the amount of ACM segregated. On August 8, 2018, the Contractor’s subcontract ACM management firm determined that, due to the lack of airborne fibers observed during personnel monitoring efforts, ACM handlers would no longer be required to utilize respiratory or Tyvek personal protective equipment (PPE), and that level D PPE standards would be observed. Collection of, and transport of approximately 120.2 tons of stockpiled ACM material was completed on October 9, 2018. A waste disposal summary (manifest detail) is provided in Appendix D. Page 7 2.9 Tires and Metal Disposal In addition to the ACM handling protocol outlined above, the June 22, 2018 Remediation Plan directed that the Contractor segregate, recycle, and/or properly dispose of excavated tires and metals. 2.9.1 Tire Removal: Tires were collected and stored within one roll‐off type container located in the Contractor’s laydown area. The container was eventually transported offsite to A&D’s Archdale facility. 2.9.2 Metal Removal/ Recycling: Metals were likewise collected and stored within one roll‐off type container located in the Contractor’s laydown area. The container was eventually transported offsite as property of A&D. 2.10 Waste Removal Monitoring Effort As introduced in Section 2.2 above, an F&R resident project representative (RPR) monitored the waste removal process throughout the performance of the work. In addition, periodic field visits by a member of the F&R project management (PM) staff evaluated the Contractor’s progress and overall adherence to project specifications. PM Reports were integrated into the F&R Daily Reports (see Appendix B) during the Contractor’s active portions of the work. Upon notification from the Contractor that the waste removal process for the Southern WDA was complete, a final certification site visit was conducted by the PRLF Unit PM, the F&R PM, and A&D PM staff on August 23, 2018, to determine acceptability of this portion of the project area. Upon notification from the Contractor that the waste removal process for the Northern WDA was complete, a final certification site visit was likewise conducted on October 4, 2018. Both visits resulted in release of the Contractor to initiate vegetative stabilization efforts in these specific, formerly waste‐containing areas. 2.11 Waste Removal Certification Process 2.11.1 Initial Waste Characterization Sampling: In satisfaction of the waste receipt facility’s waste characterization protocol, F&R collected and submitted two soil samples for analytical review. Each soil sample was a composite of a total of three sampling locations within each of waste areas (i.e., Northern and Southern). The samples were removed from the surficial 0 to 6 inches below the ground surface (bgs), and submitted for laboratory analysis of Pesticides by EPA Method 8081, Herbicides (2,4‐D and 2,4,5‐TP) by EPA Method 8151, and Total Metals. No pesticides or herbicides were reported to exist; however, a total of eight metals were observed at various concentrations. Arsenic was reported at 3.2 and 3.5 mg/Kg, above the 0.68 mg/Kg Residential Preliminary Soil Remediation Goals (PSRGs) for this compound. The soils were subsequently accepted by the permitted facility. Page 8 2.11.2 Final Confirmational Sampling: Upon receipt of notification from the Contractor that excavation of the surficial waste was complete in substantial portions of each WDA, F&R collected and submitted confirmation soil samples for laboratory analysis. Confirmational sampling was conducted by F&R on five occasions throughout the work. Samples were typically collected from the upper 1.0 foot of surficial soils via hand auger methods, from the center of a 100 x 100 foot grid orientation (e.g., grid point nomenclature: A through U are north/south trending grid lines, and 1 through 10 are east/west trending grid lines). A total of 45 confirmational samples were collected and submitted for laboratory analysis of Volatile Organic Compounds (VOCs) by SW‐846 Method 8260B, Semi‐Volatile Organic Compounds (SVOCs) by SW‐846 Method 8270D, 1,4‐dioxane by EPA Method 8260SIM, 14 Metals by EPA Method 6020, Mercury by EPA Method 7470, Ammonia by SM 4500, and Nitrate and Sulfate by EPA Method 300. Four VOCs (Acetone, Ethylbenzene, p‐Isopropyltoluene, and Toluene) were detected; however, these compounds were reported well below the Residential PSRGs for these compounds. In addition, eight SVOCs (Benzo(a)anthracene, Benzo(a)pyrene, Benzo(b)fluoranthene, Benzoic Acid, Chrysene, Fluoranthene, Phenanthrene, and Pyrene) were detected. These SVOCs were likewise reported below their respective Residential PSRGs. Soil remediation goals (SRGs) for Arsenic and Iron were established at 22 mg/Kg and 55,000 mg/Kg (respectively), during the previous Remedial Investigation Summary Report phase of the work. As such, of the fifteen metals reported to exist, only Thallium was reported at concentrations that consistently exceeded its 0.16 mg/Kg Residential PSRGs. According to the US Geological Survey’s (USGS) Data Series 801 (Geochemical and Mineralogical Data for Soils of the Conterminous United States), concentrations for Thallium might be expected to range from 12.2 to 84.1 mg/Kg (within the A Horizon) and 13.7 to 55.9 mg/Kg (within the C Horizon) for this portion of Franklin County. The concentrations of Thallium detected in the confirmatory soil samples were within the ranges indicated in the USGS 801 publication, which suggests a naturally‐occurring origin for Thallium. A sampling grid figure and summarized sampling data are provided in Appendix E. 2.12 Grading and Site Stabilization Much of the surficial grading was accomplished during performance of the waste removal activities outlined in Section 2.6 of this Report, or immediately thereafter. Those surface soils that contained waste were removed via excavator bucket and/or bulldozer blading and transported elsewhere on‐site for processing. The remaining soils deemed by the Contractor to be sufficiently free of waste to remain on‐site were fine‐graded to achieve positive drainage by the same equipment utilized to remove the waste materials to an approximate maximum slope of 5:1 (horizontal to vertical) as illustrated in the Certified As‐Built Survey Figure. The survey/Plat Figure submitted by A&D is provided in Appendix F. Soil amendments to include lime and fertilizer were initially applied in general compliance with the project specifications. It is F&R’s understanding that an Engineer‐specified seed mixture consisting of: Page 9  41% Bermuda Grass;  25% Korean Lespedeza;  16% Browntop Millet;  8% German Millet;  8% Deertongue;  0.35% Other Crop;  1.45% Inert Matter; and  0.20% Weed Seed was applied via hand and mechanical methods as deemed appropriate by the Contractor. Straw mulch was likewise applied via hand and mechanical methods following seeding activities. Surface stabilization efforts were conducted in two phases; Phase B (concurrently with waste removal, and Phase C (concurrently with ESC deconstruction). Phase B stabilization was observed to extend between the dates of September 19, and October 25, 2018; and Phase C stabilization was observed to extend between the dates of April 9 and August 16, 2019. 2.13 ESC Compliance and Demobilization Following a formal inspection conducted by a DEMLR representative on July 30, 2019, the Contractor was authorized by that agency to begin removal of ESC measures. This authorization was limited to ESC measures internal to the Site, and did not include certain boundary portions of siltfence located in vulnerable areas of concentrated surficial stormwater flow. On July 31, 2019, F&R was informed via email that A&D had met with an NCDEQ DEMLR representative on July 30, 2019 to conduct the required final inspection for Permit #FRANK‐2018‐ 028. It is F&R’s understanding that the NCDEQ DEMLR has closed the above‐described permit based upon the conditions observed on the date of inspection. The Contractor returned to the Site on August 16, 2019 to complete decommissioning remaining ESC measures. The remaining siltfence was removed, one final siltfence was deconstructed, and the construction entrance stormwater culvert pipe and DOT driveway were removed, certain areas of standing water were infilled with readilly available site materials, and limited areas of unvegetated (i.e., unstabilized) surfaces in the vicinity of the Contractor’s former laydown area and the former sedimentation basin were seeded and mulched. 2.14 Work Schedule The Contractor’s initiated work on June 13, 2018, and completed field efforts on August 16, 2019. A summary spreadsheet of the Contractor’s work activity, to include date and Contractor attendance, as well as running totals for formal rain days and cumulative working days was prepared and attached to the F&R Daily Report. Page 10 2.15 Quality Control/Quality Assurance Construction quality control and quality assurance (CQC/CQA) was addressed through several processes. All submittals provided by the Subcontractor were reviewed and approved by F&R to verify proposed materials were in accordance with the project specifications and design drawings. F&R also periodically reviewed survey data provided by a licensed North Carolina surveyor to confirm measurement of quantities for payment purposes. An F&R Resident Project Representative (RPR) was on‐site each day remedial activities were performed to observe compliance with the project plans and specifications. The RPR was also responsible for relaying field issues to the F&R PM team, preparing daily progress reports including site photography, ensuring measurement of certain quantities for payment purposes, and conducting confirmational soil sampling. As previously introduced, periodic PM site visits were likewise conducted to promote satisfactory performance of the work. A final walk‐through site visit was completed by representatives of the NC DEQ PRLF Unit, F&R, and A&D on August 15, 2019, to evaluate the conditions of the Site. A formal Deficiency Notification was submitted to A&D on August 28, 2019 outlining the inadequate vegetative stabilization observed on that date. Specifically, only a very small percentage of specified vegetative cover was established, or remained viable across much of the Northern and Southern Waste Areas. It was the understanding of F&R that A&D was aware of this vegetative cover deficiency, and intended to allow the Site to continue to regenerate for an unspecified portion of the (12) month warranty period. Certain other minor deficiencies were likewise noted and communicated to A&D; however, these conditions were addressed by the Contractor during his final workday on August 16, 2019. 3.0 SOLE USE STATEMENT This report was prepared solely for the intended use of the NC DEQ IHSB PRLF Unit performed in response to the scope of work for Task Order 311RA‐9B. Use of this document for other purpose(s) is at the sole risk of the user. APPENDICES APPENDIX A Plan Drawings and Project Manual Project Information Sheet 1.0 NA KHH DAK 1 of 6 May, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date (c) COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton May 02, 2018 - 3:17pm - C:\Users\KHylton\appdata\local\temp\AcPublish_5484\66U-0089-001 JH Winston Landfill C3D.dwgJH WINSTON DUMP REMEDIAL ACTION PLAN FRANKLIN COUNTY, NC NCD0000311 - Prepared For - NC Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 (919) 707-8230 - Prepared By - Froehling & Robertson, Inc. 310 Hubert St Raleigh NC 27603 (919) 828-3441PROJECT DESCRIPTION THESE DRAWINGS AND DESIGN INFORMATION ARE FOR THE REMOVAL AND CLEAN UP OF THE FORMER JH WINSTON DUMP SITE OFF LONG MILL RD NEAR YOUNGSVILLE, NC. THE SITE IS ACCESSED FROM LONG MILL RD BETWEEN THE PARCELS FOR 1819 LONG MILL RD AND 1753 LONG MILL RD. THE SITE IS ENCOMPASSED WITHIN 2 PARCELS TOTALING 75.7 ACRES WITH APPROXIMATELY 9.3 ACRES IDENTIFIED AS BEING USED FOR THE DUMP. THE DEPTH OF THE LANDFILL VARIES BUT IS CONSIDERED SURFICIAL WITH AN AVERAGE DEPTH OF 6" AND CONCENTRATED AREAS UP TO 2 FT. THE SITE IS POPULATED WITH SIGNIFICANT TREES AND VEGETATION THAT WILL NEED TO BE CLEARED IN ORDER TO REMOVE THE WASTE MATERIAL FROM THE DUMP. UPON COMPLETION OF THE DUMP REMOVAL THE SITE WILL BE SEEDED AND MULCHED AND MAINTAINED UNTIL STABILIZED. EFFLUENT FROM THIS SITE DRAINS TO BRANDY CREEK AND CEDAR CREEK, CLASS "B", NSW, OF THE TAR-PAMLICO RIVER BASIN. THE SPECIFICATIONS AND CONTRACT DOCUMENTS ARE LOCATED IN THE "PROJECT MANUAL" DATED MAY 2018. PLAN INDEX: 1. 1.0 Project Information Sheet 2. 1.1 Survey & General Notes 3. 2.0 Site Plan 4. 3.0 Erosion & Sediment Control Plan 5. 3.1 Erosion & Sediment Control Details (1 of 2) 6. 3.2 Erosion & Sediment Control Details (2 of 2) Project Site JH Winston Dump Site Vicinity Map N 0 3000'6000' Project Site JH Winston Dump Site Long Mill Rd96 96 Youngsville Bert Winston Rd Holden Rd Jo h n M i t c h e l l R d Si d M i t c h e l l R d Park AveAlt 96 Green Rd Survey & General Notes 1.1 NA KHH DAK 2 of 6 May, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date (c) COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton May 02, 2018 - 3:17pm - C:\Users\KHylton\appdata\local\temp\AcPublish_5484\66U-0089-001 JH Winston Landfill C3D.dwgNot To Scale Vicinity Sketch North Carolina 237 947 160' Date: Drawing # Scale: 1" = &1843-97-1741 Township: Tax Map# Youngsville Withers and Ravenel Survey Of: 1453 1712 Franklin 024DB______ Pg______ DB______ Pg______ State: County: 828 288 0008 134 Central Street Rutherfordton, NC 28139 SURVEYING, P.A. TRIPOD LAND Survey For: Legend 5/5-6/6/2014 DB - Deed Book EIP - Existing Iron Pipe EIR - Existing Iron Rod/Rebar IPS - Iron Pipe Set IRS - Iron Rod Set PB - Plat Book RW - Right of Way SR - State Road TL - Total Length - Utility Pole - Unmarked Point - Sanitary Sewer Manhole C-2183 SEAL U L-4299 concrete Johnson DB 849 Pg 892 Teasley DB 849 Pg 391 Williams DB 849 Pg 215 Norris DB 848 Pg 076 Johnson DB 1943 Pg 119 Henry DB 838 Pg 198 Monroe Alston DB 1384 Pg 973 Alston DB 1384 Pg 973 Harris DB 834 Pg 734 Teasley DB 845 Pg 743 Ramsey DB 1050 Pg 065 Richardson DB 878 Pg 486 Hernandez DB 1859 Pg 053 Jones DB 763 Pg 254 Peconic Properties, LLC DB 1930 Pg 327 1843-88-7962 Louisburg HMA, LLC DB 1711 Pg 765 Dale Place DB 1453 Pg 024 Medfield Prop. LLC DB 1712 Pg 237 0 160 320 480 Tri Doan DB 921 Pg 297 T&S DB 1894 Pg 515 1. THE CONTRACTOR IS ADVISED THAT THE SITE MAY CONTAIN ASBESTOS MATERIAL (ACM). WASTE EXCAVATION ACTIVITIES AND PREPARATION OF SUBGRADE SHALL BE OVERSEEN BY COMPETENT PERSONNEL. PERSONNEL WORKING ON THE GROUND IN THE EXCLUSION ZONE WHERE WASTE IS BEING EXCAVATED OR MOVED WILL HAVE THE POTENTIAL TO ENCOUNTER ACM AND THUS COULD BE EXPOSED TO AIRBORNE ASBESTOS FIBERS AND WILL REQUIRE THE APPROPRIATE PPE. THE CONTRACTOR SHALL SUBMIT AN ASBESTOS MANAGEMENT PLAN DETAILING PROTECTIVE MEASURES, MANAGEMENT PRACTICES AND HANDLING PROCEDURES. THE ASBESTOS MANAGEMENT PLAN WILL BE REVIEWED BY THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH HAZARDS CONTROL UNIT. 2. CONTRACTOR IS RESPONSIBLE FOR PROTECTING, MAINTAINING, AND RESTORING ALL SITE UTILITIES, PRESERVATION AREAS, AND FACILITY SERVICES WHERE APPLICABLE. 3. NO SMOKING IS ALLOWED ON THE JOB SITE. 4. THERE SHALL BE NO EXPOSED WASTE DURING NON-WORKING HOURS OR RUNOFF PRODUCING EVENTS. WASTE ON SITE DURING THESE TIMES MUST BE COVERED WITH TEMPORARY MEASURES. 5. RUBBER TIRES AND INTACT VEHICLES SHALL BE REMOVED DURING EXCAVATION, STOCKPILED SEPARATELY, AND DISPOSED OF IN ACCORDANCE WITH ALL FEDERAL, STATE AND LOCAL REQUIREMENTS. 6. CONTRACTOR IS RESPONSIBLE FOR THE SAFETY OF ALL EXCAVATION TRENCHES AND THE COMPLIANCE WITH O.S.H.A. REGULATIONS AND STANDARD. NO DISTURBED SLOPE MAY BE STEEPER THAN 2H:1V UNLESS OTHERWISE APPROVED BY THE ENGINEER. 7. ALL NECESSARY PERMITS SHALL BE OBTAINED BY THE CONTRACTOR PRIOR TO BEGINNING WORK. 8. ALL PERIMETER MEASURES SHALL BE INSTALLED PRIOR TO BEGINNING WORK. 9. CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR CONTACTING ALL APPROPRIATE UTILITIES AND ENSURING THAT UTILITIES ARE LOCATED PRIOR TO THE COMMENCEMENT OF ANY EXCAVATION ACTIVITY ACCORDING TO NC STATE LAW. 10. ALL MATERIAL EXCEPT THAT BELONGING TO A PUBLIC OR PRIVATE UTILITY COMPANY SHALL BECOME THE PROPERTY OF THE CONTRACTOR. THE CONTRACTOR SHALL NOTIFY THE APPROPRIATE UTILITY PROVIDER WHEN WATER, SEWER, GAS, POWER OR COMMUNICATION LINES AND/OR METERS ARE TO BE REMOVED OR RELOCATED. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DISCONNECTING ALL UTILITIES IN COMPLIANCE WITH FRANKLIN COUNTY, NC. AND UTILITY PROVIDER REQUIREMENTS. CONTRACTOR SHALL PROVIDE A MINIMUM OF 48 HOURS NOTICE TO APPROPRIATE UTILITY SERVICE PROVIDER PRIOR TO ANY INTERRUPTION OF AN EXISTING UTILITY. 11. CONSTRUCTION ENTRANCE, SILT FENCE AND SKIMMER BASIN SHALL BE IN PLACE IN ACCORDANCE WITH THE EROSION CONTROL PLANS PRIOR TO COMMENCEMENT OF WORK. 12. ALL MONITORING WELLS SHOWN SHALL BE PROPERLY ABANDONED PRIOR TO COMMENCEMENT OF WORK. 13. WHEN UNDERGROUND OBSTRUCTIONS NOT SHOWN ON THE CONSTRUCTION DRAWINGS (ROCK, PIPING, ETC.) ARE ENCOUNTERED, THE CONTRACTOR SHALL PROMPTLY REPORT THE CONFLICT TO THE ENGINEER. ALL CHANGES MUST BE APPROVED IN WRITING BY THE ENGINEER BEFORE CONSTRUCTION CAN PROCEED. 14. CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR REPAIR AND/OR REPLACEMENT OF ANY UTILITIES, STRUCTURES, ROADWAY, OR PRIVATE PROPERTY DAMAGED DURING CONSTRUCTION. 15. CLEARING AND GRUBBING SHALL BE PERFORMED WITHIN LIMITS SHOWN ON THE PLANS. ALL TREES 6" AND GREATER CUT DURING THE CLEARING OPERATIONS SHALL BECOME THE CONTRACTORS RESPONSIBILITY TO DISPOSE OF PROPERLY AT AN OFF-SITE LOCATION. ALL REMAINING BRUSH, TRIMMINGS AND STUMPS SHALL BE MULCHED AND STOCKPILED ON-SITE AS NECESSARY TO BE SPREAD OVER DISTURBED AREA AT END OF PROJECT. 16. UPON COMPLETION OF THE EXCAVATION BUT PRIOR TO THE PLACEMENT OF BRUSH MULCH AND SEEDING THE ENGINEER SHALL COLLECT CONFIRMATION SOIL SAMPLES AND COMPARE TO SITE SPECIFIC SRG LEVELS. SOILS WITH CONCENTRATIONS OF SITE SPECIFIC SRG SHALL BE EXCAVATED AND RE-SAMPLED. 17. CONTRACTOR SHALL PERFORM SELF INSPECTIONS FOR EROSION AND SEDIMENT CONTROL IN COMPLIANCE WITH NCDEQ-DEMLR BY USING THE DEMLR SELF INSPECTION FORM http://deq.nc.gov/about/divisions/energy-mineral-land-resources/erosion-sediment-control/forms 18. CONTRACTOR SHALL CONTACT DEMLR RALEIGH REGIONAL OFFICE AT LEAST 48 HOURS PRIOR TO COMMENCING LAND-DISTURBING ACTIVITY AT (919) 791-4200. 19. THE CONTRACTOR SHALL HAVE AVAILABLE AT ALL TIMES AN EMERGENCY CONTACT TO REPORT TO THE SITE WITHIN 2 HOURS WHO IS AUTHORIZED TO TAKE THE NECESSARY STEPS TO CORRECT UNSATISFACTORY CONDITIONS. THAT PERSON SHALL BE NAMED AND 24 HOUR CONTACT INFORMATION PROVIDED TO THE OWNER AND ENGINEER PRIOR TO ANY WORK PROCEEDING ON THE PROJECT. SUBMITTALS 1. SILT FENCE 2. RISER AND CONDUIT 3. RIP RAP 4. AGGREGATES 5. GEOTEXTILE FABRIC 6. SEED 7. MULCH SEQUENCE OF CONSTRUCTION 1. INSTALL THE CONSTRUCTION ENTRANCE. 2. PRIOR TO ANY LAND DISTURBING ACTIVITIES ALL EXPECTED LIMITS OF DISTURBANCE SHALL BE FLAGGED. 3. CONTRACTOR SHALL NOTIFY NCDEQ-DEMLR EROSION CONTROL INSPECTOR OF THE DATE LAND DISTURBING ACTIVITY WILL COMMENCE. 4. CLEAR ONLY THOSE AREAS NECESSARY TO INSTALL INITIAL E&S MEASURES (PERIMETER SILT FENCE BARRIER, SAFETY FENCE, TEMPORARY SKIMMER BASIN, AND DIVERSION DIKES) AND COMPLETE ALL EROSION CONTROL MEASURES PRIOR TO CLEARING/GRUBBING AND WASTE COLLECTION d/s/d/^͘ APPLY PERMANENT SEED TO THOSE AREAS WHERE E&S MEASURES WERE INSTALLED. 5. LOCATE AND PROPERLY ABANDON THE SIX MONITORING WELLS ON THE SITE USING A NORTH CAROLINA LICENSED WELL DRILLER, AND REMOVE ALL WELL MATERIALS FROM THE SITE. 6. HARVEST MATURE TREES LARGER THAN 6-INCHES IN DIAMETER, CUTTING AT THE BASE OF THE TREE AND LEAVING STUMPS IN PLACE SUCH THAT WASTE AND UNDERLYING SOILS ARE NOT /^dhZ͘ TRANSPORT THE MATURE TREES OFF-SITE FOR PROCESSING. 7. COLLECT THE REMAINING VEGETATION WITHIN DISTURBED AREAS FOR CHIPPING ON-SITE AND NEATLY STOCKPILE IN AN UPLAND Z͘ REMOVE STUMPS AND PROPERLY DISPOSE OF THOSE THAT ARE NOT SUITABLE FOR ,/WW/E'͘ NO BURNING OF STUMPS, VEGETATION, AND/OR WASTE IS ALLOWED. 8. DIVIDE THE WASTE DISPOSAL AREA INTO SMALLER MANAGEABLE WORK AREAS, WORKING FROM LOWER AREAS IN AN UPHILL &^,/KE͘ WORK SHALL SUBSEQUENTLY PROGRESS INTO HIGHER AREAS SUCH THAT EQUIPMENT DOES NOT TRACK OVER COMPLETED AND SEEDED AREAS 9. COLLECT LARGE METAL OBJECTS, SUCH AS TRACTOR FRAMES AND WHITE GOODS, AND SEGREGATE FOR THE PURPOSE OF Zz>/E'͘ COLLECT AND SEGREGATE TIRES AND DISPOSE OF AT AN APPROPRIATE &/>/dz͘ USE OF SEPARATE ROLL-OFF DUMPSTERS TO COLLECT METALS AND TIRES IS RECOMMENDED. 10. COLLECT OTHER DEBRIS AND GENERAL WASTE AND TRANSPORT TO A PERMITTED LANDFILL &/>/dz͘ ANY WASTE MATERIAL THAT IS COLLECTED EACH WORKDAY THAT CANNOT BE DELIVERED TO THE LANDFILL MAY BE STOCKPILED WITHIN THE PERIMETER OF THE IDENTIFIED WASTE AREA FOR REMOVAL THE NEXT DAY. ANY EXPOSED AND DISTURBED WASTE SHALL BE COVERED AT THE END OF EACH WORK DAY AND PRIOR TO ANY STORMWATER RUNOFF PRODUCING EVENT. 11. DURING WASTE COLLECTION ACTIVITIES, SEGREGATE AND STOCKPILE ANY SOIL ENCOUNTERED THAT CAN BE CONFIRMED TO BE FREE OF t^d͘ THIS MATERIAL SHALL BE RE-USED DURING RE-GRADING AND SITE STABILIZATION ACTIVITIES. 12. SEGREGATE POTENTIAL SUSPECT ASBESTOS-CONTAINING MATERIALS (ACMS), AND DISPOSED OF AS APPROPRIATE IN ACCORDANCE WITH THE APPROVED ACM DE'DEdW>E͘ 13. CONFIRMATION SOIL SAMPLES WILL BE COLLECTED BY THE ENGINEER WHEN EXCAVATION OF THE SURFICIAL WASTE IS COMPLETE IN EACH WORK Z͘ CONDUCT ADDITIONAL EXCAVATION AS DIRECTED IN AREAS WITH DETECTIONS OF COMPOUNDS ABOVE THE SITE SPECIFIC SRG CONCENTRATIONS AND DISPOSE OF AT AN APPROPRIATE PERMITTED FACILITY, AND CONTINUE UNTIL LABORATORY ANALYSIS INDICATES CONDITIONS ARE BELOW THE SITE SPECIFIC SRG. 14. SUBSEQUENT TO CONFIRMATION OF WASTE REMOVAL IN EACH AREA, RE-GRADE THE SUBGRADE AND BLEND TO MIRROR THE EXISTING TOPOGRAPHY AS INDICATED IN THE PROPOSED SITE W>E͘ CUT AND FILL IRREGULAR AREAS (INCLUDING BUT NOT LIMITED TO STUMP HOLES AND PREVIOUS AREAS OF EXCAVATED WASTE) AS NECESSARY TO ACHIEVE POSITIVE DRAINAGE AND MAINTAIN STABLE SLOPE CONDITIONS WITH NO GRADES EXCEEDING 5H:1V. 15. SCARIFY SURFACE APPROXIMATELY 6 INCHES IN PREPARATION OF SOIL AMENDMENTS AND STABILIZATION. AMEND SOIL WITH LIME AND FERTILIZER AS NEEDED PER SOIL NUTRIENT ANALYSIS. 16. PERMANENTLY STABILIZE DISTURBED WORK AREAS WITHIN 7 DAYS OF COMPLETION OF FINAL GRADING ACTIVITIES TO ESTABLISH THE PERMANENT VEGETATIVE COVER. APPLY WOOD CHIPS AND COVER SEEDED AREA APPROXIMATELY 1 INCH IN THICKNESS. 17. REPEAT THE SEQUENCE ABOVE IN MANAGEABLE WORK AREAS UNTIL THE WASTE DISPOSAL AREAS ARE VERIFIED TO BE CLEARED, TESTED, FREE OF WASTE, AND PERMANENTLY SEEDED AND MULCHED. 18. CONTRACTOR SHALL DE-WATER THE SKIMMER BASIN BY PUMPING INTO AN APPROVED SILT BAG. 19. AFTER PERMANENT VEGETATIVE COVER OF DISTURBED AREAS IS ESTABLISHED, REMOVE THE TEMPORARY EROSION CONTROL MEASURES. REMOVE DIVERSION DIKES AND THE SKIMMER BASIN BY DEPOSITING THE SOILS USED TO CONSTRUCT THOSE FEATURES INTO THE DIKE(S) OR BASIN INTERIOR AND GRADE TO Z/E͘ WZDEEd>z^EDh>,d,K^Z^͘ 20. MAINTAIN SEEDED AREAS UNTIL ADEQUATE GRASS COVER IS ESTABLISHED AND FINAL STABILIZATION IS APPROVED. 21. DEMOBILIZE FROM SITE AND REMOVE ALL EQUIPMENT, MATERIALS, TRASH, ETC. JH Winston Landfill Cleanup Disposal Area Total Area Conc. waste General Conc. waste Piles Total (sf)(sf)@6" (cy) (cy) (cy) (cy) North 260395.0 28652.0 4291.5 776.2 118.0 5185.7 South 143965.0 44428.0 1843.3 999.5 10.0 2852.8 Grand Total: 8038.5 North Area Concrentrated Waste Location Notes Area sf Avg. Depth ft Est. Vol. cy N1 MSW/tires 1586 0.50 29.4 N2 MSW/bricks/tires 1164 0.50 21.6 N3 MSW 471 1.00 17.4 N4 MSW/roofing 585 0.75 16.3 N5 With N6 - MSW/tires/9693 0.75 269.3 N6 white goods/masonry/roofing/metal/drums 3437 0.75 95.5 N7 Bricks 5645 0.50 104.5 N8 MSW/masonry/tires/white goods 2350 1.00 87.0 N9 Constr debris/metal/drums 872 2.00 64.6 N10 MSW 2849 0.67 70.7 Subtotal 28652 776.2 North Area Piles NP1 Masonry Debris 10.0 NP2 Shingles 2.0 NP3 With NP4 NP4 Roofing Materials 2.0 NP5 Shingles 20.0 NP6 Masonry Debris NP7 Mortar bricks 10.0 NP8 Shingles 2.0 NP9 Sheetmetal 10.0 NP10 Shingles 10.0 NP11 Bricks, mortar 10.0 NP12 Bricks, masonry 10.0 NP13 Masonry Debris 2.0 NP14 Mortar/asphalt 10.0 NP15 Bricks, mortar 10.0 NP16 Asphalt /metal 10.00 Subtotal 118.00 South Area Concentrated Waste S1 MSW 940 0.50 17.4 S2 MSW 1945 0.25 18.0 S3 MSW 2295 0.50 42.5 S4 MSW/tires/Drums/metal/white goods/shingles 4738 0.75 131.6 S5 MSW - S6 - S7 MSW/tires/metal/plastic 21252 0.67 527.4 S8 Metal/glass 2717 0.67 67.4 S9 Metal/Glass 2620 0.50 48.5 S10 Metal/glass/tires 740 0.50 13.7 S11 Metal/glass /tires 6363 0.50 117.8 S12 tires/glass/plastic 818 0.50 15.1 Subtotal 44428 999.5 South Area Piles SP1 Shingles/tarpaper Subtotal 10.00 10.00 South Area Vehicle SCAR Metal Vehicle Chassis 1.0 GENERAL NOTES LANDFILL CLEANUP TABLE concreteSANITAR Y S E W E R E A S E M E N T LONG M I L L R D ( S R 1 1 3 4 ) 1 2 3 4 5 6 7 8 9 A B C D E F G H J K L M N P Q R S T U 10 np9np10np8np2np6np7np4np3np11np13np12np14np15sp1s carMay, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date (c) COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton May 02, 2018 - 3:17pm - C:\Users\KHylton\appdata\local\temp\AcPublish_5484\66U-0089-001 JH Winston Landfill C3D.dwgSite Plan 2.0 NA KHH DAK 3 of 6(1 ft contours) Scale: 1" = 80' EXISTING CONDITIONS1 0 80'160' N APPROXIMATE LIMITS OF 6" NORTHERN WASTE DISPOSAL APPROXIMATE LIMITS OF 6" SOUTHERN WASTE DISPOSAL AREAS OF CONCENTRATED WASTE (TYP) SURVEY AND OTHER SITE INFORMATION PROVIDED BY TRIPOD LAND SURVEYING P.A. 1. CONTRACTOR SHALL REMOVE ALL MONITORING WELLS AND OTHER STRUCTURES. 2. UPON COMPLETION OF PROJECT AND SITE HAS BEEN STABILIZED THE SKIMMER BASIN SHALL BE REMOVED AND THE AREA GRADED BACK TO ORIGINAL CONDITIONS. THE AREA SHALL BE SEEDED AND STABILIZED WITH MULCH. 3. NP AND SP POINTS ARE SPECIFIC PILES OF WASTE TO BE REMOVED. SEE TABLE ON SHEET 1.0 EXISTING TREE LINE EXISTING TREE LINE EXISTING TREE LINE EXISTING TREE LINE GRID IS LAID OUT WITH 100 FT SPACING EACH DIRECTION GRID ORIGIN IS CORNER PIN OF PROPERTY ENTIRE GRID IS ALIGNED WITH THIS PROPERTY LINE ISOLATED CONCENTRATED WASTE DEPOSITS SHALL BE REMOVED AND EXCAVATED UNTIL DEEMED CLEAN BY ENGINEER EDGE OF WATER (E) TREE LINE (P) TREE LINE (E) MAJOR TOPO (E) MINOR TOPO (P) MAJOR TOPO (P) MINOR TOPO WETLAND APPROX. LIMIT OF WASTE 6" DEEP APPROX. LIMIT OF CONCENTRATED WASTE AREAS EXISTING ROUGH CLEARED PATH LEGEND (E) = EXISTING, (P) = PROPOSED (PF) = PERFORATED, (S) = SOLIDCONCRETE STRUCTURE SHALL BE DEMOLISHED AND REMOVED. GRADE EVEN WITH SURROUNDING AREA TO ACHIEVE POSITIVE DRAINAGE. SEE NOTE 2 BRUSH AND DEBRIS SHALL BE CLEARED ASIDE/STOCKPILED AS NEEDED TO ALLOW FOR ACCESS TO WASTE DISPOSAL AREAS. BRUSH AND DEBRIS MAY REMAIN ON-SITE OR BE DISPOSED OF PROPERLY. N-1 N-2 N-3 N-10 N-6 N-5 N-4 N-7 N-8 N-9 S-5 S-1 S-6 S-2 S-9 S-8 S-3 S-12 S-4 S-11 S-7 S-10 ALL MONITORING WELLS SHALL BE ADEQUATELY ABANDONED SEE NOTE 3 SEE NOTE 3 CAR CHASSIS TO BE REMOVED NO DISTURBANCE TO WETLAND AREAS IS PERMITTED concrete470465460455486485480475475470465460455450450445440 435440445450460465470475460445440450 470 480 XXXXX X X X X X X X X X X X X X X X X X XXXXXXX449.5 449.5 440.5 442 440.5 SANITAR Y S E W E R E A S E M E N T LONG M I L L R D ( S R 1 1 3 4 )np9np10np8np2np6np7np4np3np11np13np12np14np15sp1s carSAFSAFSAFSAFSAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF SAF May, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date (c) COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton May 02, 2018 - 3:18pm - C:\Users\KHylton\appdata\local\temp\AcPublish_5484\66U-0089-001 JH Winston Landfill C3D.dwgErosion & Sediment Control Plan 3.0 NA KHH DAK 4 of 6(1 ft contours) Scale: 1" = 80' EXISTING CONDITIONS1 0 80'160' SKIMMER BASIN BAFFLE BAFFLE SHALL BE OF SUFFICIENT LENGTH TO PROVIDE A MINIMUM FLOW PATH OF 230 FT FROM NEAREST INLET POINT 1. SEE SHEETS 3.1 & 3.2 FOR E&S DETAILS 2. CONTRACTOR SHALL EXERCISE CARE IN ALL TREE CLEARING EFFORTS TO MINIMIZE CLEARING TO ONLY TREES REQUIRED TO PERFORM WORK AND SATISFY DESIGN SPECIFICATIONS. 3. THERE ARE NO RESOURCE PROTECTION AREAS MAPPED ON THIS SITE. 4. PRIOR TO ANY LAND DISTURBING ACTIVITIES THE LIMITS OF DISTURBANCE SHALL BE FLAGGED. 5. CONTRACTOR SHALL NOTIFY NCDEQ-DEMLR EROSION CONTROL INSPECTOR OF THE EXPECTED DATE(S) OF LAND DISTURBING ACTIVITY. SECURITY FENCE (E) TREE LINE SILT FENCE DIVERSION (E) MAJOR TOPO (E) MINOR TOPO PROPERTY LINE SOIL MAP LIMITS LEGEND (E) = EXISTING, (P) = PROPOSED WASTE AREAS 9.3 ACRES DISTURBED AREA 21.0 ACRES BASIN DRAINAGE 21.9 ACRESOUTLET OF BASIN SHALL BE A MINIMUM OF 50 FT FROM FIELD LOCATED STREAM ORIGIN CONSTRUCTION SITE ACCESS (PROVIDE MIN 6" STONE COVER AS REQUIRED) SILT FENCE ALONG SECURITY FENCE AND PROPERTY LINE SITE ACCESSPROVIDE ADEQUATE TURN AROUND SPACE FOR CONSTRUCTION VEHICLES PROVIDE PARKING SPACES AS NECESSARY FOR WORKERS AND SUBCONTRACTORS N WOOD AND CHIPPINGSTOCK PILETOPSO I L STOCK P I L E SOILSTOCK P I L E VEGET A T I V E DEBRIS S T O C K P I L E LIMIT OF DISTURBANCE 21.0 ACRES SECURITY FENCE WITH LOCKABLE GATE CONSTRUCTION ENTRANCE SILT FENCE DIVERSION DIKE PERMANENT SEEDING MULCH SURFACE ROUGHENING SKIMMER BASIN SAFETY FENCE DEWATERING BAG SILT FENCE OUTLET EXISTING 15" CULVERT SHALL BE REMOVED AT COMPLETION OF PROJECT AND THE DITCH RESHAPED AND SEEDED 50 FT RIPARIAN BUFFER ZONE INTERMITTENT STREAM ORIGIN STREAM CONTINUES CONSTRUCTION ENTRANCE (SEE DETAIL SHEET 3.1) NO DISTURBANCE TO WETLAND AREAS IS PERMITTED PROVIDE "TRUCKS ENTERING HIGHWAY" SIGN 350 FT FROM ENTRANCE 350 FT350 FT "TRUCK S E N T E R I N G HIGHW A Y " S I G N May, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date (c) COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton May 02, 2018 - 3:18pm - C:\Users\KHylton\appdata\local\temp\AcPublish_5484\66U-0089-001 JH Winston Landfill C3D.dwgErosion & Sediment Control Details (1 of 2) 3.1 NA KHH DAK 5 of 6 SHEET FLOW INSTALLATION (PERSPECTIVE VIEW) CONSTRUCTION OF A SILT FENCE (WITH AND WITHOUT WIRE SUPPORT) POINTS A SHOULD BE HIGHER THAN POINT B. DRAINAGEWAY INSTALLATION(FRONT ELEVATION) A B FLOW A3'MAX. FILTER CLOTH 25' MIN. FILTER CLOTH 75' MIN. EXISTINGPAVEMENT A EXISTING PAVEMENT STONE CONSTRUCTION ENTRANCE SECTION A-A PLAN VIEW 3" MIN. 3" MIN. * MUST EXTEND FULL WIDTH OF INGRESS AND EGRESS OPERATION 75' MIN. 8" MIN. A SIDE ELEVATION * 25' MIN. EXTENSION OF FABRIC INTO THE TRENCH. FILTER FABRIC FLOW 4" FLOW 3. BACKFILL AND COMPACT THE EXCAVATED SOIL. 1. SET STEEL POSTS AND EXCAVATE A 4" WIDE x 8" DEEP TRENCH UPSLOPE ALONG THE LINE OF POSTS. 2. ATTACH FILTER MATERIAL TO POSTS (WITHOUT WIRE SUPPORT), TO WIRE FENCE (WITH WIRE SUPPORT) AND EXTEND IT INTO THE TRENCH. CE SF FLOW ES-1: UNLESS OTHERWISE INDICATED, ALL VEGETATIVE AND STRUCTURAL EROSION AND SEDIMENT CONTROL PRACTICES SHALL BE CONSTRUCTED AND MAINTAINED ACCORDING TO MINIMUM STANDARDS AND SPECIFICATIONS OF THE NORTH CAROLINA EROSION & SEDIMENT CONTROL PLANNING AND DESIGN MANUAL 2013. ES-2: THE LOCAL AUTHORITY HAVING JURISDICTION SHALL BE NOTIFIED OF THE PRE-CONSTRUCTION CONFERENCE. LOCAL AUTHORITIES HAVING JURISDICTION WILL MAKE A CONTINUING REVIEW AND EFFECTIVENESS OF THE METHODS AND EFFECTIVENESS OF THE EROSION CONTROL PLAN. ES-3: ALL EROSION AND SEDIMENT CONTROL MEASURES SHALL BE PLACED PRIOR TO CLEARING, GRADING, OR LAND DISTURBANCE. ES-4: ALL EXISTING EROSION CONTROL MEASURES WHICH SERVE THIS SITE SHALL REMAIN IN PLACE AND SHALL BE MAINTAINED UNTIL THE AREAS THEY SERVE HAVE BEEN STABILIZED. ES-5: ALL STREETS AND ROADWAYS SHALL BE MAINTAINED FREE OF MUD AND DIRT, AND CONTROL DUST AS NECESSARY. ES-6: A COPY OF THE APPROVED EROSION AND SEDIMENT CONTROL PLAN SHALL BE MAINTAINED ON THE SITE AT ALL TIMES. ES-7: PROVIDE ADDITIONAL EROSION CONTROL MEASURES NECESSARY TO PREVENT EROSION AND SEDIMENTATION AS DETERMINED BY THE LOCAL AUTHORITY HAVING JURISDICTION. ES-8: ALL DISTURBED AREAS SHALL DRAIN TO APPROVED SEDIMENT CONTROL MEASURES AT ALL TIMES DURING LAND-DISTURBING ACTIVITIES AND DURING SITE DEVELOPMENT. ES-9: DURING DE-WATERING OPERATIONS, WATER SHALL BE PUMPED INTO AN APPROVED FILTERING DEVICE. ES-10: INSPECT ALL EROSION CONTROL MEASURES DAILY AND AFTER EACH RUNOFF PRODUCING RAINFALL EVENT. ANY NECESSARY REPAIRS OR CLEANUP TO MAINTAIN THE EFFECTIVENESS OF THE EROSION CONTROL DEVICES SHALL BE MADE IMMEDIATELY. ES-11: THE CONTRACTOR SHALL INSTALL ALL EROSION AND SEDIMENT CONTROL MEASURES IN ACCORDANCE WITH THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL PLANNING AND DESIGN MANUAL. MAINTENANCE ALL EROSION AND SEDIMENT CONTROL MEASURES SHALL BE CHECKED DAILY AND AFTER EACH RUN OFF PRODUCING RAINFALL. THE FOLLOWING ITEMS SHALL BE CHECKED IN PARTICULAR: A. THE ENTRANCE SHALL BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR FLOW OF MUD ONTO PUBLIC RIGHTS-OF-WAY. THIS MAY REQUIRE PERIODIC TOP DRESSING WITH ADDITIONAL STONE OR THE WASHING AND REWORKING OF EXISTING STONE AS CONDITIONS DEMAND AND REPAIR AND/OR CLEANOUT OF ANY STRUCTURES USED TO TRAP SEDIMENT. ALL MATERIALS SPILLED, DROPPED, WASHED, OR TRACKED FROM VEHICLES ONTO ROADWAYS OR INTO STORM DRAINS MUST BE REMOVED IMMEDIATELY. THE USE OF WATER TRUCKS TO REMOVE MATERIAL DROPPED, WASHED, OR TRACKED ONTO ROADWAYS WILL NOT BE PERMITTED UNDER ANY CIRCUMSTANCES. B. THE SILT FENCE BARRIER SHALL BE CHECKED FOR UNDERMINING OR DETERIORATION OF THE FABRIC. SEDIMENT SHALL BE REMOVED WHEN THE LEVEL OF SEDIMENT DEPOSITION REACHES HALF WAY TO THE TOP OF THE BARRIER. ALL DAMAGES SHALL BE REPAIRED IMMEDIATELY. C. SEEDED AREAS SHALL BE CHECKED TO ENSURE THAT A GOOD STAND IS MAINTAINED. AREAS SHALL BE FERTILIZED AND RESEEDED AS NEEDED. D. ALL MULCHES AND SOIL COVERINGS SHOULD BE INSPECTED PERIODICALLY TO CHECK FOR EROSION. WHERE EROSION IS OBSERVED IN MULCHED AREAS, ADDITIONAL MULCH SHOULD BE APPLIED. NETS AND MATS SHOULD BE INSPECTED AFTER RAINSTORMS FOR DISLOCATION OR FAILURE. IF WASHOUTS OR BREAKAGE OCCUR, RE-INSTALL NETTING OR MATTING AFTER REPAIRING DAMAGE TO SLOPE OR DITCH. INSPECTIONS SHOULD TAKE PLACE UP UNTIL GRASSES ARE FIRMLY ESTABLISHED E. BEFORE THE SKIMMER BASIN CAN BE DEMOLISHED THE REMAINING CONTENTS SHALL BE PUMPED OUT INTO AN APPROPRIATE SILT BAG TO REMOVE ANY REMAINING SEDIMENT. ONCE BASIN IS FREE OF SEDIMENT IT CAN BE DEMOLISHED AND THE SITE GRADED BACK TO APPROXIMATE EXISTING CONDITIONS. THE DENUDED AREA SHALL BE SEEDED AND MULCHED. THE SILT FENCE SHALL THEN BE EXTENDED ACROSS THE OPENING LEFT FOR THE BASIN OUTLET. THE SITE SHALL BE MONITORED UNTIL STABLE AT WHICH POINT THE SILT FENCE SHALL BE REMOVED. TYPICAL TRAPEZOIDAL DIVERSION 18" 18" 10% SETTLEMENT DIVERSION DIKEDD GROOVING IS CUTTING FURROWS ALONG THE CONTOUR OF A SLOPE. IRREGULARITIES IN THE SOIL SURFACE CATCH RAINWATER AND PROVIDE SOME COVERAGE OF LIME, FERTILIZER AND SEED. WATER, SOIL AND FERTILIZER ARE HELD BY STEPS - PLANTS CAN BECOME ESTABLISHED ON THE STEPS. DEBRIS FROM SLOPE ABOVE IS CAUGHT BY STEPS DOZER TREADS CREATE GROOVES PERPENDICULAR TO THE SLOPE. EACH LIFT OF THE FILL IS COMPACTED, BUT THE OUTER FACE OF THE SLOPE IS ALLOWED TO REMAIN LOOSE SO THAT THE ROCKS, CLODS, ETC. REACH THE NATURAL ANGLE OF REPOSE. SURFACE ROUGHENINGSR NCDOT NO. 2 WASHED STONE MIN 8" THICK W/ 8 OZ/SY UNDERLYING FILTER FABRIC SAFETY FENCESAF THE PURPOSE OF A DEWATERING BAG IS TO COLLECT SEDIMENT CONTAINED IN THEDISCHARGED WATER, TO PREVENT THE SCOUR AND EROSION FROM WATER EXITING APIPE AT HIGH VELOCITY, TO DEFUSE THE WATER OVER A WIDER AREA TO MINIMIZEEROSION AS THE WATER DRAINS AWAY, AND TO RETAIN OIL CONTAINED WITHINEFFLUENT. INSTALLATION AND USE: 1. PLACE DEWATERING BAG ON THE GROUND OR ON A TRAILER OVER A RELATIVELYLEVEL, STABILIZED AREA.2. REPLACE DEWATERING BAG WHEN HALF FULL OF SEDIMENT OR WHEN THESEDIMENT HAS REDUCED THE FLOW RATE OF THE PUMP DISCHARGE TO ANIMPRACTICAL AMOUNT. MAINTENANCE AND DISPOSAL: 1. REMOVE AND DISPOSE OF ACCUMULATED SEDIMENT AWAY FROM WATERWAYSOR ENVIRONMENTALLY SENSITIVE AREAS. SLIT OPEN DEWATERING BAG ANDREMOVE ACCUMULATED SEDIMENT. DISPOSE OF BAG AT AN APPROPRIATERECYCLING OR SOLID WASTE FACILITY. WATER INSERT DISCHARGE HOSE 5ft. IN BAG DEWATERING BAG PUMP SUCTION HOSE DISCHARGEHOSE WRAPROPE 6TIMES DEWATERING BAGDB FRONT VIEW HARDWARE CLOTH FILTER OF #57 WASHED STONE BURY WIRE FENCE, FILTER FABRIC, AND HARDWARE CLOTH IN TRENCH. SILT FENCE4' MIN SECTION VIEW TOP OF SILT FENCE MUST BE AT LEAST 1' ABOVE THE TOP OF THE WASHED STONE. NOTES: 1. REMOVE SEDIMENT WHEN HALF OF STONE OUTLET IS COVERED. 2. REPLACE STONE AS NEEDED TO ENSURE DEWATERING. STEEL POST WOVEN WIRE FABRIC 3' FILTER FABRIC APRON ON GROUND BURY 6" UPPER EDGE OF FILTER FABRIC APRON IN TRENCH 2:1 16"MIN BURY WIRE FENCE AND HARDWARE CLOTH 6" 4" STEEL POST SET MAX 2' APART MIN 2' INTO SOLID GROUND SILT FENCE OUTLET 20' STONE ACCESS EXISTING CULVERT 20' STONE ACCESS EXISTING CULVERT EXISTING GROUND NCDOT CRUSHER RUN STONE MIN 6" THICK 8" a)TEMPORARY SEEDING i) TEMPORARY SEED SHALL BE GERMAN MILLET APPLIED AT 40 LBS/AC TO ALL AREAS THAT THAT WILL NOT BE BROUGHT TO FINAL GRADE FOR A PERIOD OF MORE THAN 21 CALENDAR DAYS. ii) IF A NORTH CAROLINA DEPARTMENT OF AGRICULTURE SOILS TEST IS NOT YET AVAILABLE APPLY LIME AT 1 TO 1.5 TONS PER ACRE. iii)WHEN SOIL TESTS ARE NOT AVAILABLE, APPLY A 10-10-10 GRADE FERTILIZER AT 700-1,000 LB/ACRE. iv)INCORPORATE LIME AND FERTILIZER INTO SOIL 4-6 INCHES DEEP INTO THE SOIL. b)PERMANENT SEEDING i) REMOVE ALL ROOTS, LIMBS, ROCKS GREATER THAN 6-INCHES, AND OTHER DELETERIOUS MATERIALS FROM THE SEEDBED. REMOVED MATERIALS MAY BE DISPOSED OF ON-SITE IN ACCORDANCE WITH THE PROJECT REQUIREMENTS OR REMOVED FROM THE PROJECT SITE. ii) OBTAIN A NORTH CAROLINA DEPARTMENT OF AGRICULTURE SOILS TEST FOR ALL AREAS TO BE SEEDED, SPRIGGED, SODDED OR PLANTED. RECOMMENDED FERTILIZER AND PH ADJUSTING PRODUCTS SHALL BE INCORPORATED INTO THE PREPARED AREAS AND BACKFILL MATERIAL PER THE TEST. iii)ROUGHEN SURFACE AND / OR TRACK SEED BED PRIOR TO SEEDING. iv)SEEDING MIX, APPLICATION RATE, AND PLANTING TIMES SHALL COMPLY WITH THE NC EROSION AND SEDIMENT CONTROL PLANNING AND DESIGN MANUAL REQUIREMENTS. (1)SEED MIX REQUIRES BOTH NURSE CROP AND PRIMARY STABILIZATION SPECIES. (a)NURSE CROP SPECIES: (i) GERMAN MILLET 10 LB/AC KOREAN LESPEDEZA 10 LB/AC (b)PRIMARY STABILIZATION SPECIES (i) (ii)BERMUDA 50 LBS/AC (iii) DEER TONGUE 10 LBS/AC (iv) BROWNTOP MILLET 20 LB/AC (v)KOBE LESPEDEZA 20 LB/AC (2)NO INVASIVE SPECIES ARE PERMITTED. v) ALL SEED SHALL BE CERTIFIED IN CONFORMANCE WITH CURRENT RULES AND REGULATIONS OF NORTH CAROLINA AND SHALL BE THE LATEST CROP AVAILABLE. SEED SHALL ZEK&&//>͞Zd/&/^͟>>͘ vi)HYDROSEED SLURRY SHALL INCLUDE (1)FERTILIZER: (a)AS DETERMINED FROM THE SOIL SAMPLE ANALYSIS. (i) AS AN INITIAL TREATMENT APPLY A STARTER TYPE FERTILIZER (ONE THAT IS HIGH IN PHOSPHORUS) BASED ON THE TYPE OF GRASS AND PLANTING METHOD. APPLY 40 POUNDS OF 5-10-10, 20 POUNDS OF 10-20-20, OR 16 POUNDS OF 18-24-6 PER 1,000 SQ. FT. AREA. RECHECK SOIL NEEDS AS NECESSARY. (2)LIME: (a)AS DETERMINED FROM THE SOIL SAMPLE ANALYSIS. ADD LIME AS NECESSARY FOR A TARGET PH OF 6.5 - 7.0 (SLIGHTLY ACIDIC TO NEUTRAL). (b)AS AN INITIAL TREATMENT APPLY 75 POUNDS OF GROUND LIMESTONE PER 1,000 SQ. FT. AND CHECK PH. (3)FIBER MULCH COMMONLY USED IN HYDROSEEDING APPLICATIONS AT A MINIMUM OF 0.75 TONS PER ACRE. (4)GUAR BASED TACKIFIERS AT A RATE APPROPRIATE FOR THE SLOPE AND WATERING CONDITIONS EXPECTED AT THE TIME OF APPLICATION. (5)INSTALL HYDROSEED OVER ALL DISTURBED AREAS. GENERAL EROSION AND SEDIMENT CONTROL NOTES SEEDING 420 430 440 450 460 470 420 430 440 450 460 470 0+00 1+00 2+00 3+00 4+00 4+26 TOP OF BASIN EMBANKMENT ELEV. 451.0 CLASS I RIPRAP OUTLET ϰϮΗTZ/^Z^dZhdhZϯϬΗTKEh/d NORMAL POOL TOP OF RISER ELEV. 448.0 EXCAVATE MATERIAL FROM BOTTOM OF BASIN TO CONSTRUCT EMBANKMENT EXISTING GRADE PROVIDE ADEQUATE BALLAST TO COUNTER BUOYANCY OF RISER 100' MIN @ 1%100' MIN @ 4% TO DAYLIGHT CUT-OFF TRENCH 2 FT DEPTH MIN. ANTI-SEEP COLLAR 430 440 450 460 470 430 440 450 460 470 0+00 1+00 2+00 3+00 3+64 TOP OF BASIN EMBANKMENT ELEV. 451.0 DIVERSION DIKE BEYOND SHALL TIE INTO BASIN EMBANKMENT (TOP OF DIKE AT ELEV 451.0 MIN) TOP OF RISER/NORMAL POOL ELEV. 448.0 ϰϮΗTZ/^Z^dZhdhZ AUXILIARY SPILLWAY 12 FT WIDE x 1 FT DEEP (MIN) EXISTING GRADE MAX DESIGN POOL ELEV. 450.0 CUT-OFF TRENCH 2 FT DEPTH MIN. CUT-OFF TRENCH EXTENDS THROUGH EMBANKMENT TO ELEV 448.0 AT EACH END 440XXX X XX449.5449.5440.5442440.5May, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date (c) COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton May 02, 2018 - 3:19pm - C:\Users\KHylton\appdata\local\temp\AcPublish_5484\66U-0089-001 JH Winston Landfill C3D.dwgErosion & Sediment Control Details (2 of 2) 3.2 NA KHH DAK 6 of 6(1 ft contours) Scale: 1" = 30' SKIMMER BASIN1 0 30'60' 2 5.1 Horizontal Scale: 1" = 30' Vertical Scale: 1" = 10' SKIMMER BASIN3 0 30'60'0 10'20' Horizontal Scale: 1" = 30' Vertical Scale: 1" = 10' SKIMMER BASIN2 0 30'60'0 10'20' 3 5.1 CLASS I RIPRAP OUTLET APRON 24 FT LONG x 27 FT WIDE AT END AUXILIARY SPILLWAY CONTROL SECTION AT 449.5 SILT FENCE DIVERSION DIKE SOLID BAFFLE 42" RISER SILT FENCE DIVERSION DIKE TOP OF DIKE AT ELEV. 451.0 MIN DIVERSION DIKE JOINS WITH TOP OF BASIN EMBANKMENT STOP TOP OF BASIN EMBANKMENT SHORT TO ALLOW DRAINAGE FROM DIKE TO ENTER BASIN AT ELEV. 448.0 230 FT FLOW PATH MIN 30" CONDUIT STANDARD SKIMMER CONSTRUCTION BASIN BOTTOM WATER SURFACE NOTES: ORIFICE DIAMETER MUST BE EQUAL TO OR LESS THAN ARM DIAMETER A ROPE SHALL BE ATTACHED TO THE SKIMMER ARM TO FACILITATE ACCESS TO THE SKIMMER ONCE INSTALLED. SKIMMER SHALL BE INSPECTED WEEKLY AND AFTER EACH RUNOFF EVENT. ANY MALFUNCTIONING SKIMMER SHALL BE REPAIRED OR REPLACED WITHIN 24 HOURS OF INSPECTION. ICE OR SEDIMENT BUILDUP AROUND THE PRINCIPAL SPILLWAY SHALL BE REMOVED SO AS TO ALLOW THE SKIMMER TO RESPOND TO FLUCTUATING WATER ELEVATIONS. SEDIMENT SHALL BE REMOVED FROM THE BASIN WHEN IT REACHES THE LEVEL MARKED ON THE SEDIMENT CLEAN-OUT STAKE OR THE TOP OF THE LANDING DEVICE. A SEMI-CIRCULAR LANDING ZONE MAY BE SUBSTITUTED FOR THE GUIDE RAILS ALL ORIFICES ON RISER BELOW TEMPORARY RISER EXTENSION SHALL HAVE WATER-TIGHT TEMPORARY SEALS PROVIDED. TEMPORARY STUB INVERT ELEVATION SHALL BE SET AT OR BELOW SEDIMENT CLEAN-OUT ELEVATION. SKIMMER ATTACHED TO PERMANENT RISER SECTION VIEW ARM ASSEMBLY GUIDE RAILS PVC VENT PIPEPVC ELBOW SCH 40 PVC PIPE ORIFICE PLATE T SCH 40 PVC PIPE FLEXIBLE HOSE PVC END CAP PVC VENT PIPE 'C' ENCLOSURE PERSPECTIVE VIEW FRONT VIEWEND VIEW SEDIMENT STORAGE ELEVATION 4'x4' CLASS B RIPRAP PAD CLEAN-OUT ELEVATION WATER SURFACE ELEVATION (WSE) AT TOP OF DEWATERING ZONE PVC VENT PIPE TRASH RACK FLEXIBLE HOSE SECURELY CLAMPED TO TEMPORARY STUB TEMP. STUB BARREL WATER TIGHT SEALS ALL JOINTS SKIMMER ARM (DEWATERING TUBE) WATER ENTRY UNIT ARM L ENG TH STRUCTURE CREST ELEVATION TEMP RISER STUB INLET BARREL INLET TEMPORARY SKIMMER BASINSB POROUS BAFFLE PROPOSED CONTOURS MAY VARY CONTRACTOR SHALL EXCAVATE MATERIAL AS NEEDED TO CONSTRUCT SKIMMER BASIN EMBANKMENT END OF OUTLET PIPE N: 838054.0 E: 2148812.0 APPROX. LOCATION OF BEGINNING OF STREAM N: 837944.5 E: 2148931.7 2 5.1 STAKE FOR SUPPORT WIRE SUPPORT ROPE OR WIRE TO PREVENT SAGGING 4'MAX 1.25 LB/FT STEEL SUPPORT POST 24" INTO BOTTOM OR SIDES SLOPES COIR-BASED MATERIALS OR TRMs, TRENCHED INTO BOTTOM AND SIDE SLOPES FLAT-BOTTOM TRENCH DETAIL V-SHAPED TRENCH DETAIL BAFFLE MATERIAL BAFFLE MATERIAL BAFFLE MATERIAL BAFFLE MATERIAL CROSS SECTION VIEW PERSPECTIVE VIEW BOTTOM OF SKIMMER BASIN OR TRAP SIDE SLOPES OF SKIMMER BASIN OR TRAP POROUS BAFFLE ROW 10' MIN.CONCENTRATED INFLOW NON-CONCENTRATED OUTFLOW 3' MIN. POROUS BAFFLESPB BAFFLES - POST REQUIREMENTS 1. POROUS BAFFLE POSTS MUST BE 60-INCH TO 96-INCH LONG STEEL POSTS THAT MEET, AT A MINIMUM, THE FOLLOWING PHYSICAL CHARACTERISTICS. - COMPOSED OF A HIGH STRENGTH STEEL WITH A MINIMUM YIELD STRENGTH OF 50,000 PSI. - INCLUDE A STANDARD "T" SECTION WITH A NOMINAL FACE WIDTH OF 1.38-INCHES AND A NOMINAL "T" LENGTH OF 1.48-INCHES. -t/',ϭ͘ϮϱWKhE^WZ&KKd;цϴйͿ 2. POSTS SHALL BE EQUIPPED WITH PROJECTIONS TO AID IN FASTENING OF BAFFLE MATERIAL. 3. INSTALL POSTS TO A MINIMUM OF 24-INCHES. A MINIMUM HEIGHT OF 1- TO 2- INCHES ABOVE THE FABRIC SHALL BE MAINTAINED, AND A MAXIMUM HEIGHT OF 3 FEET SHALL BE MAINTAINED ABOVE THE GROUND. 4. POST SPACING SHALL BE AT A MAXIMUM OF 4-FEET ON CENTER. BAFFLES - MATERIAL REQUIREMENTS 1. BAFFLE MATERIAL MUST BE COMPOSED OF COIR-BASED MATERIALS OR TURF REINFORCEMENT MATTING (TRM) THAT CONSISTS OF THE FOLLOWING REQUIREMENTS: - HAVE A LIGHT PENETRATION (% OPENINGS) BETWEEN 10-35%; - FREE OF LOOSE STRAW MATERIAL; - HAVE A MINIMUM TENSILE STRENGTH OF 145 LB/FT; AND, - HAVE A MINIMUM WIDTH OF 48-INCHES. 2. 12-INCHES OF THE FABRIC SHOULD BE PLACED WITHIN EXCAVATED TRENCH AND TOED IN WHEN THE TRENCH IS BACKFILLED OR BAFFLE MATERIAL MAY BE STAPLED INTO GROUND BY USING 12-INCH STAPLES WITH A MAXIMUM SPACING OF 12-INCHES. 3. BAFFLE MATERIAL SHALL BE PURCHASED IN CONTINUOUS ROLLS AND CUT TO THE WIDTH OF THE SKIMMER BASIN OR TRAP TO AVOID JOINTS. 1. THE KEY TO FUNCTIONAL POROUS BAFFLES IS WEEKLY INSPECTION, ROUTINE MAINTENANCE, AND REGULAR SEDIMENT REMOVAL. 2. REGULAR INSPECTIONS OF POROUS BAFFLES SHALL BE CONDUCTED ONCE EVERY CALENDAR WEEK AND, AS RECOMMENDED, WITHIN 24-HOURS AFTER EACH RAINFALL EVEN THAT PRODUCES 1/2-INCH OR MORE OF PRECIPITATION. 3. ATTENTION TO SEDIMENT ACCUMULATIONS ALONG EACH ROW OF BAFFLES IS EXTREMELY IMPORTANT. ACCUMULATED SEDIMENT SHOULD BE CONTINUALLY MONITORED AND REMOVED WHEN NECESSARY. 4. REMOVE ACCUMULATED SEDIMENT WHEN IT REACHES 1/3 THE HEIGHT OF THE BAFFLE ROW OR WHEN IT REACHES THE CLEAN-OUT HEIGHT OF THE SKIMMER BASIN OR TRAP, WHICHEVER IS REACHED FIRST. 5. REMOVED SEDIMENT SHALL BE PLACED IN STOCKPILE STORAGE AREAS OR SPREAD THINLY ACROSS DISTURBED AREA. STABILIZE THE REMOVED SEDIMENT AFTER IT IS RELOCATED. 6. CHECK FOR AREAS WHERE STORMWATER RUNOFF HAS ERODED A CHANNEL BENEATH EACH ROW OF BAFFLES, OR WHERE THE BAFFLE HAS SAGGED OR COLLAPSED DUE TO RUNOFF OVERTOPPING THE BAFFLE. 7. CHECK FOR TEARS/RIPS WITHIN THE BAFFLES, AREAS WHERE THE BAFFLE HAS BEGUN TO DECOMPOSE, AND FOR ANY OTHER CIRCUMSTANCE THAT MAY RENDER THE BAFFLE INEFFECTIVE. REMOVED DAMAGED BAFFLES AND REINSTALL NEW BAFFLES IMMEDIATELY. 8. POROUS BAFFLES SHOULD BE REMOVED WITHIN 30 DAYS AFTER FINAL STABILIZATION IS ACHIEVED AND ONCE IT IS REMOVED, THE RESULTING DISTURBED AREA SHALL BE PERMANENTLY STABILIZED. BAFFLES - INSPECTION & MAINTENANCE BAFFLES - GENERAL NOTES 1. ATTACH BAFFLE TO THE STEEL POSTS USING HEAVY-DUTY PLASTIC TIES THAT ARE EVENLY SPACED ALONG THE ABOVE GROUND PORTION OF EACH POST. 2. INSTALL THE BAFFLE ROWS PERPENDICULAR TO THE DIRECTION OF THE STORMWATER FLOW AND PLACE EACH BAFFLE THE PROPER DISTANCE FROM INLET AND OUTLETS TO ALLOW ACCESS FOR MAINTENANCE AND CLEAN-OUT. PB PB PB PB SKIMMER WETLAND AREAS SHALL NOT BE DISTURBED 50 FT RIPARIAN BUFFER ZONE 4'x4' CLASS B RIPRAP PAD J.H. Winston Dump June 2018 00003-1 TABLE OF CONTENTS J.H. WINSTON DUMP REMEDIAL ACTION IMPLEMENTATION YOUNGSVILLE, FRANKLIN COUNTY, NORTH CAROLINA DIVISION 0 ‐ BIDDING AND CONTRACT DOCUMENTS 00003 Table of Contents 00020 Invitation to Bid 00100 Instructions to Bidders 00300 Bid Form 00410 Bid Security Form 00500 Agreement 00670 Notice to Proceed 00900 Project Addendum DIVISION 1 ‐ GENERAL REQUIREMENTS 01010 Summary of Work 01025 Measurement and Payment 01026 Schedule of Values 01027 Applications for Payment 01036 Change Order Procedures 01041 Project Coordination 01050 Field Engineering 01102 Safety, Health and Emergency Response 01110 Environmental Protection Procedures 01200 Project Meetings 01300 Submittals 01310 Construction Schedules 01381 Construction Documentation 01410 Testing and Laboratory Services 01600 Delivery, Storage and Handling 01630 Substitutions and Product Options 01700 Contract Closeout 01710 Cleaning 01720 Project Record Documents 01740 Warranties and Bonds DIVISION 2 – SITE WORK 02100 Site Clearing 02200 Site Work Procedures 02300 Earthwork J.H. Winston Dump June 2018 00003-2 DIVISION 2 – SITE WORK (Continued) 02370 Erosion and Sediment Control 02360 Drainage 02273 Woven Geotextile Fabric 02276 Erosion and Sedimentation Control 02900 Streambank Stabilization 02901 Miscellaneous Work and Cleanup 02950 Loaming and Seeding 02951 Sampling and Analysis of Soil APPENDICES APPENDIX I – STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT – NCG 010000 APPENDIX II – NCDEQ DIVISION OF ENERGY, MINERAL AND LAND RESOURCES, LETTER OF APPROVAL APPENDIX III – SAFETY, HEALTH AND EMERGENCY RESPONSE PLAN APPENDIX IV – ASBESTOS MANAGEMENT PLAN END OF SECTION SECTION 00020 INVITATION TO BID J.H. Winston Dump -XQH 2018 Invitation to Bid 00020-1 SECTION 00020 INVITATION TO BID J.H. Winston Dump Remedial Action Implementation Youngsville, Franklin County, North Carolina Site ID NONCD0000311 Bid Due Date: May 17, 2018, 5:00 PM The Work to be performed under this Contract generally includes timbering, clearing and grubbing, temporary erosion and sedimentation control, stormwater control, excavation and removal of surficial waste, grading, final site stabilization and other incidentals as shown on the Drawings and noted in the Specifications. The JH Winston Dump (the Site) is located west of US 1 North (aka Capital Boulevard) approximately 15 miles north of Raleigh in a developing rural residential and agricultural area northwest of the Town of Youngsville in western Franklin County. The Site is located on two contiguous parcels identified by Parcel # 006743 (Franklin County Book 1453, Page 24) and Parcel # 040807 (Book 1712, Page 237). These parcels total 75.7 acres, with only approximately 9.3 total acres containing surficial waste. The surface waste is generally located in two areas, the Northern Disposal Area and the Southern Disposal Area. The Site is bordered to the north by Long Mill Elementary School and to the west by residential development. A municipal sewer line is located along the eastern property boundary of Parcel # 006743. The Site can be accessed directly from Long Mill Road to the northwest. The Site will require clearing and grubbing prior to implementation of remedial activities. Only those areas necessary to install erosion and sedimentation control devices will be initially cleared. Once the temporary erosion and sedimentation control devices have been installed, the remainder of the clearing and grubbing process will be completed in phases to control erosion and sedimentation as well as to limit exposed waste. Mature trees will be harvested and transported off‐site for processing. Tree stumps will temporarily be left in place so that the underlying soil is not disturbed. The remaining vegetation from clearing and grubbing will be chipped on‐site and stockpiled. Burning of stumps, vegetation and/or waste is not allowed at the Site. The total estimated volume of waste to be excavated and removed is 10,000 yd3. The waste will be transported and disposed of at a permitted landfill of the CONTRACTOR’s choosing and approved by the ENGINEER. Large metal objects and tires will be segregated for the purpose of recycling and/or disposal at an appropriate facility. Other debris and general waste will be collected and transported to a permitted landfill facility. Any waste that is collected each workday that cannot be delivered to the landfill may be stockpiled within the perimeter of the waste areas for removal the next day. Any exposed, disturbed or stockpiled waste shall be covered at the end of each work day and prior to any stormwater runoff producing event. During waste collection activities, any soil encountered that is confirmed to be free of SECTION 00020 INVITATION TO BID J.H. Winston Dump -XQH2018 Invitation to Bid 00020-2 waste can be segregated and stockpiled. Leachate will be controlled by the CONTRACTOR during waste excavation activities. Waste materials with the potential for containing asbestos have been identified at the Site. Immediately following award, the CONTRACTOR shall prepare and submit an Asbestos Management Plan to the ENGINEER for review and approval. The CONTRACTOR will have a North Carolina accredited asbestos inspector on‐site to identify suspect ACM during excavation activities. Suspect ACM encountered during excavation activities will be segregated, sampled for identification, and disposed of as appropriate in accordance with the approved Asbestos Management Plan. Air monitoring shall be performed in accordance with the plan prior to and while disturbing suspect ACM. When excavation of the surficial waste is complete in each work area, the ENGINEER will collect and submit confirmation soil samples for laboratory analysis. Additional excavation may be required in areas with detections of compounds above the site specific Soil Remediation Goals (SRGs). Subsequent to confirmation of waste removal and laboratory analysis, the subgrade will be regraded and blended to mirror the existing topography of the Site. Cut and fill may be necessary to achieve positive drainage and maintain stable slope conditions with no grades exceeding 5H:1V. Final grade surfaces will be scarified and amended as needed. Permanent stabilization will be achieved by seeding and mulching the disturbed work areas. After the permanent vegetation is established, the temporary erosion and sedimentation control measures will be removed, and those areas will also be seeded and mulched. Froehling & Robertson, Inc. (F&R) has applied for an Erosion and Sedimentation Control Permit from the NCDEQ’s Land Quality Section. This Permit will be transferred to the selected CONTRACTOR prior to performance of this remediation project. A pre‐bid conference will be held at the J.H. Winston Dump site at 10:00 am on May 10, 2018. The meeting will take place at the site entrance on Long Mill Road. All prospective bidders are required to attend. This project will be bid as a single prime contract between F&R and the selected Bidder. F&R will receive sealed bids for the J.H. Winston Dump Remediation Project at the F&R Raleigh Office located at 310 Hubert Street, Raleigh, North Carolina 27603 until 5:00 pm local prevailing time on May 17, 2018. Bids after this time will not be accepted. If forwarded by mail, the sealed envelope containing the bid should be marked on the exterior: J.H. Winston Remediation Project and the name and address of the Bidder. All bids will be submitted to Mr. Benjamin Whitley, P.E. with F&R. The Bid Opening Date is scheduled on May 18, 2018 at 10:30 AM at the NCDEQ offices located at 217 West Jones Street in Raleigh NC, 27603. Questions regarding the intent or scope of work must be delivered in writing to Mr. Whitley via email (bwhitley@fandr.com) and, to be given consideration, must be received by 5:00 PM on May 11, 2018. Appropriate responses will be issued by addendum to the plan holders by May 15, 2018. To qualify, all bids shall be submitted using bid forms contained in the Contract Documents, and submittal of all information requested in the Instructions to Bidders (00100). Incomplete or segregated bids may not be accepted. SECTION 00020 INVITATION TO BID J.H. Winston Dump -XQH2018 Invitation to Bid 00020-3 The anticipated Notice to Proceed and construction start date is May 31, 2018. The J.H. Winston Dump Remedial Action Implementation Project shall be complete as defined in the Agreement of Construction Services within 26 calendar days (June 29, 2018, including Saturdays) of the date fixed by the Notice to Proceed. All bids must be accompanied by a bid security made payable to F&R in the amount of two (2) percent of the Bidder's Bid Price and in the form of a bid bond issued by a surety meeting the requirements of F&R. A Performance Bond and Labor and Materials Payment bond, each in the amount equal to 100% of the Contract Sum will be required to be furnished at the execution of the Contract Documents. No bid shall be withdrawn for a period of 7 days after receipt of bids except as provided in Instructions to Bidders. Bidders are also notified that applicable provisions of Chapter 87 of the General Statutes of the State of North Carolina shall be observed in the receiving of bids and awarding of contracts for the Work. The OWNER reserves the right to waive informalities and to reject any and/or all bids. END OF SECTION SECTION 00100 INSTRUCTIONS TO BIDDERS J.H. Winston Dump -XQH2018 00100-1 SECTION 00100 INSTRUCTIONS TO BIDDERS PART 1 DEFINED TERMS 1.1 Terms used in these Instructions to Bidders are defined in Section 00500, Agreement for Construction. The term "Bidder" means one who submits a Bid directly to ENGINEER, as distinct from a sub‐bidder, who submits a Bid to the Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids.) PART 2 COPIES OF BIDDING DOCUMENTS 2.1 An electronic copy of the Bidding Documents will be provided by the ENGINEER. Hard copies will be provided to the selected Bidder. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, by Bidders and their sub‐bidders. 2.3 ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. PART 3 QUALIFICATIONS OF BIDDERS 3.1 OWNER and ENGINEER will only consider those Bidders who are qualified, have performed similar work on other projects, and whose Bids are in compliance with the prescribed requirements. PART 4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance or finishing of the Work; (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents. 4.2 On request, ENGINEER will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for the submission of a Bid SECTION 00100 INSTRUCTIONS TO BIDDERS J.H. Winston Dump -XQH2018 00100-2 4.3 The lands upon which the Work is to be performed, rights of way for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Design Drawings. 4.4 The submission of a Bid will constitute an incontrovertible representation that the Bidder has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. PART 5 INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed in writing to the ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than eight days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. 5.3 Bidders are responsible for determining that they have received all Addenda issued. PART 6 BID SECURITY 6.1 Each Bid must be accompanied by bid security made payable to ENGINEER in an amount of two (2) percent of the Bidder's Bid Price and in the form of a bid bond issued by a surety meeting the requirements of the ENGINEER. The OWNER will only select one Bid for contract award. 6.2 All Bid Securities except those of the two lowest responsible and eligible Bidders will be returned within five days, Saturdays, Sundays, and legal holidays excluded, after opening of the Bids. All Bid Securities will be returned on the execution of the Agreement or if no award is made, within thirty days, excluding Saturdays, Sundays and legal holidays after the actual date of opening of the Bids, unless forfeited under the conditions herein stipulated. 6.3 In case a party to whom a Contract is awarded shall fail or neglect to execute the Agreement and furnish the satisfactory bonds within the time specified, ENGINEER may determine that the Bidder has abandoned the Contract, and thereupon the Bid Forms and acceptance shall be null and void and the Bid Security accompanying the Bid Form shall be forfeited to ENGINEER as liquidated damages for such failure or neglect and to indemnify said ENGINEER for any loss which may be sustained by failure of the Bidder to execute the Agreement and furnish the bonds as aforesaid, provided that the amount forfeited to ENGINEER shall not exceed the difference between the Bid Price of said Bidder and that of the next lowest responsible and eligible bidder and provided further that, in case of death, disability, or other unforeseen circumstances affecting the Bidder, such Bid Security may be returned to the Bidder. After execution of the Agreement and acceptance of the bonds by SECTION 00100 INSTRUCTIONS TO BIDDERS J.H. Winston Dump-XQH2018 00100-3 ENGINEER, the Bid Security accompanying the Bid Form of the Successful Bidder will be returned. 6.4 The bid bond shall be issued by a company authorized to do business by the North Carolina Department of Insurance and having a Registered Agent in the State of North Carolina. PART 7 PERFORMANCE, PAYMENT AND OTHER BONDS 7.1 Performance, Payment and other Bonds shall be provided in accordance with the Agreement and Specifications. The awarded contractor will be required to submit a Performance Bond in the amount of 100% of the construction contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the bid and contract documents. 7.2 The awarded contractor will be required to submit a Payment Bond in the amount of 100% of the construction contract amount, conditioned upon the prompt payment for all labor or materials for which a contractor or subcontractor is liable. 7.3 All Bonds required as Contract Security shall be furnished within 10 days of award of contract. PART 8 CONTRACT TIME 8.1 The number of consecutive calendar days within which the Work is to be completed (the Contract Time) as set forth in the Agreement for Construction (Section 00500). Substantial completion shall be 22 days from Notice to Proceed. Final completion shall be 26 days from Notice to Proceed. PART 9 LIQUIDATED DAMAGES 9.1 Provisions for liquidated damages are set forth in the form of Agreement for Construction (Section 00500). PART 10 SUBSTITUTE MATERIAL AND EQUIPMENT 10.1 The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or‐equal" item of material or equipment may be furnished or used by the CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the "Commencement Date". The procedure for submittal of any such application and consideration by Contractor is set forth in the Specifications, and as may be supplemented in the Agreement for Construction (00500). SECTION 00100 INSTRUCTIONS TO BIDDERS J.H. Winston Dump June 2018 00100-4 PART 11 BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be requested and obtained from ENGINEER in electronic PDF form. All blank spaces for Bid prices must be filled in with the unit price for the item or the unit sum for which the Bid is made. 11.2 Bid Forms shall be completed in ink or by typewriter. The Bid price of each item on the form shall be stated in words, and figures. If unit prices are required on the Bid Form, discrepancies between unit prices and their respective total amounts will be resolved in favor of the unit prices. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Bids must be submitted for the base bid and all alternates. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice‐ president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by Limited Liability Companies shall be executed in the Limited Liability name by the Manager (or other Limited Liability Company officer/representative accompanied by evidence of authority to sign.) The Limited Liability Company address and state where the Limited Liability Company was formed shall be shown below the signature. 11.5 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.6 All names must be typed or printed below the signature. 11.7 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers and dates of which shall be filled in on the Bid Form). 11.8 The address to which communications regarding the Bid are to be directed shall be shown. 11.9 One copy of each Bid shall be submitted in a sealed opaque envelope bearing on the outside the Bidder's name, address, and the Project Title for which the Bid is submitted. (If forwarded by mail, Bid and sealed envelope marked as described above shall be enclosed in another envelope with the notation "BID ENCLOSED" on the face and addressed as indicated in the Advertisement for Bids.). 11.10 Incomplete bid packages may be considered nonresponsive and disregarded by the OWNER or ENGINEER. PART 12 RECEIPT OF BIDS 12.1 Sealed Bids for the work of this Contract will be received at the time and place indicated in the Instructions to Bidders. SECTION 00100 INSTRUCTIONS TO BIDDERS J.H. Winston Dump June 2018 00100-5 12.2 ENGINEER may consider nonresponsive any Bid not prepared and submitted in accordance with the provisions hereof. 12.3 Bidders are cautioned that it is the responsibility of each individual bidder to assure that their bid is in the possession of the responsible official or the designated alternate prior to the stated time and at the place of the Bid Opening. ENGINEER is not responsible for bids delayed by mail and/or delivery services, of any nature. PART 13 MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.2 Bids may be withdrawn prior to the scheduled time (or authorized postponement hereof) for the opening of Bids. 13.3 Any Bid received after the time and date specified shall not be considered. No Bid may be withdrawn for a period of seven calendar days, excluding legal holidays, after the actual date of the opening of the Bids. PART 14 AWARD OF CONTRACT 14.1 The Contract will be awarded to the lowest responsible and responsive Bidder (Successful Bidder). Such a Bidder shall possess the skill, ability, and integrity necessary for the faithful performance of the work. The term "lowest responsible and eligible Bidder" as used herein shall mean the Bidder whose Bid is the lowest of those Bidders possessing the skill, ability and integrity necessary to provide the faithful performance of the Work. However, the OWNER may award the bid in accordance with any and all procedures allowed by law, including but not limited to North Carolina G.S. 143‐129. 14.2 OWNER reserves the right to reject any and all Bids, to waive any and all informalities if it is in OWNER's best interest to do so, and the right to disregard all nonconforming, nonresponsive, unbalanced, or conditional Bids. Bids may be considered irregular and subject to rejection if they show serious omission, unauthorized alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or irregularities of any kind. 14.3 A Bid which includes for any item a Bid Price that is abnormally low or high may be rejected as unbalanced. 14.4 OWNER also reserves the right to reject the Bid of any Bidder that OWNER considers to be unqualified relative to Article 3 above. 14.5 In case of a clerical error, the Bidder may withdraw his or her bid after the bids are opened without forfeiting his or her bid deposit under the circumstances defined in North Carolina G.S. 143‐129.1. SECTION 00100 INSTRUCTIONS TO BIDDERS J.H. Winston Dump June 2018 00100-6 PART 15 SAFETY AND HEALTH REGULATIONS 15.1 This project is subject to the Safety and Health Regulations (CFR 29, Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24, 1974 and CFR 29, Part 1910, General Industry Safety and Health Regulations Identified as Applicable to Construction. 15.2 The Successful Bidder shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL‐91‐596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL‐91‐54). 15.3 The Successful Bidder shall have a competent person or persons, as required under the Occupational Safety and Health Act, on the Site to inspect the Work and to supervise the conformance of the Work with the regulations of the Act. PART 16 PRELIMINARY PROGRESS SCHEDULE SUBMITTAL 16.1 It is the intention of the OWNER and ENGINEER to award this contract to a pre‐qualified Bidder that is competent to perform and complete the Work in a satisfactory manner. The Successful Bidder shall submit a Preliminary Progress Schedule within seven (7) days of written request by the ENGINEER. 16.2 The Preliminary Progress Schedule shall consist of a time‐scaled precedence network diagram and a narrative in accordance with appropriate formats set forth in Section 01310. Activities in the precedence network diagram shall show the order in which the Bidder proposes to perform the Work within the constraints and sequencing conditions set forth in Division 1 and shall indicate start and completion dates for key milestones and work pertaining to each Division of the Specifications within each major structure of geographical area of work. Activities shall further identify work associated with significant submittals/approvals, major equipment deliveries; equipment testing, ENGINEER's responsibilities, and those of affected utilities and other similarly involved third parties. This Preliminary Progress Schedule shall not replace, but serve as a basis for, the progress schedule submittals to be developed as required in Section 01310. PART 17 TAXES 17.1 The CONTRACTOR shall pay all applicable sales, consumer, use and other similar taxes required by law. The CONTRACTOR is responsible for reviewing the pertinent State Statutes involving the sales tax and sales tax exemption and complying with all requirements. The CONTRACTOR shall include all Federal, State and local taxes in his bid. The CONTRACTOR shall indemnify, defend and hold harmless, OWNER, ENGINEER and their employees, agents and representatives from and against any and all claims, damages, losses, penalties, fines and tax liabilities whatsoever resulting from CONTRACTOR’s failure to include such taxes in his bid, pay any such tax or comply with any applicable tax requirements or statutes. 17.2 The CONTRACTOR is to include in their bid and pay all such taxes associated with this SECTION 00100 INSTRUCTIONS TO BIDDERS J.H. Winston Dump -XQH2018 00100-7 project. The CONTRACTOR is to submit with each Application for Payment adequate documentation verifying that taxes have been paid and which state, county and city collected the taxes. PART 18 SIGNING OF CONTRACT FOR CONSTRUCTION (AGREEMENT) 18.1 When ENGINEER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within seven (7) calendar days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to ENGINEER with the required Bonds. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. PART 19 QUALIFICATIONS OF SURETY COMPANIES 19.1 In order to be acceptable to the ENGINEER, a surety company issuing Bid Guarantee Bonds, or 100% Performance/Payment bonds, called for in these Specifications, shall meet and comply with the following minimum standards: a) Surety must be legally authorized to do business in the State of North Carolina. b) Surety shall have been in business and have a record of successful continuous operations for at least five (5) years. c) Attorneys‐in‐fact who sign bid bonds or performance/payment bonds must file with such bond a certified copy of their power of attorney to sign such bond. d) Agents of surety companies must list their name, address and telephone number on all bonds. e) The life of the bonds shall extend twelve (12) months beyond the date of final payment and shall contain a waiver of alteration to the terms of the Contract, extensions of time and/or forbearance on the part of the ENGINEER. f) The Performance Bond shall be in an amount equal to one hundred percent (100%) of the Contract Price conditioning that the Successful Bidder shall comply in all respects with the terms and conditions of his Contract, and his obligations thereunder, including the Specifications and shall indemnify and save harmless the ENGINEER against or from all costs, expense, damages, injury or loss to which the ENGINEER may be subjected by reason of wrong doing, misconduct, want of care of skill, negligence or default upon the part of the CONTRACTOR, his agents, or employees, in or about the execution of performance of this Contract, including said Specifications, and shall save and keep harmless the ENGINEER against and from all claims or losses to it or from any cause whatever, including patent infringements, in the matter of the performance of said Contract, and including also any patent infringements because of designed operation methods on the project and/or the use of any patented thing, equipment, and/or apparatus installed by him herein. g) Whenever the Surety or Sureties on the Bond so furnished shall be deemed by the SECTION 00100 INSTRUCTIONS TO BIDDERS J.H. Winston Dump -XQH2018 00100-8 ENGINEER to be insufficient or unsatisfactory, the CONTRACTOR, within ten (10) days after notice to that effect shall furnish and deliver a new bond to the ENGINEER in the same penalty and on the same conditions with Surety satisfactory to the ENGINEER and this duty shall continue on the part of the CONTRACTOR, whenever and so often as the ENGINEER shall require a new bond with a satisfactory Surety or Sureties. If the CONTRACTOR shall fail to furnish such bond, within ten (10) days after said notice is mailed to his address, the ENGINEER through its proper agent or agents, may stop all further work under said Contract and complete the unfinished Work at the expense of the Contractor. PART 20 REQUIRED DISCLOSURE 20.1 With its Bid submission, Bidder shall disclose all material facts pertaining to any felony conviction or any pending felony charges in the last three (3) years in this state or any other state or the United States against (i) Bidder, (ii) any business entity related to or affiliated with Bidder, or (iii) any present or former executive employee, officer, director, stockholder, partner or owner of bidder or of any such related or affiliated entity. This disclosure shall not apply to any person or entity which is only a stockholder, which person or entity owns 20% or less of the outstanding shares of a bidder whose stock is publicly owned and traded. 20.2 At its sole discretion the ENGINEER may reject any Bidder the ENGINEER finds to lack, or whose present or former executive employees, officers, directors, stockholders, partners or owners are found by the ENGINEER to lack honesty, integrity, or moral responsibility. The discretion of the ENGINEER may be exercised based on the disclosure required herein. By submitting a bid, Bidder recognizes and accepts that the ENGINEER may reject the Bid based upon the exercise of its sole discretion and bidder waives any claim it might have for damages or other relief resulting from the rejection of its bid based on these grounds. PART 21 NONDISCRIMINATION IN EMPLOYMENT 21.1 During the performance of this Contract the CONTRACTOR agrees as follows: The CONTRACTOR will not discriminate against any employee or applicant 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 without regard to race, color, religions, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rate 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, notice to be provided by the Local Public Agency setting forth the provisions of this nondiscrimination clause. The CONTRACTOR will note that signing the Bid Form in the Contract Document constitutes certification of nondiscrimination. However, all certifications called for herein shall be executed prior to the award of contract, when applicable. SECTION 00100 INSTRUCTIONS TO BIDDERS J.H. Winston Dump -XQH018 00100-9 OWNER and ENGINEER shall have final authority to determine the question of compliance with these specifications. PART 22 COLLUSIVE BIDDING 22.1 In accordance with Section 112(c) of Title 23 USC, and North Carolina General Statutes G.S.‐ 75‐5(b)(7) of the State of North Carolina, the CONTRACTOR (Bidder), by submission and execution of this bid, certifies that he has not entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with his bid on this project. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for prior approval and a sworn affidavit substantially in accordance with the preceding. PART 23 CONTRACT TERMINATION ‐ DEBARMENT 23.1 A Contract will not be awarded to a CONTRACTOR that has been suspended by the State of North Carolina or any agency or department thereof for conviction or indictment or any of the offenses enumerated in the North Carolina General Statutes G.S. 133‐27. Subcontracts of any tier will not be awarded to a subcontractor (or firm) that has been suspended for conviction or indictment of any of the offenses enumerated in G.S. 133‐27. PART 24 CONTRACTOR’S LICENSING 24.1 The Bidder’s (CONTRACTOR’s) attention is called to the fact that the requirements of Chapter 87 of the General Statutes of the State of North Carolina and Regulations of the North Carolina Licensing Boards for Contractors established and empowered by virtue of Chapter 318 of the public laws of 1925, as amended, shall be enforced on this Contract, as applicable. PART 25 MUTUAL RESPONSIBILITY OF CONTRACTORS 25.1 If any other contractor, subcontractor or any of their employees, or any other persons shall sustain any loss or damage through the negligence of the CONTRACTOR in the performance of the Work, the CONTRACTOR agrees to be responsible for said loss or damage. If any claim is asserted against the OWNER on account of any loss or damage to other contractors, subcontractors or their employees through the negligence of the CONTRACTOR, the ENGINEER shall notify the CONTRACTOR and the CONTRACTOR shall be responsible for said loss or damage, and the CONTRACTOR shall indemnify and hold the OWNER and ENGINEER harmless against any such losses, damages, and claims, including the OWNER's and ENGINEER's attorney's fees. END OF SECTION Unit Quantity Unit Price Total Phase A. Initial Construction Activities 1 EA 1 1,678.75$ 1,678.75$ 2 EA 1 19,334.84$ 19,334.84$ 3Asbestos Management EA 1 12,914.07$ 12,914.07$ 4 EA 1 3,108.67$ 3,108.67$ 5 AC 2 3,672.87$ 7,345.74$ 6 EA 1 940.35$ 940.35$ 7 LF 250 29.15$ 7,287.50$ 8 LF 149 17.24$ 2,568.76$ 9 LF 4500 4.07$ 18,315.00$ 10 LF 2000 1.57$ 3,140.00$ 11 AC 1.5 3,576.42$ 5,364.63$ 12 EA 1 16,619.68$ 16,619.68$ 13 LF 2500 3.23$ 8,075.00$ 14 DAY 2 1,000.00$ 2,000.00$ b Subcontractor Procurement EA 1 632.97$ 632.97$ Subtotal Phase A 109,325.96$ Phase B. Waste Collection and Removal 15 a Northern Waste Disposal Area AC 6.5 3,529.04$ 22,938.76$ b Southern Waste Disposal Area AC 4 3,672.87$ 14,691.48$ 16 a Northern Waste Disposal Area AC 6.5 660.90$ 4,295.85$ b Southern Waste Disposal Area AC 4 872.96$ 3,491.84$ 17 a Northern Waste Disposal Area CY 6100 9.52$ 58,072.00$ b Southern Waste Disposal Area CY 3900 9.78$ 38,142.00$ 18 TON 5400 31.34$ 169,236.00$ 19 a Northern Waste Disposal Area CY 6100 14.75$ 89,975.00$ b Southern Waste Disposal Area CY 3900 14.76$ 57,564.00$ 20 TON 20 56.42$ 1,128.40$ 21 TON 100 102.81$ 10,281.00$ 22 a Northern Waste Disposal Area AC 6.5 3,665.98$ 23,828.87$ b Southern Waste Disposal Area AC 4 3,639.07$ 14,556.28$ 23 AC 10.5 2,444.90$ 25,671.45$ 24 DAY 2 1,000.00$ 2,000.00$ b Contractor Procurement EA 1 507.58$ 507.58$ Subtotal Phase B 536,380.51$ Phase C. Final Construction Activities 25 EA 1 762.45$ 762.45$ 26 EA 1 11,990.82$ 11,990.82$ 27 AC 3.5 2,444.90$ 8,557.15$ 28 EA 1 1,678.75$ 1,678.75$ Subtotal Phase C 22,989.17$ TOTAL BASE PROJECT BID (numerical)$ 668,695.64$ TOTAL BASE PROJECT BID (in words)$ Number of On‐site Work Days (from Mobilization to Demobilization): JH Winston Dump Remedial Action Implementation Abandon MWs Entrance Fencing Entrance Gate Clearing and Grubbing for Construction Activities Establish Entrance and Access Road Insurance/Bond Equipment Mobilization A&D Youngsville, Franklin County, North Carolina Remedy Implementation Final Bid Form Safety Fence Silt fence Survey Hydroseed and Chip Mulch Fine Grading and Soil Amendment Disposal of Asbestos Materials Disposal of Tires Hauling Fees Waste Disposal Fees Excavation of Soil and Waste Chipping Clearing and Grubbing Survey Diversion Dikes Sediment Basin 28 Six Hundred Sixty‐eight Thousand, Six Hundred Ninety‐five Dollars and Sixty‐ four Cents a Survey Clearing and Grubbing for Erosion and Sedimentation Controls a Survey Demobilization Seed and Mulch Remove Temp. Erosion & Sed. Controls Remove Construction Entrance 1,850.00$ Weather Delay Rate; Personnel (DAY): Weather Delay Rate; Equipment (DAY): Number of days required before Mobilization: 675.00$ 5 Exhibit A to Agreement between F&R and Subcontractor for Construction Services 00500-3 Exhibit A Scope of Work, Schedule, Compensation, Payment and Changes in the Work This Exhibit A is attached to and incorporated into the Agreement between ENGINEER and CONTRACTOR. This exhibit establishes the scope of Work to be performed by CONTRACTOR, the schedule for completion of said Work, compensation that will be paid to CONTRACTOR for acceptable performance of said Work and the terms of payment. Part I ‐ Scope of Work The intent of the described scope of Work, all exhibits, and other documents incorporated into this Agreement, is to describe a functioning complete project (or part thereof) for which the CONTRACTOR is contractually required to provide in its entirety. Any labor, documentation, services, materials or equipment (or the installation and incorporation of materials and equipment) that may reasonably be inferred from the scope of Work, all exhibits and other documents incorporated into this Agreement, or from the prevailing custom or trade usage as being required to produce the intended result, shall be provided by CONTRACTOR whether or not specifically called for at no additional cost to ENGINEER or OWNER. See Design Drawings and Specifications prepared by F&R for the Scope of Work. Substantial completion shall be 23 work days from date of mobilization. Final completion shall be 28 work days from date of mobilization. Part II ‐ Schedule Time is of the essence in the performance of this Agreement. Select one or more of the following as appropriate: All Work shall be completed within ____ calendar days after ENGINEER issues the written notice to proceed. All Work shall be completed by 28 work days from date of mobilization. CONTRACTOR shall complete the Work in accordance with the schedule provided as Attachment to this Exhibit A. CONTRACTOR shall promptly submit to ENGINEER a schedule pertaining to CONTRACTOR’s performance of Work under this Agreement accompanied by any and all coordination requirements with OWNER, ENGINEER and other subcontractors. The CONTRACTOR’s schedule shall be subject to the review and approval of ENGINEER. Such schedule shall be updated monthly or as requested by ENGINEER. Select one of the following: In the event CONTRACTOR shall fail to perform the work by and at the time or times herein set forth, the CONTRACTOR shall pay ENGINEER, as and for liquidated damages, and not as a penalty, the sum of $2,000 Dollars per day, which said sum of $ 2,000 per day, in view of the difficulty of estimating such damages with exactness, is hereby expressed, fixed, computed, determined and agreed upon as the damages which will be suffered by the ENGINEER by reason of such default; and it is understood and agreed by the parties of this Agreement that the liquidated damages herein before mentioned are in lieu of the actual delay damages arising from such breach of this Agreement, which sum the ENGINEER shall have the right to deduct from any moneys otherwise due or to become due to the said CONTRACTOR, or to sue for and recover compensation or damages for the non‐performance of this Agreement at the time or times herein stipulated or provided for. Should CONTRACTOR fail to begin, continue and complete the Work as scheduled herein, and should the ENGINEER suffer or permit CONTRACTOR to occupy more time than required under this Agreement, except as otherwise specifically provided for in this Agreement or through a Change Order, (1) CONTRACTOR shall be liable to ENGINEER for all damages suffered by ENGINEER due to CONTRACTOR’s actions and (2) CONTRACTOR hereby covenants and agrees to indemnify, save harmless and defend the ENGINEER from any loss or damages which it may be compelled to make good to the OWNER of the project, under or by virtue of the contract with the OWNER for or on account of delay in the completion thereof. Part III ‐ Compensation Select one of the following: CONTRACTOR shall perform the Work pursuant to this Agreement for the Lump Sum price of $ (“Contract Price”). CONTRACTOR shall perform the Work pursuant to this Agreement on a time and material basis in accordance with the fee schedule provided in A t t a c h m e n t t o t h i s E x h i b i t A . T h e f e e s c h e d u l e s h a l l b e subject to the review and approval of ENGINEER. CONTRACTOR shall not exceed a total cost of $ . The total cost of the Work based on the time and material expended shall be the “Contract Price.” CONTRACTOR shall perform the Work pursuant to this Agreement on unit price basis in accordance with the Bid Form provided in Attachment 1 to this Exhibit A. The unit rate schedule shall be subject to the review and approval of ENGINEER. CONTRACTOR shall not exceed a total cost of $ 668,698.64. The total cost of the Work on the unit rate basis shall be the sum of the unit rates multiplied by the respective number of units actually furnished and installed in accordance with the terms of this Agreement. The sum of such unit rates multiplied by the respective number of units furnished and installed in accordance with the terms of this Agreement shall be the “Contract Price.” Invoices Exhibit A to Agreement between F&R and Subcontractor for Construction Services 00500-4 Original invoices shall be remitted to the following address: ENGINEER shall remit payment to: Froehling & Robertson Inc. Attn: Daniel K. Schaefer, PE 310 Hubert Street Raleigh, North Carolina 27603 Additional Requirements for Lump Sum Price Arrangements: As a condition to payment, CONTRACTOR shall, upon request of ENGINEER, provide a schedule of values satisfactory to ENGINEER within ten (10) calendar days from the date of execution of this Agreement. CONTRACTOR's Progress Payment Invoices shall be itemized and supported by substantiating data as required by ENGINEER. Additional Requirements for Time and Material or Unit Cost Price Arrangements: In the event CONTRACTOR performs any Work on a time and material or unit cost price arrangement, CONTRACTOR agrees as follows: CONTRACTOR shall maintain accurate and detailed accounts for all reimbursable costs thereunder; CONTRACTOR shall permit OWNER or ENGINEER to audit CONTRACTOR’s records and will permit the auditors reasonable access to such books and records pertaining to all costs for audit purposes at all reasonable times; CONTRACTOR shall, if requested, furnish statements, invoices, receipts, vouchers, and other information as may be required to assist OWNER or ENGINEER in auditing the accounts pertaining to all costs; CONTRACTOR shall credit ENGINEER with all discounts, refunds, and deductions (including discounts due to payment of bills on a “cash” basis), which CONTRACTOR may obtain on any of the items chargeable hereunder, provided that the ENGINEER pays CONTRACTOR’s invoice containing the item(s) subject to such deductions within thirty (30) calendar days of their receipt; ENGINEER shall be entitled to all surplus materials, surplus construction supplies, and other surplus items for which CONTRACTOR has been paid; If unit cost price arrangement applies, CONTRACTOR’s invoices shall also be itemized to include the number of units for each cost unit, the unit rate along with the extended subtotal by item, and the total of the invoice. Part IV ‐ Changes in the Work The cost or credit to the ENGINEER resulting from a change in the Work shall be determined in one or more of the following ways: 1. by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; 2. by unit cost or time and material prices as provided for in this exhibit or subsequently agreed upon; 3. by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or 4. as otherwise mutually agreed. Pending final determination of cost to the ENGINEER, payments on account shall be made periodically in accordance with the terms of this agreement. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change. CONTRACTOR shall not be required to commence or complete additional Work until the parties have agreed upon an appropriate Change Order including pricing for such additional Work. If unit prices are provided for or subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order that application of agreed unit prices to quantities proposed will cause substantial inequity to the ENGINEER or CONTRACTOR, applicable unit prices shall be equitably adjusted. Exhibit B 00500- 5 EXHIBIT B TERMS AND CONDITIONS 1.0 TERM This Agreement shall be in effect from the date of execution by ENGINEER and shall continue thereafter until completion of the Project. 2.0 WORK SCOPE, PERFORMANCE AND STANDARD OF CARE CONTRACTOR shall furnish all labor, materials, facilities, equipment and supervision necessary, including all necessary scaffolding, and/or equipment, to fully construct in a good, thorough and workmanlike manner in every respect all Work as specified or indicated in Exhibit A (Scope of Work) of this Agreement to the full satisfaction of the ENGINEER; and CONTRACTOR shall: a. Supervise and direct the Work, using the CONTRACTOR's best skill and attention. The CONTRACTOR shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Agreement. The CONTRACTOR shall be responsible to the ENGINEER for acts and omissions of the CONTRACTOR's employees, its subcontractors and their agents and employees, and other persons performing the Work on behalf of CONTRACTOR; use methods, equipment and documentation practices which conform with prevailing standards of accuracy, competence and completeness for the Work required and in accordance with all applicable regulations and agency requirements of the state in which the Work is performed, or as otherwise specified by ENGINEER. b. Assure that all materials and supplies conform in quality and kind with those specified by ENGINEER. c. Keep Work areas clean, protect its Work, equipment and materials from loss or damage, and remove its waste material and debris upon completion of Work. CONTRACTOR shall comply with all applicable statutes, ordinances and regulations regarding the handling or disposal of any hazardous materials or wastes with which its personnel or equipment may come in contact. If CONTRACTOR’s performance of the Work results in a release of any hazardous substance, pollutant or contaminant to the environment, CONTRACTOR shall immediately inform ENGINEER verbally of such release and promptly follow up with a written report setting forth such additional information as ENGINEER may request. d. Employ for Work hereunder personnel who possess the necessary qualifications to perform the Work and provide them with appropriate protective equipment required by the Work or as set forth in ENGINEER safety plans. Any ENGINEER equipment provided for CONTRACTOR’s use shall be returned to ENGINEER upon completion of its use or as otherwise directed by ENGINEER in good condition, normal wear and tear excepted. e. Assign to the Work and maintain at the Work site at all times that Work is in progress a competent representative to supervise its activities and receive instructions from ENGINEER’s representative. f. Agree to maintain all permits and licenses required for its performance of the Work and to comply with all federal, state and local laws (including health, safety, labor, and employment laws) and all ordinances, regulations and orders of governmental agencies pertaining to the Work. The CONTRACTOR hereby undertakes to the ENGINEER all obligations with respect to the Work that the ENGINEER has undertaken to the OWNER in the Prime Contract. If CONTRACTOR determines in its performance of the Work that additional or different tasks may be necessary, CONTRACTOR will notify ENGINEER before performing such tasks to submit a request for a Change Order in accordance with Section 6.0. Exhibit B 00500- 6 3.0 WARRANTY CONTRACTOR warrants that its Work will conform with the requirements of this Agreement and with any special terms pertinent to the Work specified by F&R, Inc. CONTRACTOR represents and warrants that it shall be responsible for the professional and technical accuracy, adequacy and standards of all Work performed under this Agreement, including but not limited to, as applicable to the Services, supervision, inspection and testing practices; all Work is free from defects, incorporates the specifications, safety margins and other criteria specified for the Work, and is fit for the purposes intended; all design or construction Work and any materials or equipment furnished are in compliance with all applicable statutes and regulatory codes of any federal, state or local governmental body having jurisdiction over the Services; and quality control procedures meet EPA or other applicable regulatory standards or requirements. CONTRACTOR further warrants and guarantees all materials and equipment furnished will be new, and all Work performed is free from all defects due to faulty materials or workmanship, and that the quality of material and workmanship supplied on the Work by the CONTRACTOR is in full compliance with the Scope of Work attached as Exhibit A. The CONTRACTOR warrants and guarantees that for a period of one (1) year after the date of final completion, CONTRACTOR shall, at its own cost, correct or revise the Work as may be necessary caused by such defects or faults. If the CONTRACTOR fails to fulfill its obligations hereunder, then the ENGINEER may do so and charge the CONTRACTOR the full cost thereby incurred or may withhold as offset from any balance owed to the CONTRACTOR. This paragraph relates solely to the CONTRACTOR's obligation to return to the job site and correct Work, and shall not in any way limit the time within which any obligation to comply with the Scope of Work described in Exhibit A may be enforced, nor the time within which proceedings may be commenced to establish the CONTRACTOR's liability with respect to any breach of its contract obligations, during such period. 4.0 INTENT OF SPECIFICATIONS AND DRAWINGS The specifications and drawings may not be complete in every detail. CONTRACTOR shall comply with their manifest intent and general purpose, taken as a whole. Should any conflict, error or omission appear in the drawings, specifications, instructions or in Work done by others, CONTRACTOR shall notify ENGINEER at once and ENGINEER will issue written instructions to be followed. If CONTRACTOR proceeds with any of the Work in question prior to receiving such instructions, all necessary corrections shall be at CONTRACTOR’s expense. 5.0 PERMITS AND LICENSES/UTILITIES CONTRACTOR shall procure without additional compensation all permits (other than building permits), certificates and licenses (including professional licenses) required by governmental authorities having jurisdiction over CONTRACTOR, its agents, or the Work of CONTRACTOR. CONTRACTOR shall be responsible for ensuring that the local utility companies have been contacted concerning the subsurface explorations and that utility checks confirm that no borings or other underground activities are located in utility locations. CONTRACTOR shall be responsible for exercising care in operating equipment in the vicinity of utilities, whether overhead, at ground level, or buried, and shall save and hold harmless OWNER and ENGINEER from and against all claims and damages of every kind for injury to, or death to, any person or persons and from damage to or loss of property, arising out of, or attributed to the negligence of CONTRACTOR'S operations. CONTRACTOR shall be responsible for any excessive damage to the land which may result from operations of equipment during the Work. 6.0 CHANGES The Scope of Work shall be subject to changes by additions, deletions or revisions thereto by ENGINEER. CONTRACTOR will be advised in writing of any such changes. CONTRACTOR shall promptly perform and strictly comply with each such change when released in writing. If CONTRACTOR believes that the performance of any change would justify modification of the Contract Price or time for performance of the Work, CONTRACTOR shall comply with Article Exhibit B 00500- 7 19.0, entitled CLAIMS, or a mutually agreeable equitable modification of the Contract Price and/or time to perform the Work will be made to reflect additional costs and/or time to perform Work as changed. CONTRACTOR shall not suspend performance of this Agreement during the review and negotiation of any change, except as may be directed by ENGINEER. CONTRACTOR shall perform all changes in strict accordance with all the terms of this Agreement, including guarantees. 7.0 JOB SITE CONDITIONS CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or any aspect of furnishing of the Work. CONTRACTOR has obtained and carefully studied (or hereby assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site, or that otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 8.0 PROPRIETARY RIGHTS/OWNERSHIP OF DRAWINGS AND DATA All materials which CONTRACTOR is required to prepare or develop in the performance and completion of the Work hereunder, including documents, calculations, maps, sketches, notes, reports, data, models and samples, and any and all inventions and copyrightable material contained therein, shall become the sole and exclusive property of ENGINEER without limitation when made or prepared whether delivered to ENGINEER or not, subject to CONTRACTOR's right to use the same to perform the Work under this Agreement, and such materials shall, together with any materials furnished to CONTRACTOR by ENGINEER or OWNER hereunder, be delivered to OWNER or ENGINEER upon request and in any event upon completion or termination of this Agreement, and may be used by ENGINEER or OWNER without restriction. CONTRACTOR agrees to execute all documents and to take all steps requested by ENGINEER, at ENGINEER's expense, which ENGINEER deems necessary or desirable to complete and perfect in ENGINEER such ownership and property rights. 9.0 SCHEDULING, COORDINATION AND REPORTING Time is of the essence in the performance of this Agreement. ENGINEER will schedule and coordinate CONTRACTOR's performance of the Work with the work of others connected with the Work, and CONTRACTOR agrees to comply strictly with such scheduling and coordination. CONTRACTOR agrees that if the Work hereunder is performed under joint occupancy conditions on OWNER's premises, CONTRACTOR will cooperate with OWNER, ENGINEER and other subcontractors on OWNER's premises so that the Work and the work of others connected with the Work will progress smoothly with a minimum of delays due to interference between various subcontractors on OWNER's premises. 10.0 SUSPENSION OF WORK ENGINEER may at any time, and from time to time, by written notice to CONTRACTOR suspend further performance of the Work by CONTRACTOR. Said notice of suspension shall specify the date of suspension and the estimated duration of the suspension. Such suspensions shall not exceed more than the consecutive calendar days each as specified in supplementary condition nor aggregate more than the calendar days as specified in supplementary condition. Upon receiving any such notice of suspension, CONTRACTOR shall promptly suspend further performance of the Work to the extent specified, and during the period of such suspension shall properly care for and protect all Work in progress. ENGINEER may at any time withdraw the suspension of performance of the Work as to all or part of the suspended Work by written or telegraphic notice to CONTRACTOR specifying the effective date and scope of withdrawal, and CONTRACTOR shall resume diligent performance of the Work for which the suspension is withdrawn on the specified effective date of withdrawal. Exhibit B 00500- 8 11.0 TERMINATION AT ENGINEER'S OPTION 11.1 ENGINEER shall have the right at any time, with or without cause, to terminate further performance of the Work by written notice to CONTRACTOR specifying the date of termination. On the date of such termination stated in said notice, CONTRACTOR shall discontinue performance of the Work and shall preserve Work in progress and completed work, pending ENGINEER's instructions, and shall turn over such Work in accordance with ENGINEER's instructions. 11.2 If CONTRACTOR has fully and completely performed all obligations under this Agreement up to the date of termination and is not in breach of any provision under Article 34, CONTRACTOR shall recover from ENGINEER as complete and full settlement for such termination: (a) for Work performed for a lump sum Contract Price under this Agreement, the actual costs of all such Work satisfactorily executed to the date of termination, plus an allowance for reasonable overhead and profit on such costs (but not to exceed the lump sum Contract Price or a pro rata portion of such Contract Price for such Work based on the proportion that such costs bear to an estimate of the total cost of such Work), or for Work to be performed under this Agreement for a reimbursable or unit price Contract Price, compensation in accordance with such Contract Price for such Work satisfactorily executed to the date of termination; plus, (b) actual cost incurred by CONTRACTOR to return CONTRACTOR's field tools and equipment, if any, to his or his suppliers' premises and to turn over Work in progress and completed Work in accordance with ENGINEER's instructions; plus, (c) actual cost necessarily incurred in effecting the termination; less, (d) all amounts previously paid to CONTRACTOR for the Work. 11.3 All claims under any of the foregoing provisions of Section 11.2 shall be supported by documentation submitted to ENGINEER, satisfactorily in form and content to ENGINEER and verified by ENGINEER. In no event shall CONTRACTOR be entitled to any prospective profits or any damages because of such termination. 12.0 TERMINATION FOR DEFAULT In the event CONTRACTOR shall file a petition in bankruptcy, or shall make a general assignment for the benefit of its creditors, or if a petition in bankruptcy shall be filed against CONTRACTOR or a receiver shall be appointed on account of its insolvency, or if CONTRACTOR shall default in the performance of any express obligation to be performed by CONTRACTOR under this Agreement and shall fail to correct (or if immediate correction is not possible, shall fail to commence and diligently continue action to correct) such default within ten (10) days following written notice thereof from ENGINEER, ENGINEER may, without prejudice to any other rights or remedies ENGINEER or OWNER may have, hold in abeyance further payments to CONTRACTOR and/or terminate this Agreement by written notice to CONTRACTOR specifying the date of termination. In the event of such termination by ENGINEER, ENGINEER may take possession of and finish the Work by whatever method ENGINEER may deem expedient. If the sum of the total cost to ENGINEER of completing the Work, plus all amounts previously paid to CONTRACTOR for the Work, shall exceed the Contract Price for the Work, CONTRACTOR shall promptly pay the difference to ENGINEER. A waiver by ENGINEER of one default of CONTRACTOR shall not be considered to be a waiver of any subsequent default of CONTRACTOR, nor be deemed to waive, amend, or modify any term of this Agreement. 13.0 STOP WORK ORDERS Upon failure of CONTRACTOR or its subcontractors to comply with any of the requirements of this contract, ENGINEER shall have the authority to stop any operations of CONTRACTOR or its subcontractors affected by such failure until such failure is remedied or to terminate this Agreement in accordance with Article 12.0. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for increased costs or damages by CONTRACTOR. Exhibit B 00500- 9 14.0 TAXES, DUTIES AND FEES Except to the extent expressly provided to the contrary elsewhere in this Contract, CONTRACTOR shall pay when due, and the compensation set forth, shall be inclusive of, all local, municipal, state, and federal sales and use taxes, excise taxes, taxes on personal property owned by CONTRACTOR, duties and all other governmental fees and taxes or charges of whatever nature applicable to the performance of the Work and this Agreement. 15.0 CONTRACT PRICE, INVOICING AND PAYMENTS The Contract Price herein agreed to be paid by the ENGINEER to the CONTRACTOR shall be in compensation for the performance and completion of the Work, and not as per diem compensation for the number of days which the parties may estimate as necessary for the prosecution of the Work. It is further agreed that the time or times specified herein shall not be construed to limit and restrict the obligation of CONTRACTOR to such period, but CONTRACTOR shall proceed with the Work during all such times as shall be necessary to perform and complete the Work, at no further expense to the ENGINEER than as herein stated. CONTRACTOR and ENGINEER agree that the total price payable to CONTRACTOR for the Work and for each and every matter, thing or act performed, furnished or suffered in the full and complete performance and completion of the Work of this Agreement is in accordance with the terms, conditions and provisions hereof, except changes or additions covered by Change Orders (which shall be paid for as provided below). ENGINEER and CONTRACTOR have mutually agreed upon a progress billing schedule whereby CONTRACTOR is to receive progress payments for 1) the completion of phases of construction as indicated in the Bid Form. The progress of Work is initially determined by ENGINEER, subject to confirmation and approval by the OWNER in writing. The fact that ENGINEER makes progress payments under this Agreement shall not be construed as approval of the Work performed by CONTRACTOR. Upon completion of each phase of construction, CONTRACTOR shall furnish to ENGINEER an invoice on a mutually agreed upon form in accordance with the provisions herein, (the “Progress Payment Invoices”) along with its current summary schedule. CONTRACTOR shall certify with each Progress Payment Invoice that the Work is progressing substantially in accordance with the summary schedule accompanying each Progress Payment Invoice. CONTRACTOR's invoices shall include the following information on the first page of each invoice: a) Project Name; b) F&R’s Project Number and; c) Contract Price. The Progress Payment Invoice shall constitute a representation by the CONTRACTOR to the ENGINEER that the construction has progressed to the point indicated; the quality of the Work covered by the application is in accordance with this Agreement; and the CONTRACTOR is entitled to payment in the amount requested. To the extent permitted by law, ENGINEER shall pay to CONTRACTOR the amounts due to CONTRACTOR as requested in each mutually agreed upon Progress Payment Invoice by the thirtieth (30th) calendar day following ENGINEER's receipt of payment for such Work from the OWNER; provided, however, that the amounts due to CONTRACTOR shall be reduced by five percent (5%) of each progress payment until the sum of progress payments equals 50 percent (50%) of the Total Base Bid, at which time the ENGINEER shall not retain any further retainage from periodic payments due the CONTRACTOR if the CONTRACTOR continues to perform satisfactorily and any nonconforming work identified in writing prior to that time by the ENGINEER or OWNER has been corrected by the CONTRACTOR and accepted by the ENGINEER or OWNER, it being further understood and expressly agreed that receipt of payment by ENGINEER from OWNER shall be a condition precedent to ENGINEER's obligation to pay CONTRACTOR under this Agreement. If ENGINEER receives payment from OWNER for less than the full value of materials delivered to the site but not yet incorporated into the Work, or for less than full requested value of the Work performed, then the amount due CONTRACTOR on account thereof shall be proportionately reduced. All such invoices shall be submitted to ENGINEER in accordance with the requirements of the Prime Contract and OWNER's invoice format. ENGINEER shall pay CONTRACTOR the balance of the Agreement Price remaining due after all prior payments hereunder within thirty (30) days after the receipt by ENGINEER of payment for the same from the OWNER. The making of such final payment shall not constitute a waiver, release or accord and satisfaction of any rights of ENGINEER under this Agreement. Exhibit B 00500- 10 CONTRACTOR's invoice shall include an itemized statement of charges and copies of receipts for properly reimbursable expenses included in the scope of work and shall state any prompt payment discounts. CONTRACTOR agrees that prices agreed upon are lawful and shall remain fixed until all material or services have been delivered and accepted unless otherwise agreed to in writing by the parties. Should CONTRACTOR invoice ENGINEER for an amount which exceeds the agreed upon amount as specified in any applicable Change Order(s), ENGINEER shall deduct such additional amount and CONTRACTOR agrees to accept payment based on such deduction as payment in full. ENGINEER may offset any amount due from CONTRACTOR, whether or not any Change Order is issued to CONTRACTOR, and ENGINEER may withhold from CONTRACTOR any amount sufficient to reimburse ENGINEER for any loss, damage, expense, or liability for CONTRACTOR's actual or alleged failure to comply with the provisions of this Agreement. 15.1 CONTRACTOR shall prepare all invoices in a form satisfactory to and approved by ENGINEER. In the event an invoice is submitted, in accordance with Contract terms, for Work accomplished on other than a solely lump sum basis, it shall be accompanied by documentation supporting each element of measurement and/or cost. Any invoice submitted which fails to comply with the terms of this Agreement, including the requirements of form and documentation, may be returned to CONTRACTOR. Any costs associated with the resubmission of a proper invoice shall be charged to CONTRACTOR's account. All overtime charges must be authorized in writing by ENGINEER in advance of incurring of such charges. 15.2 The Final and/or Retention Invoice shall be submitted for final payment after completion and acceptance of Work by ENGINEER and compliance by CONTRACTOR with all terms of this Agreement. This invoice shall contain a complete itemized listing of Progress and Additional Work Invoices by number, date, gross amount, retention amount, and the total amount of sums retained and due. It shall also contain, or be supported by a written acceptance of the Work signed by ENGINEER and a certification and release in accordance with Article 18.0, FINAL PAYMENT CERTIFICATION AND RELEASE. Unless otherwise required by applicable law, final payment shall not be made less than forty‐five (45) calendar days after completion and acceptance of all Work and in any event, shall not be sooner than thirty (30) calendar days after receipt of a proper invoice and supporting documents satisfactory to ENGINEER. Final payment shall not relieve CONTRACTOR of any obligation under this Agreement. For the purposes of this Agreement, the Work shall be deemed to be completed when 1) ENGINEER approves the completed Work, and 2) care, custody and control of the completed Work in "broom clean" condition passes to and is accepted by the OWNER. 16.0 LIENS CONTRACTOR agrees to defend, indemnify and hold harmless ENGINEER and OWNER from and against all laborers', materialmen's, and mechanics' liens arising from CONTRACTOR's performance of the Work, and shall keep the premises of OWNER and ENGINEER free from all such claims, liens, and encumbrances. To the full extent permitted by law, CONTRACTOR waives all rights of mechanic's lien against the property and premises of OWNER and ENGINEER. If CONTRACTOR fails to release and discharge any claim of lien of others against ENGINEER or OWNER's property within five (5) working days after receipt of notice from ENGINEER to remove such claim of lien, ENGINEER may, at its option, discharge or release the claim of lien, or otherwise deal with the lien claimant, and CONTRACTOR shall pay ENGINEER any and all costs and expenses of ENGINEER in so doing, including reasonable attorneys' fees incurred by ENGINEER. In the event any claim has been asserted against CONTRACTOR, ENGINEER or its client, or any lien has been filed with respect to the work performed, further payment shall not become due until all such claims or liens have been released and/or discharged without cost or expense to ENGINEER. ENGINEER may, in CONTRACTOR's default of its obligation to do so, procure the release of any such claim or lien, and deduct all Exhibit B 00500- 11 costs and expenses incurred in so doing from any money due hereunder or to use monies owed on other projects to offset costs and expenses. If final payment has been made, CONTRACTOR shall reimburse ENGINEER for all monies paid to release any such claim or lien. CONTRACTOR shall complete and submit with every invoice a Conditional Waiver and Release of Lien Rights form, Exhibit G. Invoices submitted without this completed form attached will be returned to the CONTRACTOR. ENGINEER has the right to issue dual party checks or pay a second tier subcontractor/vendor directly. Second tier subcontractors/vendors must issue an Unconditional Release of Lien to the CONTRACTOR and CONTRACTOR shall include such release when requesting payment from ENGINEER. 17.0 DOCUMENTATION AND RIGHT OF AUDIT CONTRACTOR shall maintain all records and accounts pertaining to Work performed for a period of at least two (2) years after final payment, or longer period if required by the Prime Contract. ENGINEER and/or OWNER shall have the right to audit, copy and inspect said records and accounts at all reasonable times during the course of such Work and for the above two‐year period for the purpose of verifying costs incurred by CONTRACTOR. 18.0 FINAL PAYMENT CERTIFICATION AND RELEASE ENGINEER shall not be obligated to make final payment to CONTRACTOR until CONTRACTOR has delivered to ENGINEER a certificate and release satisfactory to ENGINEER that CONTRACTOR has fully performed under this Agreement and that all claims of CONTRACTOR for the Work are satisfied upon the making of such final payment, that no property of OWNER or ENGINEER is subject to any unsatisfied lien or claim as a result of performance of the Work, that all rights of lien against ENGINEER and OWNER's property in connection with the Work are released (including without limitation, if ENGINEER requests, releases of lien satisfactory in form to ENGINEER executed by all parties who by reason of furnishing materials, labor or other services for the Work could attach a lien against ENGINEER or OWNER's property), and that CONTRACTOR has paid in full all outstanding obligations against the Work. 19.0 CLAIMS CONTRACTOR shall immediately notify ENGINEER orally of any event which CONTRACTOR believes may give rise to a claim by CONTRACTOR for an increase in the Contract Price or in the scheduled time for performance. Within five (5) working days after the happening of such event, CONTRACTOR shall supply ENGINEER with a written statement supporting CONTRACTOR's claim, which statement shall include CONTRACTOR's detailed estimate of the change in Contract Price or schedule. ENGINEER shall not be liable for, and CONTRACTOR hereby waives, any claim or potential claim of CONTRACTOR of which CONTRACTOR knew or should have known and which was not reported by CONTRACTOR in accordance with the provisions of this Article. CONTRACTOR agrees to continue performance of the Work during the time any claim of CONTRACTOR hereunder is pending. ENGINEER shall not be bound to any adjustments in the Contract Price or scheduled time for CONTRACTOR's claim unless expressly agreed to by ENGINEER in writing through a Change Order as provided for in this Agreement. No claim hereunder by CONTRACTOR shall be allowed if asserted after final payment under this Agreement. 20.0 INDEMNITY 20.1 CONTRACTOR agrees to defend, indemnify and hold harmless ENGINEER and OWNER, the affiliated companies of each, and all of their directors, officers, employees, agents and representatives, from and against any claim, demand, cause of action, liability, loss or expense including, but not limited to attorneys’ fees and other costs of litigation, arising from or relating to: 20.1.1 CONTRACTOR's failure to comply with any law, ordinance, regulation, rule or order, or with this Agreement. This Section includes, but is not limited to, fines or penalties by Exhibit B 00500- 12 government authorities and claims arising from CONTRACTOR's failure to pay taxes. 20.1.2 CONTRACTOR's violation or infringement of rights in any patent, copyright, proprietary information, trade secret or other property right caused or alleged to be caused by the use or sale of goods, materials, equipment, methods, processes, designs or information, including construction methods, construction equipment and temporary construction facilities, furnished by CONTRACTOR or its subcontractors in performance of the Work. Should any goods or services provided by CONTRACTOR become the subject of a claim of infringement of a patent, copyright or other property right, CONTRACTOR shall, at ENGINEER's option, either procure for ENGINEER and OWNER the right to continue using such goods or services, replace same with equivalent, non‐infringing goods or services, or modify the goods or services so that the use thereof becomes non‐infringing, provided that any such modification or replacement is of equal quality and provides equal performance to the infringing goods or services. 20.1.3 Injury to or death of persons (including employees of ENGINEER, OWNER, CONTRACTOR and CONTRACTOR's subcontractors) or from damage to or loss of property (including the property of ENGINEER or OWNER) arising directly or indirectly out of this Agreement or out of any acts or omissions of CONTRACTOR or its subcontractors. CONTRACTOR's defense and indemnity obligations hereunder include claims and damages arising from use by CONTRACTOR of construction equipment, tools, scaffolding or facilities furnished to CONTRACTOR by ENGINEER or OWNER. 20.1.4 CONTRACTOR's contamination, pollution, or public or private nuisance, arising directly or indirectly out of this Agreement or out of any acts or omissions of CONTRACTOR, its subcontractors or suppliers. 20.2 CONTRACTOR's indemnity obligations shall apply regardless of whether the party to be indemnified was concurrently negligent, whether actively or passively, excepting only where the injury, loss or damage was caused solely by the negligence or willful misconduct of the party to be indemnified. However, CONTRACTOR shall only be liable for its proportionate share of liability for any injury, loss or damage caused in part by the negligence or willful misconduct of any party other than CONTRACTOR, its employees or subcontractors. CONTRACTOR's defense and indemnity obligations shall include the duty to reimburse any attorneys' fees and expenses incurred by ENGINEER or OWNER for legal action to enforce CONTRACTOR's indemnity obligations. 20.3 In the event that any indemnity provisions of this Agreement are contrary to the law governing this Agreement, then the indemnity obligations applicable hereunder shall be construed to be to the fullest extent allowed by applicable law. 20.4 With respect to claims by employees of CONTRACTOR or its subcontractors, the indemnity obligations created under this Agreement shall not be limited by the fact of, amount, or type of benefits or compensation payable by or for CONTRACTOR, its subcontractors or suppliers under any workers' compensation, disability benefits, or other employee benefits acts or regulations, and CONTRACTOR waives any limitation of liability or immunity arising from workers' compensation or such other acts or regulations. 20.5 CONTRACTOR acknowledges specific payment of $100.00 incorporated into the Contract Price as legal consideration for CONTRACTOR's indemnity obligations as may be provided in this Agreement. Exhibit B 00500- 13 21.0 SUBCONTRACTS 21.1 This Agreement is personal to CONTRACTOR, and CONTRACTOR shall not subcontract performance of all or any portion of the Work under this Agreement without first notifying ENGINEER of the intended subcontracting and obtaining ENGINEER's approval in writing. If requested by ENGINEER, CONTRACTOR shall furnish ENGINEER a copy of the proposed subcontract (with price deleted if the subcontracted work is part of fixed price Work of CONTRACTOR under this Contract) for ENGINEER's approval of the terms and conditions thereof and shall not execute such subcontract until ENGINEER has approved such terms. Failure of CONTRACTOR to comply with this Section may be deemed by ENGINEER to be a material breach of this Agreement. 21.2 CONTRACTOR guarantees that any and all subcontractors of CONTRACTOR for performance of the Work will comply fully with the terms of this Agreement applicable to the portion of the Work performed by them. 22.0 INSPECTION AND ACCESS ENGINEER and OWNER shall at all times have access to the Work wherever it is in preparation or progress, and CONTRACTOR shall provide sufficient, safe and proper facilities for such access and inspection thereof. Inspection or lack of inspection by ENGINEER and/or OWNER shall not be deemed to be a waiver of any of their rights under CONTRACTOR's guarantees or of their right to subsequently reject defective Work. 23.0 CONDITIONS AND RISKS OF WORK CONTRACTOR represents that, to the extent necessary to perform the Work, it has examined and acquainted itself with the conditions relevant to the Work, the site, and its surroundings, and CONTRACTOR assumes the risk of such conditions and will fully complete the Work for the stated Contract Price. Information on the site and local conditions at such site furnished by ENGINEER or OWNER is not guaranteed by ENGINEER or OWNER and is furnished for the convenience only of CONTRACTOR. 24.0 BONDS When required by ENGINEER, CONTRACTOR shall furnish performance and payment bonds with ENGINEER as obligee, each in an amount at least equal to its contract price, for the faithful performance of the Work and for the prompt payment of all CONTRACTOR's obligations incurred under this Agreement. These bonds shall remain in effect for at least until one year after the date when the CONTRACTOR's final payment becomes due and thereafter so long as CONTRACTOR's obligations continue with respect to the Work or the CONTRACTOR's warranties relating thereto. All bonds shall be issued and executed by a surety company acceptable to the ENGINEER, and on forms for performance bond and payment bond that are acceptable to ENGINEER. Bond(s) shall be attached hereto as an Exhibit. 25.0 SAFETY AND HEALTH LAWS AND REGULATIONS While on the premises of ENGINEER or OWNER, CONTRACTOR and its employees, subcontractors and agents shall comply with the requirements of the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended, and any State plan approved under such Act, and the regulations thereunder, to the extent applicable, and shall comply with the safety, health and plant regulations of ENGINEER and OWNER and shall ensure that all his employees, sub‐ subcontractors and agents have a safe place of work on the premises of ENGINEER or OWNER. 26.0 ENVIRONMENTAL COMPLIANCE Unless specifically agreed otherwise in this Agreement, CONTRACTOR is not, and has no authority to act as, a handler, generator, operator, treater or storer, transporter or disposer of hazardous or toxic substances found or Exhibit B 00500- 14 identified at a site, and OWNER shall undertake all such functions. CONTRACTOR assumes the risk of, and shall indemnify, defend and hold harmless OWNER and ENGINEER from any and all claims, damage, suits, losses and expenses in any way arising from such activities. CONTRACTOR represents and warrants that it will conduct all work in compliance with all applicable federal, state and local environmental statutes, ordinances and implementing regulations, including all obligations under the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Superfund Amendments and Reauthorization Act (SARA) governing the handling, treatment, transportation, storage, or disposal of hazardous waste, substances, samples or residue. 27.0 CONFIDENTIAL INFORMATION 27.1 CONTRACTOR and its employees and agents shall hold in confidence the materials and information which is developed by CONTRACTOR for OWNER or ENGINEER in the performance and completion of CONTRACTOR's Work under this Agreement, until released in writing by ENGINEER, except to the extent such materials and information become part of public domain information through no fault of CONTRACTOR or its employees. 27.2 CONTRACTOR agrees that CONTRACTOR, its employees, agents and subcontractors will hold confidential and not divulge to third parties without the written consent of ENGINEER any information obtained by CONTRACTOR from or through ENGINEER or OWNER in connection with CONTRACTOR's performance of this Agreement, unless (a) the information was known to CONTRACTOR prior to obtaining same from ENGINEER or OWNER and was not obtained under a secrecy obligation to ENGINEER or OWNER pursuant to a prior contract; (b) the information was at the time of disclosure to CONTRACTOR, or thereafter becomes, part of the public domain but not as a result of fault or an unauthorized disclosure of CONTRACTOR or its employees, agents or subcontractors; (c) the information was obtained by CONTRACTOR from a third party who did not receive the same, directly or indirectly, from ENGINEER or OWNER and who had, to CONTRACTOR's knowledge and belief, the right to disclose the same; or (d) required by law. 28.0 INDEPENDENT CONTRACTOR Nothing in this Agreement shall be deemed to constitute CONTRACTOR or any of CONTRACTOR's employees or agents to be the agent, representative or employee of ENGINEER or OWNER. CONTRACTOR shall be an independent CONTRACTOR and shall have responsibility for and control over the details and means for performing the Work and shall be subject to the directions of ENGINEER only with respect to the scope and general results required. 29.0 EMPLOYMENT PRACTICES 29.1 In connection with its performance under this Subcontract, CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, sexual orientation or affectional preference, national origin, ancestry, citizenship, genetics, physical or mental disability or because he or she has protected veteran status. CONTRACTOR certifies that it has an affirmative action policy ensuring equal employment opportunity without regard to race, color, national origin, sex, age, religion, protected veteran status or disability, that it maintains no employee facilities segregated on the basis of race, color, religion or national origin and that it is not debarred or suspended from being awarded federal or federally assisted contracts. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, Exhibit B 00500- 15 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 29.2 THE FOLLOWING CLAUSES ARE HEREBY INCORPORATED AND APPLY AS FOLLOWS: 41 CFR § 60‐1.4(a) TO ALL SUBCONTRACTS FOR ANY FEDERAL CONTRACT IN EXCESS OF $10,000 41 CFR § 60‐4.3(a) TO ALL SUBCONTRACTS FOR FEDERALLY ASSISTED CONSTRUCTION CONTRACTS IN EXCESS OF $10,000 41 CFR § 60‐300.5(a) TO ALL SUBCONTRACTS FOR ANY FEDERAL CONTRACT IN EXCESS OF $100,000 OR MORE 41 CFR § 60‐741.5(a) TO ALL SUBCONTRACTS FOR ANY FEDERAL CONTRACT IN EXCESS OF $10,000 CONTRACTOR shall abide by the requirements of 41 CFR § 60‐1.4(a), 60‐4.3(a), 60‐300.5(a) and 60‐741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. 29.3 Upon request of ENGINEER, CONTRACTOR will furnish it with a certificate satisfactory in form to ENGINEER that goods furnished by CONTRACTOR in performance of this Agreement were produced in full compliance with the requirements of Sections 6, 7, and 12 of the Fair Labor Standards Act of 1938, as amended, and the regulations and orders of the U.S. Department of Labor issued under Section 14 thereof. 30.0 ASSIGNMENT CONTRACTOR shall not assign this Agreement wholly or in part, voluntarily, by operation of law, or otherwise without first obtaining the written consent of ENGINEER. Any assignment of this Agreement in violation of the foregoing shall be, at the option of ENGINEER, void. Subject to the foregoing, the provisions of this Agreement shall extend to the benefit of and be binding upon the successors and assigns of the parties hereto. ENGINEER reserves the right at its sole option to assign this Agreement to OWNER, OWNER's affiliates, or to ENGINEER affiliates. 31.0 CLEANUP Where performance of the Work hereunder requires CONTRACTOR's presence on ENGINEER or OWNER's premises and the vicinity thereof clean of any debris and rubbish caused by its Work and, on completion of its Work, shall leave such premises broom clean and ready for use. 32.0 PUBLICITY CONTRACTOR shall not grant any interview or make any written or oral statement to any news media representative regarding the Project or the Work nor publish any article or make any presentation concerning the Project or the Work without the prior written consent of the ENGINEER. 33.0 COMMUNICATIONS All communications pursuant to or in connection with this Agreement shall be marked with ENGINEER's Subcontract Number and shall be made in accordance with the provisions as specified in specific scopes of work. Exhibit B 00500- 16 34.0 LAWS, REGULATIONS AND ETHICS 34.1 CONTRACTOR shall not under any circumstances apply to or enter into negotiations with any governmental authority or agency for acceptance of variations from or revisions to safety or health, or air, water or noise pollution, laws or regulations relating to this Agreement or to the performance thereof, without ENGINEER and OWNER's prior written approval. 34.2 This Agreement shall be subject to the law and jurisdiction of the Prime Contract. 34.3 CONTRACTOR warrants, in connection with the Work provided under this Agreement, to comply with all applicable anti‐corruption laws, including the laws of any country in which Work is performed, and the U.S. Foreign Corrupt Practices Act. 34.4 CONTRACTOR warrants and represents, that in connection with the Work performed under this Agreement, CONTRACTOR has not and will not directly or indirectly offer, promise, authorize or give anything of value to anyone (including a Government Official) with the intention to: 1) improperly influence someone to obtain or retain business or gain an improper advantage; or 2) cause or reward improper performance of official, business, or professional obligations. “Government Official” means any: 1) officer or employee of a government or any department, agency or instrumentality thereof including state‐owned or controlled companies; (2) officer or employee of a public international organization such as the United Nations, World Bank, and any other international development organization; (3) person acting in an official capacity for or on behalf of any such government, department, agency, instrumentality, or public international organization; or (4) political party, political party official, or candidate for political office. 34.5 CONTRACTOR will notify ENGINEER, in writing, of any CONTRACTOR owner, officer, director, employee, agent, partner, or any person engaged by CONTRACTOR to perform Work under this Agreement that CONTRACTOR knows is a Government Official in a position of authority or influence relating to ENGINEER’S business or a family member of such a Government Official. 34.6 CONTRACTOR will inform ENGINEER in writing, promptly if, at any time, there is a change to any representation made in this paragraph. CONTRACTOR shall also certify compliance with this paragraph upon request of ENGINEER. 35.0 ARBITRATION OPTION In the event that ENGINEER is required to arbitrate a dispute with a third party, which dispute arises out of or is directly related to this Agreement, CONTRACTOR agrees to join in such arbitration proceeding as ENGINEER may direct and shall submit to such jurisdiction and be finally bound by the judgment rendered in accordance with the arbitration rules as may be established therein. 36.0 VALIDITY OF PROVISIONS In the event any section, or any part or portion of any section of this Agreement shall be held to be invalid, void or otherwise unenforceable, such holding shall not affect the remaining part or portions of that section, or any other section hereof. 37.0 WAIVER ENGINEER's failure to insist on performance of any term, condition, or instruction, or to exercise any right or privilege Exhibit B 00500- 17 included in this Agreement, or its waiver of any breach, shall not thereafter waive any such term, condition, instruction, and/or any right or privilege. 38.0 SURVIVAL The provisions of this Agreement which by their nature are intended to survive the termination, cancellation, completion or expiration of this Agreement shall continue as valid and enforceable obligations of the parties notwithstanding any such termination, cancellation, completion or expiration. 39.0 DISPUTES 39.1 In case of any disputes between the CONTRACTOR and the ENGINEER, CONTRACTOR agrees to be bound to ENGINEER to the same extent that ENGINEER is bound to OWNER both by the terms of the Prime Contract and by any and all decisions or determinations made thereunder by the party or board as authorized in the Prime Contract. It is agreed that in the event the Prime Contract contains a provision, hereinafter called "Disputes" clause, whereby claims may be resolved under an administrative procedure or by arbitration, then as to any claims of CONTRACTOR for or on account of acts or omissions of the OWNER or OWNER's Representative which are not disposed of by agreement, the ENGINEER agrees to present to the OWNER, in ENGINEER's name, all of CONTRACTOR's claims for additional monetary compensation or time extension which have been properly made to ENGINEER; and to further invoke, on behalf of the CONTRACTOR, those provisions in the Prime Contract for determining disputes. ENGINEER shall have the option to present such claims on CONTRACTOR's behalf, in advance of and even without CONTRACTOR's written request. CONTRACTOR shall have full responsibility for preparation and presentation of such claims and shall bear all expenses thereof, including attorneys' fees. CONTRACTOR agrees to be bound by the procedure and final determinations as specified in any such Disputes clause, and agrees that it will not take, or will suspend, any other action or actions with respect to any such claims and will pursue no independent litigation with respect thereto, pending final determination under such Disputes clause. CONTRACTOR shall not be entitled to receive any greater amount from ENGINEER than ENGINEER is entitled to and actually does receive from the OWNER on account of CONTRACTOR's Work, less any markups or costs incurred by the ENGINEER and to which ENGINEER is otherwise entitled, and CONTRACTOR agrees that it will accept such amount, if any, received by ENGINEER from OWNER as full satisfaction and discharge of all claims for or on account of acts or omissions of the OWNER or OWNER's Representative. 39.2 CONTRACTOR shall be bound by ENGINEER's determination, made in good faith, as to apportionment of any amounts received from OWNER for claimants including ENGINEER and other subcontractors, whose work is affected by any act or omission of the OWNER or OWNER's Representative. 39.3 In the event of any dispute between the parties arising out of or in connection with the contract or the services or work contemplated herein; the parties agree to first make a good faith effort to resolve the dispute informally. Negotiations shall take place between the designated principals of each party. If the parties are unable to resolve the dispute through negotiation within 45 days, then either party may give written notice within 10 days thereafter that it elects to proceed with non‐binding mediation pursuant to the commercial mediation rules of the American Arbitration Association. In the event that mediation is not invoked by the parties or that the mediation is unsuccessful in resolving the dispute, then either party may submit the controversy to a court of competent jurisdiction. The foregoing is a condition precedent to the filing of any action other than an action for injunctive relief or if a Statute of Limitations may expire.Each party shall be responsible for its own costs and expenses including attorneys' fees and court costs incurred in the course of any dispute, mediation, or legal proceeding. The fees of the mediator and any filing fees shall be shared equally by the parties. Exhibit B 00500- 18 40.0 FORCE MAJEURE Neither Party shall be liable for or deemed in breach hereof because of any delay in the performance of its obligations to the extent caused by circumstances beyond its control and that could not have been prevented by the exercise of due diligence, including but not limited to fires, natural disasters, riots, wars, labor strikes, catastrophic weather conditions, or acts of God. CONTRACTOR will immediately notify ENGINEER orally of any such event and shall confirm same in writing within five (5) days after the beginning of any such event which would affect its performance. Unless otherwise agreed to by ENGINEER in writing, CONTRACTOR’s failure to so notify ENGINEER shall preclude CONTRACTOR from asserting any claim for additional compensation or an extension in the time for performance. 41.0 THIRD PARTY BENEFICIARY The Parties acknowledge and expressly agree that the Owner shall be an intended third‐party beneficiary of this Agreement and shall have all rights available under the law. 42.0 MISCELLANEOUS The Parties acknowledge and agree that terms and conditions of this Agreement have been freely and fairly negotiated. Each Party acknowledges that in executing this Agreement they have relied solely on their own judgment, belief and knowledge and such advice as they may have received from their own counsel. No provision in this Agreement is to be interpreted for or against any Party because that Party or its legal counsel drafted such provision. This Agreement is intended by the Parties as the final, complete and exclusive expression of the terms and conditions of their agreement. No prior dealings between the Parties and no usage of the trade shall be relevant to supplement this Agreement, and this Agreement shall supersede all other written and/or oral agreements between ENGINEER and CONTRACTOR. Unless otherwise agreed to in writing by ENGINEER, any terms or qualifications contained in any documentation generated by CONTRACTOR in connection with this Agreement that are inconsistent with the terms hereof are hereby rejected, and shall be void and of no effect. Exhibit C 00500- 19 Exhibit C Supplementary Terms and Conditions Exhibit C 00500- 20 SUPPLEMENTARY TERMS AND CONDITIONS TABLE OF CONTENTS PART I ‐ AMENDMENTS TO EXHIBIT B TERMS AND CONDITIONS Article Number Title 6.0 CHANGES Exhibit C 00500- 21 FINAL RECEIPT Contract: Received this day of A.D., 20 of as full and final payment of the cost of all improvements provided for in the foregoing contract the sum of Dollars and Cents, ($ ), in cash, being the full amount accruing to the undersigned by virtue of said Contract, said cash covering and including full payment for all extra work and material furnished by the undersigned in the construction of said improvements, and all incidentals thereto, and the undersigned hereby releases the said from all claims whatsoever growing out of the said Contract. These presents are to certify that all persons doing work upon or furnishing materials or supplies for said improvements under the foregoing Contract have been paid in full. The undersigned further certifies that all taxes imposed by Chapter 212, North Carolina Statues (Sales and Use Tax Act), as amended, have been paid and discharged. CONTRACTOR By: (Seal) (Typewritten Name) Exhibit C 00500- 22 FIELD ORDER FIELD ORDER NO.: DATE: PROJECT: RE: TO CONTRACTOR: This Field Order is issued to interpret/clarify the Contract Documents, order minor changes in the work, and/or memorialize trade off agreements. Both parties hereby agree that the work described by this Field Order is to be accomplished without change in Contract Price, Contract Time, and/or claims with other costs. DESCRIPTION: ATTACHMENTS: REFERENCES: Froehling & Robertson, Inc. CONTRACTOR: By: By: Date: Date: cc: WORK CHANGE DI RECTIVE Exhibit C 00500- 23 No. PROJECT Date of Issuance Effective Date Owner Owner's Contract No. CONTRACTOR ENGINEER You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments (List documents supporting change): If a claim is made that the above change(s) have affected Contract Price or Contract Times, any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Times: Unit Prices ( ) CONTRACTOR’s records Unit Sum ENGINEER’s records Other Other Estimated (increase/decrease) in Contract Price: Estimated (increase/decrease) in Contract Times: $ Substantial Completion: days; Ready for final payment: days; If the change involves an increase, the estimated amount is not to be exceeded without further authorization. If the change involves an increase, the estimated times are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: ENGINEER OWNER By: (Authorized Signature) By: (Authorized Signature) WORK CHANGE DI RECTIVE Exhibit C 00500- 24 INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a possible change in the Contract Price or the Contract Times a Field Order may be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM ENGINEER initiates the form, including a description of the items involved and attachments. Based on conversations between ENGINEER and CONTRACTOR, ENGINEER completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or CONTRACTOR may stop the changed Work when the estimated price is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked “Not Applicable.” METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT TIMES: Mark the method to be used in determining the change in Contract times and the estimated increase or decrease in Contract Times. If the changes involves an increase in the Contract Times and the estimated times are approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the times or CONTRACTOR may stop the changed Work when the estimated times are reached. If the Work Change Directive is not likely to change the Contract Times, the space for estimated increase (decrease) should be marked “Not Applicable.” Once ENGINEER has completed and signed the form, all copies should be sent to OWNER for authorization because ENGINEER alone does not have authority to authorize changes in Price or Times. Once authorized by OWNER, a copy should be sent by ENGINEER to CONTRACTOR. Price and times may only be changed by Change Order signed by ENGINEER and CONTRACTOR. Once the Work covered by this directive is completed or final cost and times are determined. CONTRACTOR should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. Exhibit C 00500- 25 CHANGE ORDER NO. PROJECT Date of Issuance Effective Date OWNER OWNER's Contract No. CONTRACTOR ENGINEER CONTRACTOR is directed to make the following changes in the Contract Documents. Description: Attachments: CHANGE IN CONTRACT PRICE: Original Contract Price $ CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion: Ready for Net changes from previous Change OrdersNo. to No. Net changefrom previous Change Orders No. to No. Contract Price prior to this Change Order $ Contract Times prior to this Change Order Substantial Completion: Ready for final payment:Net Increase (decrease) of this ChangeOrder $ Net Increase(decrease) of this ChangeOrder Days Contract Price with all approved ChangeOrders $ ContractTimeswith all approved Change Orders Substantial Completion: Ready for final payment: Exhibit C 00500- 26 RECOMMENDED: APPROVED: ACCEPTED: By: By: By: _ ENGINEER OWNER CONTRACTOR (Authorized Signature) (Authorized Signature) (Authorized Signature) Date: Date: Date: IN WITNESS WHEREOF, we have hereunto caused the execution of these premises. {Company Name} CORPORATE SEAL {City, State} By: Signature Title Date: Witness Signature ATTEST/WITNESS: Secretary of Corporation Witness Signature Owner: ATTEST: Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Date: Exhibit C 00500- 27 ATTACHMENT "A" CHANGE ORDER NO. SUPPORTING DOCUMENTATION Change Order Item No. Description Exhibit C 00500- 28 CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling Contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of a cumulating change order items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM ENGINEER initiates the form, including a description of the changes involved and attachments based upon Documents and proposals submitted by CONTRACTOR, or requests from OWNER, or both. Once ENGINEER has completed and signed the form, all copies should be sent to CONTRACTOR for approval. After approval, by CONTRACTOR, all copies should be sent to OWNER for approval. ENGINEER should make distribution of executed copies after approval by OWNER. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply. Exhibit C 00500- 29 CONTRACTOR’S RELEASE OF OWNER The CONTRACTOR, known as , for the construction of , hereby and forever releases the OWNER, known as , its officers, agents, and ENGINEERs, Froehling & Robertson, Inc., from all past, present, and future claims and liability to the CONTRACTOR for anything done or furnished for, relating to, or for any act of neglect of the OWNER, its ENGINEERs, or any persons relating to or affecting the work. CONTRACTOR’s Certification: CONTRACTOR: Authorized Representative: Date: Exhibit C 00500- 30 CONSENT OF SURETY COMPANY TO FINAL PAYMENT PROJECT: ENGINEER: CONTRACTOR: CONTRACT DATE: TO: In accordance with the provisions of the Contract between the ENGINEER, known as , and the CONTRACTOR, known as , the Surety Company, known as CONTRACTOR, , on bond of CONTRACTOR, hereby approves of the final payment to and agrees that final payment to CONTRACTOR shall not relieve the Surety Company of any of its obligations to the ENGINEER as set forth in said Surety Company's bond. In witness whereof, the Surety Company has hereunto set its hand this day of in the year . Surety Company Signature of Authorized Representative (Seal) Typed Name and Title of Authorized Representative This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 AMERICAN COUNCIL OF ENGINEERING COMPANIES ______________________ ASSOCIATED GENERAL CONTRACTORS OF AMERICA ______________________ AMERICAN SOCIETY OF CIVIL ENGINEERS _______________________ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology............................................................................................................................................. 6 1.01 Defined Terms............................................................................................................................................................. 6 1.02 Terminology................................................................................................................................................................ 9 Article 2 – Preliminary Matters............................................................................................................................................................ 9 2.01 Delivery of Bonds and Evidence of Insurance........................................................................................................... 9 2.02 Copies of Documents................................................................................................................................................ 10 2.03 Commencement of Contract Times; Notice to Proceed........................................................................................... 10 2.04 Starting the Work ...................................................................................................................................................... 10 2.05 Before Starting Construction..................................................................................................................................... 10 2.06 Preconstruction Conference; Designation of Authorized Representatives.............................................................. 10 2.07 Initial Acceptance of Schedules................................................................................................................................ 10 Article 3 – Contract Documents: Intent, Amending, Reuse............................................................................................................. 11 3.01 Intent.......................................................................................................................................................................... 11 3.02 Reference Standards.................................................................................................................................................. 11 3.03 Reporting and Resolving Discrepancies................................................................................................................... 11 3.04 Amending and Supplementing Contract Documents............................................................................................... 12 3.05 Reuse of Documents.................................................................................................................................................. 12 3.06 Electronic Data.......................................................................................................................................................... 12 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points12 4.01 Availability of Lands................................................................................................................................................. 12 4.02 Subsurface and Physical Conditions......................................................................................................................... 13 4.03 Differing Subsurface or Physical Conditions........................................................................................................... 13 4.04 Underground Facilities.............................................................................................................................................. 14 4.05 Reference Points........................................................................................................................................................ 15 4.06 Hazardous Environmental Condition at Site ............................................................................................................ 15 Article 5 – Bonds and Insurance........................................................................................................................................................ 16 5.01 Performance, Payment, and Other Bonds................................................................................................................. 16 5.02 Licensed Sureties and Insurers.................................................................................................................................. 17 5.03 Certificates of Insurance............................................................................................................................................ 17 5.04 Contractor’s Insurance .............................................................................................................................................. 17 5.05 Owner’s Liability Insurance...................................................................................................................................... 18 5.06 Property Insurance..................................................................................................................................................... 18 5.07 Waiver of Rights ....................................................................................................................................................... 19 5.08 Receipt and Application of Insurance Proceeds....................................................................................................... 20 5.09 Acceptance of Bonds and Insurance; Option to Replace......................................................................................... 20 5.10 Partial Utilization, Acknowledgment of Property Insurer........................................................................................ 20 Article 6 – Contractor’s Responsibilities........................................................................................................................................... 21 6.01 Supervision and Superintendence............................................................................................................................. 21 6.02 Labor; Working Hours.............................................................................................................................................. 21 6.03 Services, Materials, and Equipment.......................................................................................................................... 21 6.04 Progress Schedule...................................................................................................................................................... 21 6.05 Substitutes and “Or-Equals” ..................................................................................................................................... 21 6.06 Concerning Subcontractors, Suppliers, and Others.................................................................................................. 23 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 6.07 Patent Fees and Royalties.......................................................................................................................................... 24 6.08 Permits....................................................................................................................................................................... 25 6.09 Laws and Regulations ............................................................................................................................................... 25 6.10 Taxes.......................................................................................................................................................................... 25 6.11 Use of Site and Other Areas...................................................................................................................................... 25 6.12 Record Documents.................................................................................................................................................... 26 6.13 Safety and Protection................................................................................................................................................. 26 6.14 Safety Representative................................................................................................................................................ 27 6.15 Hazard Communication Programs............................................................................................................................ 27 6.16 Emergencies............................................................................................................................................................... 27 6.17 Shop Drawings and Samples..................................................................................................................................... 27 6.18 Continuing the Work................................................................................................................................................. 28 6.19 Contractor’s General Warranty and Guarantee........................................................................................................ 28 6.20 Indemnification.......................................................................................................................................................... 29 6.21 Delegation of Professional Design Services............................................................................................................. 29 Article 7 – Other Work at the Site ..................................................................................................................................................... 30 7.01 Related Work at Site.................................................................................................................................................. 30 7.02 Coordination.............................................................................................................................................................. 30 7.03 Legal Relationships................................................................................................................................................... 31 Article 8 – Owner’s Responsibilities................................................................................................................................................. 31 8.01 Communications to Contractor................................................................................................................................. 31 8.02 Replacement of Engineer.......................................................................................................................................... 31 8.03 Furnish Data .............................................................................................................................................................. 31 8.04 Pay When Due........................................................................................................................................................... 31 8.05 Lands and Easements; Reports and Tests................................................................................................................. 31 8.06 Insurance.................................................................................................................................................................... 31 8.07 Change Orders........................................................................................................................................................... 31 8.08 Inspections, Tests, and Approvals............................................................................................................................. 31 8.09 Limitations on Owner’s Responsibilities.................................................................................................................. 31 8.10 Undisclosed Hazardous Environmental Condition................................................................................................... 31 8.11 Evidence of Financial Arrangements........................................................................................................................ 31 8.12 Compliance with Safety Program............................................................................................................................. 31 Article 9 – Engineer’s Status During Construction........................................................................................................................... 32 9.01 Owner’s Representative............................................................................................................................................ 32 9.02 Visits to Site............................................................................................................................................................... 32 9.03 Project Representative............................................................................................................................................... 32 9.04 Authorized Variations in Work................................................................................................................................. 32 9.05 Rejecting Defective Work......................................................................................................................................... 32 9.06 Shop Drawings, Change Orders and Payments........................................................................................................ 32 9.07 Determinations for Unit Price Work......................................................................................................................... 33 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................................................... 33 9.09 Limitations on Engineer’s Authority and Responsibilities....................................................................................... 33 9.10 Compliance with Safety Program............................................................................................................................. 34 Article 10 – Changes in the Work; Claims........................................................................................................................................ 34 10.01 Authorized Changes in the Work.............................................................................................................................. 34 10.02 Unauthorized Changes in the Work.......................................................................................................................... 34 10.03 Execution of Change Orders..................................................................................................................................... 34 10.04 Notification to Surety................................................................................................................................................ 34 10.05 Claims........................................................................................................................................................................ 34 Article 11 – Cost of the Work; Allowances; Unit Price Work.......................................................................................................... 35 11.01 Cost of the Work....................................................................................................................................................... 35 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 11.02 Allowances................................................................................................................................................................ 37 11.03 Unit Price Work......................................................................................................................................................... 37 Article 12 – Change of Contract Price; Change of Contract Times.................................................................................................. 38 12.01 Change of Contract Price.......................................................................................................................................... 38 12.02 Change of Contract Times......................................................................................................................................... 39 12.03 Delays........................................................................................................................................................................ 39 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................................................... 39 13.01 Notice of Defects....................................................................................................................................................... 39 13.02 Access to Work ......................................................................................................................................................... 39 13.03 Tests and Inspections................................................................................................................................................. 40 13.04 Uncovering Work...................................................................................................................................................... 40 13.05 Owner May Stop the Work....................................................................................................................................... 40 13.06 Correction or Removal of Defective Work............................................................................................................... 41 13.07 Correction Period....................................................................................................................................................... 41 13.08 Acceptance of Defective Work................................................................................................................................. 41 13.09 Owner May Correct Defective Work........................................................................................................................ 42 Article 14 – Payments to Contractor and Completion....................................................................................................................... 42 14.01 Schedule of Values.................................................................................................................................................... 42 14.02 Progress Payments..................................................................................................................................................... 42 14.03 Contractor’s Warranty of Title.................................................................................................................................. 44 14.04 Substantial Completion............................................................................................................................................. 44 14.05 Partial Utilization....................................................................................................................................................... 45 14.06 Final Inspection......................................................................................................................................................... 45 14.07 Final Payment............................................................................................................................................................ 46 14.08 Final Completion Delayed ........................................................................................................................................ 46 14.09 Waiver of Claims....................................................................................................................................................... 47 Article 15 – Suspension of Work and Termination........................................................................................................................... 47 15.01 Owner May Suspend Work....................................................................................................................................... 47 15.02 Owner May Terminate for Cause.............................................................................................................................. 47 15.03 Owner May Terminate For Convenience................................................................................................................. 48 15.04 Contractor May Stop Work or Terminate................................................................................................................. 48 Article 16 – Dispute Resolution......................................................................................................................................................... 48 16.01 Methods and Procedures........................................................................................................................................... 48 Article 17 – Miscellaneous................................................................................................................................................................. 49 17.01 Giving Notice ............................................................................................................................................................ 49 17.02 Computation of Times............................................................................................................................................... 49 17.03 Cumulative Remedies................................................................................................................................................ 49 17.04 Survival of Obligations ............................................................................................................................................. 49 17.05 Controlling Law......................................................................................................................................................... 49 17.06 Headings.................................................................................................................................................................... 49 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract super- sedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 – BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor’s Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 submitted to Engineer for review under the circumstances described below. 1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or- equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful action or inactions. ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 9.10 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-42 Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-43 protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-44 representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-45 make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-46 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-47 accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-48 D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-49 B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. Exhibit D 00500- 31 Exhibit D Terms and Conditions Incorporated from the Prime Agreement ENGINEER has entered into an Agreement (herein “Prime Contract”) with the North Carolina Department of Environmental Quality, hereinafter called OWNER, for certain Work, a part of which is Work to be performed by CONTRACTOR under this Agreement. Provided in this exhibit are certain terms and conditions of the Prime Contract which are incorporated into this Agreement. CONTRACTOR agrees to be bound to these terms and conditions of the Prime Contract and expressly assumes all obligations and responsibilities applicable to ENGINEER under the Prime Contract insofar as any provision thereof is part of this Agreement and CONTRACTOR’s Work under this Agreement. CONTRACTOR agrees, that in addition to any other rights and remedies afforded ENGINEER by this Agreement or in law or equity, ENGINEER shall have the same rights and remedies against CONTRACTOR with respect to CONTRACTOR’s Work which the OWNER has against ENGINEER under the Prime Contract, all with the same force and effect as if set forth herein in full. See attached Prime Agreement. Exhibit E 00500- 32 Exhibit E Insurance 1. CONTRACTOR agrees and shall submit evidence to F&R before beginning Work under this Agreement that it has procured and will maintain the insurance required in this Exhibit. CONTRACTOR shall obtain the insurance from companies that are duly licensed or authorized to issue policies in the jurisdiction in which the Project is located. CONTRACTOR shall provide F&R a certificate of insurance and policy endorsements evidencing the required coverage. The certificate of insurance and endorsements shall be properly completed on current ACORD forms or equivalent forms compliant with applicable state law. 2. CONTRACTOR shall procure and maintain the following insurance coverage with minimum limits as follows: 1. Commercial General Liability (CGL) General aggregate limit applies separately to project and location. CGL shall include full contractual liability coverage for CONTRACTOR’s indemnity obligations and shall not exclude explosion, collapse, and underground hazards. Each Occurrence $1,000,000 Medical Expenses (any one person) $10,000 Personal & Advertising Injury $1,000,000 General Aggregate $2,000,000 Products/Completed Operations ‐ Aggregate $2,000,000 (maintain for two years after final payment) 2. Automobile Liability Auto shall include owned, non‐owned and hired vehicles. Combined Single Limit $2,000,000 Uninsured/under insured motorist $1,000,000 Medical payments $5,000 3. Excess or Umbrella Liability (occurrenceform) Limit required under Section 3.0 below or $1,000,000 whichever is greater. 4. Workers’ Compensation Statutory limits 5. Employers’ Liability Each Accident $1,000,000 Disease—Policy Limit $1,000,000 Disease—Each Employee $1,000,000 3. CONTRACTOR shall take out and maintain the following additional insurance coverage as follows: Type Yes No Limits 1. Builder’s Risk ContractPrice 2. Professional Liability Policy shall cover claims arising out of the negligent acts, errors or omissions of CONTRACTOR for professional services including, but not limited to, engineering design or surveying. $2,000,000per Claim Exhibit E 00500- 33 3. Contractor’s Pollution Liability Provide coverage for claims based upon release or threatened release of pollutants into the environment. Such policy is required whenever there is the risk of environmental pollution arising from the CONTRACTOR’s Work. $2,000,000per Occurrence/Aggregate 4. U.S. Longshoreman and Harbors Act Coverage Statutory 5. Automobile Liability with MCS‐90 and CA 9940 ISO endorsements Required when hazardous or contaminated material removal is included in CONTRACTOR’s Work. $5,000,000Combined Single Limit 6. See Exhibit D for additional insurance Requirements. 4. All policies except for Worker’s Compensation and Professional Liability shall name Froehling & Robertson, Inc., OWNER and the following: None as additional insureds. Each policy shall state that such insurance is primary with respect to the additional insureds and that any insurance maintained by the additional insureds shall be excess and non‐contributory. 5. Each policy shall contain a waiver of subrogation in favor of Froehling & Robertson, Inc., OWNER and the additional insureds. Each policy shall contain cross‐liability and severability of interest provisions. 6. CONTRACTOR shall provide Froehling & Robertson, Inc. written notice at any time it becomes aware of any cancellation, non‐renewal or reduction of coverage of any of the required insurance policies. 7. Each policy shall be endorsed to provide Froehling & Robertson, Inc. thirty (30) days prior written notice of any cancellation of the policy. 8. These insurance requirements do not establish any limit on CONTRACTOR’s liability under the terms of the subcontract. 9. Failure of Froehling & Robertson, Inc. to require production of certificates or endorsements, or failure to identify a deficiency from the certificates produced shall not constitute a waiver of these requirements. 10. All insurance shall be on an occurrence basis unless otherwise indicated. Insurance on a “claims made” basis shall be maintained for at least three years after completion of the Work. 11. Deductibles shall be the sole responsibility of CONTRACTOR. 12. Unless otherwise indicated, CONTRACTOR shall maintain the required policies until final payment. If any of the foregoing policies are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment. 13. Failure to procure and maintain insurance as agreed is a material breach of this Subcontract. Froehling & Robertson, Inc. may withhold payments until CONTRACTORs complies with the insurance requirements contained in this Exhibit E. Exhibit F 00500- 34 EXHIBIT F CONTRACTOR’s Certificate of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 6/8/2018 Marsh & McLennan Agency LLC3625 N. Elm St.Greensboro NC 27455 Elaine Gray, CIC, CPSR 336-272-7161 336-346-1397 Elaine.Gray@marshmma.com Nautilus Insurance Company 17370 ADHOLDI1 Great Divide 25224A&D Holdings, IncA&D Environmental Services IncA&D Environmental Services (SC) LLC2718 Uwharrie RoadArchdale NC 27263 Federal Insurance Company 20281 Navigators Specialty Ins Co 36056 NorthStone Insurance Company 13045 1423194988 A X 1,000,000 X 100,000 X Cont Poll Liab 10,000 X Prof-Claims Made 1,000,000 2,000,000 X X Y Y ECP2021182 11 2/24/2018 2/24/2019 2,000,000 B 1,000,000 X X X Y Y BAP2021184 11 2/24/2018 2/24/2019 A X X 10,000,000YFFX2021183 11 2/24/2018Y 2/24/2019 10,000,000 X 0 E X N Y WCN 6001688 2/24/2018 2/24/2019 1,000,000 1,000,000 1,000,000 CD Contractors EquipPoll Legal Liab 6712214CH15ESP0A95G7NC 2/24/20183/31/2015 2/24/20193/31/2019 Leased EquipClaim/Agg 2,500,0001MM/2MM RE: JH Winston Dump, Long Mill Rd, Youngsville, NCFroehling & Robertson, Inc. and Owner are included as additional insured with respect to general liability, contractor's pollution liability, auto liability and excessliability on a primary and non-contributory basis when required by written contract. Waiver of subrogation in favor of Froehling & Robertson, Inc. and Ownerapplies to general liability, contractor's pollution liability, professional liability, auto liability, excess liability and workers compensation when required by writtencontract. 30 day notice of cancellation applies to general liability (except for non-payment of premium and nonrenewal). Froehling and Robertson, Inc310 Hubert StreetRaleigh NC 27603 Exhibit I 00500- 35 EXHIBIT G CONDITIONAL WAIVER AND RELEASE OF LIEN RIGHTS Partial Final The undersigned CONTRACTOR hereby acknowledges that, upon receipt of payment in the sum of $ as satisfaction in full for all labor, services, and materials furnished to ENGINEER, this document shall become effective to release any mechanics' liens, stop notices or bond rights the undersigned has in connection with the J.H. Winston Dump (Job Description) for the project located at Youngsville, North Carolina (Property). The CONTRACTOR certifies and warrants that it has fully paid and satisfied all claims for work, labor, materials, supplies, equipment and all other items used or furnished by CONTRACTOR or its subcontractor(s) or materialmen in the performance of said project through the date of . The CONTRACTOR hereby expressly waives, releases and discharges OWNER of the property from any and all claims for mechanics' liens and rights to any such claim which the CONTRACTOR has or may have for labor, services, or materials or otherwise in connection with payment for said work or improvements and every part thereof and does hereby agree that it will not levy or place any mechanics', attachment, judgment, or other lien on or against the property described above for any existing indebtedness of the OWNER of the property to the CONTRACTOR. In addition, the CONTRACTOR agrees to reimburse ENGINEER for any excess payment made by ENGINEER to the CONTRACTOR, which may be discovered as a result of any audit performed by OWNER/ENGINEER pursuant to the contract/work authorization. Invoice Number: Invoice Amount: Invoice Date: BY: NAME: DATE: (Signature) (Print) WITNESS: NAME: (Signature) (Print) Exhibit I 00500- 36 EXHIBIT H UNCONDITIONAL WAIVER AND RELEASE OF LIEN RIGHTS Partial Final The undersigned CONTRACTOR has been paid the sum of $ as payment in full for all labor, services, equipment or materials furnished in connection with the J.H. Winston Dump (Job Description) for the project located at Youngsville, North Carolina (Property) and does hereby expressly waive, release and discharge OWNER of the property from any and all claims for mechanics' liens and rights to any such claim which the CONTRACTOR has or may have for labor, services, materials or otherwise. The undersigned does hereby agree that it will not levy or place any mechanics', attachment, judgment, or other lien on or against the property described above for any existing indebtedness of the OWNER of the property existing on the date herein to the CONTRACTOR. IN WITNESS WHEREOF, the undersigned has caused this Waiver and Release to be executed by its duly authorized representative this day of , 20 . Invoice Number: Invoice Amount: Invoice Date: BY: NAME: DATE: (Signature) (Print) WITNESS: NAME: (Signature) (Print) Exhibit I 00500- 37 Exhibit I INTENTIONALLY LEFT BLANK Exhibit J 00500- 38 Exhibit J Health and Safety Protocol See specification Section 01102. Exhibit K 00500- 39 Exhibit K Site Health and Safety Plan HEALTH AND SAFETY PLAN J.H. Winston Dump Remedial Action Plan 0 Long Mill Road Youngsville, North Carolina F&R Project No. U66‐0089‐0003 Prepared By: Froehling & Robertson, Inc. 310 Hubert Street Raleigh, North Carolina 27603 Telephone: (919) 828‐3441 Facsimile: (919) 828‐5751 Issue Date: June 8, 2018 Prepared By: Reviewed By: Geoffrey Chrostowski Environmental Scientist Elias Ruhl Environmental Department Manager The information in this HASP is provided solely for the protection of the health and safety of F&R employees and does not cover other subcontractors working at the site. F&R assumes no liability for, or responsibility to, any other parties for the accuracy or completeness of the information contained herein for any use or reliance upon this HASP by any other party. CONTENTS AGREEMENT AND ACKNOWLEDGEMENT SHEET ................................................................................... 1 1.0 INTRODUCTION ....................................................................................................................... 2 2.0 PROJECT HAZARD ANALYSIS .................................................................................................... 3 2.1 CONTAMINANTS ................................................................................................................. 5 2.2 PRODUCTS EMERGENCY FIRST AID INFORMATION ...................................................................... 6 3.0 PPE .......................................................................................................................................... 7 4.0 DECONTAMINATION PROCEDURES .......................................................................................... 8 5.0 CONTINGENCY PLANS AND FIELD COMMUNICATIONS ............................................................. 9 5.1 FIELD COMMUNICATIONS ................................................................................................... 10 TABLES 1 Potential Hazards and Controls 2 Contaminant Profiles 3 PPE 4 Decontamination Procedures 5 Contingency Plans for Site Emergencies 6 Field Communication Methods APPENDICES A Map to Nearest Emergency Medical Center 1 AGREEMENT AND ACKNOWLEDGEMENT SHEET F&R Personnel have the authority to stop their field activities at this site if any activity is not performed in accordance with the requirements of this HASP. F&R project personnel are required to sign the Agreement and Acknowledgement Sheet prior to conducting field activities at this site. AGREEMENT AND ACKNOWLEDGEMENT STATEMENT 1. I have reviewed and fully understand this HASP and my responsibilities. 2. I agree to abide by the provisions of this HASP, or the HASP prepared by my company if a subcontractor. Name: Signature: Company: Date: Name: Signature: Company: Date: Name: Signature: Company: Date: Name: Signature: Company: Date: Name: Signature: Company: Date: Name: Signature: Company: Date: Name: Signature: Company: Date: Name: Signature: Company: Date: Name: Signature: Company: Date: 2 1.0 INTRODUCTION This Health and Safety Plan (HASP) is written to ensure the well‐being of F&R field personnel working in and around the area of the site that is known or suspected to be a former waste disposal area. Accordingly, F&R project staff must follow the policies and procedures established in the HASP. Subcontractors either contracted with or working with F&R on this site shall abide by their own HASP. F&R requests an approved HASP be provided to F&R prior to engaging in field activities. Work will comply with the Occupational Safety and Health Act (OSHA) standard and other federal, state, and local procedures that require the development and implementation of a HASP. In addition, F&R employees working on this project shall be certified in accordance with OSHA 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response (HAZWOPER). A hazard assessment has been performed and the adequacy of the personal protective equipment (PPE) selected is hereby in accordance with 29 CFR 1910 132(d) and is duly noted by the signature(s) and date appearing on the cover page of this document. This HASP contains standardized information to address the health and safety concerns likely to be encountered during this project and pertaining to the following activities: o Field Survey and/or Walkover o Drilling, Boring, Soil and/or Groundwater Sampling o Excavation, Grading and Trenching Operations o Timbering Operations o Removal of Waste Materials The minimum level of PPE for this project is Level D. Level D will be worn when the possibility of contact to the skin or work uniform can occur from contaminated media (soil or groundwater). This HASP must be modified or amended when circumstances or conditions develop that are beyond the scope of routine operations. Any changes in project work scope and/or site conditions as described must be amended in writing by the health and safety representative, either the health and safety specialist (HSS) or health and safety manager (HSM). Such conditions include: o Updated findings during test boring operations, excavations, or other operations that are deemed to constitute an increased safety risk beyond the scope of this document. 3 2.0 PROJECT HAZARD ANALYSIS For each task involved in this project, the types of hazards that may be encountered are identified in the following table: Table 1 ‐ Potential Hazards and Controls Potential Hazard Control Exposure to Gasoline and Diesel Fuel 1. Stand up‐wind of gasoline and diesel products whenever possible. 2. Minimize contact and contact time with gasoline and diesel products. 3. Use Engineering Controls within trench and excavation areas (areas where potential exists for vapors to collect). Controls can include, but are not limited to, outdoor fans directed into the trench. 4. Avoid walking through discolored areas, puddles, leaning on drums, or contacting anything that is likely to be contaminated. 5. Do not eat, drink, smoke and/or apply cosmetics in the work area. 6. Wear gloves when in contact with contaminated surfaces. 7. Safety glasses must be worn at a minimum. Drilling, Boring Operations 1. Driller and helper must be present during all active drilling operations. 2. Driller helper and other site personnel must know location of emergency shut off switch and test it daily for proper function. 3. All personnel must be constantly aware of surroundings and proximity to equipment. 4. Unauthorized personnel must be kept clear of drilling rig. 5. Area of drilling operation must be cordoned off/barricaded. 6. When hazardous conditions are deemed present, operation must be shut down. 7. Driller will inspect rig daily, weekly and monthly, and will maintain the rig in good working order. Excavation Operations 1. Maintain adequate clearance from excavation equipment, and visual contact with operator. 2. Be aware of blind spots, rotating machinery, swing radius and travel paths of equipment. 3. Wear high‐visibility clothing. 4. No riding on or in equipment. 5. Do not enter excavations deeper than 4 feet without protective systems in place. Noise 1. Wear hearing protection when equipment such as a drill rig, jackhammer, cutsaw, air compressor, blower or other heavy equipment is operating on the site. 2. Wear hearing protection whenever you need to raise your voice above normal conversational speech due to a loud noise source, this much noise indicates the need for protection. Vehicular Traffic 1. Wear traffic safety vest when vehicle hazard exists. 2. Use cones, flags, barricades, and caution tape to define work area. 3. Use vehicle to block work area. 4. Engage police detail for high‐traffic situations 4 Cold Stress 1. Wear proper clothing with the appropriate layers and attire for cold weather activities. 2. If possible, take breaks in a heated area when working in extremely cold temperatures. 3. Upon entering a heated area, remove the outer layer of clothing and loosen other layers to promote evaporation of perspiration. 4. Drink warm liquids to reduce the susceptibility to cold stress. 5. Be aware of cold stress symptoms such as shivering, numbness in the extremities and sluggishness. Heat Stress 1. Increase water intake while working. 2. Increase number rest breaks and/or rotate workers in shorter work shifts. 3. Watch for signs and symptoms of heat exhaustion and fatigue. 4. Plan work for early morning or evening during hot months. 5. Use ice vests when necessary. 6. Rest in cool, dry areas. 7. In the event of heat stroke, bring the victim to a cool environment and initiate first aid procedures. Immediately seek medical attention. Slip/ Trip/ Fall 1. Be alert and observe terrain when walking to minimize slips and falls. 2. Steel‐toes and/or lug‐sole boots provide additional support. 3. Surfaces covered with heavy vegetation and under growth, loose or wet soil, or uneven ground create a slip/trip/fall hazard. Insect/ Animal Bites 1. Native wildlife (bees, wasps, spiders, coyotes, rodents, ticks, and snakes) present the possibility of bites and associated diseases. 2. Avoid wildlife when possible. In case of an animal bite, perform first aide and capture the animal, if possible, for identification or rabies testing. 3. Perform a tick check after leaving the area. 4. Avoid putting hands and feet into locations that may harbor reptiles such as drainage culverts, under rocks, under equipment etc. 5. Persons with allergies to bees will make the supervisor aware of their allergies and will avoid areas where bees are identified. Lightning Activity 1. Abandon site activities and seek shelter when proximity of lighting is less than five miles (five or less seconds between lightning flash and sound of thunder). 5 2.1 Contaminants The possible contaminants of concern for this project have been summarized in Table 2. This provides a ready reference to identify possible health hazards, potential exposure routes, symptoms of exposure, and incompatible materials associated with recovered product and contaminated media (soil and water). Table 2 – Contaminant Profiles Chemical Exposure Route Symptoms of Overexposure Incompatibilities Gasoline (synonyms: motor fuel/spirits, petrol) Inhalation  Respiratory tract irritation  Coughing, nausea and vomiting  Headache, drowsiness, fatigue  Dizziness, vertigo  Unconsciousness  Irregular heartbeat at high concentrations Oxidizing agents (peroxides, nitric acid, perchlorates) Skin contact  Irritation, redness  Dryness, cracking Ingestion  Nausea, vomiting Diesel (synonyms: No. 2 Grade fuel, Grade 2 distillate, C9‐C16 Petroleum hydrocarbons Inhalation  See Gasoline Oxidizing agents Skin contact  See Gasoline Ingestion  See Gasoline Asbestos Inhalation  None Carcinogen 6 2.2 Products Emergency First Aid Information EMERGENCY FIRST AID FIRST AID FOR GASOLINE AND DIESEL EMERGENCIES Ingestion: DO NOT INDUCE VOMITING. Call Poison Control; follow instructions. Wash out mouth with water. If necessary seek medical attention. Inhalation: Remove person from contaminated environment. DO NOT ENTER A CONFINED SPACE TO RESCUE SOMEONE WHO HAS BEEN OVERCOME UNLESS PROPERLY EQUIPPED AND A STANDBY PERSON IS PRESENT. Administer CPR if necessary. Seek medical attention. Skin Contact: Wash skin thoroughly with soap and water. Remove contaminated clothing and shoes, and clean before reuse. Seek medical attention if irritation persists. Eye Contact: Flush eyes with water for at least 10 minutes. Check for and remove contact lenses. Seek medical attention. Exposure Symptoms: Headache, dizziness, nausea, drowsiness, irritation of eyes, nose, throat breathing difficulties. Contingency Plan: Report incident to PM and HSR after emergency procedures have been implemented. RESPONDER MUST HAVE A CURRENT CERTIFICATE TO ADMINISTER FIRST AID OR CPR 1. Survey the situation. Do not endanger your own life. DO NOT ENTER A CONFINED SPACE TO RESCUE SOMEONE WHO HAS BEEN OVERCOME UNLESS PROPERLY EQUIPPED AND A STANDBY PERSON IS PRESENT. 2. Call 911 (if available) or the fire department IMMEDIATELY. Explain the physical injury, chemical exposure, fire, or release. 3. Decontaminate the victim without delaying life‐saving procedures. 4. If the victim’s condition appears to be noncritical, but seems to be more severe than a minor injury, he/she should be transported to the nearest hospital by trained Emergency Medical Services (EMS) personnel. Let the doctor assume the responsibility for determining the severity of the injury. If the condition is obviously serious. EMS must transport the victim. 7 3.0 PPE Based on the known hazards that may be encountered during site activities, the following PPE was selected. Only PPE that meets the following American National Standards Institute (ANSI) standards are to be worn. o Eye protection – ANSI Z87.1, o Head protection – ANSI Z89.1 o Foot protection – ASTM F2413 Employees must maintain proficiency in the use and care of PPE that is to be worn. Specific PPE requirements are reviewed during Safety Meetings. o Level D is the minimum acceptable level for sites where the above contaminants of concern are expected to be encountered. Table 3 ‐ PPE Level Requirements Level D o Work uniform (Long pants, long sleeves) o Steel‐toed boots o Approved safety glasses or goggles o Hard hat o High visibility safety vest o Nitrile gloves when collecting samples and when contaminated materials are encountered Prior to using, all equipment must be inspected to ensure proper working condition. F&R will maintain at least one ABC multi‐purpose dry chemical fire extinguisher in each truck at the site, or at each work area where F&R is providing oversight. 8 4.0 DECONTAMINATION PROCEDURES Operations conducted at this site in areas of concern have the potential to contaminate field equipment and PPE. To reduce the transfer of contamination to vehicles, administrative offices and personnel, the procedures presented in Table 4 must be followed. Table 4 – Decontamination Procedures Item Examples Procedure Field Equipment Sampling equipment Use disposable sampling equipment when feasible to minimize potential for cross‐ contamination. For other equipment, such as augers, water level indicators, scoops/shovels, etc., decontaminate surfaces with a solution of detergent and water; rinse with water prior to leaving the site. If needed, a decon pad or tub may be used to contain decontamination liquids generated during decontamination methods. The wash water may then be containerized until characterized, which would determine the disposal method. If containing the decon liquids is not required, the decon liquids will be disposed on the ground surface at the work area, or at an area designated by Blythe Construction. PPE Boots, Gloves and Hardhat Wear clean, disposable nitrile gloves for collecting samples. For boots and non‐disposable gloves, decontaminate outside surfaces with a solution of detergent and water; rinse with water prior to leaving the site. 9 5.0 CONTINGENCY PLANS AND FIELD COMMUNICATIONS Presented below are contingency plans for potential emergency situations. A map to the nearest emergency medical center can be found in Appendix A. Table 5 – Contingency Plans for Site Emergencies Situation Action Evacuation 1. Immediately notify all on‐site personnel of an emergency requiring evacuation. 2. Leave the dangerous area and report to a pre‐designated rally point 3. Notify EMS, as appropriate. 4. Account for all personnel. 5. Contact the prime contractor and/or their safety director as soon as possible. 6. Maintain site security and control measures for community safety until emergency responders arrive. Medical Emergency 1. Survey the situation Do not enter an area that may jeopardize your safety. o Establish the patient’s level of consciousness. o Call for help o Contact EMS and inform them of patient’s condition. 2. Primary Assessment (patient unconscious) o Arousal o Airway o Breathing o Circulation Only trained personnel should perform CPR or First Aid. 3. Secondary Assessment (patient conscious) o Check for bleeding: control with direct pressure. o Do not move patient (unless location is not secure). o Monitor vital signs o Provide First Aid to the level of your training. o Contact the PM and HSR as soon as possible. Fire Emergency 1. Evacuate the area. 2. Notify FIRE. 3. Extinguish small fires with an ABC multi‐purpose dry chemical extinguisher. 4. Contact the prime contractor and/or their safety director as soon as possible. Notifications ‐ a spill/release requires notification to NCDEQ by completion of a UST‐61 (24‐Hour Release and UST Leak Release Form) or UST‐62 (24‐Hour Notification of Discharge Form). The client or generator must also be notified. The generator is under obligation to report to the proper government agencies. If the spill extends into waterways, the Coast Guard and the National Response Center (1‐800‐424‐8802) must be notified immediately by the client or with his permission. 10 Give the following information when reporting an emergency: 1. Name and location of person reporting. 2. Location of accident/incident. 3. Name and affiliation of injured party. 4. Description of injuries, fire, spill, or explosion. 5. Status of medical aid and/or other emergency control effort. 6. Details of any chemicals involved. 7. Summary of accident, including suspected cause and time it occurred. 8. Temporary control measures taken to minimize further risk. This information is not to be released under any circumstances to parties other than those listed in the HASP. 5.1 Field Communications Communications at the work site can be accomplished by verbal and/or non‐verbal means to ensure contact with all personnel and subcontractors. Verbal communication can be impacted by the on‐site background noise and while wearing respiratory protection. Communication equipment must be checked daily to ensure proper operation and all project personnel must be initially briefed on the communication methods prior to starting work and reviewed in Daily Tailgate Safety Meetings as a reminder. 11 APPENDIX A Map to Nearest Emergency Medical Center Exhibit L 00500- 40 Exhibit L Performance and Payment Bonds SECTION 00900 NOTICE TO PROCEED J.H. Winston Dump June 2018 00900-1 SECTION 00900 PROJECT ADDENDUM No.: 1 Date: 5‐18‐18; Response to Bid Questions No.: Date: ADDENDUM #1 - RESPONSE TO BID QUESTIONS J.H. Winston Dump Remedial Action Implementation Youngsville, Franklin County, North Carolina Site ID NONCD0000311 5-15-2018 Upon submission of bid, indicate at the top of the completed Bid Form: “Addendum #1 has been received.” QUESTION 1 - When were the pathways cleared? F&R RESPONSE - The pathways at the site were cleared when timbering took place on the northern parcel in early 2017. QUESTION 2 - Do stumps need to be removed? F&R RESPONSE - No. However, waste must be removed, which may require removal of stumps and root balls within the surficial waste areas. If stumps are removed, then they must be disposed of offsite or chipped. QUESTION 3 - How clean is clean? F&R RESPONSE - Visible waste must be removed. In areas where waste is sparse, manual picking or picking by hand may be sufficient. In areas where waste is dense, collection by mechanical means may be more efficient. Excavation may be required; however, precaution/effort should be taken to minimize the quantity of soil removed. The means by which the waste is collected and removed is at the discretion of the CONTRACTOR. Waste shall be disposed of at a permitted facility. QUESTION 4 - When are bids due? F&R RESPONSE - As advertised, sealed bids can be sent or delivered to F&R’s Raleigh office by 5:00 PM on Thursday May 17, 2018. NCDEQ PRLF management has also indicated that sealed bids may be brought to the Bid Opening and submitted prior to 10:30 AM, on Friday May 18, 2018. QUESTION 5 - What are the diameters of the existing monitoring wells on-site? F&R RESPONSE - The monitoring wells are 2-inches in diameter. Additional monitoring well construction details are attached to this letter. F&R recommends abandoning monitoring wells prior to land disturbing activity to prevent damage to the monitoring wells. Should monitoring wells be damaged prior to abandonment, additional costs to property abandon the monitoring wells are at the CONTRACTOR’s expense. QUESTION 6 - Are debris stockpiles allowed for measurement and payment for Hauling Fees (Bid Items #20 and #30)? F&R RESPONSE - For measurement and payment of Hauling Fees, waste may be staged in stockpiles to quantify volume. However, the stockpile(s) must be surveyed in accordance with Section 01050 Field Engineering. Certified surveys of excavated areas are also permitted (pre- and post-excavation). Certified surveys must be supplied with pay applications as supporting information. Payment for waste disposal is measured by the ton, in accordance with Section 01025. Waste stockpiles must be staged on and under 20-mil polyethylene sheeting. QUESTION 7 - Has asbestos sampling been performed on the waste at the site? Is sampling of suspect asbestos containing materials anticipated during the remedy? F&R RESPONSE - Sampling of suspect ACM has not been performed to date, and sampling is not expected during the remedy. As part of the Asbestos Management Plan, the CONTRACTOR shall have a North Carolina accredited asbestos inspector on-site to identify suspect ACM during excavation activities. In order to expedite the remedy, these suspect ACM will be presumed to be ACM and handled in accordance with the approved Asbestos Management Plan. QUESTION 8 - Will the CONTRACTOR be required to maintain the seeded areas for one full year? Is mowing of the seeded areas required? F&R RESPONSE - Maintenance of the seeded areas shall end upon termination of the approved NCDEQ DEMLR stormwater permit. This is conditional upon final inspection by DEMLR and DEMLR has documented adequate permanent ground cover. Mowing of the seeded areas is not required. QUESTION 9 - The Safety Fence detail on Sheet 3.1 of the plans shows a plastic and a metal fence. The general notes appear to indicate that either option can be used, is this correct? F&R RESPONSE - Either type (plastic or metal) safety fencing is acceptable. QUESTION 10 - The Seeding note on Sheet 3.1 of the plans lists several types of seed. Do we use all of these or just one of the stabilization species and one of the primary stabilization species? F&R RESPONSE - For Permanent Seeding, all of the listed seed types are required and at the rates specified. The net rate per acre is 120 lb of seed. QUESTION 11 - The area that is being seeded and mulched is along the perimeter where fencing is being added; the north and south areas and the basin area. Please confirm the areas being seeded and mulched. F&R RESPONSE - All areas disturbed by CONTRACTOR’s work shall be seeded and mulched. QUESTION 12 - Clarification on whether the sediment and skimmer basins are referring to the same E&S feature. The bid sheet has a sediment basin listed and the plans show a skimmer basin without mentioning a sediment basin. Please confirm whether the sediment and skimmer basin are the same feature. F&R RESPONSE - References to sediment basin and skimmer basin are of the same feature. QUESTION 13 - Root debris – please confirm the roots can remain on site and do not need to be removed. F&R RESPONSE - Waste areas must be cleared of waste. Therefore, roots, stumps, organic-laden soils, and leaves/pine needles may need to be removed and/or excavated in order to remove the waste. Once confirmed free of waste, roots may be chipped or exported from the site. QUESTION 14 - How will the outside limits of excavation be identified and by whom? F&R RESPONSE - F&R conducted an assessment of the surface waste area by walking 100’ x 100’ transects across the site. In addition, hand auger borings were performed at intersecting transects and within concentrated waste areas. Surficial waste was flagged and GPS coordinates were collected and imported into the plans. Therefore, the waste areas indicated on the plans are considered to be a fairly accurate representation of the limits and locations of waste. It is the CONTRACTOR’s responsibility to identify these areas and remove waste accordingly. It should be noted that additional waste may be present between transects, and therefore additional waste may be discovered during clearing and grading activities. Minimal quantities of waste beyond the limits shown on the plans may be present but is not anticipated. F&R will provide a full-time Resident Project Representative (RPR) during remedial activities. The RPR will document the remedial activities and provide confirmation of waste removal. The RPR will notify the CONTRACTOR of waste areas that have not been adequately addressed. QUESTION 15 - Can the mature trees requiring removal in the center sediment pond by the wetlands be staged to the side without chipping/sizing the trees? F&R RESPONSE - Mature trees removed for this project will be transported off-site for processing. Staging prior to exporting is at the CONTRACTOR’s discretion. QUESTION 16 - The Manual calls for 2” of wood chips but also hydroseed. Will the wood chips block sunlight, and to a lesser extent water, and prevent the growth of grass? F&R RESPONSE - F&R has had success using mulched wood chips to foster growth of seed, as it retains moisture and heat, and stabilizes the surface to limit erosion of seed, fertilizer, lime, and soil. The 2-inch wood chip depth requirement is a maximum thickness, that if not exceeded should not limit adequate light or water from reaching the seed. Question 17 - The Manual and Plans reference wood chips and fiber mulch for stabilization of seeded areas. Please clarify which application is required. F&R RESPONSE - Applying either fiber mulch (blended in the hydroseed mixture) or mulched wood chips over the seeded areas is acceptable. The intent of specifying mulched wood chip cover was a cost saving measure, to limit costs for export of vegetation/wood chips and eliminate the cost of adding fiber mulch to the hydroseed mix. Manual methods of spreading the needed rates of seed, lime, and fertilizer is also an option should the CONTRACTOR choose to not use a hydroseeder. QUESTION 18 - Section 00100 Part 9 and Section 00300 Item 1.5 reference Liquidated Damages. However, Exhibit A of Section 00500 (Part II - Schedule) the Liquidated Damages paragraph is not checked. The second paragraph is checked, which discusses indemnification for loss or damages on account of delay in completion of the project. Are there Liquidated Damages per day and if so, what is the rate? If there are no liquidated damages, what does the second paragraph mean? Is the CONTRACTOR to pay ENGINEER expenses for project completion date overrun? If so, please provide a daily rate for engineering fees that would apply. F&R RESPONSE - As mentioned, Section 00100 Part 9 and Section 00300 Item 1.5 reference Liquidated Damages; these sections reference the provisions of the Agreement. For this project, Liquidated Damages will apply at the rate of $2,000 per day. Therefore, the Agreement will be amended to include the selection of the first paragraph in Exhibit A of Section 00500 (Part II - Schedule), as follows: In the event CONTRACTOR shall fail to perform the work by and at the time or times herein set forth, the CONTRACTOR shall pay ENGINEER, as and for liquidated damages, and not as a penalty, the sum of $ 2,000 per day, which said sum of $ 2,000 per day, in view of the difficulty of estimating such damages with exactness, is hereby expressed, fixed, computed, determined and agreed upon as the damages which will be suffered by the ENGINEER by reason of such default; and it is understood and agreed by the parties of this Agreement that the liquidated damages herein before mentioned are in lieu of the actual delay damages arising from such breach of this Agreement, which sum the ENGINEER shall have the right to deduct from any moneys otherwise due or to become due to the said CONTRACTOR, or to sue for and recover compensation or damages for the non-performance of this Agreement at the time or times herein stipulated or provided for. The selection of this paragraph indicates that the CONTRACTOR will be liable for ENGINEER oversight beyond the completion date. TABLE 1 Groundwater Monitoring Well Construction Details J.H. Winston Dump - NONCD0000311 Youngsville, Franklin County, NC Page 1 of 1 Well Designation Northing Easting Ground Surface Elevation (ft MSL) TOC Elevation (ft MSL) Depth to Water on 8/19/2014 (ft TOC) Water Eelvation on 8/19/2014 (ft MSL) Well Depth (ft BLS) MW-1 838890.582 2148191.327 200.00 199.48 20.5 178.98 40 20 To 40 MW-2 838136.149 2148114.574 191.73 191.48 14.98 176.5 25 15 To 25 MW-3 838012.246 2148697.032 165.74 165.38 10.69 154.69 18 8 To 18 MW-4 838512.172 2148689.416 178.43 178.24 14.37 163.87 30 15 To 30 MW-5 838626.817 2148542.195 182.57 182.35 9.66 172.69 19 9 To 19 MW-6 838362.224 2148542.195 168.75 168.57 4.84 163.73 17 7 To 17 Notes: Screen Interval (ft BLS) ft = Feet Northing and Easting Coordinates are Displayed in NC State Plane NAD 1983 Survey Feet MSL = Above Mean Sea Level TOC = Top of Casing BLS = Below Land Surface "MW" = Permanent Groundwater Monitoring Well J.H. Winston Dump June 2018 DIVISION 1 ‐ GENERAL REQUIREMENTS 01010-2 SECTION 01010 SUMMARY OF WORK J.H. Winston Dump June 2018 SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.1 PROJECT LOCATION A. The Work of this Contract will be performed at the J.H. Winston Dump located in Youngsville, Franklin County, North Carolina. 1.2 SUMMARY OF WORK A. The Work of this Contract includes, but is not necessarily limited to, the following: 1. Prior to construction the CONTRACTOR shall document pre‐existing conditions of the site. The pre‐existing conditions documentation shall include photographs or video and will be submitted to the ENGINEER before starting construction. 2. Install the construction entrance. 3. Prior to any land disturbing activities, all expected limits of disturbance shall be flagged. 4. Contractor shall notify NCDEQ‐DEMLR Erosion Control Inspector of the date land disturbing activity will commence. 5. Clear only those areas necessary to install initial E&S measures (perimeter silt fence barrier, temporary skimmer basin, and diversion dikes) and complete all erosion control measures prior to clearing/grubbing and waste collection activities. Apply permanent seed to those areas where E&S measures were installed. 6. Locate and properly abandon the six monitoring wells on the site using a North Carolina licensed well driller, and remove all well materials from the site. 7. Harvest mature trees larger than 6‐inches in diameter, cutting at the base of the tree and leaving stumps in place such that waste and underlying soils are not disturbed. Transport the mature trees off‐site for processing. 8. Collect the remaining vegetation in disturbed areas for chipping on‐site and neatly stockpile in an upland area. Remove stumps and properly dispose of those that are not suitable for chipping. No burning of stumps, vegetation, and/or waste is allowed. 9. Divide the waste disposal area into smaller manageable work areas, working from lower areas in an uphill fashion. Work shall subsequently progress into higher areas such that equipment does not track over completed and seeded areas 01010-3 SECTION 01010 SUMMARY OF WORK J.H. Winston Dump June 2018 10. Collect large metal objects, such as tractor frames and white goods, and segregate for the purpose of recycling. Collect and segregate tires and dispose of at an appropriate facility. Use of separate roll‐off dumpsters to collect metals and tires is recommended. 11. Collect other debris and general waste and transport to a permitted landfill facility. Any waste material that is collected each workday that cannot be delivered to the landfill may be stockpiled within the perimeter of the identified waste area for removal the next day. Any exposed and disturbed waste shall be covered at the end of each work day and prior to any stormwater runoff producing event. 12. During waste collection activities, segregate and stockpile any soil encountered that can be confirmed to be free of waste. This material shall be re‐used during re‐grading and site stabilization activities. 13. Segregate potential suspect asbestos‐containing materials (ACMs) and dispose of as appropriate in accordance with the approved ACM Management Plan. 14. Confirmation soil samples will be collected by the ENGINEER when excavation of the surficial waste is complete in each work area. Conduct additional excavation as directed in areas with detections of compounds above the Site Specific SRG concentrations and dispose of at an appropriate permitted facility, and continue until laboratory analysis indicates conditions are below the Site Specific SRG. 15. Subsequent to confirmation of waste removal in each area, re‐grade the subgrade and blend to mirror the existing topography as indicated in the Proposed Site Plan. Cut and fill irregular areas (including but not limited to stump holes and previous areas of excavated waste) as necessary to achieve positive drainage and maintain stable slope conditions with no grades exceeding 5H:1V. 16. Scarify surface approximately 6 inches in preparation of soil amendments and stabilization. Amend soil with lime and fertilizer as needed per soil nutrient analysis. 17. Permanently stabilize disturbed work areas within 7 days of completion of final grading activities to establish the permanent vegetative cover. Apply wood chips and cover seeded area approximately 1 inch in thickness. 18. Repeat the sequence above in manageable work areas until the Waste Disposal Areas are verified to be cleared, tested, free of waste, and permanently seeded and mulched. 19. Contractor shall dewater the Skimmer Basin by pumping into an approved silt bag. 20. After permanent vegetative cover of disturbed areas is established, remove the temporary erosion control measures. Remove diversion dikes and the sediment basin by depositing the soils used to construct those features into the dike(s) or basin interior and grade to drain. Permanently seed and mulch those areas. 21. Maintain seeded areas until adequate grass cover is established and final stabilization is approved. 01010-4 SECTION 01010 SUMMARY OF WORK J.H. Winston Dump June 2018 22. Demobilize from site and remove all equipment, materials, trash, etc. 1.3 WORK TO BE DONE A. Provide all labor, equipment, tools, services, and incidentals necessary to complete all work required by the Contract Documents. B. Complete the Work, in place, tested, and ready for continuous service. Perform or provide repairs, replacements, and restoration required as a result of damages resulting from construction operations. C. Furnish and install all materials, equipment, and incidentals that are reasonably and properly inferable and necessary for the proper completion of the Work, whether specifically indicated in the Contract Documents or not. 1.4 WORK SEQUENCE A. Perform Work in proper sequence to ensure completion of the Work within the Contract Time as set forth within the Contract and Special Conditions. Completion dates of the various stages shall be in accordance with the concurred construction schedule submitted by the CONTRACTOR. B. A Work sequence is provided in the Design Drawings. This is a suggested sequence only and does not relieve the CONTRACTOR of his responsibilities to meet any interim milestones as set forth in the Contract and Special Conditions. If the sequence as stated below requires adjusting to meet these milestones, the adjustments should be identified by the CONTRACTOR within the concurred construction schedule. C. Substantial Completion: At Substantial Completion, all construction activities through Phase D shall be considered complete, including but not limited to surficial waste removal, fine grading, soil amendment, and application of seeding and mulching, field tested as required by the Contract and ready for use, and subject to ENGINEER’s approval as defined in Section 00500. D. Final Completion: The last stage of construction shall be final construction and shall include the final remaining items subject to ENGINEER’s approval as well as all items listed in Section 01700, Contract Closeout. 1.5 PROJECT SUBMITTALS A. In accordance with the Contract Documents, the CONTRACTOR shall be responsible for submitting a variety of documents, schedules, and shop drawings. A list of early submittal and notification requirements is provided below. This list is not to be construed to include all submittals or notifications required but is intended as a reminder of documentation required. 1. Submit a Preliminary Schedule of Shop Drawings ten (10) days after Effective Date of Agreement (EDA). 01010-5 SECTION 01010 SUMMARY OF WORK J.H. Winston Dump June 2018 2. Submit a Preliminary Schedule of Values within ten (10) days after EDA. 3. Submit a preliminary progress schedule within ten (10) days after EDA. 4. 01050 Paragraph 1.03(A) ‐ Submit name, address and copy of license of the Professional Land Surveyor to be used on this project to the ENGINEER within ten (10) days of the NTP. 5. 01310 Paragraph 1.02(D) ‐ Submit a statement of CPM capability in writing to the ENGINEER within ten (10) calendar days of EDA. 6. 01381 Paragraph 1.03(A) ‐ Submit photos of the entire site prior to the start of construction to document existing conditions. 7. 01630 Paragraph 1.04(A) ‐ Submit, within thirty (30) days of issuance of Notice of Award (NOA), complete data as set forth to permit complete analysis of all proposed substitutions. B. In addition to the early submittal and notification requirements listed above, the CONTRACTOR shall be responsible for reviewing and complying with the submittal requirements associated with each Technical Specification. Timely submission of many of these items may eliminate potential delays in the future. 1.6 ABBREVIATIONS AND REFERENCES A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization or body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the date of advertisement for bids, even if reference has been made to an earlier standard. Where standards, specifications or codes of the various technical societies, organizations or bodies have been referred to throughout the Specifications, the referenced standard, specification or code is hereby made a part of the Contract the same as if herein repeated in full. In the event of any conflict between any of these specifications, standards, codes or tentative specifications, and the Specifications, the latter shall govern. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO ‐ The American Association of State Highway and Transportation Officials ACI ‐ American Concrete Institute AGA ‐ American Gas Association AGMA ‐ American Gear Manufacturers Association AISC ‐ American Institute of Steel Constructors AISI ‐ American Iron and Steel Institute ANSI ‐ American National Standards Institute API ‐ American Petroleum Institute 01010-6 SECTION 01010 SUMMARY OF WORK J.H. Winston Dump June 2018 ASCE ‐ American Society of Civil Engineers ASME ‐ American Society of Mechanical Engineers ASTM ‐ American Society of Testing Materials AWPA ‐ American Wood Preservers Association AWS ‐ American Welding Society AWWA ‐ American Water Works Association CIPRA ‐ Cast Iron Pipe Research Association DIPRA ‐ Ductile Iron Pipe Research Association DOT ‐ Department of Transportation EPA ‐ Environmental Protection Agency FED.SPEC ‐ Federal Specifications HHCU ‐ Health Hazards Control Unit IEEE ‐ Institute of Electrical and Electronic Engineers OSHA ‐ Occupational Health and Safety Act NAVY SPEC. ‐ Navy Department Specification NCDEQ ‐ North Carolina Department of Environmental Quality NCDOT ‐ North Carolina Department of Transportation NCPI ‐ National Clay Pipe Institute NEC ‐ National Electric Code NEMA ‐ National Electrical Manufacturers Association NFPA ‐ National Fire Protection Association NLMA ‐ National Lumber Manufacturers Association TCA ‐ Tile Council of America Inc. U.L, Inc. ‐ Underwriter's Laboratories, Inc. C. When no reference is made to a code, standard, or specification, the standard specifications of the ASTM, the ANSI, the ASME, the IEEE, or the NEMA shall govern. 1.7 CONSTRUCTION AREAS A. CONTRACTOR shall limit the use of the construction areas for Work and for storage to allow for: 1. Work by other contractors. 2. ENGINEER’s use. B. CONTRACTOR shall coordinate use of work site. C. CONTRACTOR shall assume full responsibility for the protection and safekeeping of Products under this Contract, stored on the site. D. CONTRACTOR shall move any stored Products, under CONTRACTOR’s contract, which interfere with operations of the ENGINEER or other contractor. 01010-7 SECTION 01010 SUMMARY OF WORK J.H. Winston Dump June 2018 E. CONTRACTOR shall obtain and pay for the use of additional storage or work areas as needed for operations. F. CONTRACTOR shall at all times conduct his operation as to ensure the least inconvenience to the facility operations and general public. 1.8 PLANS AND SPECIFICATIONS A. Specifications The Technical Specifications consist of three parts: General, Products, and Execution. The General Section contains General Requirements, which govern the work. Products and Execution modify and supplement these detailed requirements of the work and shall always govern whenever there appears to be a conflict. B. Intent All work called for in the Specifications applicable to this Contract, but not shown on the Design Drawings in their present form, or vice versa, shall be of like effect as if shown or mentioned in both. Work not specified in either the Design Drawings or in the Specifications, but involved in carrying out their intent or in the complete and proper execution of the work, is required and shall be performed by the CONTRACTOR as though it were specifically delineated or described. The apparent silence of the Specifications as to any detail, or the apparent omission from them of a detailed description, concerning any work to be done and materials to be furnished, shall be regarded as meaning that only the best general practice is to prevail and that only material and workmanship of the best quality is to be used, and interpretation of these specifications shall be made upon that basis. The inclusion of the General Requirements (or work specified elsewhere) in the General part of the Specifications is only for the convenience of the CONTRACTOR and shall not be interpreted as a complete list of related Specification Sections. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.1 SANITARY CONVENIENCES A. CONTRACTOR shall provide adequate onsite sanitary facilities for employees. Sanitary facilities shall be made available when the first employee arrives on the site and shall be removed after the departure of the last employee from the site. 01010-8 SECTION 01010 SUMMARY OF WORK J.H. Winston Dump June 2018 3.2 UTILITY SERVICES A. CONTRACTOR will arrange for temporary electrical service through a local power supplier if CONTRACTOR desires electrical power on‐site. Temporary electrical service will be at the CONTRACTOR’S expense END OF SECTION 01025 - 1 SECTION 01025 MEASUREMENT AND PAYMENT J.H. Winston Dump June 2018 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.1 SCOPE OF WORK A. All contract prices included in the Bid Form of the Agreement (Section 00300) will be full compensation for all labor, materials, tools, equipment, supervision, certified surveying, conformance to all Federal, State, Local and Industry Standards, and all else incidental to complete the Work as shown on the Drawings and specified in the Contract Documents. B. The items listed below, refer to and are the same pay items listed in the Bid Form. They constitute all of the pay items for the completion of the Work. No direct or separate payment will be made for providing miscellaneous temporary or accessory works, services, field offices, layout surveys, job signs, sanitary requirements, testing, safety devices, water supplies, power, maintaining traffic, watchmen, and all other requirements of the Agreement for Construction and DIVISION 1 ‐ GENERAL REQUIREMENTS. Compensation for all such services, equipment and materials shall be included in the prices stipulated for the unit sum and unit pay items listed herein. C. Each unit sum and unit bid price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR’s overhead and profit for each separately identified item. D. Restoration is not a separate pay item but is considered to be an integral part of the work under the contract, and all contract bid prices include the cost of restoration necessitated by the work related to that bid item. Restoration includes existing structures and property, paving, stabilized roads, drainage piping and ditches, catch basins, head walls, yard culverts, driveways, lawns and ground areas, walkways, and irrigation systems which are altered, removed, or damaged during construction. Cleanup is an integral part of restoration. E. For purposes of measurement and payment, the term surface area is defined as the horizontal surface measured from a certified survey. The unit price bid for all items measured in surface area shall account for any necessary slope adjustments. The horizontal surface measurement for nonwoven geosynthetic fabric shall include the plan limits of the installed material. 01025 - 2 SECTION 01025 MEASUREMENT AND PAYMENT J.H. Winston Dump June 2018 1.2 PAY ITEMS TOTAL BID ‐ ITEMS 1 ‐ 28 A. Item 1 ‐ Equipment Mobilization 1. Measurement of this item will not be made for payment. All work related to this item shall be included in the applicable unit amount found on the Bid Form. 2. Payment of this item will be made at the applicable unit amount on the Bid Form. Payment shall be full compensation for the preparatory work and operations in mobilizing for the commencement of this Work, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site, and for any other pre‐construction expenses necessary for the start of the Work, regardless of how many times such moves are made. B. Item 2 ‐ Insurance/Bond 1. Measurement of this item will not be made for payment. All work related to this item shall be included at the applicable unit amount listed in the Bid Form. 2. Payment of this item will be made at the applicable unit amount, as above determined, and will represent full compensation for providing the required insurance and bond in accordance with the requirements of the General Conditions. C. Item 3 ‐ Asbestos Management 1. The unit price for asbestos management shall be full compensation to develop and submit an Asbestos Management Plan, Plan implementation, air monitoring, handling, and disposal of asbestos containing material, as described in Section 01102. D. Item 4 ‐ Establish Entrance and Access Road 1. Measurement: The unit quantity price bid for this item will be based on the completion of the construction entrance installed by the CONTRACTOR and accepted by the ENGINEER, and the installation of any temporary access roads required to access construction activities within the limits of disturbance. 2. Payment: The unit price for the construction entrance shall be full compensation to furnish and install the construction entrances as shown on the Drawings and as specified herein for which payment is not provided under other items in the Bid Form. Installation shall include but not be limited to: filling; grading; compaction; geotextile fabric; aggregate base; and all other appurtenances as required for which payment is not provided under other items in the Bid Form. 01025 - 3 SECTION 01025 MEASUREMENT AND PAYMENT J.H. Winston Dump June 2018 E. Item 5 ‐ Clearing and Grubbing 1. Measurement: The number of acres grubbed which will be paid for under this item will be the actual number of acres, or partials thereof, grubbed as measured horizontally by survey for the purposes of establishing the construction entrance and access roads. The area measurement for payment will be verified by the ENGINEER. 2. Payment: The unit price bid per acre for this item will be full compensation required for grubbing as specified herein, including but not limited to: clearing, grubbing, stumping, stockpiling of clean cover materials, tarping of stockpiles, and temporary seeding. Also includes hauling and disposing of stumps and grubbed materials at a permitted facility that are unsuitable for chipping. No payment will be made for any grubbing beyond the limits as shown on the Drawings, or for which certifying surveys required by Section 01050 have not been submitted and approved by the ENGINEER. F. Item 6 ‐ Entrance Gate 1. Measurement: The unit price for this item will include the installation of one vehicular access gate at the site construction entrance, complete with locking mechanism and lock. 2. Payment: Payment shall be at the unit price shown on the bid form. G. Item 7 ‐ Entrance Fencing 1. Measurement: The quantity of temporary fencing to be paid under this item will be the actual number of linear feet of temporary chain link fencing measured by survey. 2. Payment: The unit price bid per linear foot for this item will be full compensation to install temporary chain link fencing, including but not limited to: clearing; grading; materials; installation; and all else incidental to the work for which payment is not provided under other items in the bid form. H. Item 8 ‐ Abandon Monitoring Wells 1. Measurement: The unit price per linear foot for abandonment of existing monitoring wells shall be full compensation to properly abandon six groundwater monitoring wells, remove all well materials and protective covers, and provide completed well abandonment records to the ENGINEER. 2. Payment: Payment shall be at the unit price per linear foot shown on the bid form for the total footage of monitoring wells abandoned. I. Item 9 ‐ Silt Fence 1. Measurement: The quantity of temporary fencing to be paid under this item will be the actual number of linear feet of silt fencing measured by survey. Measurement shall be 01025 - 4 SECTION 01025 MEASUREMENT AND PAYMENT J.H. Winston Dump June 2018 made linearly from end‐to‐end along its base of each separate installation actually installed. 2. Payment: The unit price bid per linear foot for this item will be full compensation to install silt fencing, including but not limited to: labor; materials; installation; and all else incidental to the work for which payment is not provided under other items in the bid form. J. Item 10 ‐ Safety Fence 1. Measurement: The quantity of safety fencing to be paid under this item will be the actual number of linear feet of polyethylene or metal safety fencing measured by survey. Measurement shall be made linearly from end‐to‐end along its base of each separate installation actually installed. 2. Payment: The unit price bid per linear foot for this item will be full compensation to install safety fencing, including but not limited to: labor; materials; installation; and all else incidental to the work for which payment is not provided under other items in the bid form. K. Item 11 ‐ Clearing and Grubbing 1. Measurement: The number of acres grubbed which will be paid for under this item will be the actual number of acres, or partials thereof, grubbed as measured horizontally by survey for the purposes of accessing and installing erosion and sedimentation controls. The area measurement for payment will be verified by the ENGINEER. 2. Payment: See Item 5. L. Item 12 ‐ Skimmer Basin 1. Measurement: The unit price for the sediment basin shall be full compensation to install the sediment basin as shown on the Drawings, including but not limited to, grading, construction of basin embankment, installation of baffles, riser, outlet pipe, rip‐rap outlet apron and auxiliary spillway; and shall conform to all Franklin County and North Carolina Department of Environmental Quality’s (NCDEQ) Land Quality Standards and Requirements. 2. Payment: Payment shall be at the unit price shown on the bid form. M. Item 13 ‐ Diversion Dikes 1. Measurement: The quantity of diversion dikes to be paid under this item will be the actual number of linear feet of diversion dikes constructed as shown on the Drawings. Measurement shall be along the centerline of the diversion dike as measured by survey. 01025 - 5 SECTION 01025 MEASUREMENT AND PAYMENT J.H. Winston Dump June 2018 2. Payment: The unit price bid per linear foot for this item will be full compensation to install diversion dikes, including but not limited to: grading; labor; materials; installation; temporary seeding; and all else incidental to the work for which payment is not provided under other items in the bid form. N. Item 14 ‐ Survey 1. Measurement: The unit price for the survey shall be full compensation to measure and provide certified quantities of the temporary erosion and sedimentation controls indicated in Items 10 through 14 and shall be in accordance with Section 01050. 2. Payment ‐ Item 14a: Payment shall be at the daily rate shown on the bid form. 3. Payment ‐ Item 14b: Payment shall be the unit price for subcontractor procurement as shown on the bid form. O. Item 15 ‐ Clearing and Grubbing 1. Measurement‐ Item 15a: The number of acres cleared and grubbed which will be paid for under this item will be the actual number of acres, or partials thereof, cleared, grubbed and stumped as measured horizontally by survey for the purposes of accessing the Northern Waste Disposal Area. The area measurement for payment will be verified by the ENGINEER. 2. Measurement‐ Item 15b: The number of acres cleared and grubbed which will be paid for under this item will be the actual number of acres, or partials thereof, cleared, grubbed and stumped as measured horizontally by survey for the purposes of accessing the Southern Waste Disposal Area. The area measurement for payment will be verified by the ENGINEER. 3. Payment: See Item 5 P. Item 16 ‐ Chipping 1. Measurement‐ Item 16a: The number of acres of chipped vegetation which will be paid for under this item will be the actual number of acres, or partials thereof, of vegetation chipped as measured horizontally by survey for the purposes of accessing the Northern Waste Disposal Area. The area measurement for payment will be verified by the ENGINEER. 2. Measurement‐ Item 16b: The number of acres of chipped vegetation which will be paid for under this item will be the actual number of acres, or partials thereof, of vegetation chipped as measured horizontally by survey for the purposes of accessing the Southern Waste Disposal Area. The area measurement for payment will be verified by the ENGINEER. 3. Payment: The unit price bid per acre for this item will be full compensation required for chipping as specified herein, including but not limited to: equipment, labor, stockpiling 01025 - 6 SECTION 01025 MEASUREMENT AND PAYMENT J.H. Winston Dump June 2018 of chipped materials, tarping of stockpiles, and temporary seeding. No payment will be made for any chipping beyond the limits as shown on the Drawings, or for which certifying surveys required by Section 01050 have not been submitted and approved by the ENGINEER. Q. Item 17 ‐ Excavation of Soil and Waste 1. Measurement‐ Item 17a: The quantity of waste that is excavated from the Northern Waste Disposal Area which will be paid for under this item will be the actual number of cubic yards measured by comparing the topographic survey performed after grubbing and removal of vegetation, stumps and topsoil and prior to excavation, to the topographic survey performed upon the completion of waste excavation. The volume measurement for payment will be verified by the ENGINEER. 2. Measurement‐ Item 17b: The quantity of waste that is excavated from the Southern Waste Disposal Area which will be paid for under this item will be the actual number of cubic yards measured by comparing the topographic survey performed after grubbing and removal of vegetation, stumps and topsoil and prior to excavation, to the topographic survey performed upon the completion of waste excavation. The volume measurement for payment will be verified by the ENGINEER. 3. Payment: The unit price bid for this item will be full compensation required to perform excavation work as shown on the Drawings and specified herein, including but not limited to: excavation; stockpiling; sheeting and bracing; verification and location of existing buried utilities and structures; care and protection of existing utilities and structures, daily cover, tarping; dewatering; leachate collection and disposal; and all other work required for or incidental to the satisfactory completion of this Work under this contract for which payment is not provided under other items in the bid form. No payment will be made for any excavation for which certifying surveys required by Section 01050 have not been submitted and approved by the ENGINEER. R. Item 18 ‐ Waste Disposal Fees 1. Measurement: The quantity of waste that is disposed of from the Waste Disposal Area which will be paid for under this item will be the actual number of tons as measured by certified scale at the disposal facility. 2. Payment: The unit price bid for this item will be full compensation required to dispose of excavated waste at the selected permitted disposal facility. Certified weight tickets from the disposal facility must be received and submitted for payment. S. Item 19 ‐ Hauling Fees 1. Measurement‐ Item 19a: The quantity of waste, asbestos containing materials, tires and stumps that are transported for disposal from the Northern Waste Disposal Area which will be paid for under this item will be the actual number of cubic yards measured by comparing the topographic survey performed after grubbing and removal of vegetation, and topsoil and prior to excavation, to the topographic survey performed upon the 01025 - 7 SECTION 01025 MEASUREMENT AND PAYMENT J.H. Winston Dump June 2018 completion of waste excavation. The volume measurement for payment will be verified by the ENGINEER. 2. Measurement‐ Item 19b: The quantity of waste, asbestos containing materials, tires and stumps that are transported for disposal from the Southern Waste Disposal Area which will be paid for under this item will be the actual number of cubic yards measured by comparing the topographic survey performed after grubbing and removal of vegetation, and topsoil and prior to excavation, to the topographic survey performed upon the completion of waste excavation. The volume measurement for payment will be verified by the ENGINEER. 3. Payment: The unit price bid for this item will be full compensation required to transport waste from the site to the permitted disposal facility, including but not limited to: equipment; fuel; mileage; labor; traffic control; and all other work required for or incidental to the satisfactory completion of this Work under this contract for which payment is not provided under other items in the bid form; and shall be in accordance with all local, municipal and NCDOT requirements. No payment will be made for which certifying surveys required by Section 01050 have not been submitted and approved by the ENGINEER. T. Item 20 ‐ Disposal of Tires 1. Measurement: The quantity of tires that are disposed of from the Waste Disposal Area which will be paid for under this item will be the actual number of tons as measured by certified scale at the disposal facility. 2. Payment: The unit price bid for this item will be full compensation required to dispose of tires at the selected permitted disposal facility. Certified weight tickets from the disposal facility must be received and submitted for payment. U. Item 21 ‐ Disposal of Asbestos Materials 1. Measurement: Suspect asbestos containing materials (ACM) are to be characterized by an accredited asbestos inspector per the Asbestos Management Plan. The quantity of ACM that are disposed of from the Waste Disposal Area that will be paid for under this item will be the actual number of tons as measured by certified scale at the disposal facility. 2. Payment: The unit price bid for this item will be full compensation required to dispose of ACM at the selected permitted disposal facility, as well as qualified personnel and engineering controls necessary to handle and manage the ACM. Certified weight tickets from the disposal facility must be received and submitted for payment. V. Item 22 ‐ Fine Grading and Soil Amendment 1. Measurement‐ Item 22a: The number of acres of fine grading and associated excavation which will be paid for under this item will be the actual number of acres, or partials thereof, of grading as measured horizontally by survey for the purposes of re‐shaping, 01025 - 8 SECTION 01025 MEASUREMENT AND PAYMENT J.H. Winston Dump June 2018 sloping and dressing the Northern Waste Disposal Area only after satisfactory subgrade conditions are determined by the ENGINEER as required by Section 02300. In addition, the number of acres of soil amended as recommended by the NCDA Soils Test will be paid for under this item. The area measurement for payment will be verified by the ENGINEER. 2. Measurement‐ Item 22b: The number of acres of fine grading and associated excavation which will be paid for under this item will be the actual number of acres, or partials thereof, of grading as measured horizontally by survey for the purposes of re‐shaping, sloping and dressing the Southern Waste Disposal Area only after satisfactory subgrade conditions are determined by the ENGINEER as required by Section 02300. In addition, the number of acres of soil amended as recommended by the NCDA Soils Test will be paid for under this item. The area measurement for payment will be verified by the ENGINEER. 3. Payment: The unit price bid per acre for this item will be full compensation required for grading as specified herein, including but not limited to: equipment, labor, hauling, placing, compacting, grading, temporary seeding, stockpiling and protection of suitable materials; and soil amendments, including but not limited to: equipment, labor, tilling, NCDA Soil Test results, fertilizer, lime, and all other work required for or incidental to the satisfactory completion of this Work under this contract for which payment is not provided under other items in the bid form. No payment will be made for which certifying surveys required by Section 01050 have not been submitted and approved by the ENGINEER. W. Item 23 ‐ Hydroseed and Chip Mulch 1. Measurement: The number of acres of hydroseeding and chip mulching which will be paid for under this item will be the actual number of acres, or partials thereof, of hydroseed and chip mulch applied as measured horizontally by survey for the purposes of restabilizing the Waste Disposal Area as required by Section 02370. In addition, the number of acres of soil amendments as recommended by the NCDA Soils Test. The area measurement for payment will be verified by the ENGINEER. 2. Payment: The unit price bid per acre for this item will be full compensation required for hydroseeding and mulching as specified herein, including but not limited to: equipment, labor, hauling, placing, compacting, grading, hydroseeding, spreading chip mulch, and soil amendments, No payment will be made for which certifying surveys required by Section 01050 have not been submitted and approved by the ENGINEER. X. Item 24 ‐ Survey 1. Measurement: The unit price for the survey shall be full compensation to measure and provide certified quantities of the waste collected and removed; as indicated in Items 16 through 24 and shall be in accordance with Section 01050. 2. Payment ‐ Item 24a: Payment shall be at the daily rate shown on the bid form. 01025 - 9 SECTION 01025 MEASUREMENT AND PAYMENT J.H. Winston Dump June 2018 3. Payment ‐ Item 24b: Payment shall be the unit price for subcontractor procurement as shown on the bid form. Y. Item 25 ‐ Remove Construction Entrance 1. Measurement: The unit quantity price bid for this item will be based on the full removal of the construction entrance, safety fencing and gate(s) and restoration of the site. 2. Payment: The unit price for the removal of the construction entrance, fencing and gate(s) shall be full compensation to remove the construction entrances as shown on the Drawings and as specified herein for which payment is not provided under other items in the Bid Form. Z. Item 26 ‐ Remove Temporary Erosion and Sedimentation Controls 1. The unit price for removal of temporary sediment and erosion control and stormwater control devices shall be full compensation to remove temporary sedimentation and erosion controls and stormwater control devices for the area, including controls for temporary structures, stockpiles, ditches, and roadways. Control measures shall include, but not be limited to: skimmer basin; diversion ditches; stormwater berms; slope drains; drainage ditches; rock dams; silt and tree protection fencing; dewatering bags; and shall conform to all Franklin County and NCDEQ Land Quality Standards and Requirements. AA. Item 27 ‐ Seed and Mulch 1. Measurement: The number of acres of seeding and mulching which will be paid for under this item will be the actual number of acres, or partials thereof, of seed and mulch applied as measured horizontally by survey for the purposes of stabilizing the Waste Disposal Area as required by Section 02370. In addition, the number of acres of soil amendments as recommended by the NCDA Soils Test. The area measurement for payment will be verified by the ENGINEER. 2. Payment: The unit price bid per acre for this item will be full compensation required for seeding and mulching as specified herein, including but not limited to: equipment, labor, hauling, placing, compacting, grading, seeding, spreading mulch, and soil amendments, No payment will be made for which certifying surveys required by Section 01050 have not been submitted and approved by the ENGINEER. BB. Item 28 ‐ Demobilization 1. Measurement: Will be based on actual invoice amount for demobilization. 2. Payment: Payment of this item will be made at the applicable unit amount, as above determined, and will represent full compensation for providing demobilization in accordance with the requirements of the General Conditions. 01025 - 10 SECTION 01025 MEASUREMENT AND PAYMENT J.H. Winston Dump June 2018 END OF SECTION 01026-1 SECTION 01026 SCHEDULE OF VALUES J.H. Winston Dump April 2018 SECTION 01026 SCHEDULE OF VALUES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit to the ENGINEER a Schedule of Values allocated to the various portions of the work as listed in the Bid Form (Section 00300) within ten (10) days after the effective date of the Agreement. B. Upon request of the ENGINEER, support the values with data, which will substantiate their correctness. C. The accepted Schedule of Values shall be used as the basis for the CONTRACTOR's Applications for Payment. 1.02 RELATED REQUIREMENTS A. The Contract Documents include, but are not limited to the following related requirements: 1. Section 00300: Bid Form 2. Section 01052: Applications for Payment 1.03 FORM AND CONTENT OF SCHEDULE OF VALUES A. An electronic copy of the Schedule of Values shall be submitted to the ENGINEER for approval prior to the first pay application. Identify the schedule with: 1. Title of Project and location; 2. ENGINEER and Site Identification Number; 3. Name and Address of CONTRACTOR; 4. Contract designation; and 5. Date of submission. B. The Schedule of Values shall list the installed value of the Work in sufficient detail to serve as a basis for payment during construction and shall be itemized in accordance with the Bid Form. C. For the various portions of the Work: 1. Each item shall include a directly proportional amount of the CONTRACTOR's overhead and profit. 2. Subcontractor’s costs shall be built‐in with the Bid Form value and not shown separately. 01026-2 SECTION 01026 SCHEDULE OF VALUES J.H. Winston Dump April 2018 D. The sum of all values listed in the schedule shall equal the total Contract Sum. E. The unit quantity for bulk materials shall include an allowance for normal waste. F. The installed unit value multiplied by the quantity listed shall equal the cost of that item in the Schedule of Values. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01027-3 SECTION 01027 APPLICATIONS FOR PAYMENT J.H. Winston Dump April 2018 SECTION 01027 APPLICATIONS FOR PAYMENT PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit Applications for Payment to the ENGINEER in accordance with the schedule established by the conditions of the Agreement between the ENGINEER and CONTRACTOR. The Applications for Payment will be based on the completion of general construction items listed on the Bid Form (Phases A through E). B. The accepted Schedule of Values, specification Section 01026, shall be used as the basis for the CONTRACTOR's Applications for Payment. 1.02 RELATED WORK A. Section 01025: Measurement and Payment B. Section 01026: Schedule of Values C. Section 01036: Change Order Procedures D. Section 01050: Field Engineering E. Section 01381: Construction Documentation F. Section 01700: Contract Closeout G. Section 01720: Project Record Documents 1.03 SUBMITTALS A. Submit Applications for Payment in automated format approved by the ENGINEER, with itemized data typed on letter or legal size white paper continuation sheets. Text and tabular data shall be in Microsoft Excel 7.0 or latest version, for Windows format. B. Provide itemized data on continuation sheet: 1. Format, schedules, line items and values: Those of the Schedule of Values accepted by the ENGINEER. C. Provide construction photographs in accordance with Section 01381. D. CONTRACTOR shall submit to the ENGINEER a Request for Payment upon completion of each Phase of work. 01027-4 SECTION 01027 APPLICATIONS FOR PAYMENT J.H. Winston Dump April 2018 E. Any Request for Payment received by the ENGINEER on or before the fifth (5th) of the calendar month shall be certified for payment or returned for re‐submission for the CONTRACTOR on or before the eighth (8th) of the calendar month. 1.04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Fill in required information, including that for Change Orders executed prior to the application submittal date. 2. Fill in summary of dollar values to agree with respective totals indicated on continuation sheets. 3. Execute certification with signature of a responsible officer of CONTRACTOR. B. Continuation Sheets: 1. Fill in total list of all scheduled component items of Work, with item number and scheduled dollar value for each item. 2. Fill in dollar value in each column for each scheduled line item when work has been performed. a. Round off values to nearest dollar, or as specified for Schedule of Values. 3. List each Change Order executed prior to date of submission, at the end of the continuation sheets. a. List by Change Order Number and description, as for an original component item of work. 1.05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. CONTRACTOR shall submit with each application for payment the following information: 1. Project Name; 2. Application number and date; 3. Detailed list of enclosures; and 4. Site Identification Number. B. Submit one electronic copy of supporting data and a cover letter for each application. C. As a prerequisite for payment, CONTRACTOR is to submit a "Surety Acknowledgment of Payment Request" letter showing the amount of progress payment, which the CONTRACTOR is requesting. 01027-5 SECTION 01027 APPLICATIONS FOR PAYMENT J.H. Winston Dump April 2018 D. The CONTRACTOR is to maintain an updated set of drawings to be used as record drawings in accordance with Section 01720. As a prerequisite for payments, the CONTRACTOR is to exhibit and submit for review the updated record drawings for review by the OWNER. E. The CONTRACTOR shall maintain an updated construction schedule in accordance with Section 01310. As a prerequisite for payments, CONTRACTOR shall submit the updated construction schedule with the applications for payments. If the CONTRACTOR fails to submit the required updated schedule within the time prescribed, the ENGINEER may withhold approval of payment until such time as the CONTRACTOR submits the required updated schedule. Submit one copy for each copy of application. F. The CONTRACTOR shall demonstrate, as a prerequisite for payments, compliance with all requirements specified in the approved erosion and sedimentation control permit to the ENGINEER. If the CONTRACTOR fails to demonstrate compliance with the approved erosion and sedimentation control permit and Section 02276, the ENGINEER reserves the right to withhold approval of payment until such time as the CONTRACTOR demonstrates to the ENGINEER full compliance with the approved erosion and sedimentation control permit and Section 02276. 1.06 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Fill in Application form as specified for progress payments. B. Use continuation sheet for presenting the final statement of accounting as specified in Section 01700 ‐ Contract Closeout. C. Submit all Project Record Documents in accordance with Sections 01050 and 01720. 1.07 SUBMITTAL PROCEDURE A. Submit electronic Applications for Payment to the ENGINEER at the times stipulated in the Agreement. B. When the ENGINEER finds Application properly completed and correct, he/she will transmit certificate for payment to OWNER, with copy to CONTRACTOR. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01036‐1 SECTION 01036 CHANGE ORDER PROCEDURES J.H. Winston Dump April 2018 SECTION 01036 CHANGE ORDER PROCEDURES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Promptly implement change order procedures. 1. Provide full written data required to evaluate changes. 2. Maintain detailed records of work performed on a time‐and‐material/force account basis. 3. Provide full documentation to ENGINEER on request. B. Designate in writing the member of CONTRACTOR's organization: 1. Who is authorized to accept changes in the Work. 2. Who is responsible for informing others the CONTRACTOR employs of the authorization of changes in the Work. 1.02 RELATED REQUIREMENTS A. Section 00500: Agreement. B. Section 01026: Schedule of Values. C. Section 01027: Applications for Payment. D. Section 01310: Construction Schedules. E. Section 01630: Substitutions and Product Options. F. Section 01720: Project Record Documents. 1.03 DEFINITIONS A. Change Order: See Section 00500. A. Work Change Directive (WCD): A written order to the CONTRACTOR, signed by the ENGINEER, which amends the Contract Documents as described, and authorizes the CONTRACTOR to proceed with a change which affects the Contract Sum or the Contract Time, for inclusion in a subsequent Change Order. B. Field Order: A written order to the CONTRACTOR, signed by the ENGINEER and the 01036‐2 SECTION 01036 CHANGE ORDER PROCEDURES J.H. Winston Dump April 2018 CONTRACTOR, which is issued to interpret/clarify the Contract Documents, order minor changes in the work and/or memorialize trade‐off agreements. The work described by a Field Order is to be accomplished without change to the Contract Price, Contract Time, and/or claims for other costs. 1.04 PRELIMINARY PROCEDURES A. ENGINEER may initiate changes by submitting a Request for Proposal (RFP) to the CONTRACTOR. Request will include: 1. Detailed description of the Change, Products, and location of the change in the Project. 2. Supplementary or revised Drawings and Specifications. 3. The projected time span for making the change, and a specific statement as to whether overtime work is, or is not, authorized. 4. A specific period of time during which the requested price will be considered valid. 5. Such request is for information only, and is not an instruction to execute the changes, nor to stop work in progress. B. CONTRACTOR may initiate changes by submitting a written notice to ENGINEER, containing: 1. Description of the proposed changes. 2. Statement of the reason for making the changes. 3. Statement of the effect on the Contract Sum and the Contract Time. 4. Statement of the effect on the work of separate contractors. 5. Documentation supporting any change in Contract Sum or Contract Time, as appropriate. 1.05 WORK CHANGE DIRECTIVE (WCD) A. In lieu of a RFP, ENGINEER may issue a WCD for the CONTRACTOR to proceed with a change for subsequent inclusion in a Change Order. B. Each WCD will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change, and will designate the method of determining any change in the Contract Sum and any change in Contract Time. C. ENGINEER will sign and date the WCD as authorization for the CONTRACTOR to proceed with the changes. D. CONTRACTOR may sign and date the WCD to indicate agreement with the terms therein. 01036‐3 SECTION 01036 CHANGE ORDER PROCEDURES J.H. Winston Dump April 2018 1.06 DOCUMENTATION OF PROPOSALS AND CLAIMS a. Support each quotation for a unit‐sum proposal, and for each unit price which has not previously been established, with sufficient substantiating data to allow ENGINEER to evaluate the quotation. B. On request, provide additional data to support time and cost computations. 1. Labor required. 2. Equipment required. 3. Products required. a. Recommended source of purchase and unit cost. b. Quantities required. 4. Taxes, insurance and bonds. 5. Credit for work deleted from Contract, similarly documented. 6. Overhead and profit. 7. Justification for any change in Contract Time. C. Support each claim for additional costs, and for work done on a time‐and‐material/force account basis, with documentation as required for a unit‐sum proposal, plus additional information. 1. Name of the CONTRACTOR’s authorized agent who ordered the work, and date of the order. 2. Dates and times work was performed, and by whom. 3. Time record, summary of hours worked, and hourly rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b. Products used, listing of quantities. c. Subcontracts. D. Document requests for substitutions for Products as specified in Section 01630. 01036‐4 SECTION 01036 CHANGE ORDER PROCEDURES J.H. Winston Dump April 2018 1.07 PREPARATION OF CHANGE ORDERS AND FIELD ORDERS A. ENGINEER will prepare each Change Order and Field Order. B. Forms: See Section 00500 for forms. C. Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time. E. Field Order will describe interpretations or clarifications of Contract Documents, order minor changes in the Work, and/or memorialize trade‐off agreements. F. Field Order work will be accomplished without change in the Contract Sum, Contract Time, and/or claims for other costs. 1.08 UNIT‐SUM/FIXED PRICE CHANGE ORDER A. Content of Change Orders will be based on, either: 1. ENGINEER's Proposal Request and CONTRACTOR's responsive Proposal as mutually agreed between OWNER and ENGINEER. 2. CONTRACTOR's Proposal for a change, as recommended by ENGINEER. B. ENGINEER will sign and date the Change Order as authorization for the CONTRACTOR to proceed with the changes. C. CONTRACTOR will sign and date the Change Order to indicate agreement with the terms therein. 1.09 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on, either: 1. ENGINEER's definition of the scope of the required changes. 2. CONTRACTOR's Proposal for a change, as recommended by ENGINEER. 3. Survey of completed work. B. The amounts of the unit prices to be: 1. Those stated in the Bid Form. 2. The unit prices stated in the Proposal shall be utilized for all change orders and shall represent the total cost, including overhead and profit unless quantities warrant change per Specification Section 00500. 01036‐5 SECTION 01036 CHANGE ORDER PROCEDURES J.H. Winston Dump April 2018 C. When quantities of each of the items affected by the Change Order can be determined prior to start of the work: 1. ENGINEER will sign and date the Change Order as authorization for CONTRACTOR to proceed with the changes. 2. CONTRACTOR will sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the work: 1. ENGINEER may issue a WCD directing CONTRACTOR to proceed with the change on the basis of unit prices, and will cite the applicable unit prices. 2. At completion of the change, ENGINEER will determine the cost of such work based on the unit prices and quantities used. a. CONTRACTOR shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time. 3. ENGINEER will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. 1.10 TIME AND MATERIAL/FORCE ACCOUNT CHANGE ORDER/WORK CHANGE DIRECTIVE A. ENGINEER will issue a WCD directing CONTRACTOR to proceed with the changes. B. At completion of the change, CONTRACTOR shall submit itemized accounting and supporting data as provided in the Article "Documentation of Proposals and Claims" of this Section. C. ENGINEER will determine the allowable cost of such work, as provided in General Conditions and Supplementary Conditions. D. ENGINEER will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. 1.11 CORRELATION WITH CONTRACTOR'S SUBMITTALS A. Periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Contract Sum. B. Periodically revise the Construction Schedule to reflect each change in Contract Time. 1. Revise subschedules to show changes for other items of work affected by the changes. C. Upon completion of work under a Change Order, enter pertinent changes in Record Documents. 01036‐6 SECTION 01036 CHANGE ORDER PROCEDURES J.H. Winston Dump April 2018 PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01041-1 SECTION 01041 PROJECT COORDINATION J.H. Winston Dump April 2018 SECTION 01041 PROJECT COORDINATION PART 1 GENERAL 1.01 GENERAL A. Work under this Contract includes, but is not limited to timbering, clearing and grubbing, erosion and sedimentation control, stormwater control, waste excavation and removal, site stabilization and other incidentals as shown on the Drawings and specified herein. B. Carefully coordinate and conduct all work in strict accordance with Federal, State, and City requirements and standards. 1.02 LINES AND GRADES A. The CONTRACTOR shall be responsible for establishing all lines and measurements necessary for the proper execution and control of the work. Available horizontal and vertical controls are shown on the Drawings. Any deviation from the proposed grading or stockpile area as shown on the Drawings shall be prohibited without approval from the ENGINEER. 1.03 ACCESS AND DRAINAGE A. The CONTRACTOR shall provide and maintain adequate access to and throughout the site and shall keep all natural drainage and water courses unobstructed or provide equal courses effectively placed. The CONTRACTOR shall maintain drainage facilities to prevent accumulation of surface water. The ENGINEER assumes no responsibility for the placement, condition or maintenance of any access roads or structures that may be used by the CONTRACTOR in the performance of his work. B. CONTRACTOR shall maintain on‐site unpaved roads utilized during construction. This shall include, but not be limited to, replacing gravel, etc., as needed. The OWNER assumes no responsibility for the placement, condition or maintenance of any access roads or structures that may be used by the CONTRACTOR in the performance of his work. 1.04 PROVISIONS FOR THE CONTROL OF DUST A. Sufficient precautions shall be taken during construction to minimize dust. Dust control shall be performed for the entirety of the construction project until disturbed areas are stabilized and are no longer subject to creating dust. Water shall be applied as required to control dust. 01041-2 SECTION 01041 PROJECT COORDINATION J.H. Winston Dump April 2018 B. CONTRACTOR shall be sufficiently prepared to control dust during worst case scenarios, such as extremely high winds generated during storms. C. Track‐out on Long Mill Road will be removed by the CONTRACTOR as conditions warrant or as determined by the ENGINEER. 1.05 LOCATION, PROTECTION AND MAINTENANCE OF EXISTING UTILITIES, STRUCTURES AND PROPERTY A. Existing utilities are located and are operating in the construction area. CONTRACTOR shall contact the office of each utility operator and ascertain the extent of specific service areas. CONTRACTOR shall contact the North Carolina One‐Call at least 72 hours prior to excavating. B. The location of existing utilities across or along the line of the proposed work is not necessarily shown on the Drawings and where shown is only approximately correct. The CONTRACTOR shall locate all underground lines and structures prior to excavation. C. The CONTRACTOR shall assume full responsibility for the protection and restoration of all utilities, public or private, including poles, signs, services to buildings, utilities in the street, gas pipes, water pipes, hydrants, sewers, drains, and electric and telephone cables, whether or not they are shown on the Drawings. CONTRACTOR shall carefully support and protect all such structures and utilities from injury. Damages resulting from the construction operations shall be repaired by CONTRACTOR. D. The CONTRACTOR shall fully cooperate at all times with the utility owners to maintain the operation of existing utilities with the least amount of interference and interruption possible. Continuous service, public health and safety considerations shall exceed all others and the CONTRACTOR's schedule, plans and work shall at all times be subject to alteration and revision if necessary for these considerations. E. Temporary support, adequate protection and maintenance of all underground and surface utility installations and structures, drains, sewers, and other obstructions encountered shall be provided as required by the CONTRACTOR. Arrange and pay all costs for required support of utility poles and other structures as required by the utility owners prior to excavation. F. Trees, shrubbery, fences, poles, signs and all other property shall be protected to the extent practicable. 1.06 RELOCATION OF UTILITIES AND STRUCTURES A. The CONTRACTOR shall be responsible for the temporary or permanent relocation of structures and utilities, including but not limited to poles, signs, fences, hydrants, valves, piping, conduits, and drains that interfere with the positioning of the Work as shown on the Drawings. B. No relocations of utilities shall be made without approval of the owner of the utility. 01041-3 SECTION 01041 PROJECT COORDINATION J.H. Winston Dump April 2018 C. All manhole frames and covers in intersections and elsewhere shall be adjusted as required to be flush with the final pavement surface. 1.07 CLAIMS FOR PROPERTY DAMAGE A. Upon notification by the ENGINEER, the CONTRACTOR shall investigate each claim for property damage and shall file, within ten (10) days of such notification, a statement with ENGINEER setting forth all facts and details relative to such claim. 1.08 CARE AND PROTECTION OF PROPERTY A. The CONTRACTOR shall be responsible for the preservation of all public and private property and shall use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work on the part of the CONTRACTOR, such property shall be restored by the CONTRACTOR, at his expense, to a condition similar or equal to that existing before the damage was done, or he shall make good the damage in other manner acceptable to the ENGINEER. B. All driveways, sidewalks, curbs and gutters disturbed by the CONTRACTOR's operations shall be restored to their original condition in accordance with NCDOT and local municipal requirements. C. All fences, signs, mailboxes, and other physical features shall be protected and restored in a workmanlike manner by the CONTRACTOR. Fences and other features removed by the CONTRACTOR shall be replaced as soon as conditions permit. All grass areas beyond the limits of construction which have been damaged by the CONTRACTOR shall be regraded and restored to their original condition. 1.09 PROTECTION OF CONSTRUCTION AND EQUIPMENT A. All newly constructed work shall be carefully protected from injury in any way. No wheeling or walking or placing of heavy loads on it shall be allowed and all portions injured shall be reconstructed by the CONTRACTOR at his own expense. B. All structures shall be protected in a manner approved by the ENGINEER. Should any of the surfaces or other parts of the structures become heaved, cracked or otherwise damaged, all such damaged portions of the work shall be completely repaired and made good by the CONTRACTOR at his own expense and to the satisfaction of the ENGINEER. If, in the final inspection of the work, any defects, faults or omissions are found, the CONTRACTOR shall cause the same to be repaired or removed and replaced by the proper materials and labor required. Further, the CONTRACTOR shall be fully responsible for the satisfactory maintenance and repair of the construction and other work undertaken herein, for at least the guarantee period described in the Contract. C. The CONTRACTOR shall take all necessary precautions to prevent damage to any structure due to water pressure during and after construction and until such structure is accepted by the ENGINEER. 01041-4 SECTION 01041 PROJECT COORDINATION J.H. Winston Dump April 2018 D. The CONTRACTOR shall maintain the Work during construction and until the project is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that the road or structures are kept in a satisfactory condition at all times. E. All costs of maintenance work during construction and before the project is accepted shall be included in the unit sum and/or unit prices bid on various pay items and the CONTRACTOR will not be paid an additional amount for such work. 1.10 FAILURE TO MAINTAIN ROADWAY AND DRAINAGE A. If the CONTRACTOR, at any time, fails to comply with the provisions of Paragraph 1.03, the ENGINEER will immediately notify the CONTRACTOR of such non‐compliance. If the CONTRACTOR fails to remedy the unsatisfactory maintenance within 24 hours after receipt of such notice, the ENGINEER will immediately proceed to maintain the project, and the entire cost of his maintenance will be deducted from the monies due or to become due the CONTRACTOR on the Contract. 1.11 DAMAGE DUE TO HIGH WATER A. The CONTRACTOR shall hold himself responsible for all damage done to the Work by heavy rains or flood and CONTRACTOR shall take all reasonable precautions to provide against damages in a permitable manner. 1.12 EMERGENCIES A. The CONTRACTOR shall at all times after regular working hours, weekends and holidays, maintain a telephone where the CONTRACTOR or his representative can be reached on an emergency basis. The CONTRACTOR or his representative shall be prepared to act to correct conditions on the site deemed to constitute an emergency by the ENGINEER, or local authorities and is obligated to act to prevent threatened damage, injury, or loss without special instructions from the ENGINEER. The CONTRACTOR shall give the ENGINEER prompt written notice of all significant changes in the Work or deviations from the Contract caused thereby. If a condition on the site requires attention after working hours, the ENGINEER, or local authority shall call the CONTRACTOR or his representative at the emergency telephone number, identify himself and describe the emergency condition. The CONTRACTOR is expected to dispatch men and equipment to adequately institute corrective measures within two (2) hours. If the CONTRACTOR or his representative cannot be reached at the emergency number after a reasonable time (½ hour), the ENGINEER shall have the right to immediately initiate corrective measures, and the cost of such measures shall be borne by the CONTRACTOR. B. Emergency phone numbers (fire, medical, police) shall be posted at the CONTRACTOR's phone and its location known to all. C. Accidents or incidents shall be reported immediately to the ENGINEER by messenger or phone. D. All accidents or incidents shall be documented and a fully detailed written report, including 01041-5 SECTION 01041 PROJECT COORDINATION J.H. Winston Dump April 2018 police reports if produced, submitted to the ENGINEER after each occurrence. 1.13 GUARANTEE A. Work on this project shall be guaranteed in accordance with requirements of Section 00500. Work found to be defective within 1 year (unless otherwise specified) after the date of Substantial Completion shall be corrected or replaced in accordance with Section 00500. 1.14 DAILY REPORTS A. The CONTRACTOR shall submit daily reports of construction activities for all days including non‐ work days beginning with the start of construction and terminating with the end of demobilization. The report shall include: 1. Manpower, number of men by craft (trade); 2. Equipment on the project; 3. Major material deliveries; 4. Activities work with references to the CPM schedule activity numbers; 5. Construction difficulties or concerns; and 6. Any additional pertinent information. B. A similar report shall be submitted for or by each subcontractor. C. Daily reports shall be submitted to the ENGINEER within two working days of the respective daily report date. Each report shall be signed by the CONTRACTOR's Superintendent or Project Manager. Subcontractor daily reports not prepared by the CONTRACTOR shall be signed by the subcontractor's responsible party on site or by the subcontractor's Project Manager. D. Information provided on the daily report shall not constitute notice of delay or any other notice required by the Contract documents, nor shall it constitute any requests or submittals required by the Contract documents to be in writing. Notices and requests shall be submitted as required therein. 1.15 PERMITS A. Upon notice of award, the CONTRACTOR shall immediately apply for all applicable permits not previously obtained by the ENGINEER to do the work from the appropriate governmental agency or agencies. No work shall commence until all applicable permits have been obtained and copies delivered to the ENGINEER. The costs for obtaining all permits shall be borne by the CONTRACTOR. B. The CONTRACTOR shall schedule all inspections and obtain all written approvals of the agencies required by the permits. C. The CONTRACTOR shall comply with all construction related conditions specified in each of the permits obtained by the CONTRACTOR and ENGINEER. D. The ENGINEER has obtained (or will obtain prior to construction) the following permits and approvals: 01041-6 SECTION 01041 PROJECT COORDINATION J.H. Winston Dump April 2018 1. Erosion and Sedimentation Control Permit E. CONTRACTOR will be provided with permits and shall comply with all requirements and shall provide and perform all work required of Permitee, ENGINEER, CONTRACTOR, etc. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01050-1 SECTION 01050 FIELD ENGINEERING J.H. Winston Dump April 2018 SECTION 01050 FIELD ENGINEERING PART 1 GENERAL 1.01 SCOPE OF WORK A. CONTRACTOR shall provide certified survey work required in execution of the Project. The term "certified" as used throughout this Section shall mean work by a surveyor registered to practice in North Carolina. B. Provide civil, structural, or other professional engineering services specified or required to execute CONTRACTOR's construction methods. C. Provide Record Drawings to be used for recovering quantities and documenting construction. All Record Drawings shall be AutoCAD Release 2015 format as specified in the following Sections. D. The CONTRACTOR shall retain the services of a Professional Land Surveyor licensed in the State of North Carolina to perform all surveying. E. The ENGINEER shall provide AutoCAD files and standards for Record Drawings that are to be maintained by the CONTRACTOR. The CONTRACTOR will be required to sign and submit the AutoCAD Disclaimer Form at the end of this Section before receiving the AutoCAD files. F. As a condition for reaching Substantial Completion, submit certified drawings with complete AutoCAD files signed and sealed by a North Carolina Professional Land Surveyor. 1.02 RELATED WORK A. Section 01010: Summary of Work B. Section 01025: Measurement and Payment C. Section 01027: Applications for Payment D. Section 01700: Contract Closeout E. Section 01720: Project Record Documents 1.03 SUBMITTALS A. Submit name, address, and copy of license of Professional Land Surveyor to be used on this project to the ENGINEER within 10 days of the Notice to Proceed. B. Submit certificate with each submittal signed by a North Carolina Professional Land Surveyor certifying that elevations and locations of new work and improvements are in conformance or non‐conformance with the Contract Documents. 01050-2 SECTION 01050 FIELD ENGINEERING J.H. Winston Dump April 2018 C. The CONTRACTOR is required to submit surveys prepared, signed, and sealed by a Registered Land Surveyor. All surveys shall be tied to North Carolina State Plane Coordinate System, North American Datum, NAD 1983 (Horizontal) and National Geodetic Vertical Datum, NGVD‐88 (Vertical). These drawings shall constitute the project record documents. The CONTRACTOR shall submit each survey electronically and will provide files in AutoCAD Release 2015 or later format. All information in the AutoCAD file must be at appropriate 3‐D elevation and coordinates. All entities shall be placed on layer names, which adequately describe the entity being mapped. The CONTRACTOR's surveyor is required to perform, and submit to the ENGINEER the following types of surveys: 1. Certified field topographic map surveys and Digital Terrain Models (DTM) shall be at a minimum performed at the following stages of construction: a. Immediately following clearing, grubbing, stumping and prior to excavating waste. This topographic mapping is intended to verify pay quantities and shall be developed using a Global Positioning System (GPS). b. Immediately following the excavation of waste and prior to fine grading. This topographic mapping is intended to verify pay quantities and shall be developed using GPS. c. The entire J.H. Winston Dump site at the time the CONTRACTOR intends to submit documentation to support a claim for substantial completion. This topographic mapping shall be developed from a GPS survey. The surveys shall meet the following criteria: 1) 1" = 50' scale reproducible plot. 2) Produced at national map accuracy standards for 1" = 50' scale maps with 1' contour interval. 3) The DTM must contain adequate 3‐D points and 3‐D breaklines required to accurately model the photographed or surveyed surface to within above stated accuracy. The DTM must also provide a 2‐D polyline defining the limits of the area surveyed. The points, breaklines, and survey limits line shall be on separate layers. The AutoCAD file of the DTM model must be compatible for use with Land Development Desktop software. 2. CONTRACTOR shall submit a certified survey for each grade (i.e. top of waste, top of subgrade, and fill or final cover above waste). Each survey shall contain the elevation data for the previous subsurface(s). 3. A Certified “As‐Built” Survey of the topographic surface installed by the CONTRACTOR for the J.H. Winston Dump site shall be provided after completion of the project and shall include the following: locations of temporary erosion and sedimentation controls, areas of clearing, grubbing, and waste excavation, areas of fine grading, and limits of seeding and mulching. 01050-3 SECTION 01050 FIELD ENGINEERING J.H. Winston Dump April 2018 1.04 QUALIFICATIONS OF SURVEYOR A. Professional Land Surveyor of the discipline required for the specific service on the Project, currently licensed in the State of North Carolina. 1.05 SURVEY REFERENCE POINTS A. Existing basic horizontal and vertical control points for the Project are those designated on the drawings. B. Locate and protect control points prior to starting site work and preserve all permanent reference points during construction. 1. Make no changes or relocations without prior written notice to the ENGINEER. 2. Report to the ENGINEER when any reference point is lost or destroyed, or requires relocation because of necessary changes in grades or locations. 3. Require surveyor to correctly replace project control points which may be lost or destroyed. a. Establish replacements based on original horizontal and vertical survey control. 1.06 PROJECT SURVEY REQUIREMENTS A. Establish a minimum of two permanent bench marks on site, referenced to data established by survey control points. 1. Record locations, with horizontal and vertical data, on Project Record Documents. B. Establish lines and levels, locate and lay out, by instrumentation and similar appropriate means: 1. Site improvements C. From time to time, verify layouts by same methods. D. Establish all lines and grades prior to construction at 50‐foot increments and at defined breaks in grade except as otherwise noted. 1.07 RECORDS A. Maintain a complete, accurate log of all control and survey work as it progresses. B. Update the Project Record Drawings on a monthly basis based on the work performed during the month ending at the pay request as a condition for approval of monthly progress payment requests. C. Maintain an accurate record of all changes, revisions, and modifications. D. All field survey notes will be retained by the Surveyor. The results from the field surveys will be documented on a set of Survey Record (As‐Built) Drawings signed and sealed by a Registered Professional Engineer or Professional Land Surveyor licensed in the State of North Carolina. The CONTRACTOR shall certify to the ENGINEER that the results of the survey demonstrate compliance with the Contract Documents. These drawings shall, at a minimum, show the final 01050-4 SECTION 01050 FIELD ENGINEERING J.H. Winston Dump April 2018 elevations and locations of all surfaces and appurtenances surveyed. E. All proofs associated with the construction of the J.H. Winston Dump Remedial Action shall become the property of the North Carolina Department of Environmental Quality. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) 01050-5 SECTION 01050 FIELD ENGINEERING J.H. Winston Dump April 2018 AUTOCAD DISK COPY DISCLAIMER As an accommodation to (CONTRACTOR), F&R agrees to provide CONTRACTOR an electronic copy of the AutoCAD disk used to develop the Conformed Contract Drawings for the J.H. Winston Dump Remedial Action Project. The information contained may include all information which is shown on the Contract Drawings. CONTRACTOR is aware of the potential errors that may arise through the electronic copying of the AutoCAD disk. This AutoCAD disk is provided to CONTRACTOR as is and CONTRACTOR may use this AutoCAD disk for the construction of the J.H. Winston Dump Remedial Action Project. Any use on any other project is strictly prohibited. The copyright of information contained on this disk shall remain F&R. F&R makes no warranties, express or implied, including merchantability or fitness for the particular purpose relating to the accuracy or completeness of the information contained on this disk itself or the subsequent use of the information contained on this disk. Acknowledgment by CONTRACTOR: Name (printed): Title: Signature: Dated: END OF SECTION 01102 -1 SECTION 01102 SAFETY, HEALTH & EMERG. RESPONSE J.H. Winston Dump April 2018 SECTION 01102 SAFETY, HEALTH AND EMERGENCY RESPONSE PART 1 GENERAL 1.01 SCOPE OF WORK A. This Section describes the responsibilities of the CONTRACTOR for safety, health, and emergency response. ENGINEER requires that work performed will not result in: 1. Injuries to workers or other persons; 2. Worker exposures to health hazards above the occupational exposure limits established by the Occupational Safety and Health Administration (OSHA), American Conference of Governmental Industrial Hygienists, or the Nuclear Regulatory Commission (NRC); 3. Exposure of area residents to air contaminants above the levels established for general public exposure; 4. Significant increases in the levels of contaminants in soil, water, or sediment near the site; 5. Violations of OSHA, United States Environmental Protection Agency (EPA), NRC, or State regulations. B. Any disregard for the provision of these Health and Safety requirements may be deemed just and sufficient cause for termination of the Contract without compromise or prejudice to the rights of the CONTRACTOR. 1.02 SUBMITTALS A. Submit, in accordance with Section 01300, the following documentation: 1. Safety, Health and Emergency Response Plan (SHERP). 2. Confirmation that site workers have completed the 40‐hour Hazardous Waste Operations and Emergency Response OSHA training and have current medical certifications. 3. An Asbestos Management Plan approved by the North Carolina Department of Health and Human Services ‐ Division of Public Health ‐ Health Hazards Control Unit (HHCU). The approved Asbestos Management Plan shall be submitted prior to excavating waste. 1.03 SHERP REQUIREMENTS A. Site‐specific health and safety procedures including a detailed accident prevention plan are required due to the potentially hazardous conditions at this site. These procedures shall be described in a SHERP prepared by the CONTRACTOR. The SHERP shall be submitted to the ENGINEER and will be reviewed by the ENGINEER before any Work at the site can be initiated. Implement, maintain and enforce the SHERP procedures at the appropriate time prior to and 01102 -2 SECTION 01102 SAFETY, HEALTH & EMERG. RESPONSE J.H. Winston Dump April 2018 during all phases of the Work. B. Utilize the services of a health and safety professional designated the Health and Safety Manager (HSM) to develop and implement the SHERP, including the provision of support for all health and safety activities as needed, including the upgrading or downgrading of the level of personnel protection. 1. In addition, a Site Safety and Health Officer (SSHO) shall assist and represent the HSM in the continued implementation and enforcement of the SHERP. The SSHO shall be assigned to the site on a full time basis and shall be either the Contractor's employee or a subcontractor who reports to the Contractor and the HSM in matters pertaining to site safety and health. C. The following definitions shall be used throughout this Safety, Health and Emergency Response Plan. 1. HSM: The CONTRACTOR's employee assigned to develop the SHERP and who assumes full responsibility for the CONTRACTOR's health and safety program. 2. SSHO: The CONTRACTOR's employee assigned to the site on a full‐time basis for the duration of the project with functional responsibility for implementation of the SHERP. 3. Site: For the purpose of the SHERP, the site shall be the area within the limits of work as shown on the Design Drawings. 4. Monitoring: Indicates the use of field instrumentation to provide information regarding the levels of landfill gas (LFG) or asbestos fibers which may be present during remediation activities. Monitoring shall be conducted to evaluate worker or area resident exposures to toxic air pollutants. 5. Physician: A licensed physician provided by the CONTRACTOR with experience in the practice of occupational medicine. 1.04 RELATED REQUIREMENTS A. Summary of Work is included in Section 01010. 1.05 REGULATORY REQUIREMENTS AND APPLICABLE PUBLICATIONS A. The site‐specific SHERP shall be consistent with the appropriate OSHA Standards and Regulations, and EPA Standard Operating Guidelines. B. The SHERP shall include but not necessarily be limited to, the following components as required by OSHA 29 CFR 1910.120(i)(2): 1. Names of key personnel and alternates responsible for site safety and health (responsibilities and chain of command); 2. Safety and health hazard assessment and risk analysis for each site task and operation (Accident Prevention Plan); 01102 -3 SECTION 01102 SAFETY, HEALTH & EMERG. RESPONSE J.H. Winston Dump April 2018 3. Personnel Protective Equipment; 4. Medical Surveillance; 5. Air Monitoring; 6. Standard Operating Procedures, Engineering Controls and Work Practices; 7. Site Control Measures; 8. Emergency Equipment and First Aid Requirements; 9. Emergency Response Plan and Contingency Procedures; 10. Heat/Cold Stress Monitoring; and 11. Logs, Reports and Record Keeping. C. An electronic copy of the site‐specific SHERP shall be submitted to the ENGINEER within 7 days following the Effective Date of the Agreement and must be approved prior to commencement of any on‐site work. D. Determination of the appropriate level of worker safety equipment and procedures shall be made by the CONTRACTOR as a result of initial site survey review of existing data. E. Standards delineated in this Section are in addition to or an amplification of procedures and requirements of the above referenced regulations and documents. F. Should any unforeseen or site‐specific safety related factor, hazard, or condition become evident during the performance of work at this site, it shall be the CONTRACTOR's responsibility to bring such to the attention of the ENGINEER both verbally and in writing as quickly as possible, for resolution. In the interim, the CONTRACTOR shall take prudent action to establish and maintain safe working conditions and to safeguard employees, the public and the environment. G. Should the CONTRACTOR seek relief from, or substitution for, any portion or provision of the SHERP, such relief or substitution shall be requested of the ENGINEER in writing and if approved, be authorized in writing. H. The SHERP developed by the CONTRACTOR shall include provisions for work related to initial site preparation prior to implementation of the facilities described in this Contract. It shall be the responsibility of the CONTRACTOR to conduct testing and monitoring as deemed necessary to assure a safe operation during the initial site preparation work. 1.06 SITE CONTROL A. Communications 1. Provide portable two‐way radio or portable vehicle telephone communication at the site; and emergency numbers, including police, fire, ambulance, hospital and ENGINEER, shall be prominently posted near the radio or telephone. 01102 -4 SECTION 01102 SAFETY, HEALTH & EMERG. RESPONSE J.H. Winston Dump April 2018 B. Security 1. CONTRACTOR shall ensure that all work is properly and adequately secured for the duration of the project. CONTRACTOR shall coordinate with the ENGINEER regarding compliance with specific security procedures for the site. Specific components of this security operation are as follows: a. Maintain a log of security incidents. b. Require visitors having access to the site to sign‐in and sign‐out and keep a record of all site access. c. All gates and points of access shall be locked during periods of no work. 1.07 TRAINING A. Certify that all personnel assigned to or regularly entering the site for the purpose of performing or supervising work, for health, safety, security, or administrative purposes, for maintenance, or for any other site‐related function, has received appropriate safety training for the performance of work in a landfill environment. All CONTRACTOR or subcontractor employees working on‐ site must be 40‐hour OSHA trained and have current medical certifications. B. At least one person who has been trained and certified in First Aid and CPR by the American Red Cross, or an equivalent organization, shall be present on site during all project operations. C. A North Carolina accredited asbestos inspector shall be on‐site during waste excavation activities to identify potential asbestos containing materials (ACM). D. Provide a site specific training session for CONTRACTOR personnel scheduled to work on‐ site. This training shall include a health and safety briefing on the following information: 1. Names of personnel and alternates responsible for site safety and health; 2. Injury, illness, and other hazards present on the site; 3. Safe use of engineering controls and equipment on site; 4. Work practices by which the employee can minimize risks from hazards; 5. Selection, use, care, and maintenance of Personal Protective Equipment; 6. Site control procedures, including log in and log out; 7. Standard operating safety procedures; and 8. Emergency response contingency plan. E. Additionally, guarantee that, personnel not successfully completing the required training are not permitted to enter the site to perform work. 01102 -5 SECTION 01102 SAFETY, HEALTH & EMERG. RESPONSE J.H. Winston Dump April 2018 1.08 EMERGENCY EQUIPMENT AND FIRST AID REQUIREMENTS A. Develop contingency plans including evacuation procedures and routes to places of refuge or safe distances from the danger area, for the following potential emergencies: landfill gas exposure, asbestos, personal injury, potential or actual fire or explosion, and environmental accident (spill or release). In the event of any emergency, without delay: take diligent action to remove or otherwise minimize the cause of the emergency; alert the ENGINEER and institute whatever measures might be necessary to prevent any repetition of the conditions or actions leading to, or resulting in, the emergency. B. Emergency medical care services shall be prearranged at a nearby medical facility with established emergency routes. The staff at the facility shall be advised of the potential medical emergencies that might result. C. Establish emergency communications with health and emergency services. The name of this facility, name of contact, emergency routes and emergency communications arrangements shall be provided in the SHERP. In addition the CONTRACTOR shall provide the following equipment: 1. At least one first aid kit shall be provided and maintained fully stocked at a first aid station which is in close proximity to the work. First aid kit locations shall be specially marked and provided with adequate water and other supplies necessary to cleanse burns and/or wounds. 2. Have at least one certified First Aid Technician on the site at any time there is work being performed. This person may perform other duties, but must be immediately available to render first aid when needed. Certification shall be by the American Red Cross or other approved agency and shall be submitted to the Engineer. 1.09 EMERGENCY RESPONSE AND CONTINGENCY PROCEDURES A. Develop an emergency response and contingency plan for on‐site and off‐site emergencies, as specified in OSHA 29 CFR 1910.120(l), which shall address at a minimum: 1. Pre‐emergency planning; 2. Personnel roles, lines of authority, training and communication; 3. Emergency recognition and prevention; 4. Safe distances and places of refuge; 5. Site security and control; 6. Evacuation routes and procedures; 7. Emergency medical treatment and first aid; 8. Emergency alerting and response procedures; and 9. Personal Protection Equipment (PPE) and emergency equipment. 01102 -6 SECTION 01102 SAFETY, HEALTH & EMERG. RESPONSE J.H. Winston Dump April 2018 B. In the event that an accident for some other safety related incident occurs during the course of the project, the ENGINEER shall be telephoned immediately and receive a written notification within 24 hours. The report shall include the following items: 1. Name, organization, telephone number, and location of the CONTRACTOR; 2. Name and title of the person(s) reporting; 3. Date and time of accident/incident; 4. Brief summary of accident/incident giving pertinent details including type of operation ongoing at time of accident; 5. Cause of accident/incident, if known; 6. Casualties (fatalities, disabling injuries); 7. Estimated property damage, if applicable; 8. Nature of damage; effect on contract schedule; 9. Action taken by CONTRACTOR to ensure safety and security; and 10. Other damage or injuries sustained (public or private). 1.10 PERSONAL PROTECTIVE EQUIPMENT A. Provide all on‐site personnel with appropriate personal safety equipment and protective clothing, and ensure that all safety equipment and protective clothing is kept clean and well maintained. The CONTRACTOR’s HSM shall establish upgrade/downgrade "action levels" from the specified minimum levels of protection based upon air monitoring results and direct contact potential. Protocols formally changing the level of protection and the communication network for doing so shall be described in the SHERP. Any changes to the minimum level of protection shall be approved by the SSHO and the Engineer. At a minimum the following items shall be provided: 1. Level D protective clothing shall be worn by all on‐site personnel unless an upgrade is required in accordance with the provisions set forth in this specification. 2. All prescription eyeglasses in use on the site shall be safety glasses. 3. Footwear used on site shall be steel‐toed, steel shank safety shoes or boots. 4. All on‐site personnel shall wear a hard hat. 1.11 EXPOSURE MONITORING A. Exposure monitoring shall be addressed in the SHERP. B. Provide all required exposure monitoring equipment and analysis. This equipment shall be operated only by personnel who have been trained in its use. Maintain and calibrate the 01102 -7 SECTION 01102 SAFETY, HEALTH & EMERG. RESPONSE J.H. Winston Dump April 2018 equipment according to the manufacturer's instructions. C. Record exposure measurements and make them available to the ENGINEER upon request. 1.12 ASBESTOS CONTAINING MATERIALS (ACM) A. ACM are potentially present at the site. The CONTRACTOR will have a North Carolina accredited asbestos inspector on‐site to identify suspect ACM during excavation activities. Suspect ACM encountered during excavation activities will be segregated and transported to a permitted disposal facility. The suspect ACM shall be kept moist during excavation, transport, and disposal to reduce the potential for airborne emissions. B. Prior to any disturbance of suspect ACM, the CONTRACTOR will submit an Asbestos Management Plan, cover letter, and a Courtesy Notification‐Asbestos Permit Application and Notification for Demolition/Renovation notice to the appropriate personnel at HHCU for review. To obtain the form go to http://epi.publichealth.nc.gov/. On the right side of the page, click Asbestos Demolition, Removal and Renovation, from Forms and then Applications & Notifications. Use form HHCU 3768. Please note, there are no fees associated with this submittal. The CONTRACTOR must arrange to have the Asbestos Management Plan reviewed and approved by a North Carolina accredited asbestos designer. In addition, the CONTRACTOR shall submit the Asbestos Management Plan to the ENGINEER for review and approval. C. Ambient air monitoring shall be performed by the CONTRACTOR in accordance with the approved Asbestos Management Plan prior to disturbing suspect ACM. Locations shall be chosen with respect to accessibility, wind direction and potential for public exposure outside the project boundaries. Monitoring will continue daily until it is demonstrated that exposures are expected to remain below 0.01 fibers/cc. END OF SECTION 01110-1 SECTION 01110 ENVIRONMENTAL PROTECTION J.H. Winston Dump April 2018 SECTION 01110 ENVIRONMENTAL PROTECTION PROCEDURES PART 1 GENERAL 1.01 SCOPE OF WORK A. The work covered by this Section consists of furnishing all labor, materials and equipment and performing all work required for the prevention of environmental pollution in conformance with applicable laws and regulations, during and as the result of construction operations under this Contract. For the purpose of this Specification, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic and/or recreational purposes. B. The control of environmental pollution requires consideration of air, water and land, and involves management of noise and solid waste, as well as other pollutants. C. Schedule and conduct all work in a manner that will minimize the erosion of soils in the area of the work. Provide erosion control measures as are required to prevent silting and muddying of streams, rivers, impoundments, lakes, etc. All erosion control measures shall be in place prior to any construction activity in that area. Specific requirements for erosion and sedimentation controls are shown on the drawings and specified herein. D. These Specifications are intended to ensure that construction is achieved with a minimum disturbance to the existing ecological balance between a water resource and its surroundings. These are general guidelines. It is the CONTRACTOR's responsibility to utilize the specific construction techniques as detailed herein and shown on the plans to meet these guidelines. E. Special construction and restoration requirements for work in wetlands shall be met as specified herein. F. The removal of trees outside the limits of construction shall be strictly controlled, and trees to remain shall be carefully protected. 1.02 APPLICABLE REGULATIONS A. Comply with all applicable Federal, State and local laws and regulations concerning environmental pollution control and abatement. Any violations of laws and fines imposed shall be the sole responsibility of the CONTRACTOR including payment of fines. 1.03 NOTIFICATIONS A. The ENGINEER will notify the CONTRACTOR in writing of any non‐compliance with the foregoing provisions or of any environmentally objectional acts and corrective action to be taken. Failure of the ENGINEER to provide such notice shall not relieve the CONTRACTOR of his responsibility to 01110-2 SECTION 01110 ENVIRONMENTAL PROTECTION J.H. Winston Dump April 2018 comply with all applicable specification provisions, regulations, and laws. State or local agencies responsible for verification of certain aspects of the environmental protection requirements may notify the CONTRACTOR in writing of any non‐compliance with State or local requirements. The CONTRACTOR shall, after receipt of such notice from the ENGINEER or from the regulatory agency, immediately take corrective action. Such notice, when delivered to the CONTRACTOR or his authorized representative at the site of the work, shall be deemed sufficient for the purpose. If the CONTRACTOR fails or refuses to comply promptly, the ENGINEER may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs or damages by the CONTRACTOR unless it is later determined that the CONTRACTOR was in compliance. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 EROSION AND SEDIMENTATION CONTROL A. Provide positive means of erosion control such as shallow ditches around construction to carry off surface water. Erosion control measures shall be used as appropriate and as shown on the Drawings and specified herein. Flow of surface water into regrading areas shall be prevented. Ditches around construction area shall also be used to carry away water resulting from dewatering of regrading areas. At the completion of the work, erosion control devices shall be removed and the ground surface restored, prepared, and seeded as specified. B. Specific erosion and sedimentation control facilities are shown on the Drawings and specified in Section 02370. These requirements shall be considered as elementary requirements and not the total requirements. Specific local control needs will vary from site to site and as the construction activities change with time. The CONTRACTOR shall constantly modify the control facilities to preclude any significant erosion of the work site and any release of erosion products to surface waters. 3.02 PROTECTION OF STREAMS A. Care shall be taken to prevent any degradation or damage to any stream from pollution by debris, sediment or other material or from the manipulation of equipment and/or materials in or near streams. Rainfall runoff water from the work site and water that has been used for washing or processing or that contains oils or sediments shall not be directly returned to the stream. Such waters will be diverted through a settling basin or filter before discharge into streams. B. The CONTRACTOR shall not discharge water from dewatering operations directly into any stream, channel, wetlands, surface water or storm sewer. Water from dewatering operations shall be treated by filtration, settling basins, or other approved method to capture sediment and minimize the turbid water discharged to streams. All work site runoff water shall be positively controlled until the site is completely vegetated with grass and trees. C. Positive preventive measures shall be taken to avoid spillage of petroleum products and other pollutants. In the event of any spillage, prompt remedial action shall be taken in accordance with a 01110-3 SECTION 01110 ENVIRONMENTAL PROTECTION J.H. Winston Dump April 2018 contingency action plan meeting the approval of applicable authorities. CONTRACTOR shall submit two copies of approved contingency plans to the ENGINEER. D. Excavation and storage of excavation shall be conducted in a manner to minimize the suspension of silt in runoff water. E. All necessary steps shall be taken to prevent trash, debris, and other pollutants from entering adjacent waterways. 3.03 PROTECTION OF LAND RESOURCES A. Land resources within the project boundaries and outside the limits of permanent work shall be restored to a condition, after completion of construction, that will be aesthetically graded and completely vegetated outside of paved areas and not detract from the appearance of the project. Confine all construction activities within the limits of construction (disturbance) shown on the Drawings. B. The locations of the CONTRACTOR's storage and other construction buildings required temporarily in the performance of the work shall be on work areas as shown on the Drawings. C. Remove all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess of waste materials, or any other vestiges of construction. D. All debris and excess excavation shall be disposed of outside of the work site except where the ENGINEER specifically directs or allows on‐site disposal. 3.04 PROTECTION OF AIR QUALITY A. Burning. The use of burning at the project site for the disposal of refuse and debris shall not be permitted. B. Dust Control. The CONTRACTOR shall maintain all excavations, embankment, stockpiles, access roads, waste areas, borrow areas, and all other work areas within or without the project boundaries free from dust by keeping the area wetted by sprinkling. C. Sprinkling shall be repeated at such intervals as to keep all parts of the disturbed area damp at all times, and the CONTRACTOR shall have sufficient equipment on the job to accomplish this. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazard occurs, as determined by the ENGINEER. 3.05 MAINTENANCE OF POLLUTION CONTROL FACILITIES DURING CONSTRUCTION A. During the life of this Contract, operate and maintain all facilities provided for pollution control as long as the operations creating the particular pollutant are being carried out or until the material concerned has become stabilized to the extent that pollution is no longer being created. 3.06 NOISE CONTROL 01110-4 SECTION 01110 ENVIRONMENTAL PROTECTION J.H. Winston Dump April 2018 A. The CONTRACTOR shall make every effort to minimize noise caused by his operations. Equipment shall be equipped with silencers or mufflers designed to operate with the least possible noise and in compliance with local, State, and Federal regulations. 3.07 PROTECTION FROM WASTEWATER SPILLS A. The CONTRACTOR shall make every effort to avoid wastewater spills. The CONTRACTOR shall be responsible for all spills and damage to existing or new sewers at no cost to the ENGINEER. END OF SECTION 01200-1 SECTION 01200 PROJECT MEETINGS J.H. Winston Dump April 2018 SECTION 01200 PROJECT MEETINGS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. The ENGINEER shall schedule and administer a pre‐construction conference and specially called meetings throughout progress of the work. The ENGINEER shall: 1. Prepare an agenda for the meetings. 2. Make physical arrangements for meetings. 3. Preside at meetings. 4. Keep a record of the meeting, to include significant proceedings and decisions. 5. Reproduce and distribute copies of the record within five working days after each meeting. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. B. Representatives of contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The CONTRACTOR shall assure that work is in compliance with the Contract Documents and construction schedules. 1.02 RELATED REQUIREMENTS A. Section 01300: Submittals. B. Section 01310: Construction Schedules. C. Section 01720: Project Record Documents 1.03 PRE‐CONSTRUCTION CONFERENCE A. The ENGINEER will schedule a pre‐construction conference prior to or on the date of the Notice to Proceed. B. Location: A central site, convenient for all parties, designated by the ENGINEER. 01200-2 SECTION 01200 PROJECT MEETINGS J.H. Winston Dump April 2018 C. Attendance: 1. OWNER's Representative. 2. ENGINEER. 3. ENGINEER’s Resident Project Representative. 4. CONTRACTOR's Superintendent. 5. Major Subcontractors. 6. Major suppliers. 7. Utilities. 9. Others as appropriate. D. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. 2. Critical work sequencing. 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. c. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 01200-3 SECTION 01200 PROJECT MEETINGS J.H. Winston Dump April 2018 11. Housekeeping procedures. 1.04 PROGRESS MEETINGS A. The ENGINEER will schedule regular progress meetings. B. ENGINEER or CONTRACTOR may hold or call meetings as required by progress of the work. C. Location of the meetings: Project field office. D. Attendance: 1. OWNER's Representative. 2. ENGINEER. 3. ENGINEER’s Resident Project Representative 4. CONTRACTOR's Superintendent. 5. Subcontractors as appropriate to the agenda. 6. Suppliers as appropriate to the agenda. 7. Others as appropriate. E. Suggested Agenda: 1. Review, approval of minutes of previous meeting. 2. Review of work progress since previous meeting. 3. Field observations, problems, and conflicts. 4. Problems which impede Construction Schedule. 5. Review of off‐site fabrication, delivery schedules. 6. Measures and procedures to maintain projected schedule. 7. Revisions to Construction Schedule. 8. Progress, schedule, during succeeding work period. 9. Coordination of schedules. 10. Review submittal schedules; expedite as required. 01200-4 SECTION 01200 PROJECT MEETINGS J.H. Winston Dump April 2018 11. Maintenance of quality standards. 12. Pending changes and substitutions. 13. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 14. Other business. 15. Construction schedule. 16. Critical/long lead items. F. The CONTRACTOR is to attend progress meetings and is to study previous meeting minutes and current agenda items, in order to be prepared to discuss pertinent topics such as deliveries of materials and equipment, progress of the work, etc. G. The CONTRACTOR is to provide a current submittal log at each progress meeting in accordance with Section 01300. H. The CONTRACTOR is to provide a current Construction Schedule Narrative at each progress meeting in accordance with Section 01310. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01300 -1 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 SECTION 01300 SUBMITTALS PART 1 GENERAL 1.01 SCOPE OF WORK A. This Section includes the requirements for compiling, processing and transmitting submittals required for execution of the project. B. Submittals are categorized into two types: Action Submittals and Informational Submittals, as follows: 1. Action Submittal: Written and graphic information submitted by the CONTRACTOR that requires the ENGINEER's approval. The following are examples (list is not intended to be all‐inclusive) of action submittals: a. Shop drawings (including working drawings and product data) b. Samples c. Site Usage Plan (CONTRACTOR's staging ‐ including trailer siting and material laydown area) d. Schedule of values e. Payment application format 2. Informational Submittal: Information submitted by the CONTRACTOR that does not require the ENGINEER's approval. The following are examples (list is not intended to be all‐inclusive) of informational submittals: a. Shop Drawing Schedule b. Construction Schedule c. Construction Photography d. Test Records and Reports e. Certifications f. Submittals required by laws, regulations and governing agencies g. Warranties and Bonds h. Contract Close‐out Documents 1.02 RELATED WORK A. Additional submittal requirements may be specified in the respective technical Specification Sections. B. Contract closeout submittals are included in Section 01700. C. Warranties and Bonds are included in Section 01740. D. Applications for Payment are included in Section 01027. E. Construction Schedules are included in Section 01310. 01300 -2 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 F. Project Controls (Field Engineering) are included in Section 01050. G. Project Record Documents are included in Section 01720. 1.03 CONTRACTOR'S RESPONSIBILITIES A. All submittals shall be clearly identified as follows: 1. Date of Submission. 2. Project Number. 3. Project Name. 4. Contractor Identification: a. Contractor. b. Supplier. c. Manufacturer. d. Manufacturer or supplier representative. 5. Identification of the Product. 6. Reference to Contract Drawing. 7. Reference to specification section number, page and paragraph(s). 8. Reference to applicable standards, such as ASTM or Federal Standards numbers. 9. Indication of CONTRACTOR's approval. 10. CONTRACTOR's Certification statement. 11. Identification of deviations from the Contract Documents, if any. 12. Reference to previous submittal (for resubmittals). B. Submittals shall be clear and legible, and of sufficient size for legibility and clarity of the presented data. C. Submittal Log. Maintain a log of all submittals. The submittal log shall be kept accurate and up to date. This log should include the following items (as applicable): 1. Description. 2. Submittal Number. 3. Date transmitted to the ENGINEER. 4. Date returned to CONTRACTOR (from ENGINEER). 01300 -3 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 5. Status of Submittal (Approved/Not Approved/etc.). 6. Date of Resubmittal to ENGINEER and Return from ENGINEER (if applicable and repeat as necessary). 7. Date material released for fabrication. 8. Projected (or actual) delivery date. D. Numbering System. Utilize the following submittal identification numbering system: 1. The first character shall be a D, S, M or I which represents Shop Drawing (including working drawings and product data), Sample, Manual (Operating & Maintenance) or Informational, respectively. 2. The next five digits shall be the applicable Section Number. 3. The next three digits shall be the sequential number of each separate item or drawing submitted under each Specification Section, in the chronological order submitted, starting at 001. 4. The last character shall be a letter, A to Z, indicating the submission (or resubmission) of the same submittal, i.e., "A" = 1st submission, "B" = 2nd submission, "C" = 3rd submission, etc. A typical submittal number would be as follows: a. D‐03300‐008‐B. b. D = Shop Drawing 03300 = Section for Concrete. c. 008 = the eighth different submittal under this Section. d. B = the second submission (first resubmission) of that particular shop drawing. E. Variances 1. Notify the ENGINEER in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Notify the ENGINEER in writing, at the time of re‐submittal (resubmission), of all deviations from previous submissions of that particular shop drawing, except those deviations which are the specific result of prior comments from the ENGINEER. F. Action Submittals 1. Shop Drawings, Working Drawings, Product Data and Samples. a. Shop Drawings. 1) Shop drawings as specified in individual Sections may include, but are not necessarily limited to, custom prepared data such as fabrication and erection/installation (working) drawings, scheduled information, setting diagrams, actual shop work manufacturing instructions, custom templates, coordination drawings, equipment inspection and test reports, and certifications, as applicable to the work. Standard Product information prepared without specific reference to Project requirements will not be considered a shop drawing. 01300 -4 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 2) CONTRACTOR shall verify all field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data, and coordinate each item with other related shop drawings and the Contract requirements. 3) All details on shop drawings shall clearly show the relation of the various parts to the main members and lines of the structure and where correct fabrication of the work depends upon field measurements, such measurements shall be made and noted on the drawings before being submitted. 4) All shop drawings submitted by subcontractors and vendors shall be reviewed by the CONTRACTOR. CONTRACTOR shall confirm, materials, dimensions, catalog numbers, technical data and performance criteria; and shall coordinate with other related shop drawings and the Contract requirements. In addition, CONTRACTOR shall confirm existing field conditions and dimensions and assure that the submittal is coordinated and compatible with existing conditions. Submittals directly from subcontractors or vendors will not be accepted by the ENGINEER. 5) The CONTRACTOR shall be responsible for the accuracy of the subcontractor’s or vendor's submittal; and, for their submission in a timely manner to support the requirements of the CONTRACTOR's construction schedule. Shop drawings found to be inaccurate or otherwise in error shall be returned to the subcontractors or vendor to correct, before submission to the ENGINEER. All shop Drawings shall be approved by the CONTRACTOR. 6) Delays to construction due to the untimely submission of submittals will constitute inexcusable delays, for which Contactor shall not be eligible for additional cost nor additional contract time. Inexcusable delays consist of any delay within the Contactor's control. b. Product Data 1) Product data, as specified in individual Specification Sections, include, but are not limited to, the manufacturer's standard prepared data for manufactured products (catalog data), such as the product specifications, installation instructions, availability of colors and patterns, rough‐in diagrams and templates, product photographs (or diagrams), quality control inspection and reports, certifications of compliance (as specified or otherwise required), mill reports, product operating and maintenance instructions, and warranties, as applicable. c. Samples 1) Furnish, samples required by the Contract Documents for the ENGINEER's approval. Samples shall be delivered to the ENGINEER as specified or directed. Unless specified otherwise, provide at least two samples of each required item. Materials or equipment for which samples are required shall not be used in the work unless and until approved by the ENGINEER. 2) Samples specified in individual Specification Sections, include, but are not limited to: physical examples of the work (such as sections of manufactured or 01300 -5 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 fabricated work), small cuts or containers of materials, complete units of repetitively‐used products, color/texture/pattern swatches and range sets, specimens for coordination of visual effect, graphic symbols, and other specified units of work. 3) Approval of a sample shall be only for the characteristics or use named in such approval and shall not be construed to change or modify and Contract Requirements. 4) Approved samples not destroyed in testing shall be sent to the ENGINEER or stored at the site of the work. Approved samples of the hardware in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in work shall match the approved samples. Samples which fail testing or are not approved will be returned to the CONTRACTOR at his expense, if so requested at time of submission. d. Professional Engineer (P.E.) Certification Form 1) If specifically required in any of the technical Specification Sections, submit a Professional Engineer (P.E.) Certification for each item required, using the form appended to this Section. 2. CONTRACTOR's Certification a. Each shop drawing, working drawings, product data, and sample shall have affixed to it the following Certification Statement: 1) "Certification Statement: by this submittal, I hereby represent that I have determined and verified all field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements." b. Shop drawings, working drawings, and product data sheets 11‐in x 17‐in and smaller shall be bound together in an orderly fashion and bear the above Certification Statement on the cover sheet. The transmittal cover sheet for each identified shop drawing shall fully describe the packaged data and include a listing of all items within the package. 3. The review and approval of shop drawings, working drawings, product data, or samples by the ENGINEER shall not relieve the CONTRACTOR from the responsibility for the fulfillment of the terms of the Contract. All risks of error and omission are assumed by the CONTRACTOR and the ENGINEER will have no responsibility therefor. 4. Project work, materials, fabrication, and installation shall conform to approved shop drawings (including working drawings and product data) and applicable samples. 5. No portion of the work requiring a shop drawing (including working drawings and product data) or sample shall be started, nor shall any materials be fabricated or installed before 01300 -6 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 approval of such item. Procurement, fabrication, delivery or installation or products or materials that do not conform to approved shop drawings shall be at the CONTRACTOR's risk. Furthermore, such products or materials delivered or installed without approved shop drawings, or in non‐conformance with the approved shop drawings will not be eligible for progress payment until such time as the product or material is approved or brought into compliance with approved shop drawings. The ENGINEER will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 6. Site Usage a. Submit a proposed site staging plan, including but not limited to the location of office trailers, storage trailers and material laydown. Such plan shall be a graphic presentation (drawing) of the proposed locations; and, shall include on‐site traffic modifications, and temporary utilities, as may be applicable. G. Informational Submittals 1. Shop Drawing Schedule a. Prepare and submit a schedule indicating when shop drawings are required to be submitted to support the as‐planned construction schedule. The submittal schedule shall allow sufficient time for preparation and submittal, review and approval, and fabrication and delivery to support the construction schedule. 2. Construction Schedule a. Prepare and submit construction schedules and monthly status reports as specified. 3. Statements of Qualifications a. Provide evidence of qualification, certification, or registration, as required in the Contract Documents, to verify qualifications of licensed land surveyor, professional ENGINEER, materials testing laboratory, specialty subcontractor, technical specialist, consultant, specialty installer, and other professionals. 4. Construction Photography a. Provide periodic construction photographs as specified – including but not limited to preconstruction photographs, monthly progress photos, and post‐construction photographs. 5. Test Records and Reports a. Provide copies of all test records and reports as specified in the various technical specifications. 6. Certifications a. Provide various certifications as required by the technical specifications. Such certifications shall be signed by an officer (of the firm) or other individual authorized to 01300 -7 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 sign documents on behalf of that entity. b. Certifications may include, but are not limited to: 1) Certifications of Installation, Testing and Training for all equipment 2) Material Testing reports furnished by an independent testing firm 3) Certifications from manufacturer(s) for specified factory testing 7. Record Drawings No later than Substantial Completion, submit a record of all changes during construction not already incorporated into drawings – in accordance with specification on Project Record Documents. 8. Record Shop Drawings a. Before final payment is made, furnish one set of record shop drawings to the ENGINEER. These record shop drawings shall be in conformance with the approved documents and should show any field conditions which may affect their accuracy. b. Submittals required by laws, regulations and governing agencies 1) Prepare and submit all documentation required by state or local law, regulation or government agency directly to the applicable agency. This includes, but is not limited to, notifications, reports, certifications, certified payroll (for projects subject to wage requirements) and other documentation required to satisfy all requirements. Provide to ENGINEER one copy of each submittal made in accordance with this paragraph. 9. Other requirements of the technical Specification Sections a. Comply with all other requirements of the technical specifications. 10. Warranties and Bonds a. Assemble a booklet or binder of all warranties and bonds as specified in the various technical specifications and in accordance with the specification on Warranties and Bonds; and provide two originals to the ENGINEER. 11. As‐Built Surveys a. Engage the services of a licensed land surveyor in accordance with the Field Engineering Specification. Prior to Final Completion, provide an as‐built survey of the construction, as specified. 12. Contract Close‐Out Documents a. Submit Contract documentation as indicated in the specification for Contract Close‐ out. PART 2 PRODUCTS (NOT USED) 01300 -8 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 PART 3 EXECUTION 3.01 SUBMITTAL SCHEDULE A. Provide an initial submittal schedule at the pre‐construction meeting for review by ENGINEER. Incorporate comments from ENGINEER into a revised submittal schedule. B. Maintain the submittal schedule and provide sufficient copies for review by ENGINEER. An up‐to‐ date submittal schedule shall be provided at each project progress meeting. 3.02 TRANSMITTALS A. Prepare separate transmittal sheets for each submittal. Each transmittal sheet shall include at least the following: the CONTRACTOR's name and address, project name, project number, submittal number, description of submittal and number of copies submitted. B. Submittals shall be transmitted or delivered directly to the office of the ENGINEER, as indicated in the Contact Documents or as otherwise directed by the ENGINEER. C. Provide copies of transmittals forms or cover letters (without attachments) directly to the Resident Project Representative. 3.03 PROCEDURES A. Action Submittals 1. CONTRACTOR's Responsibilities a. Coordination of Submittal Times: Prepare and transmit each submittal sufficiently in advance of performing the related work or other applicable activities, or within the time specified in the individual work of other related Sections, so that the installation will not be delayed by processing times including disapproval and resubmittal (if required). Coordinate with other submittals, testing, purchasing, fabrication, delivery and similar sequenced activities. Extensions to the Contract Time will not be approved for the CONTRACTOR's failure to transmit submittals sufficiently in advance of the Work. b. The submittals of all shop drawings (including working drawings and product data) shall be sufficiently in advance of construction requirements to allow for possible need of re‐submittals, including the specified review time for the ENGINEER. c. No less than 7 calendar days will be required for ENGINEER's review time for shop drawings involving only one engineering discipline. No less than 21 calendar days will be required for ENGINEER's review time for shop drawings that require review by more than one engineering discipline. Resubmittals will be subject to the same review time. d. Submittals of operation and maintenance data shall be provided within 30 days of approval of the related shop drawing(s). e. Before submission to the ENGINEER, review shop drawings as follows: 1) make corrections and add field measurements, as required 01300 -9 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 2) use any color for its notations except red (reserved for the ENGINEER's notations) and black (to be able to distinguish notations on black and white documents) 3) identify and describe each and every deviation or variation from Contract documents or from previous submissions, except those specifically resulting from a comment from the ENGINEER on a previous submission 4) include the required CONTRACTOR's Certification statement 5) provide field measurements (as needed) 6) coordinate with other submittals 7) indicate relationships to other features of the Work 8) highlight information applicable to the Work and/or delete information not applicable to the Work f. Submit the following number of copies: 1) Shop drawings (including working drawings and product data) – Submit no fewer than two (2). 2) Site Usage Plan – two (2) 3) Schedule of values – two (2) 4) Payment application format – two (2) g. If CONTRACTOR considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, provide written notice thereof to the ENGINEER immediately; and do not release for manufacture before such notice has been received by the ENGINEER. h. When the shop drawings have been completed to the satisfaction of the ENGINEER, carry out the construction in accordance therewith; and make no further changes therein except upon written instructions from the ENGINEER. 2. ENGINEER’s Responsibilities a. ENGINEER will not review shop drawings (including working drawings and product data) that do not include the CONTRACTOR's approval stamp and required certification statement. Such submittals will be returned to the CONTRACTOR, without action, for correction. b. Partial shop drawings (including working drawings and product data) will not be reviewed. If, in the opinion of the ENGINEER, a submittal is incomplete, that submittal will be returned to the CONTRACTOR for completion. Such submittals may be returned with comments from ENGINEER indicating the deficiencies requiring correction. c. If shop drawings (including working drawings and product data) meet the submittal requirements, ENGINEER will forward copies to appropriate reviewer(s). Otherwise, noncompliant submittals will be returned to the CONTRACTOR without action ‐ with the ENGINEER retaining one copy. d. Submittals which are transmitted in accordance with the specified requirements will be reviewed by the ENGINEER within the time specified herein. The time for review will commence upon receipt of submittal by ENGINEER. 3. Review of Shop Drawings (Including Working Drawings and Product Data) and Samples 01300 -10 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 a. The review of shop drawings, working drawings, data and samples will be for general conformance with the design concept and Contract Documents. They shall not be construed: 1) as permitting any departure from the Contract requirements 2) as relieving the CONTRACTOR of responsibility for any errors, including details, dimensions, and materials 3) as approving departures from details furnished by the ENGINEER, except as otherwise provided herein b. The CONTRACTOR remains responsible for details and accuracy, for coordinating the work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly, and for performing work in a safe manner. c. If the shop drawings (including working drawings and product data) or samples as submitted describe variations and indicate a deviation from the Contract requirements that, in the opinion of the ENGINEER are so minor as not to involve a change in Contract Price or Contract Time, the ENGINEER may return the reviewed drawings without noting an exception. d. Only the ENGINEER will utilize the color "RED" in marking submittals. e. Shop drawings will be returned to the CONTRACTOR with one of the following codes. 1) Code 1 – "APPROVED" – This code is assigned when there are no notations or comments on the submittal. When returned under this code the CONTRACTOR may release the equipment and/or material for manufacture. 2) Code 2 ‐ "APPROVED AS NOTED" ‐ This code is assigned when a confirmation of the notations and comments IS NOT required by the CONTRACTOR. The CONTRACTOR may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. 3) Code 3 ‐ "APPROVED AS NOTED/CONFIRM" ‐ This combination of codes is assigned when a confirmation of the notations and comments is required by the CONTRACTOR. The CONTRACTOR may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. This confirmation shall specifically address each omission and nonconforming item that was noted. Confirmation is to be received by the ENGINEER within 15 calendar days of the date of the ENGINEER's transmittal requiring the confirmation. 4) Code 4 ‐ "APPROVED AS NOTED/RESUBMIT" ‐ This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the entire package. This resubmittal is to address all comments, omissions and non‐conforming items that were noted. Resubmittal is to be received by the ENGINEER within 15 calendar days of the date of the ENGINEER's transmittal requiring the resubmittal. 5) Code 5 – "NOT APPROVED" – This code is assigned when the submittal does not meet the intent of the contract documents. The CONTRACTOR must resubmit the entire package revised to bring the submittal into conformance. It may be necessary to resubmit using a different manufacturer/vendor to meet the requirements of the contract documents. 6) Code 6 – "COMMENTS ATTACHED" – This code is assigned where there are comments attached to the returned submittal, which provide additional data to aid 01300 -11 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 the CONTRACTOR. 7) Code 7 – "RECEIPT ACKNOWLEDGED (Not subject to ENGINEER's Review or Approval)" – This code is assigned to acknowledge receipt of a submittal that is not subject to the ENGINEER's review and approval, and is being filed for informational purposes only. This code is generally used in acknowledging receipt of means and methods of construction work plans, field conformance test reports, and health and safety plans. 8) Codes 1 through 5 designate the status of the reviewed submittal. Code 6 indicates that some or all of the ENGINEER’s comments are included in an attachment. f. Repetitive Reviews: Shop drawings and other submittals will be reviewed no more than twice at the ENGINEER's expense. All subsequent reviews will be performed at the CONTRACTOR's expense. Reimburse the ENGINEER for all costs invoiced by the third and subsequent reviews. 4. Electronic Transmission a. Action Submittals may be transmitted by electronic means provided the following conditions are met: 1) The above‐specified transmittal form is included. 2) All other requirements specified above have been met including, but not limited to, coordination by the CONTRACTOR, review and approval by the CONTRACTOR, and the CONTRACTOR's Certification. 3) The submittal contains no pages or sheets larger than 11 x 17 inches. 4) With the exception of the transmittal sheet, the entire submittal is included in a single file. 5) The electronic files are PDF format (with printing enabled). 6) In addition, transmit two hard‐copy (paper) originals to the ENGINEER. 7) The ENGINEER's review time will commence upon receipt of the hard copies of the submittal. 8) For Submittals that require certification, corporate seal, or professional embossment (i.e., P.E.s, Surveyors, etc.) transmit at least two hard‐copy originals to the ENGINEER. In addition, provide additional photocopied or scanned copies, as specified above, showing the required certification, corporate seal, or professional seal. B. Informational Submittals 1. CONTRACTOR's Responsibilities a. Number of copies: Submit electronic copies, unless otherwise indicated in individual Specification sections b. Refer to individual technical Specification Sections for specific submittal requirements. 2. ENGINEER’s Responsibilities a. The ENGINEER will review each informational submittal within 15 days. If the informational submittal complies with the Contract requirements, ENGINEER will file for the project record. ENGINEER may elect not to respond to CONTRACTOR regarding informational submittals meeting the Contract requirements. b. If an informational submittal does not comply with the Contract requirements, ENGINEER will respond accordingly to the CONTRACTOR within 15 days. Thereafter, 01300 -12 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 the CONTRACTOR shall perform the required corrective action, including retesting, if needed, until the submittal, in the opinion of the ENGINEER, is in conformance with the Contract Documents. 3. Electronic Transmission a. Informational submittals may be transmitted by electronic means providing all of the following conditions are met: 1) The above‐specified transmittal form is included. 2) The submittal contains no pages or sheets large than 11 x 17 inches. 3) With the exception of the transmittal sheet, the entire submittal is included in a single file. 4) The electronic files are PDF format (with printing enabled). 5) For Submittals that require certification, corporate seal, or professional embossment (i.e., P.E.s, Surveyors, etc.)) transmit two hard‐copy originals to the ENGINEER. END OF SECTION 01300 -13 SECTION 01300 SUBMITTALS J.H. Winston Dump April 2018 P.E. CERTIFICATION FORM The undersigned hereby certifies that he/she is a professional ENGINEER registered in the State of North Carolina and that he/she has been employed by (Company Name) to design (Insert P.E. Responsibilities) In accordance with Specification Section for the . (Name of Project) The undersigned further certifies that he/she has performed the said design in conformance with all applicable local, state and federal codes, rules and regulations; and, that his/her signature and P.E. stamp have been affixed to all calculations and drawings used in, and resulting from, the design. The undersigned hereby agrees to make all original design drawings and calculations available to the (Insert Name of ENGINEER) or ENGINEER's representative within seven days following written request therefore by the ENGINEER. P.E. Name Company Name Signature Signature P.E. Registration Number Title Address Address 01310-1 SECTION 01310 CONSTRUCTION SCHEDULES J.H. Winston Dump April 2018 SECTION 01310 CONSTRUCTION SCHEDULES PART 1 GENERAL 1.01 GENERAL A. Construction under this Contract must be coordinated to assure that construction is completed within the time allowed by the Contract Documents. The CONTRACTOR shall also coordinate his activities with the other contractors to allow orderly and timely completion of all the work. B. When access through interface and/or overlapping construction areas must be disrupted, the CONTRACTOR shall provide alternate acceptable access for other contractors. 1.02 CONSTRUCTION SCHEDULING GENERAL PROVISIONS A. Site Work shall only be performed on Monday through Friday between 7:00 A.M. and 8:00 P.M., and on Saturdays between 7:00 A.M. and 6:00 P.M. in accordance with Town of Youngsville Code of Ordinances. Emergency work may be done without prior permission. B. On any day that the CONTRACTOR considers that he is delayed by adverse weather conditions, he shall identify in writing to the ENGINEER the adverse weather conditions affecting his activity, the specific nature of the activity affected, the number of hours lost and the number of and identity (by responsibility or trade) of workers affected and shall obtain from the ENGINEER written recognitions of the delay. A delay is defined as the CONTRACTOR being unable to perform at least 4 hours of work on the critical path. C. If the CONTRACTOR believes that the progress of his work has been adversely affected by adverse weather recognized by the ENGINEER during a particular month, he/or she shall submit a written request for extension of time to the ENGINEER. Such a request for time extension of the contract time shall be submitted by the fifth (5th) day of the month following that month in which the adverse weather is encountered. The request shall include, but is not limited to, the following information: (1) Detailed description of weather’s effect on scheduled activities and its net effect on the critical path of the project; and (2) Weather records from the official weather station nearest the project site and records of actual observation as contained in daily reports, correspondence or other documentation. D. The CONTRACTOR shall have the capability of preparing and utilizing the specified critical path method (CPM) scheduling technique. A statement of CPM capability shall be submitted in writing to the ENGINEER within ten (10) calendar days of Notice of Award of the Contract and will verify that either the CONTRACTOR's organization has the in‐house capability qualified to use the technique or that the CONTRACTOR employs a consultant who is so qualified. Capability shall be verified by description of the construction projects to which the CONTRACTOR or his consultant has successfully applied the CPM scheduling technique which shall include at least two (2) projects 01310-2 SECTION 01310 CONSTRUCTION SCHEDULES J.H. Winston Dump April 2018 valued at the bid price of this Project and at least one Project which was controlled throughout the duration of the Project by means of systematic use and updating of a computer‐ based CPM schedule. The submittal shall include the name of the individual on the CONTRACTOR's staff who will be responsible for the CPM schedule and for providing the required updating information. 1.03 PROGRESS OF THE WORK A. The work shall be executed with such progress as may be required to prevent any delay to the general completion of the work. The work shall be executed at such times and in or on such parts of the Project, and with such force, materials and equipment to assure completion of the work in the time established by the Contract. B. If the CONTRACTOR for his convenience and at his own expense should desire to carry on his work outside regular working hours, he shall submit written notice to the ENGINEER and he shall allow ample time for the satisfactory arrangement to be made for inspecting the work in progress. The CONTRACTOR shall reimburse the ENGINEER for extra inspection required for work outside regular working hours (as defined in SC‐3.3). PART 2 PROGRESS SCHEDULE SUBMITTALS 2.01 GENERAL REQUIREMENTS A. The CONTRACTOR shall submit a CPM schedule as described herein. B. The critical path schedule requirement will consist of estimated and preliminary progress schedules, monthly progress status reports (Monthly Status Reports), an as‐built schedule report, and revisions to the schedules and analyses as prescribed. The planning, scheduling, management, and execution of the work is the sole responsibility of the CONTRACTOR. The progress schedule requirement is established to allow the ENGINEER to review CONTRACTOR’s planning, scheduling, management and execution of the work; to assist ENGINEER in evaluating work progress and make progress payments; to allow other contractors to cooperate and coordinate their activities with those of the CONTRACTOR; and to provide ENGINEER with information about “construction schedule” and “cumulative outlay schedule”. C. The current Schedule, if concurred by ENGINEER, shall have legal status as long as it is used by CONTRACTOR for planning, organizing, directing, managing, and executing the work in accordance with the Contract Documents. Legal status will further imply that CONTRACTOR will use the schedule to report progress and, further, that CONTRACTOR and ENGINEER will use the schedule for determining delay(s) in achieving the Contract date(s) stipulated in the Contract subject to the requirements of this section of the General Requirements. D. ENGINEER will, upon receipt and review of each schedule submittal, either indicate in writing a recommendation of concurrence and present the submittal to ENGINEER, or return the submittal to CONTRACTOR indicating in writing ENGINEER’s reasons for refusing to recommend concurrence. In the latter case, CONTRACTOR will be required to make the necessary corrections and resubmit. If CONTRACTOR fails to provide submittals as required, he/she will be deemed not to have provided a basis upon which progress may be evaluated, which may constitute reasons for refusing to recommend progress payments. 01310-3 SECTION 01310 CONSTRUCTION SCHEDULES J.H. Winston Dump April 2018 E. ENGINEER’s review of the schedule submittals shall be only for conformance with the information given in the Contract Documents and shall not extend to the means, methods, sequences and techniques or procedures of construction or to safety precautions or programs incident thereto. ENGINEER’s review of the schedule submittals will be predicated on a CONTRACTOR’s stamp of approval signed off by CONTRACTOR and those subcontractors and suppliers performing work under an appropriate agreement with CONTRACTOR. CONTRACTOR’s stamp of approval on any schedule submittal shall constitute a representation to ENGINEER that CONTRACTOR has either determined or verified all data on the submittal, or assumes full responsibility for doing so, and that CONTRACTOR and his subcontractors and suppliers, have reviewed and coordinated the sequences shown in the submittal with the requirements of the work under the Contract Documents. 2.02 FORM OF SCHEDULES A. Upon concurrence, prepare schedules in the form of a horizontal bar chart diagram. The diagram shall be time scaled and sequenced by work areas. Horizontal time scale shall identify the first work day of each week. B. Activities shall be at least as detailed as detailed as the Bid Form (Section 00300). Activity durations shall be in whole working days. In addition, activity man‐days shall be shown for each activity or alternatively tabulated in an accompanying report. C. Diagrams shall be neat and legible. Scale and spacing shall allow space for notations and future revisions. D. A copy of the project files shall be prepared and submitted to the ENGINEER electronically. 2.03 CONTENT OF SCHEDULES A. Each monthly schedule shall be based on data as of the last day of the current pay period. B. Description of each activity shall be brief but convey the scope of work described. C. Activities shall identify all items of work that must be accomplished to achieve substantial completion, such as items pertaining to CONTRACTOR’s installation and testing activities; items pertaining to the approval of regulatory agencies; CONTRACTOR’s time required for submittals, fabrication and deliveries; and the time required by ENGINEER to review all submittals as set forth in the Contract Documents. D. Schedules shall show the complete sequence of construction by activities. Dates for beginning and completion of each activity shall be indicated as well as projected percentage of completion for each activity as of the first day of each month. E. Submittals schedule for shop drawing review, product data, and samples shall show the date of CONTRACTOR submittal and the date approved submittals will be required by the ENGINEER, consistent with the time frames established in the Specifications. F. For Contract change orders granting time extensions, the impact on the Contract date(s) shall equal the calendar‐day total time extension specified for the applicable work in the Contract change 01310-4 SECTION 01310 CONSTRUCTION SCHEDULES J.H. Winston Dump April 2018 order. G. For actual delays, add activities prior to each delayed activity on the appropriate critical path(s). Data on the added activities of this type shall portray all steps leading to the delay, and shall further include the following: separate activity identification, activity description indicating cause of delay, activity duration consistent with whichever set of dates below applies, the actual start and finish dates of the delay or, if the delay is not finished, the actual start date and estimated completion date. H. For potential delays, add an activity prior to each potentially delayed activity on the appropriate critical path(s). Data for added activities of this type shall include alternatives available to mitigate the delay including acceleration alternatives, and further show the following: separate activity identification, activity description indicating cause of the potential delay, and activity duration equal to zero work days. I. The Contract completion time will be adjusted only for causes specified in this Contract. In the event the CONTRACTOR requests an extension of any Contract completion date, he shall furnish such justification and supporting evidence as the ENGINEER may deem necessary for a determination as to whether the CONTRACTOR is entitled to an extension of time under the provisions of the Contract. ENGINEER will, after receipt of such justification and supporting evidence make findings of act and will advise the CONTRACTOR in writing thereof. If the ENGINEER finds that the CONTRACTOR is entitled to any extension of any Contract completion date under the provisions of this Contract, the ENGINEER’s determination as to the total number of days of extension shall be based upon the currently concurred schedule and on all data relevant to the extension. Such data shall be included in the next monthly updating of the schedule. The CONTRACTOR acknowledges and agrees that actual delays in the activities which, according to the schedule, do not affect any Contract completion data shown by the critical path in the schedule and do not have any effect on the Contract completion date or dates, and therefore, will not be the basis for a change therein. J. From time to time, it may be necessary for the Contract schedule and/or completion time to be adjusted by the ENGINEER to reflect the effects of job conditions, weather, technical difficulties, excusable delays on the part of the OWNER, and other unforeseeable conditions which may indicate schedule adjustments and/or completion time extension. Under such conditions, the CONTRACTOR shall reschedule the work and/or Contract completion time to reflect the changed conditions, and the CONTRACTOR shall revise his schedule accordingly. No additional compensation shall be made to the CONTRACTOR for such schedule changes for excusable overall Contract time extension beyond the actual completion of all unaffected work in the Contract, in which case the CONTRACTOR shall take all possible action to minimize any time extension and any additional cost to the ENGINEER. It is specifically pointed out that the use of available float time in the schedule may be used by the ENGINEER, as well as by the CONTRACTOR. Float time is defined as the amount of time between the early start date, and the late start date, or the early finish date and the late finish date, of any of the activities in the schedule. K. The ENGINEER controls the float time in the concurred schedule, and, therefore, without obligation to extend either the overall completion date or any intermediate completion dates set out in the schedule, the ENGINEER may initiate changes to the Contract work that absorb float time only. ENGINEER‐initiated changes that affect the critical path on the approved schedules shall be the sole grounds for extending (or contracting) said completion dates. CONTRACTOR‐initiated changes 01310-5 SECTION 01310 CONSTRUCTION SCHEDULES J.H. Winston Dump April 2018 that encroach on the float time identified in the concurred schedule may be accomplished with the ENGINEER’s concurrence. Such changes, however, shall give way to ENGINEER‐ initiated changes competing for the same float time. 2.04 SUPPORTING NARRATIVE A. Status and Scheduling reports identified below shall contain a narrative to document the project status, to explain the basis of CONTRACTOR’s determination of durations, describe the Contract conditions and restraints incorporated into the schedule, and provide an analysis pertaining to potential problems and practical steps to mitigate them. B. The narrative shall specifically include: 1. Actual completion dates for activities completed during the quarterly report period, and actual start dates for activities commenced during the quarterly report period. 2. Anticipated start dates for activities scheduled to commence during the following quarterly report period. 3. Changes in the duration of any activity and minor logic changes. 4. The progress along the critical path in terms of calendar days ahead or behind the Contract Date. 5. If the Monthly Status Report indicates an avoidable delay to the Contract Completion date or interim completion dates as specified in the Contract, CONTRACTOR shall identify the problem, cause and the activities affected and provide an explanation of the proposed corrective action to meet the milestone dates involved or to mitigate further delays. 6. If the delay is thought to be unavoidable, the CONTRACTOR shall identify the problem, cause, duration, specific activities affected and logic restraints of each activity. 7. The narrative shall, in addition, also discuss all change order activities whether included or not in the revised/current schedule of legal status. Newly introduced Change Order work activities, and the CPM path(s) that they affect, must be specifically identified. All Change Order work activities added to the schedule shall conform with the sequencing and Contract Time requirements of the applicable Change Order. 8. Original Contract date(s) shall not be changed except by Contract Change Order. A revision, as specified in Article 3.06 below, need not be submitted when the foregoing situations arise unless required by ENGINEER. Review of a report containing added activities will not be construed to be concurrence with the duration of restraints for such added activities; instead the corresponding data as ultimately incorporated into the applicable Contract Change Order shall govern. 9. Should ENGINEER require additional data, this information shall be supplied by CONTRACTOR within ten (10) calendar days. 01310-6 SECTION 01310 CONSTRUCTION SCHEDULES J.H. Winston Dump April 2018 PART 3 EXECUTION 3.01 SUBMITTALS A. CONTRACTOR shall submit Estimated and Preliminary Progress Schedules (as identified in the Instructions to Bidders and the Terms and Conditions of the Construction Contract), monthly status reports, and an as‐built schedule report all as specified herein. B. All schedules, including estimated and preliminary schedules, shall be in conformance with Articles 2.01, 2.02 and 2.03 above. C. The initial finalized progress schedule shall be the first monthly status report and as such shall be in conformance with all applicable specifications contained herein. D. Monthly Status Report submittals shall include electronic copies of a time‐scaled (days after Notice‐ To‐Proceed) diagram (color) showing all Contract activities, tabular activity and total float reports, and supporting narrative. The initial detailed schedule shall use the Notice‐To‐Proceed as the data date. The finalized schedule, if concurred with by ENGINEER pursuant to Paragraph 2.01(C), shall be the work plan to be used by the CONTRACTOR for planning, scheduling, managing, and executing the work. E. The schedule diagram shall be formatted in accordance with Article 2.02 above. The diagram shall include (1) all detailed activities included in the preliminary and estimated schedule submittals, (2) calendar days prior to substantial completion, (3) summary activities for the remaining sixty (60) days. The critical path activities shall be identified, including critical paths for interim dates, if applicable. F. CONTRACTOR shall submit monthly progress schedules with each month’s Application for Payment. ENGINEER will review schedules and return review copy within ten (10) calendar days after receipt. If required, CONTRACTOR shall resubmit within seven (7) calendar days after return of review copy. 3.02 MONTHLY STATUS REPORTS A. CONTRACTOR shall submit an electronic copy of detailed schedule status reports on a monthly basis with the Application for Payment. The first such status report shall be submitted with the first Application for Payment and include data as of the last day of the pay period. The Monthly Report shall include an “up‐dated” copy of the latest detailed schedule of legal status, tabular activity and total float reports, and a supporting narrative including updated information as described in Paragraph 2.04. The Monthly Report will be reviewed by ENGINEER and CONTRACTOR at a monthly schedule meeting, and CONTRACTOR will address ENGINEER’s comments on the subsequent monthly report. Monthly status reports shall be the basis for evaluating CONTRACTOR’s progress. B. The “up‐dated” diagram shall show, for the latest detailed schedule of legal status, percentages of completion for all activities, actual start and finish dates, and remaining durations, as appropriate. Activities not previously included in the latest detailed schedule of legal status shall be added, except that contractual dates will not be changed except by Change Order. Review of an “Up‐ 01310-7 SECTION 01310 CONSTRUCTION SCHEDULES J.H. Winston Dump April 2018 dated” diagram by ENGINEER will not be construed to constitute concurrence with the time frames, duration, or sequencing for such added activities; instead the corresponding data as ultimately incorporated into an appropriate Change Order shall govern. 3.03 REVISIONS A. All revised Schedule Submittals shall be made in the same form and detail as the initial submittal and shall be accompanied by an explanation of the reasons for such revisions, all of which shall be subject to review by ENGINEER. The revision shall incorporate all previously made changes to reflect current as‐built conditions. Minor changes to the approved submittal may be approved at monthly meetings; a minor change is not considered a revision in the context of this paragraph. B. A revised schedule submittal shall be submitted for review, when required by ENGINEER, for one of the following reasons: 1. ENGINEER directs a change that affects the date(s) specified in the Agreement or alters the length of a critical path. 2. CONTRACTOR elects to change any sequence of activities so as to affect a critical path of the current schedule documents. C. If, prior to agreement on an equitable adjustment to the Contract time, ENGINEER requires revisions to the schedule in order to evaluate planned progress, CONTRACTOR shall provide an interim revised submittal for review with change effect(s) incorporated as directed. 3.04 CONSTRUCTION PERIOD A. The CONTRACTOR's attention is directed to the Contract and Special Conditions, which specifies Contract times for the Work. B. Whenever it becomes apparent from the current monthly progress evaluation and updated schedule data that any milestone and/or Contract completion date will not be met, the CONTRACTOR shall take some or all of the following actions: 1. Increase construction manpower in such quantities and crafts as shall subsequentially eliminate the backlog of work; 2. Increase the number of working hours per shift, shifts per work day, work days per week, or the amount of construction equipment, or any combination of the foregoing sufficient to substantially eliminate the backlog of work; and 3. Reschedule work items to achieve concurrence of accomplishment. C. The addition of equipment or construction forces, increasing the working hours or any other method, manner, or procedure to return to the current Detailed Schedule shall be at the CONTRACTOR's own cost and shall not be considered justification for a Change Order or treated as an acceleration order. D. Failure on the part of the CONTRACTOR to take appropriate schedule recovery action as specified 01310-8 SECTION 01310 CONSTRUCTION SCHEDULES J.H. Winston Dump April 2018 above shall constitute grounds for increasing the retention on progress payments. END OF SECTION 01381-1 SECTION 01381 CONSTRUCTION DOCUMENTATION J.H. Winston Dump April 2018 SECTION 01381 CONSTRUCTION DOCUMENTATION PART 1 GENERAL 1.01 SCOPE OF WORK A. The CONTRACTOR shall employ a competent photographer to take construction record photographs of all construction areas within the project area prior to, during the course of, and after the Work. B. Furnish all labor, materials and equipment specified herein. 1.02 RELATED WORK A. Pay Applications are included in Section 01027. B. Submittals are included in Section 01300. C. Project Record Documents are included in Section 01720. 1.03 SUBMITTALS A. Submit the following in accordance with Section 01300 Submittals: 1. Pre‐construction ground view photographs of the project site shall be provided before any work begins to document existing conditions. Provide high resolution electronic copies of each photograph as a formal submittal via email or the project eRoom. 2. Construction progress photographs shall be taken monthly by the CONTRACTOR. Provide high resolution electronic copies of each photograph via email or the project eRoom. B. Views and quantities required: 1. Photograph from locations to adequately illustrate pre‐existing conditions and state of progress. At each specified time, aerial view photographs projected from a minimum of four different views shall be taken, as directed and approved by the ENGINEER. 2. Provide one high resolution electronic copy of each view. 3. Photographer shall agree to furnish prints upon request from the ENGINEER at commercial rates applicable to the time of purchase. Photographer shall also agree to participate as required in any litigation requiring the photographer as an expert witness. PART 2 EXECUTION 2.01 TECHNIQUE 01381-2 SECTION 01381 CONSTRUCTION DOCUMENTATION J.H. Winston Dump April 2018 A. Factual presentation. B. Correct exposure and focus: 1. High resolution and sharpness 2. Maximum depth‐of‐field 3. Minimum distortion 2.02 PRE‐CONSTRUCTION A. Prior to commencing any work at the project site, photograph all work areas to indicate pre‐ existing conditions. Photographs shall capture all areas (work areas and adjacent properties) that will or may be affected by the CONTRACTOR. Unless otherwise approved by the ENGINEER, the ENGINEER’s representative shall be in attendance during the pre‐construction photographs. B. The CONTRACTOR should understand that the purpose of documenting pre‐existing conditions is to facilitate resolution of alleged or apparent damage caused by the CONTRACTOR. Therefore it is in the best interest of the CONTRACTOR to provide good quality photographs, with sufficient level of detail to identify existing conditions. In the absence of exculpatory documentation, the CONTRACTOR will be deemed to have caused the damage and will be required to repair or replace to the satisfaction of the Owner or respective property owner. 2.03 CONSTRUCTION PROGRESS A. Upon achieving substantial completion, as of the date requested by the CONTRACTOR, photograph all accessible work areas to indicate and document status as of the contractual milestone. Photographs shall capture all areas of new work and all existing areas that have been modified by the CONTRACTOR, as well as areas of incomplete work. END OF SECTION 01410-1 SECTION 01410 TESTING AND LABORATORY SERVICES J.H. Winston Dump April 2018 SECTION 01410 TESTING AND LABORATORY SERVICES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. CONTRACTOR will employ and pay for the services of a Quality Control Laboratory to perform fill material testing specifically indicated in the Contract Documents. 1. CONTRACTOR shall cooperate with the laboratory to facilitate the execution of its required services. 2. Employment of the laboratory shall in no way relieve the CONTRACTOR's obligations for quality control to perform the Work of the Contract. 3. CONTRACTOR shall be responsible for quality control. 1.02 RELATED REQUIREMENTS A. Conditions of the Contract: Inspections and testing required by laws, ordinances, rules, regulations, orders or approvals of public authorities. B. Respective sections of specifications: Certification of products. C. Each specification section listed: Laboratory tests required and standards for testing. D. Testing Laboratory inspection, sampling and testing is required for but not limited to the following: 1. Section 02300: Earthwork 1.03 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory is not authorized to: 1. Release, revoke, alter or enlarge on requirements of Contract Documents. 2. Approve or accept any portion of the Work. 3. Perform any duties of the CONTRACTOR. 1.04 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel and provide access to work. 01410-2 SECTION 01410 TESTING AND LABORATORY SERVICES J.H. Winston Dump April 2018 B. Secure and deliver (by hand or overnight delivery service) to the laboratory adequate quantities of representative samples of materials proposed to be used and which require testing. C. Materials and equipment used in the performance of work under this Contract are subject to inspection and testing at the point of manufacture or fabrication. Standard specifications for quality and workmanship are indicated in the Contract Documents. The ENGINEER may require the CONTRACTOR to provide statements or certificates from the manufacturers and fabricators that the materials and equipment provided by them are manufactured or fabricated in full accordance with the standard specifications for quality and workmanship indicated in the Contract Documents. All costs of this testing and providing statements and certificates shall be a subsidiary obligation of the CONTRACTOR, and no extra charge to the ENGINEER shall be allowed on account of such testing and certification. D. Furnish incidental labor and facilities: 1. To provide access to work to be tested. 2. To obtain and handle samples at the Project site or at the source of the product to be tested. 3. To facilitate inspections and tests. 4. For storage of test samples. E. Notify laboratory sufficiently in advance (48 hrs min.) of operations to allow for laboratory assignment of personnel and scheduling of tests. 1. When tests or inspections cannot be performed after such notice, reimburse ENGINEER for laboratory personnel and travel expenses incurred due to CONTRACTOR's negligence. F. Employ and pay for the services of the same or a separate, equally qualified independent testing laboratory to perform additional inspections, sampling and testing required for the CONTRACTOR's convenience. G. If the test results indicate the materials fail to meet the requirements of the Contract Documents, the CONTRACTOR shall incur the cost of all re‐tests and all associated labor costs. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01600-1 SECTION 01600 DELIVERY, STORAGE AND HANDLING J.H. Winston Dump April 2018 SECTION 01600 DELIVERY, STORAGE AND HANDLING PART 1 GENERAL 1.01 SCOPE OF WORK A. This Section specifies the general requirements for the delivery handling, storage and protection for all items required in the construction of the work. Specific requirements, if any, are specified with the related item. B. Unless otherwise specified, only new materials and equipment shall be incorporated in the work. All materials and equipment furnished shall be subject to the inspection and approval of the ENGINEER. No material shall be delivered to the work without prior approval of the ENGINEER. C. Facilities and labor for handling and inspection of all materials and equipment shall be furnished by the CONTRACTOR. 1.02 REQUIREMENTS INCLUDED A. Material and equipment incorporated into the Work: 1. Conform to applicable specifications and standards. 2. Comply with size, make, type and quality specified, or as specifically approved in writing by the ENGINEER. 3. Manufactured and Fabricated Products a. Design, fabricate and assemble in accord with the best engineering and shop practices. b. Manufacture like parts of duplicate units to standard sizes and gauges, to be interchangeable. c. Two or more items of the same kind shall be identical, by the same manufacturer. d. Products shall be suitable for service conditions. e. Equipment capacities, sizes and dimensions shown or specified shall be adhered to unless variations are specifically approved in writing. 4. Do not use material or equipment for any purpose other than that for which it is designed or is specified. 01600-2 SECTION 01600 DELIVERY, STORAGE AND HANDLING J.H. Winston Dump April 2018 1.03 RELATED REQUIREMENTS A. Section 01010: Summary of Work B. Section 01041: Project Coordination C. Section 01300: Shop Drawings, Product Data, and Samples D. Section 01630: Substitutions and Product E. Section 01710: Cleaning F. Section 01740: Warranties and Bonds 1.04 APPROVAL OF MATERIALS A. The CONTRACTOR shall submit data and samples sufficiently early to permit consideration and approval before materials are necessary for incorporation in the work. Any delay of approval resulting from the CONTRACTOR's failure to submit samples or data promptly shall not be used as a basis of claim against the OWNER. B. The materials and equipment used on the work shall correspond to the approved samples or other data. 1.05 MANUFACTURER'S INSTRUCTIONS FOR INSTALLATION A. When Contract Documents require that installation of work shall comply with manufacturer's printed instructions, obtain and distribute copies of such instructions to parties involved in the installation, including an electronic copy to the ENGINEER. 1. Maintain one set of complete instructions at the job site during installation and until completion. B. Handle, install, connect, clean, condition and adjust products in strict accord with such instructions and in conformity with specified requirements. 1. Should job conditions or specified requirements conflict with manufacturer's instructions, consult with ENGINEER for further instructions. 2. Do not proceed with work without clear instructions. C. Perform work in accordance with manufacturer's instructions. Do not omit any preparatory step or installation procedure unless specifically modified or exempted by Contract Documents. 1.06 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accord with construction schedules and coordinate to avoid 01600-3 SECTION 01600 DELIVERY, STORAGE AND HANDLING J.H. Winston Dump April 2018 conflict with work and conditions at the site. 1. Deliver products in undamaged condition, in manufacturer's original containers or packaging, with identifying labels intact and legible. 2. Immediately on delivery, inspect shipments to assure compliance with requirements of Contract Documents and approved submittals, and that products are properly protected and undamaged. B. Provide equipment and personnel to handle products by methods to prevent soiling or damage to products or packaging. 1.07 STORAGE AND PROTECTION A. The CONTRACTOR shall furnish a covered, weather‐protected storage structure providing a clean, dry, noncorrosive environment for all mechanical equipment and special equipment and materials to be incorporated into this project. Storage of materials shall be in strict accordance with the "instructions for storage" of each supplier and manufacturer. The CONTRACTOR shall furnish a copy of the manufacturer's instructions for storage to the ENGINEER prior to storage of all equipment and materials. Corroded, damaged or deteriorated equipment and parts shall be replaced before acceptance of the project. Equipment and materials not properly stored will not be included in a payment estimate. B. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. 1. Store products subject to damage by the elements in weather tight enclosures. 2. Maintain temperature and humidity within the ranges required by manufacturer's instructions. 3. Store fabricated products above the ground, on blocking or skids, to prevent soiling or staining. Cover products which are subject to deterioration with impervious sheet coverings, provide adequate ventilation to avoid condensation. 4. Store loose granular materials in a well‐drained area on solid surfaces to prevent mixing with foreign matter. C. All materials and equipment to be incorporated in the work shall be handled and stored by the CONTRACTOR before, during, and after shipment in a manner to prevent warping, twisting, bending, breaking, chipping, rusting, and any injury, theft or damage of any kind whatsoever to the material or equipment. D. All materials which, in the opinion of the ENGINEER, have become so damaged as to be unfit for the use intended or specified shall be promptly removed from the site of the work, and the CONTRACTOR shall receive no compensation for the damaged material or its removal. E. Arrange storage in a manner to provide easy access for inspection. Make periodic inspections of 01600-4 SECTION 01600 DELIVERY, STORAGE AND HANDLING J.H. Winston Dump April 2018 stored products to assure that products are maintained under specified conditions, and free from damage or deterioration. F. Provide substantial coverings as necessary to protect installed products from damage from traffic and subsequent construction operations. Remove covering when no longer needed. G. The CONTRACTOR shall be responsible for all material, equipment, and supplies sold and delivered to the ENGINEER under this Contract until final inspection of the work and acceptance thereof by the ENGINEER. In the event any such material, equipment, and supplies are lost, stolen, damaged, or destroyed prior to final inspection and acceptance, the CONTRACTOR shall replace without additional cost to the ENGINEER. H. Should the CONTRACTOR fail to take proper action on storage and handling of equipment supplied under this Contract within seven days after written notice to do so has been given, the ENGINEER retains the right to correct all deficiencies noted in previously transmitted written notice and deduct the cost associated with these corrections from any amounts due and payable to the CONTRACTOR. These costs may be comprised of expenditures for labor, equipment usage, administrative, clerical, engineering and any other costs associated with making the necessary corrections. 1.08 SPECIAL TOOLS A. Manufacturers of equipment and machinery shall furnish any special tools required for normal adjustment, operations and maintenance, together with instructions for their use. The CONTRACTOR shall preserve and deliver to the ENGINEER these tools and instructions in good order upon receipt but no later than ten (10) days prior to equipment start‐up. 1.09 STORAGE AND HANDLING OF EQUIPMENT ON SITE A. Special attention shall be given to the storage and handling of equipment on‐site. As a minimum, the procedure outlined below shall be followed. 1. Equipment shall not be shipped until approved by the ENGINEER. The intent of this requirement is to reduce on‐site storage time prior to installation and/or operation. Under no circumstances shall equipment be delivered to the site more than one month prior to installation without written authorization from the ENGINEER. Operation and Maintenance data shall be submitted to the ENGINEER for review prior to shipment of equipment. 2. All equipment having moving parts such as gears, electric motors, etc. and/or instruments shall be stored in a temperature and humidity controlled building approved by the ENGINEER, until such time as the equipment is to be installed. 3. All equipment shall be stored fully lubricated with oil, grease, etc. unless otherwise instructed by the manufacturer. 4. A copy of the manufacturer's storage instructions shall be given to the ENGINEER and shall be carefully studied by the CONTRACTOR and reviewed with the ENGINEER by him. These instructions shall be carefully followed and a written record of this kept by the 01600-5 SECTION 01600 DELIVERY, STORAGE AND HANDLING J.H. Winston Dump April 2018 CONTRACTOR. 5. Moving parts shall be rotated a minimum of once weekly to insure proper lubrication and to avoid metal‐to‐metal "welding". Upon installation of the equipment, the CONTRACTOR shall start the equipment, at least half load, once weekly for an adequate period of time to insure that the equipment does not deteriorate from lack of use. 6. Lubricants shall be changed upon completion of installation and as frequently as required thereafter during the period between installation and acceptance. Mechanical equipment to be used in the work, if stored for longer than ninety (90) days, shall have the bearings cleaned, flushed and lubricated prior to testing and startup, at no extra cost to the ENGINEER. 7. Prior to acceptance of the equipment, the CONTRACTOR shall have the manufacturer inspect the equipment and certify that its condition has not been detrimentally affected by the long storage period. Such certifications by the manufacturer shall be deemed to mean that the equipment is judged by the manufacturer to be in a condition equal to that of equipment that has been shipped, installed, tested and accepted in a minimum time period. As such, the manufacturer will guarantee the equipment equally in both instances. If such a certification is not given, the equipment shall be judged to be defective. It shall be removed and replaced at the CONTRACTOR's expense. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01630-1 SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS J.H. Winston Dump April 2018 SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish and install products specified, under options and conditions for substitutions stated in this Section. B. Whenever a product, material or item of equipment is specified or described by using the name of a proprietary product or the name of a particular manufacturer or vendor, followed by the phrase "or equal," the specific item mentioned shall be the basis upon which bids are to be prepared, and shall be understood as establishing the type, function, dimension, appearance and quality desired. Other manufacturer's or vendor's products not named will be considered as substitutions, provided the required information is submitted in the manner set forth in this section and provided the substitution will not require substantial revision to the Contract Documents. 1.02 RELATED REQUIREMENTS A. Section 00100: Instruction to Bidders. B. Section 00300: Bid Form. C. Section 01036: Change Order Procedures. D. Section 01600: Delivery, Storage and Handling 1.03 CONTRACTOR'S OPTIONS A. For products specified by naming several products or manufacturers, select any one of products and manufacturers named which complies with Specifications. B. For products specified by naming one or more products or manufacturers and stating "or equal," submit a request as for substitutions, for any product or manufacturer, which is not specifically named. 1.04 SUBSTITUTIONS A. In order for substitutions to be considered, the CONTRACTOR shall submit, within 10 days of issuance of Notice of Award, complete data as set forth herein to permit complete analysis of all proposed substitutions noted on his/her substitutions list. No substitution shall be considered unless the CONTRACTOR provides the required data in accordance with the requirements of this Section within the 30 day period. 01630-2 SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS J.H. Winston Dump April 2018 B. Submit separate request for each substitution. Support each request with: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature; identify: 1) Product description. 2) Reference standards. 3) Performance and test data. 4) Operation and maintenance data. c. Samples, as applicable. d. Name and address and contact with phone number of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified; list significant variations. Substitution shall not change design intent and shall perform equal to that specified. 3. Data relating to impact on construction schedule occasioned by the proposed substitution. 4. Any effect of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of any net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. C. Substitutions will not be considered for acceptance when: 1. They are indicated or implied on shop drawings or product data submittals without a formal request from the CONTRACTOR. 2. They are requested directly by a subcontractor or supplier. 3. Acceptance will require substantial revision of Contract Documents. 01630-3 SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS J.H. Winston Dump April 2018 D. The ENGINEER's decision regarding evaluation of substitutions shall be considered final and binding. Requests for time extensions and additional costs based on submission of, acceptance of, or rejection of substitutions will not be allowed. All approved substitutions will be incorporated into the Agreement by Change Order. 1.05 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution, CONTRACTOR represents that: 1. He has investigated proposed product and has determined that it is equal to or superior in all respects to that specified. 2. He will provide same warranties or bonds for substitution as for product specified. 3. He will coordinate installation of accepted substitution into the Work and will make such changes as may be required for the Work to be complete in all respects. 4. He waives claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under his/her Contract, but not: a. Costs under separate contracts. b. ENGINEER's costs for redesign or revision of Contract Documents. 1.06 ENGINEER DUTIES A. Review CONTRACTOR's requests for substitutions with reasonable promptness. B. Notify CONTRACTOR, in writing, of decision to accept or reject requested substitution. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01700 - 1 SECTION 01700 CONTRACT CLOSEOUT J.H. Winston Dump April 2018 SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.01 SCOPE OF WORK A. This Section specifies administrative, verification and procedural requirements for project closeout, including but not limited to: 1. Cleaning: Section 01710. 2. Project Record Documents: Section 01720. 3. Record Shop Drawings: Section 01300. 4. Warranties and Bonds (Section 01740) and applicable Sections in Division 2 Specifications. 5. Construction Schedule: Section 01310. B. The Contractor shall furnish all necessary tools and labor required to allow ENGINEER to verify the status of completion. 1.02 RELATED WORK A. Certified Surveyor documentation submittals (Section 01050). 1.03 CLOSEOUT PROCEDURES A. Provide all deliverables as specified (including but not limited to project record documents, O&M data, warranties, sales tax report) prior to submitting the final payment application. B. Provide submittals to ENGINEER, if applicable, that are required by governing or other authorities having applicable jurisdiction including but not limited to permit close out information, certificates of occupancy, etc. C. Submit Application for Final Payment identifying total adjusted Contract Sum, previous payments and sum remaining due, following submittal and approval of Record Documents and Record Drawings. D. Submit Contractor's Final Release and Release of Liens with final payment application. 1.04 SUBSTANTIAL COMPLETION A. When CONTRACTOR considers the Work substantially complete, he shall submit to the ENGINEER: 1. A written notice that the Work, or designated portion thereof, is substantially complete including all required surveys and record drawings. 01700 - 2 SECTION 01700 CONTRACT CLOSEOUT J.H. Winston Dump April 2018 2. A list of items to be completed or corrected. B. Within a reasonable time after receipt of such notice, the ENGINEER will make an inspection to determine the status of completion. C. Should the ENGINEER determine that the Work is not substantially complete: 1. The ENGINEER will promptly notify the CONTRACTOR in writing, giving the reasons therefore. 2. CONTRACTOR shall remedy the deficiencies in the Work, and send a second written notice of substantial completion to the ENGINEER. 3. The ENGINEER will re‐inspect the Work. ENGINEER will deduct the amount of compensation from the final payment to the CONTRACTOR for re‐inspections conducted due to failure of the Work to comply with the claims of status of completion made by the CONTRACTOR. D. When the ENGINEER finds that the Work is substantially complete, he will: 1. Prepare a tentative Certificate of Substantial Completion on EJCDC Form 1910‐8‐D, with a tentative list of items to be completed or corrected before final payment. 2. After consideration of any objections made by the OWNER as provided in the Conditions of the Contract, and when the ENGINEER considers the Work substantially complete, he will execute and deliver to the CONTRACTOR a definite Certificate of Substantial Completion with a revised tentative list of items to be completed or corrected. 1.05 FINAL INSPECTION A. When CONTRACTOR considers the Work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed. 2. Work has been inspected for compliance and completed in accordance with Contract Documents. 3. Work is completed and ready for final inspection. B. The ENGINEER will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should the ENGINEER consider that the Work is incomplete or defective: 1. The ENGINEER will promptly notify the CONTRACTOR in writing, listing the incomplete or defective work. 2. CONTRACTOR shall take immediate steps to remedy the stated deficiencies, and send a second written certification to the ENGINEER that the Work is complete. 3. The ENGINEER will re‐inspect the Work. 01700 - 3 SECTION 01700 CONTRACT CLOSEOUT J.H. Winston Dump April 2018 D. When the ENGINEER finds that the Work is acceptable under the Contract Documents, he shall request the CONTRACTOR to make closeout submittals. 1.06 FINAL CLEANING A. Contractor to complete final cleaning prior to submittal of the final application for payment. B. Contractor to comply with requirements as specified in Section 01710. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 01710-1 SECTION 01710 CLEANING J.H. Winston Dump April 2018 SECTION 01710 CLEANING PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Execute cleaning, during progress of the work, and at completion of the work, as required by the Terms and Conditions of the contract. 1.02 RELATED REQUIREMENTS A. Section 00500 Exhibit B: Terms and Conditions B. Each Specification Section: Cleaning for specific Products or work. 1.03 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations and anti‐ pollution laws. PART 2 PRODUCTS 2.01 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. PART 3 EXECUTION 3.01 DURING CONSTRUCTION A. Execute periodic cleaning to keep the Work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. B. Provide on‐site containers for the collection of waste materials, debris and rubbish. C. Remove waste materials, debris and rubbish from the site periodically and dispose of at legal disposal areas away from the site. 3.02 FINAL CLEANING A. Employ skilled workmen for final cleaning. 01710-2 SECTION 01710 CLEANING J.H. Winston Dump April 2018 B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight‐exposed interior and exterior surfaces. C. Remove temporary protection and facilities installed for protection of the Work during construction. D. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. E. Prior to final completion, the CONTRACTOR shall conduct an inspection of all work areas to verify that the entire Work is clean. END OF SECTION 01720-1 SECTION 01720 PROJECT RECORD DOCUMENTS J.H. Winston Dump April 2018 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. The CONTRACTOR shall keep and maintain, at the job site, a copy of Contract Documents, marked up to indicate all changes made during the course of the project, as specified herein. CONTRACTOR shall maintain at the site for the ENGINEER one record copy of: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. ENGINEER's Field Orders or written instructions. 6. Approved Shop Drawings, Working Drawings and Samples. 7. Field Test records. 8. Construction photographs. 9. Detailed Progress Schedule. 1.02 RELATED WORK A. As‐built surveys are included in Section 01050. B. Record shop drawings are included in Section 01300. C. As‐built construction schedules are included in Section 01310. D. Contract close‐out submittals are included in Section 01700. E. Warranties and bonds are included in Section 01740. 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES A. File documents and samples in accordance with CSI format. B. Maintain documents in a clean, dry, legible, condition and in good order. Do not use record documents for construction purposes. 01720-2 SECTION 01720 PROJECT RECORD DOCUMENTS J.H. Winston Dump April 2018 C. Make documents and samples available at all times for inspection by the ENGINEER. D. As a prerequisite for monthly progress payments, the CONTRACTOR is to exhibit and provide currently updated "Record Drawings" (two sets of blue prints) for review by the ENGINEER. 1.04 AUTOCAD UPDATE A. Provide AutoCAD update by standards for Record Drawings which will be designated by the ENGINEER. 1.05 RECORDING A. Label each document "PROJECT RECORD" or “RECORD DRAWING” as applicable, with month and year in large bold letters. B. Record information concurrently with construction progress. 1. Do not conceal any work until required information is recorded. 2. Mark record sets with red erasable pencil; use other colors to distinguish between variations in separate categories of the Work. 3. Mark new information that is important to the ENGINEER, but was not shown on Contract Drawings or Shop Drawings. 4. Note related Change Order numbers where applicable. 5. Organize record drawing sheets, as approved by ENGINEER, into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on the cover of each sheet. C. Drawings; AutoCAD update to record actual construction (complete set): 1. Elevations of various structure elements in relation to grade. 2. All underground piping with elevations and dimensions. Changes to piping location. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. 3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 4. Mechanical and electrical changes. 5. Major grading, roadway, and structural changes. 6. All underground duct banks with elevations and dimensions, horizontal and vertical locations of underground duct banks, and manholes along duct banks. 7. All underground cable elevations and horizontal locations of underground cables. 01720-3 SECTION 01720 PROJECT RECORD DOCUMENTS J.H. Winston Dump April 2018 8. Field changes of dimension and detail. 9. Changes made by Field Order or by Change Order. 10. Details not on original Contract Drawings. D. Specifications and Addenda; Provide one complete set and legibly mark each Section to record: 1. Manufacturer, trade name, catalog number, and Supplier of each Product and item of equipment actually installed. 2. Changes made by Field Order or by Change Order. E. Shop Drawings (after final review): 1. One complete set of record drawings. F. Certified site topographic survey for the constructed areas. Spot elevations shall be shown at a minimum 100‐foot rectangular grid sufficient to show all important topographic features with a minimum 2‐foot contour lines at a scale of 1‐inch equals 100‐feet per Section 01050 by a professional land surveyor. The above survey shall also be delivered in AutoCAD (Release 2012) to the ENGINEER. G. See requirements of 01050, 1.03C. 1.06 SUBMITTAL A. At Contract Substantial Completion, deliver a certified digital copy of the Record Drawings to the ENGINEER. B. Submit one (1) set of specifications and addenda, and Shop Drawings, in accordance with paragraph 1.05(D) & (E), of this section, prior to Final Completion. C. Accompany submittal with transmittal letter in duplicate, containing: 1. Date. 2. Project title and number. 3. CONTRACTOR'S name and address. 4. Title and number of each Record Document. 5. Signature of CONTRACTOR or his authorized representative. D. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record‐keeping and submittals in connection with actual performance of the Work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use 01720-4 SECTION 01720 PROJECT RECORD DOCUMENTS J.H. Winston Dump April 2018 and reference. Submit to the ENGINEER. E. Delivery of Record Drawings and Record Documents to the ENGINEER will be a prerequisite to Final payment. F. The Contractor shall maintain a copy of all books, records, and documents pertinent to the performance under this Agreement for a period of two (2) years following completion of the contract. G. Groundwater monitoring well abandonment or installation records shall be submitted prior to substantial completion. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01740-1 SECTION 01740 WARRANTIES AND BONDS J.H. Winston Dump April 2018 SECTION 01740 WARRANTIES AND BONDS PART 1 GENERAL 1.01 SCOPE OF WORK A. This Section specifies general administrative and procedural requirements for warranties and bonds required by the Contract Documents, including manufacturer’s standard warranties on products and special warranties. 1.02 RELATED WORK A. Section 00100: Instructions to Bidders. B. Section 01041: Project Coordination. C. Section 01700: Contract Closeout. D. Specific requirements for warranties for the Work and products and installations that are specified to be warranted, are included in the individual Sections. E. Certifications and other commitments and agreements for continuing services to ENGINEER are specified elsewhere in the Contract Documents. 1.03 SUBMITTALS A. Submit written warranties to the ENGINEER prior to the date of Substantial Completion. If the Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of the ENGINEER. B. When a special warranty is required to be executed by the CONTRACTOR, or the CONTRACTOR and a subcontractor, supplier or manufacturer, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the ENGINEER for approval prior to final execution. C. Refer to individual Sections for specific content requirements, and particular requirements for submittal of special warranties. D. Schedule of Special Warranties 1. Sections 02272 and 02273 ‐ Geotextiles 2. Section 02276 ‐ Erosion and Sedimentation Control 01740-2 SECTION 01740 WARRANTIES AND BONDS J.H. Winston Dump April 2018 3. Section 02950 ‐ Loaming and Seeding 1.04 WARRANTY REQUIREMENT A. Related Damages and Losses: When correcting warranted Work that has failed, remove and replace other Work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted Work. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of Contract Documents. The CONTRACTOR is responsible for the cost of replacing or rebuilding defective Work regardless of whether the ENGINEER has benefited from use of the Work through a portion of its anticipated useful service life. D. ENGINEER's Recourse: Written warranties made to the ENGINEER are in addition to implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the ENGINEER can enforce such other duties, obligations, rights, or remedies. E. Rejection of Warranties: The ENGINEER reserves the right to reject warranties and to limit selections to products with warranties not in conflict with requirements of the contract Documents. F. The ENGINEER reserves the right to refuse to accept Work for the Project where a special warranty, certification, or similar commitment is required on such Work or part of the Work, until evidence is presented that entities required to countersign such commitments are willing to do so. G. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the CONTRACTOR of the warranty on the Work that incorporates the products, nor does it relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the CONTRACTOR. 1.05 FORM OF SUBMITTALS A. All warranties and associated documentation shall be submitted electronically to the ENGINEER. 1.06 DEFINITIONS A. Standard Product Warranties are pre‐printed written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to 01740-3 SECTION 01740 WARRANTIES AND BONDS J.H. Winston Dump April 2018 the ENGINEER. B. Special Warranties are written warranties required by or incorporated in the Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for the ENGINEER. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION DIVISION 2 ‐ SITE WORK SECTION 02100 SITE CLEARING J.H. Winston Dump April 2018 02100-2 SECTION 02100 SITE CLEARING PART 1 GENERAL 1.1 SCOPE OF WORK A. This work shall consist of clearing, grubbing, removing, and disposing of vegetation, debris and other objects within the construction limits except for vegetation and objects that are designated to be preserved, protected, or removed in accordance with the requirements of other provisions of these specifications. 1.2 RELATED WORK A. Section 02200: Site Work Procedures. B. Section 02300: Earthwork. C. Section 02370: Erosion and Sediment Control 1.3 SUBMITTALS A. Submit copies of all permits required prior to clearing work. B. CONTRACTOR shall supply actual limits of construction and actual limits of clearing surveys certified by a Professional Land Surveyor registered in the State of North Carolina in accordance with Section 01050 (Field Engineering). PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.1 EXECUTION A. The CONTRACTOR shall install erosion and sediment control devices prior to beginning clearing and grubbing operations and such devices shall be functional before upland land disturbing activities take place. The CONTRACTOR shall disturb only that area necessary when installing the erosion and sediment control devices. B. Trees, wetlands, and other vegetation designated on the Drawings or directed by the ENGINEER to remain shall be preserved and protected as specified. C. The surface area of earth material exposed by grubbing, stripping topsoil, or excavation shall be limited to that necessary to perform the next operation within a given area. D. Grubbing of root mat and stumps shall be confined to that area of land which excavation or other land disturbance activities shall be performed by the CONTRACTOR within 15 days following grubbing E. All trees, shrubs, and bushes must be cleared and grubbed from the waste disposal areas SECTION 02100 SITE CLEARING J.H. Winston Dump April 2018 02100-3 and areas needed for the installation of perimeter erosion and sediment controls. a. Trees and limbs greater than 6 inches in diameter shall be cut into 12 foot lengths and neatly stacked in stockpile areas or loaded directly onto trucks. b. Stumps shall be removed sufficiently to allow removal of the surficial waste, installation of the erosion and sediment controls, and necessary access roads F. Waste encountered during site preparation activities shall be removed as necessary to complete site preparation activities or covered with a minimum of six inches of cover material, until excavation and backfill activities can be accomplished. 3.2 MAINTENANCE A. Stumps, roots, and other perishable material, and non‐perishable objects shall be disposed of off‐site. B. Trees and shrubs in ungraded areas shall not be cut without the approval of the ENGINEER. C. No burning is allowed. D. Topsoil shall be salvaged when practical and stored onsite for re‐use on the disturbed area. E. Depressions made during grubbing and/or stumping activities shall be cleared of waste, and shall be backfilled with suitable material, compacted, and graded to drain. END OF SECTION SECTION 02200 SITE CLEARING J.H. Winston Dump April 2018 02200-1 SECTION 02200 SITE WORK PROCEDURES PART 1 GENERAL 1.1 SCOPE OF WORK A. This Section includes general instructions for site work. 1.2 RELATED WORK A. Section 02100: Site Clearing. B. Section 02300: Earthwork. C. Section 02370: Erosion and Sediment Control. D. Drawings and general provisions of the contract, including general conditions and Division 1 specification sections, apply to this section. 1.3 SUBMITTALS A. Shop drawing, product data. B. Releases. C. Project Record Documents. D. Operating and maintenance data. E. Warranties. 1.4 PERMITS A. Obtain required permits from appropriate authorities before site work begins B. The SWPPP for the site is the approved Erosion and Sediment Control Plan and the NCG01 Construction General Permit. The ENGINEER has obtained the SWPPP and responsibility will be transferred to the CONTRACTOR performing the work 1. This does not relinquish the CONTRACTOR from the responsibility of maintaining proper storm water management practices. 1.5 QUALITY ASSURANCE A. Prior to beginning work, become thoroughly familiar with site conditions and all sections of the Division 1. Review all bridge weight limits and existing conditions. B. Thoroughly coordinate all sections of this Division. SECTION 02200 SITE CLEARING J.H. Winston Dump April 2018 02200-2 C. Comply with all pertinent codes and regulations. D. Perform all required tests in accordance with section requirements. 1.6 DUST CONTROL A. Use all means necessary to control dust on and near the work, and on and near all off‐ site borrow areas, if such dust is caused by the CONTRACTOR’s operations during performance of the work, or if resulting from the conditions in which the CONTRACTOR leaves the site. B. Thoroughly moisten all surfaces as required to prevent dust from being a nuisance to the public, neighbors, and concurrent performance of other work on the site. 1.7 MAINTAINING TRAFFIC A. Do not close or obstruct roadways without prior permits. B. Conduct operations with minimum interference to public or private roadways. C. Maintain designated temporary roadways, walkways and detours for vehicular and pedestrian traffic D. Provide adequate signage and barriers to restrict public access from the project area as designated on the project design plans. PART 2 PRODUCTS A. GENERAL 1. In accordance with the provisions of the following section of Division 2. PART 3 EXECUTION 3.1 SITE INSPECTION A. Prior to all work of this Division, carefully inspect the entire site and all features designated to be removed and to be preserved. B. Prior to all work, carefully inspect and PHOTO document access roads and bridges 3.2 CLARIFICATION A. The Drawings may not show all features existing on the site. Before commencing any work in this Division, verify with the ENGINEER all features not clearly identified to be removed or to be preserved and any discrepancies not fully resolved. 3.3 PRIOR CONDITIONS INSPECTIONS A. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where work may commence in SECTION 02200 SITE CLEARING J.H. Winston Dump April 2018 02200-3 accordance with the original design, all pertinent codes and regulations, and all applicable portions of the referenced standards. B. In the event of discrepancy, immediately notify the ENGINEER and do not proceed with work in non‐conforming areas until all identified discrepancies have been fully resolvedAll trees, shrubs, and bushes must be cleared and grubbed from the waste disposal areas and areas needed for the installation of perimeter erosion and sediment controls. 3.4 PROTECTION AND SAFETY A. Verify all required protection devices are in place and operational. B. Establish extent of site work by area and elevations; designate and identify datum elevation. C. Set required lines and levels D. Maintain bench marks, monuments and other reference points E. Waste encountered during site preparation activities shall be removed as necessary to complete site preparation activities or covered with a minimum of six inches of cover material, until excavation and backfill activities can be accomplished. 3.5 UTILITIES A. Before starting excavation, establish location and extent of utilities occurring in work area and disconnect or arrange for the disconnection of all utility services, performing all such work in accordance with the requirements of the utility company, agency, or entity involved. B. Maintain, re‐route or extend as required, existing utility lines to remain which pass through work area in accordance with the requirements of the utility company, agency, or entity involved. C. Preserve in operating condition all active utilities, existing utility lines to remain which pass through work area in accordance with the requirements of the utility company, agency, or entity involved. D. Remove abandoned utility service lines from areas of excavation; cap, plug or seal such lines and identify grade. E. Accurately locate and record abandoned and active utility lines, re‐routed or extended, on Project Record Documents. F. Notify the ENGINEER immediately when active utilities are encountered which are not shown on Drawings. 3.6 PROCEDURE A. Provide site work in accordance with lines and levels required for construction of the work, including space for forms, bracing and shoring, foundation drainage systems, and to permit inspection. SECTION 02200 SITE CLEARING J.H. Winston Dump April 2018 02200-4 3.7 EXCESS WATER CONTROL A. Do not place, spread, or roll fill material during unfavorable weather conditions. Do not resume operations until moisture content and fill density are satisfactory. B. Provide berms or channels to prevent run‐off into sub‐grade or excavations; promptly remove all water collecting in depressions. The CONTRACTOR shall be responsible for all dewatering required for construction in all areas. C. The CONTRACTOR shall provide and maintain at all times during construction, ample means and devices with which to promptly remove and dispose of all water from every source entering the excavations. Dewater by means which will ensure dry excavations and the preservation of the final lines and grades of bottoms of excavations. D. Filter excess water per the NC DEQ Erosion and Sediment Control Planning and Design Manual, latest edition or ENGINEER approved method. 3.8 SURPLUS MATERIALS A. Surplus soil materials shall be disposed of on‐site unless off site removal is approved by the ENGINEER. All material disposal shall be in accordance with a supplemental erosion & sediment control plan approved by the applicable review authorities. B. Soil disposal areas shall meet the compaction requirements for lawn areas as listed Section 02300 “Earthwork.” 3.9 DISPOSAL OF SITE CLEARING DEBRIS A. Site clearing vegetative debris may be disposed of on‐site in the locations designated and in accordance with the design documents. B. Concrete debris shall be disposed of offsite. C. Pre‐existing wood debris may be chipped and left for use as mulch on‐site or removed at no cost to ENGINEER. D. Trees shall be cut and may be temporarily neatly stacked where directed on site until they are hauled off site. END OF SECTION SECTION 02300 EARTHWORK J.H. Winston Dump April 2018 02300-1 SECTION 02300 EARTHWORK PART 1 GENERAL 1.1 SCOPE OF WORK A. This Section includes: 1. Preparing subgrades for final contours. 2. Excavating and backfilling for structure. 3. Excavating and backfilling trenches for drainage. 4. Bulk excavation and fill. 1.2 RELATED WORK A. Division 2 Section 02200: “Site Work Procedures” for site stripping, grubbing, stripping, and stockpiling topsoil, and removal of above and below grade improvements and utilities B. Division 2 Section 02370: Erosion & Sediment Control. C. Drawings and general provisions of the contract, including General Conditions and Division 1 Specification Sections, apply to this section 1.3 UNIT PRICES A. All excavation is unclassified and shall be included in the base cost except for unit prices as specified on the Bid Form 1.4 SUBMITTALS A. Product Data: For each type of the following manufactured products required: 1. Geotextiles. 1.5 DEFINITIONS A. Backfill: Soil material or controlled low‐strength material used to fill an excavation. 1. Initial Backfill: Backfill placed beside and over pipe in a trench, include haunches to support side slopes. 2. Final Backfill: Backfill placed over initial backfill to fill a trench. B. Bedding Course: Aggregate layer placed over the excavated subgrade in a trench before laying pipe. C. Fill: Soil materials used to raise existing grades. SECTION 02300 EARTHWORK J.H. Winston Dump April 2018 02300-2 D. Excavation: This work shall consist of constructing earthwork in accordance with these specifications and in conformity with the specified tolerances for the lines, grades, typical sections, and cross sections shown on the plans or as established by the ENGINEER. Earthwork shall include regular, borrow, undercut, and minor structure excavation; constructing embankments; disposing of surplus and unsuitable material; shaping; compaction; sloping; dressing; and temporary erosion and siltation control work. 1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by the ENGINEER. Authorized additional excavation and replacement material will be paid for according to Contract provisions for unit prices as specified on the Bid Form. 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by the ENGINEER. Unauthorized excavation, as well as remedial work directed by the ENGINEER, shall be without additional compensation E. Rock Material: Rock material in beds, ledges, un‐stratified masses, conglomerate deposits, and boulders of rock material that exceed 1 cu. yd. for bulk excavation or ¾ cu. yd. for footing, trench, and pit excavation that cannot be removed by typical rock excavating equipment without systematic drilling, ram hammering, or ripping. 1. There is no rock excavation included in this project. F. Unsuitable material: Any existing material on‐site that in the written opinion of the ENGINEER is not acceptable as subgrade for pavement or structures and is required to be removed and replaced with suitable fill material. Unsuitable material that has been rendered unsuitable by the failure of the CONTRACTOR to provide adequate drainage will not result in additional cost to the OWNER/ENGINEER. G. Structural Fill/Backfill: Fill placed by the CONTRACTOR and compacted to 95% of a standard proctor with +/‐ 3% of optimum moisture content for critical fill areas. H. Waste or Disposal Backfill: Fill placed by the CONTRACTOR and compacted to 85% of a standard proctor with +/‐ 4% of optimum moisture content for excess soil fills. I. Subgrade: Uppermost surface of an excavation or the top surface of a fill or backfill immediately below sub‐base, drainage fill, drainage course, or topsoil materials. J. Utilities: On‐site underground pipes, conduits, ducts, and cablesThe SWPPP for the site is the approved Erosion and Sediment Control Plan and the NCG01 Construction General Permit. The ENGINEER has obtained the SWPPP and responsibility will be transferred to the CONTRACTOR performing the work. 1.6 QUALITY ASSURANCE A. The CONTRACTOR will retain the services of a geotechnical firm to perform required testing and inspections of work under this section. PART 2 PRODUCTS SECTION 02300 EARTHWORK J.H. Winston Dump April 2018 02300-3 A. SOIL MATERIALS 1. General: There is no additional off‐site borrow beyond grades shown on plans. The CONTRACTOR shall notify the OWNER and the ENGINEER if he determines any additional structural fill is required to meet the grades as shown. If needed additional material shall be sourced on‐site subject to the ENGINEER’s direction and restrictions. Costs for obtaining additional fill material shall be provided at the CONTRACTOR’s expense. Offsite disposal of unsuitable soils shall be at the CONTRACTOR’s expense. a. Earthwork quantities are shown as balanced based on a 1:1 ratio of the expansion due to excavation and the contraction due to compacting structural fill. b. No claim is made of the existing soil moisture conditions. c. CONTRACTOR is responsible to modify soil moisture content as needed regardless of source of moisture. 2. General Fill: General fill material shall be deemed as material that classifies in the ASTM D 2487 soil classification groups GW, GP, GC, GM, SW, SP, SC, SM, CL, and ML or a combination of these group symbols. The maximum particle size shall be three inches largest dimension. 3. Structural Fill: Structural Fill material shall be deemed as material that classifies in the ASTM D 2487 soil classification groups GM, GC, SC, SM, CL, and ML or a combination of these group symbols. The maximum particle size shall be three inches largest dimension, except in the uppermost lift of fill, where the maximum particle size shall be two inches largest dimension. Maximum sized particles shall not be in excess of 20 percent of the volume of fill material, and such particles shall be well distributed throughout the mass. 4. Unsatisfactory Soils: Soil Classification OL, OH, PT, CH & MH, or a combination of these group symbols. a. Unsatisfactory soils also include satisfactory soils not maintained within 3 percent of optimum moisture content at time of compaction for structural fill and within 4 percent of optimum for general fill. 5. Soils which do not precisely meet the requirements listed above may be approved by the ENGINEER B. GEOTEXTILES 1. Separation Geotextile: Non‐woven geotextile fabric, manufactured for separation applications, made from polypropylene fibers; with elongation less than 50 percent; complying with ASTM requirements for geotextile use in stabilization or as approved by the ENGINEER. ASTM requirements are generally summarized as follows: a. Equivalent Opening Size: Equal to U.S. No. 100 Sieve following ASTM D 4751. b. Grab Tensile Strength: Equal to or greater than 250 lbs. following ASTM D 4632. SECTION 02300 EARTHWORK J.H. Winston Dump April 2018 02300-4 c. Puncture Strength: Equal to or greater than 80 lbs. following ASTM D 751. PART 3 EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earth moving operations. B. Protect and maintain erosion and sedimentation controls during earth moving operations. C. Protect subgrades and foundation soils from freezing temperatures and frost. Remove temporary protection before placing subsequent materials. 3.2 DEWATERING A. Prevent surface water and ground water from entering excavations, from ponding on prepared subgrades, and from flooding project site and surrounding area. B. Protect subgrades from softening, undermining, washout, and damage by rain or water accumulation. 1. Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in excavations. Do not use excavated trenches as temporary drainage ditches. C. As determined by the ENGINEER, undercutting and backfill of soils resulting from inadequate protection of the subgrade from water will not be considered for payment under the unit costs in the Bid Form or any other additional cost to the OWNER/ENGINEER. 3.3 EXPLOSIVES A. Explosives: The use of explosives is not allowed. 3.4 EXPANSIVE CHEMICALS A. Expansive Chemicals may be used at the expense of the CONTRACTOR with the ENGINEER’s approval. 3.5 EXCAVATION, GENERAL A. Excavation shall consist of removing and disposing of material located within the project limits, including widening cuts and shaping slopes necessary for removing root mat and stumps; stripping topsoil; cutting ditches, channels, waterways, and entrances; collecting and removing surficial waste; and performing other work incidental thereto. Grading operations shall be conducted so that material outside construction limits will not be SECTION 02300 EARTHWORK J.H. Winston Dump April 2018 02300-5 disturbed. Grading operations shall be confined to the minimum area necessary to accommodate the CONTRACTOR's equipment and work force engaged in the earth moving work. B. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered, except as noted on the Bid Form. Prior to excavation of material that may fall under the unit cost criteria, the ENGINEER inspector shall verify and document that the material falls under the unit cost criteria, direct extent of excavation, and record quantities. C. The CONTRACTOR shall strip and store waste‐free topsoil on‐site before excavating (see Section 02300, 3.10 and 3.11). 3.6 EXCAVATION FOR STRUCTURES A. Excavate to indicated elevation and dimensions within a tolerance of plus or minus 1 inch. If applicable, the CONTRACTOR may extend excavations a sufficient distance from structures for placing and removing concrete formwork, for installing services and other construction, and for inspection. 1. Safety: CONTRACTOR is responsible for maintaining an OSHA compliant excavation at all times. 2. Excavation for Manholes: Do not disturb bottom of excavation. Excavate by hand, if necessary, to final grade just before placing concrete. Trim bottoms to required lines and grades to leave solid base to receive other work. 3. Excavation for Underground Structures: Excavate to elevation and dimensions indicated within a tolerance of plus or minus 1 inch. Do not disturb bottom of excavations intended as bearing surfaces. 3.7 EXCAVATION FOR TRENCHES A. Safety: CONTRACTOR is responsible for maintaining an OSHA compliant trench at all times. B. Excavate trenches to indicated gradients, lines, depth, and elevations. C. Trench bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of pipes and conduit or as required for bedding, see drawings for bedding requirements for each service type. Where no bedding is required, shape subgrade to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove projecting stones and sharp objects along trench subgrade. 3.8 SUBGRADE INSPECTION A. Notify ENGINEER when excavations have reached required subgrade, and prior to fill placement or grading activities. SECTION 02300 EARTHWORK J.H. Winston Dump April 2018 02300-6 B. If ENGINEER determines that unsatisfactory conditions are present (including the presence of waste, unsatisfactory slopes, contamination above site specific SRGs, etc.), continue excavation and replace with compacted backfill or fill material as directed. 1. Unsuitable material shall be qualified and quantified by the ENGINEER. 2. Any material removed without approval of the ENGINEER will not result in additional cost to the OWNER or ENGINEER. C. Authorized additional excavation and replacement material will be paid for according to Contract provisions for unit prices in the Bid Form. D. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by ENGINEER, without additional compensation. 3.9 UNAUTHORIZED EXCAVATION A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom, without altering top elevation, and without additional compensation. Lean concrete fill, with 28‐day compressive strength of 2500 psi, may be used when approved by ENGINEER. 1. Fill unauthorized excavation under other construction, pipe, or conduit as directed by ENGINEER. 3.10 STORAGE OF SOIL MATERIALS A. Stockpile topsoil soil materials and excavated satisfactory soil materials without intermixing. Topsoil and soil stockpiles intended for re‐use shall be completely free of debris. Place, grade, and shape stockpiles to drain surface water. CONTRACTOR may cover to prevent windblown dust or stabilize per the NC DEQ Erosion and Sediment Control Planning and Design Manual. 1. Stockpile soil materials away from edge of excavations. 2. Do not place stockpiles within the drip line of remaining trees. 3. Stockpiles shall be neatly placed with stable slopes and seeded. 3.11 TOPSOIL A. The CONTRACTOR shall spread stockpiled topsoil until exhausted at a maximum of 6‐ inches thick evenly across the area to be seeded. No topsoil will be brought in from off‐ site. 3.12 BACKFILL A. Place and compact backfill for excavations back to original grades. B. Backfill shall be suitable material removed for the structure, although the ENGINEER may require that backfill material be obtained from a source within the construction limits SECTION 02300 EARTHWORK J.H. Winston Dump April 2018 02300-7 entirely apart from the structure or other approved material. C. Backfill shall be compacted in horizontal layers not more than 8 inches in thickness, loose measurement. Backfill shall be placed in horizontal layers. Backfill shall be placed in a manner to deter impoundment of water and facilitate existing drainage. 1. Structural Backfill: Fill being placed on or around any structures is considered structural backfill and the CONTRACTOR shall place and compact the fill to 95% of a standard Proctor with +/‐ 3% of optimum moisture content. 2. Waste or Disposal Backfill: Fill being placed to divert water or being disposed of onsite is considered waste or disposal backfill and the CONTRACTOR shall place and compact the fill to 85% of a standard Proctor with +/‐ 4% of optimum moisture content. 3. No Waste Backfill is anticipated. END OF SECTION SECTION 02370 EROSION AND SEDIMENT CONTROL J.H. Winston Dump April 2018 02370-1 SECTION 02370 EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.1 SCOPE OF WORK A. Erosion and siltation shall be controlled through the use of the devices and methods specified herein or as is otherwise necessary. The ENGINEER reserves the right to require other temporary measures not specifically described herein to correct an erosion or siltation condition: 1. Temporary erosion and sedimentation control measures. 2. Coordination with inspections 3. Permit requirements under the North Carolina Division of Water Quality’s Construction Stormwater General Permit. 1.2 RELATED WORK A. Drawings and general provisions of the contract, including General Conditions and Division 1 Specification Sections, apply to this section. 1.3 SUBMITTALS A. Product Data: For each type of the following manufactured products required: 1. Silt Fence 2. Rolled Erosion Control Products 3. Geotextile Fabric 4. Stone 5. Rip rap 6. Seed mixtures 7. North Carolina Department of Agriculture Soils Test Results 8. Fertilizer 9. Lime. PART 2 PRODUCTS 2.1 MATERIALS A. All erosion & sediment control measures shall comply with the NC Erosion and Sediment Control Planning and Design Manual. SECTION 02370 EROSION AND SEDIMENT CONTROL J.H. Winston Dump April 2018 02370-2 B. Rolled Erosion Control Products shall be completely biodegradable. C. Temporary Silt Fence: Fences shall be erected at locations shown on the plans or determined by the ENGINEER. Geotextile fabric used for silt fences shall be provided, and posts shall not be spaced more than 6 feet apart. Posts shall be uniformly installed with an inclination toward the potential silt load area of at least 2 degrees but not more than 20 degrees. Attaching fabric to existing trees will not be permitted. Fabric shall be firmly secured to the post or wire fence. The bottom of the fabric shall be entrenched in the ground in a minimum 6‐inch by 6‐inch trench. Temporary silt fence may also be entrenched using a slicing method with a minimum of 8 inches sliced into the ground. Fabric may be spliced only at support posts and with an overlap of at least 6‐inches. The top shall be installed with a 1‐inch tuck or reinforced top end section. The heights of the finished fence shall be a nominal 16 to 34 inches per the NC Erosion and Sediment Control Planning and Design Manual. D. Baled Straw Silt Barriers: Baled straw silt barriers may be substituted for temporary silt barriers with the approval of the ENGINEER in noncritical areas, such as pavement areas and rock locations where filter barriers cannot be installed in accordance with the plans and specifications and locations where the ENGINEER determines that streams and water beds will not be affected. E. Erosion Control Mulch: This work shall consist of furnishing and applying mulch as a temporary erosion control treatment on slopes exposed to the elements but not at final grade during the period from December 1 to March 1 for periods of up to 30 days prior to final grading or to areas to receive stabilization or paved surfaces within 6 months in accordance with this provision and as directed by the ENGINEER. Mulch shall be applied to exposed slopes requiring mulch or to areas to be stabilized within 48 hours after performance of grading operations. Straw or hay mulch shall be applied on bare slope areas at the rate of approximately 3 tons per acre (1.24 pounds per square yard). Straw or hay mulch shall be applied at a uniform thickness in such a manner that not more than 10 percent of the soil surface will be exposed. Straw or hay mulch shall be anchored to the slope surface by one of the following methods: spraying with cellulose fiber mulch at the rate of 750 pounds per acre (0.15 pound per square yard); disking or punching the mulch partially into the soil; using approved netting; or using other materials or methods approved by the ENGINEER. The CONTRACTOR may use more than one method on the same project. F. Mulch: For permanently seeded areas wood chip mulch chipped from on‐site woody vegetation shall be applied at approximately 1 inch thick over all areas. G. Rip Rap: Rip rap shall meet NC Erosion and Sediment Control Planning and Design Manual requirements for Class 1 or Class 2 rip rap. H. Diversion: A diversion is a channel constructed across a slope with a supporting earthen ridge on the lower side. The diversions as shown on the drawings may be parabolic, trapezoidal, and vee‐shaped. The CONTRACTOR shall temporarily stabilize the diversions once they are in place. Rolled Erosion Control Product (RECP) may be applied to the channel if necessary to prevent erosion. I. Diversion Dike: A diversion dike is a temporary ridge of compacted soil constructed at the top or base of a sloping disturbed area. The dikes shall be constructed using on‐site SECTION 02370 EROSION AND SEDIMENT CONTROL J.H. Winston Dump April 2018 02370-3 material. J. Construction Entrance: A construction entrance is a stabilized stone pad with a filter fabric under liner located at points of vehicular ingress and egress on a construction site. The CONTRACTOR shall place the construction entrance prior to accessing the site to reduce the amount of mud transported onto paved public roads. The CONTRACTOR shall use coarse aggregate (2 to 3 inch washed stone) as shown in the Erosion and Sediment Control Planning and Design Manual requirements to construct a temporary construction entrance. The aggregate layer shall be at least 6 inches thick. The entrance shall be a minimum of 12‐feet wide and at least 50 feet long PART 3 EXECUTION 3.1 PROJECT SEQUENCING A. The required sequence of operations is provided below and on the drawings. This sequence contains mandatory requirements. 1. Prior to construction the CONTRACTOR shall document pre‐existing conditions of the site. The pre‐existing conditions documentation shall include photographs or video and will be submitted to the ENGINEER before starting construction. 2. Install the construction entrance. 3. Prior to any land disturbing activities, all expected limits of disturbance shall be flagged. 4. Contractor shall notify NCDEQ‐DEMLR Erosion Control Inspector of the date land disturbing activity will commence. 5. Clear only those areas necessary to install initial E&S measures (perimeter silt fence barrier, temporary sediment basin, and diversion dikes) and complete all erosion control measures prior to clearing/grubbing and waste collection activities. Apply permanent seed to those areas where E&S measures were installed. 6. Locate and properly abandon the six monitoring wells on the site using a North Carolina licensed well driller, and remove all well materials from the site. 7. Harvest mature trees larger than 6‐inches in diameter, cutting at the base of the tree and leaving stumps in place such that waste and underlying soils are not disturbed. Transport the mature trees off‐site for processing. 8. Collect the remaining vegetation within disturbed areas for chipping on‐site and neatly stockpile in an upland area. Remove stumps and properly dispose of those that are not suitable for chipping. No burning of stumps, vegetation, and/or waste is allowed. 9. Divide the waste disposal area into smaller manageable work areas, working from lower areas in an uphill fashion. Work shall subsequently progress into higher areas such that equipment does not track over completed and seeded areas 10. Collect large metal objects, such as tractor frames and white goods, and segregate for the purpose of recycling. Collect and segregate tires and dispose of at an SECTION 02370 EROSION AND SEDIMENT CONTROL J.H. Winston Dump April 2018 02370-4 appropriate facility. Use of separate roll‐off dumpsters to collect metals and tires is recommended. 11. Collect other debris and general waste and transport to a permitted landfill facility. Any waste material that is collected each workday that cannot be delivered to the landfill may be stockpiled within the perimeter of the identified waste area for removal the next day. Any exposed and disturbed waste shall be covered at the end of each work day and prior to any stormwater runoff producing event. 12. During waste collection activities, segregate and stockpile any soil encountered that can be confirmed to be free of waste. This material shall be re‐used during re‐ grading and site stabilization activities. 13. Segregate potential suspect asbestos‐containing materials (ACMs) and dispose of as appropriate in accordance with the approved ACM Management Plan. 14. Confirmation soil samples will be collected by the ENGINEER when excavation of the surficial waste is complete in each work area. Conduct additional excavation as directed in areas with detections of compounds above the Site Specific SRG concentrations and dispose of at an appropriate permitted facility, and continue until laboratory analysis indicates conditions are below the Site Specific SRGs. 15. Subsequent to confirmation of waste removal in each area, re‐grade the subgrade and blend to mirror the existing topography as indicated in the Proposed Site Plan. Cut and fill irregular areas (including but not limited to stump holes and previous areas of excavated waste) as necessary to achieve positive drainage and maintain stable slope conditions with no grades exceeding 5H:1V. 16. Scarify surface approximately 6 inches in preparation of soil amendments and stabilization. Amend soil with lime and fertilizer as needed per soil nutrient analysis. 17. Permanently stabilize disturbed work areas within 7 days of completion of final grading activities to establish the permanent vegetative cover. Apply wood chips and cover seeded area approximately 1 inch in thickness. 18. Repeat the sequence above in manageable work areas until the Waste Disposal Areas are verified to be cleared, tested, free of waste, and permanently seeded and mulched. 19. Contractor shall dewater the Skimmer Basin by pumping into an approved silt bag. 20. After permanent vegetative cover of disturbed areas is established, remove the temporary erosion control measures. Remove diversion dikes and the sediment basin by depositing the soils used to construct those features into the dike(s) or basin interior and grade to drain. Permanently seed and mulch those areas. 21. Maintain seeded areas until adequate grass cover is established and final stabilization is approved. 22. Demobilize from site and remove all equipment, materials, trash, etc SECTION 02370 EROSION AND SEDIMENT CONTROL J.H. Winston Dump April 2018 02370-5 3.2 REGULATORY INSPECTORS A. Coordinate with Regulatory Inspectors. Promptly notify the ENGINEER of visits by any regulatory inspector and provide the ENGINEER with copies of any inspection reports. B. Promptly notify the ENGINEER by email of any field direction given by an Inspector. Do not perform any operations directed by the Inspector that could possibly result in additional cost to the OWNER or ENGINEER without receiving written direction from the OWNER. Only additional E&S measures beyond those shown in the approved plans may constitute a possible cost to the OWNER. Changes to installed measures are included in the Contract. C. Temporary and permanent erosion and siltation control measures shall be inspected after each rainfall and at least daily during period of prolonged rainfall. 1. Deficiencies shall be immediately corrected. D. The CONTRACTOR shall make a daily review of the location of silt fences and filter barriers to ensure that they are properly located for effectiveness. 1. Where deficiencies exist, corrections shall be made immediately as approved or directed by the ENGINEER. 3.3 NORTH CAROLINA DIVISION OF WATER QUALITY CONSTRUCTION STORMWATER PERMIT (NCG01) A. As the disturbed area is greater than one or more acres of land the project requires an Erosion and Sediment Control Plan (E&SC Plan). A Division of Water Quality’s Construction Stormwater Permit is attached to the E&SC Plan and shall be submitted by the ENGINEER. However, the CONTRACTOR shall take ownership of the Division of Water Quality’s Construction Stormwater Permit at the commencement of the project and shall prepare all necessary forms for Notice of Termination at the completion of the project, and pay any additional fees. 3.4 TEMPORARY SEEDING A. Temporary seed shall be German Millet applied at 40 lbs/ac to all areas that that will not be brought to final grade for a period of more than 21 calendar days. B. If a North Carolina Department of Agriculture Soils Test is not yet available apply lime at 1 to 1.5 tons per acre. C. When soil tests are not available, apply a 10‐10‐10 grade fertilizer at 700‐1,000 lb/acre. D. Incorporate lime and fertilizer into soil 4‐6 inches deep into the soil. 3.5 PERMANENT SEEDING A. Remove all roots, limbs, rocks greater than 6‐inches, and other deleterious materials from the seedbed. Removed materials may be disposed of on‐site in accordance with the project requirements or removed from the project site. SECTION 02370 EROSION AND SEDIMENT CONTROL J.H. Winston Dump April 2018 02370-6 B. Obtain a North Carolina Department of Agriculture Soils Test for all areas to be seeded, sprigged, sodded or planted. Recommended fertilizer and pH adjusting products shall be incorporated into the prepared areas and backfill material per the test. C. Roughen surface and / or track seed bed prior to seeding. D. Seeding mix, application rate, and planting times shall comply with the NC Erosion and Sediment Control Planning and Design Manual requirements. 1. Seed mix requires both nurse crop and primary stabilization species a. Nurse Crop Species: 1) German Millet 10.0 lb/ac 2) Korean Lespedeza 10.0 lb/ac b. Primary Stabilization Species 1) Bermuda 50.0 lb/ac 2) Deertongue 10.0 lb/ac 3) Browntop Millet 20.0 lb/ac 4) Kobe Lespedeza 20.0 lb/ac c. No invasive species are permitted. E. All seed shall be certified in conformance with current rules and regulations of North Carolina and shall be the latest crop available. Seed shall bear an official “Certified Seed” label. F. Hydroseed Slurry Shall Include: 1. Fertilizer: a. As determined from the soil sample analysis. 1) As an initial treatment apply a starter type fertilizer (one that is high in phosphorus) based on the type of grass and planting method. Apply 40 pounds of 5‐10‐10, 20 pounds of 10‐20‐20, or 16 pounds of 18‐24‐6 Per 1,000 sq. ft. area. Recheck soil needs as necessary. 2. Lime: 1) As determined from the soil sample analysis. Add lime as necessary for a target pH of 6.5 – 7.0 (slightly acidic to neutral). 2) As an initial treatment apply 75 pounds of ground limestone per 1,000 sq. ft. and check pH. 3. Fiber mulch commonly used in hydroseeding applications at a minimum of 0.75 tons per acre. 4. Guar based tackifiers at a rate appropriate for the slope and watering conditions expected at the time of application. 5. Install hydroseed over all disturbed areas. SECTION 02370 EROSION AND SEDIMENT CONTROL J.H. Winston Dump April 2018 02370-7 3.6 MAINTENANCE A. Erosion and siltation control devices and measures shall be maintained in a functional condition at all times. B. Sediments shall be removed and disposed of from all other erosion and siltation control devices when capacity, height, or depth has been reduced by 50 percent. 3.7 SITE CLEANUP A. Temporary erosion and sediment control devices except brush silt barriers shall be removed within 30 days after final site stabilization or after the temporary devices are no longer needed as determined by the ENGINEER and governing agency. 3.8 ROLLED EROSION CONTROL PRODUCTS A. Rolled Erosion Control Products: RECP shall consist of a photo degradable plastic netting which covers and is entwined in a natural organic or man‐made mulching material. 1. Mulching Material: Shall consist of wood fibers, wood excelsior, straw, coconut fiber, or man‐made fibers, or a combination of the same. The blanket shall be of consistent thickness with the mulching material / fibers evenly distributed over its entire length. The mulching / fibers must interlock or entwine to form a dense layer which not only resists raindrop impact, but will allow vegetation to penetrate the blanket. B. Installation 1. The CONTRACTOR shall prepare the soil surface including surface roughening and seeding, and fertilizing after the final grade has been established. 2. Staples: Shall be No.11 gauge wire or heavier. Their length shall be a minimum of 6 inches. 3. The CONTRACTOR shall begin the installation process by digging a trench 6 inches deep by 6 inches wide at the top of the slope. Place 12 inches of blanket over the up‐slope portion of the trench. Secure the blanket at the bottom of the trench with staples placed 12 inches apart across the width of the blanket. 4. The CONTRACTOR shall roll the blanket vertically down the slope. Secure using the appropriate staple pattern, which are 0.7 staples / yd2. 5. The CONTRACTOR shall place parallel blankets with a minimum of 4‐inches of overlap and secure the two mats together with staples placed approximately 3‐feet apart. 6. Additional vertical blankets can be joined using a minimum 4‐inch overlapping or shingle style in the direction of water flow. The blankets shall be connected by placing staples approximately 12 inches apart across the width of the blankets. 7. The Contractor shall place an intermittent check slot for blankets placed along the channel at 30‐foot intervals. A 6‐inch deep by 6‐inch wide trench shall be made and SECTION 02370 EROSION AND SEDIMENT CONTROL J.H. Winston Dump April 2018 02370-8 the blanket is placed at the bottom of the trench and covered with approximately 2‐ inches of soil. A blanket is then rolled over the compacted soil and secured with staples placed 12 inches apart. The trench is then backfilled and compacted. 8. Apply seed and continue with installation. 9. The end of the blanket must be secured in a 6 inch by 6 inch trench with a row of staples placed at 12 inch intervals. 3.9 GUARANTEE PERIOD AND FINAL ACCEPTANCE A. Guarantee all seeded areas for not less than 1 full year from the time of provisional acceptance. The CONTRACTOR shall keep all areas watered and lawns within the work areas mowed and in good condition, reseeding all areas if and when necessary until a good healthy, uniform growth is established over the entire area, and shall maintain all areas in an approved condition until the end of the maintenance period. B. The CONTRACTOR shall request that the ENGINEER inspect all work for final acceptance at the end of the guarantee period upon the written request of the CONTRACTOR, received at least ten days before the anticipated date of inspection. C. The maintenance period must occur during the growing season between April 15 and October 30. CONTRACTOR shall mow to 2 inches when the lawn reaches 3 inches. Do not remove more than 40% of the blade length. D. A satisfactory lawn and slope stand shall be defined as a section of 10,000 square feet or larger that has: 1. No bare spots larger than 4 square inches. 2. No more than 5 percent of total area with bare spots. 3. Grass height as specified. E. The inspection by the ENGINEER will determine whether maintenance shall continue in any area or manner. F. After all necessary corrective work and clean‐up has been completed, and maintenance instructions have been received by the ENGINEER, the ENGINEER will certify in writing the final acceptance of the seeded areas. The CONTRACTOR's responsibilities for maintenance of the seeded area shall cease on receipt of final acceptance. G. Turf areas not demonstrating satisfactory stands as outlined above, as determined by the ENGINEER, shall be renovated, reseeded/resodded and maintained meeting all requirements as specified herein. H. After all necessary corrective work has been completed, the ENGINEER, upon the written request of the CONTRACTOR, received at least ten days before the anticipated date of inspection for final acceptance, shall certify in writing the final acceptance of the areas. END OF SECTION SECTION 02630 DRAINAGE J.H. Winston Dump April 2018 02630-1 SECTION 02630 DRAINAGE PART 1 GENERAL 1.1 SCOPE OF WORK A. Section includes: 1. Pipe 2. Sand 3. Gravel 4. Rip Rap 5. Fabric B. All materials and installation shall comply with North Carolina Erosion and Sediment Control Planning and Design Manual requirements. 1.2 SUBMITTALS A. Product Data: For each type of product indicated B. Coordination Drawings: Show pipe sizes, locations, and elevation. Show other piping in same trench and clearance from system piping. Indicate interface and spatial relationship between grit chambers, piping, and proximate structures. C. Product Certificates: For each type of pipe and fitting, from manufacturer. D. Field quality‐control reports PART 2 PRODUCTS 2.1 POLYVINYLCHLORIDE (PVC) PIPE A. PVC drain pipe shall conform to the requirement of ASTM F758, Type PS 28, or ASTM F949 B. Perforated PVC drain pipe shall be schedule 40 pipe 4 inches in diameter with drain holes ¼ or 3/8 inch in diameter with at least 8 holes per foot uniformly distributed along the upper half of the installed pipe. C. Solid PVC drain pipe shall be Schedule 40 pipe 4 inches in diameter 2.2 FINE AGGREGATE A. Fine aggregate is classified herein in accordance with its occurrence or method of manufacture as natural sand or stone sand. Natural sand shall consist of grains of hard, sound material, predominantly quartz, occurring in natural deposits or in loosely bound deposits, such as sandstone conglomerate. Stone sand shall consist of sound crushed particles of approved Grade A stone, essentially free from flat or elongated pieces, with sharp edges and corners removed. Fine aggregates for use in hydraulic cement concrete SECTION 02630 DRAINAGE J.H. Winston Dump April 2018 02630-2 that are obtained from more than one source shall not be used alternately or mixed without the consent of the ENGINEER. 1. Filter Grading: Grading shall conform to the requirements of ASTM C‐33 without limestone. 2.3 COARSE AGGREGATE A. Coarse aggregate shall consist of crushed stone, crushed or uncrushed gravel with clean, hard, tough, and durable pieces free from adherent coatings and deleterious amounts of friable, thin, elongated, or laminated pieces; soluble salts; or organic materials. 1. Approved Granular Material: Naturally or artificially graded coarse aggregate 2 to 3 inch washed stone as specified in the NC Erosion and Sediment Control Planning and Design Manual. 2. Base Stone: Stone placed under Rip Rap outfall channel shall be NC Class A stone. 3. Construction Entrance: Stone used to construct construction entrance shall be 2 to 3 inch washed stone. 2.4 RIP RAP A. Rip rap shall meet NC Erosion and Sediment Control Planning and Design Manual requirements for Class 1 or Class 2 rip rap. 2.5 FABRIC A. Geotextile fabric shall be MIRAFI 1100N grade fabric or approved equivalent PART 3 EXECUTION 3.1 EARTHWORK A. Excavation, trenching, and backfilling are specified in Division 2 Section “Earthwork.” 3.2 RIP RAP A. The Contractor shall grade the outfall channel according to the drawings. B. The rip rap should be placed generally following ASTM D6825 or ENGINEER approved method. C. Geotextile fabric shall be Mirafi 1100N or approved equivalent. D. The base stone shall be NC Class A stone. E. The rip rap placed shall be NC Class 2 or Class 2 Rip Rap. 3.3 FIELD QUALITY CONTROL A. Conduct a visual inspection of the existing piping to determine whether line displacement, defects listed below, or other damage exists prior to excavation. Pipe may be inspected SECTION 02630 DRAINAGE J.H. Winston Dump April 2018 02630-3 after approximately 24 inches of backfill is in place, and again at completion of Project. Any damaged drain systems shall be repaired. 1. Defects occurring due to construction that require correction include the following: a. Alignment: less than full diameter of inside of pipe is visible between ends. b. Damage: Crushed, broken, cracked, or otherwise damage piping. c. Infiltration: Water leakage into piping. d. Exfiltration: Water leakage from or around piping. 2. Replace defective piping using new materials, and repeat inspections until defects are within allowance specified. 3. Re‐inspect and repeat procedure until results are satisfactory or are ENGINEER approved. END OF SECTION APPENDICES APPENDIX I STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT – NCG 01000 Page 1 of 16 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT – NCG 010000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM for CONSTRUCTION ACTIVITIES In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by North Carolina Environmental Management Commission and the Federal Water Pollution Control Act as amended: All owners or operators of stormwater point source discharges associated with construction activities including clearing, grading or excavation activities resulting in the disturbance of land greater than or equal to one acre, or that are part of a common plan of development of that size, are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying stormwater to the surface waters in accordance with the terms and conditions set forth herein. Failure to receive coverage under this permit or violations of any of the conditions listed may result in assessment of state or federal civil or criminal penalties for each day of violation. The General Permit shall become effective on August 1, 2016. The General Permit shall expire at midnight on July 31, 2018. Signed this day July 22, 2016 ____________________________ for Tracy Davis, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Original Signed by Toby Vinson Page 2 of 16 TABLE OF CONTENTS Page SECTION I - COVERAGE UNDER THE GENERAL PERMIT. . . . . . . . . . . . . . . . . . . . 3 SECTION II – STORMWATER POLLUTION PREVENTION REQUIREMENTS . . . 4 Section II.A. - Stormwater Pollution Prevention Requirements in the E&SC Plan . . . . . . . . . 4 Section II.B. - Stormwater Pollution Prevention Requirements in the Construction GP . . . . . . 5 Section II.B.1. - Construction Site Pollutants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section II.B. 2 - Ground Stabilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section II.B. 3. - Self Inspection and Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section II.B.4. - Sediment Basins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section II.B.5. -Discharges to Special or Threatened Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SECTION III – FRAMEWORK OF PERMIT COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . 8 SECTION IV – OPERATION AND MAINTENANCE OF POLLUTION CONTROLS . 10 SECTION V – PERMIT ADMINISTRATION AND COMPLIANCE ISSUES . . . . . . . . .11 SECTION VI – DISCHARGE MONITORING AND TURBIDITY LIMITATIONS . . . . 15 SECTION VII – DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SECTION VIII – DIVISION OF WATER QUALITY CONTACTS . . . . . . . . . . . . . . . . . . 16 Page 3 of 16 SECTION I COVERAGE UNDER THE GENERAL PERMIT Until this State of North Carolina General Permit expires or is modified or revoked, the permittee is authorized to discharge stormwater in accordance with the terms and conditions of this permit and in accordance with an approved Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources, Land Quality Section, or a delegated local program under the provisions and requirements of North Carolina General Statutes in Article 4 of Chapter 113A to the surface waters of North Carolina or to a separate storm sewer system. The permit, along with state statutes (N.C.G.S. 143-215.1) and rules (NCAC 2H .0100) relating to stormwater permitting are designed to work together to assure compliance with the NPDES requirements of the Clean Water Act. Furthermore, North Carolina rules in Title 15A NCAC 2H .0126 adopt by reference the federal stormwater permitting requirements. Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of North Carolina Water Quality Standards for surface waters and wetlands (15A NCAC 2B .0200). Discharges allowed by this permit must meet all applicable water quality certification or permit requirements as outlined in 15A NCAC 2H .0500 and 2H .1300. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. This General Permit is applicable to point source discharges from construction activities disturbing one or more acres of land. The application to the Division of Land Resources or a delegated local program for approval of a local Erosion and Sedimentation Control Plan (E&SC Plan) shall be considered to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an approval for the E&SC Plan by the Division of Land Resources or delegated local program that includes the following: a. Designation on the plans where the specific ground stabilization requirements apply as per Section II.B.2 of this permit. b. Designs of basins with surface withdrawal as per Section II.B.4 of this permit. Prior to the commencement of construction and land disturbing activities, approval of the E&SC Plan shall be obtained. This General Permit revision reflects changes made in the federal regulations effective February 1, 2010. The federal regulations were a result of litigation that mandated that construction activities over a certain size must contain additional specifications that would result in reduced wastes and sediment loading reaching the nation’s waters. The Division of Water Quality and the Division of Land Resources established a Construction General Permit Technical Advisory Group (CTAG) to provide them guidance in developing the permit. The CTAG was comprised of 14 members who represented a broad range of environmental, regulatory, government and development interests. A Draft Construction General Permit was prepared and made available for review on May 13, 2011. A public meeting was held on June7th. This permit reflects the input received during the twelve- month development process. Any owner or operator not wishing to be covered or limited by this General Permit may apply for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to the time the permit is needed unless waived, by the Director. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been rescinded. Any person conducting an activity covered by an Page 4 of 16 individual permit but which could be covered by this General Permit may request that the individual permit be rescinded and coverage under this General Permit be provided. The Division of Water Quality partners with the Division of Land Resources to implement a complete program for construction site coverage that includes state sedimentation control and NPDES stormwater control. The Division of Land Resources implements their control programs through an Erosion and Sedimentation Control Plan (E&SC Plan) issued for each construction site in the state disturbing one or more acres of land. An E&SC Plan is required for each site by the Division of Land Resources or a delegated local government program. The NPDES Construction Stormwater permit (NCG010000) is attached to Erosion and Sedimentation Control Plan approvals. The permittee is responsible for abiding by the conditions of both of these documents. The Sedimentation Pollution Control Act of 1973 places a duty upon the Sedimentation Control Commission to “develop recommended methods of control of sedimentation and prepare and make available for distribution publications and other materials dealing with sedimentation control techniques appropriate for use by persons engaged in land-disturbing activities.” The Sedimentation Control Commission and the Division of Land Resources have adopted the North Carolina Erosion and Sediment Control Planning and Design Manual as the document to provide that guidance for use at all constructions sites in the state. The individual Erosion and Sedimentation Control Plans are developed based on this guidance and become a condition of the Division of Water Quality’s Construction Stormwater General Permit. As provided in this permit, “deviation from the approved E&SC Plan, or approved amendment to that plan, shall constitute a violation of the terms and conditions of this general permit.” SECTION II STORMWATER POLLUTION PREVENTION REQUIREMENTS The State construction-related stormwater pollution prevention program provides for: (a) identification of the potential sources of stormwater pollution at the individual construction site; (b) description of the stormwater control measures to reduce or eliminate pollutants in stormwater discharges from the construction site; and (c) identification of the procedures the operator will implement to comply with the terms and conditions of this general permit and the Erosion and Sedimentation Control Plan (E&SC Plan). In North Carolina, the approved Erosion and Sedimentation Control Plan for the site, and the NCG01 Construction General Permit are considered the Stormwater Pollution Prevention Plan (SWPPP) for that site. These two documents, and any specifically-added water quality conditions for that site, contain the provisions necessary to meet the federal regulatory requirements of the NPDES program including provisions implementing the Effluent Limitations Guidelines effective at the time of this permit. SECTION II.A. - STORMWATER POLLUTION PREVENTION REQUIREMENTS IN THE EROSION AND SEDIMENTATION CONTROL PLAN The Erosion and Sedimentation Control program is mandated and funded according to state statutes. The majority of the technology-based requirements needed to satisfy the federal stormwater pollution prevention specifications are addressed in the approved E&SC Plan. Each applicant for an E&SC Plan approval is required to comply with a “checklist” of over 50 site-specific conditions*. The categories of these conditions include: 1) location information, 2) site features, 3) control measures, 4) drainage features, 5) stormwater calculations, 6) stabilization, 7) ownership information and 8) construction sequencing. Page 5 of 16 *The individual requirements to be addressed in each E&SC Plan application can be found at http://portal.ncdenr.org/web/lr/erosion . See “Plan check list for designers.” SECTION II.B. - STORMWATER POLLUTION PREVENTION REQUIREMENTS IN THE NC CONSTRUCTION GENERAL PERMIT In addition to the stormwater pollution prevention controls found in the E&SC Plan, this Construction General Permit contains additional conditions that must be met in order to comply with the NPDES program requirements. They are as follows: 1) Construction Site Pollutants Permittee must manage activities on the site such that water quality standards are not violated from site activities or allowed discharges. In addition to stream pollution from sediment discharge, other activities on construction and development sites can result in pollutants reaching the state’s waters. EPA has prepared guidance documents that provide best management practices that address many activities. See http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm?action=min_measure&min_measure_id=4 The following activities, and others on a site-specific basis, require oversight throughout the construction and development process to assure that all water quality standards are protected: a) Equipment Operation and Maintenance - Equipment utilized during the construction activity on a site must be operated and maintained in such a manner as to prevent the potential or actual pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged onto the ground or into surface waters. Spent fluids shall be cleaned up and disposed of in a manner so as not to enter the waters, surface or ground, of the state and in accordance with applicable state and federal regulations. b) Material Handling - Herbicide, pesticide, and fertilizer usage during the construction activity shall be consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in accordance with label restrictions. c) Building Material Waste Handling i) All wastes composed of building materials shall be disposed of in accordance with North Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules governing the disposal of solid waste (North Carolina Administrative Code Section 15A NCAC 13B). ii) Locate areas dedicated for management of land clearing and demolition debris, construction and domestic waste, and hazardous or toxic waste. This location shall be at least 50 feet away from storm drain inlets and surface waters unless it can be shown that no other alternatives are reasonably available. iii) Dumping of paint and other liquid building material wastes in storm drains is prohibited. iv) Litter and Sanitary Waste - The permittee shall control the management and disposal of litter and sanitary waste from the site. d) Location of Stock Piles - Locate earthen-material stock pile areas at least 50 feet away from storm drain inlets and surface waters unless it can be shown that no other alternatives are reasonably available. e) Handling of Concrete i) Concrete materials onsite, including excess concrete, must be controlled and managed to avoid contact with surface waters, wetlands or buffers. No concrete or cement slurry shall be discharged from the site. (Note that discharges from onsite concrete plants require coverage under a separate NPDES permit – NCG140000.) ii) Any hardened concrete residue will be disposed of, or recycled on site, in accordance with local and state solid waste regulations. Page 6 of 16 2) Ground Stabilization a) Soil stabilization shall be achieved on any area of a site where land-disturbing activities have temporarily or permanently ceased according to the following schedule: i) All perimeter dikes, swales, ditches, perimeter slopes and all slopes steeper than 3 horizontal to 1 vertical (3:1) shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within 7 calendar days from the last land-disturbing activity. ii) All other disturbed areas shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within 14 calendar days from the last land-disturbing activity. b) Conditions - In meeting the stabilization requirements above, the following conditions or exemptions shall apply: i) Extensions of time may be approved by the permitting authority based on weather or other site-specific conditions that make compliance impracticable. ii) All slopes 50’ in length or greater shall apply the ground cover within 7 days except when the slope is flatter than 4:1. Slopes less than 50’ shall apply ground cover within 14 days except when slopes are steeper than 3:1, the 7 day-requirement applies. iii) Any sloped area flatter than 4:1 shall be exempt from the 7-day ground cover requirement. iv) Slopes 10’ or less in length shall be exempt from the 7-day ground cover requirement except when the slope is steeper than 2:1. v) Although stabilization is usually specified as ground cover, other methods, such as chemical stabilization, may be allowed on a case-by-case basis. vi) For portions of projects within the Sediment Control Commission-defined “High Quality Water Zone” (15A NCAC 04A. 0105) , stabilization with ground cover shall be achieved as soon as practicable but in any event on all areas of the site within 7 calendar days from the last land- disturbing act. vii) Portions of a site that are lower in elevation than adjacent discharge locations and are not expected to discharge during construction may be exempt from the temporary ground cover requirements if identified on the approved E&SC Plan or added by the permitting authority. 3) Self Inspection and Reporting Requirements Minimum self inspection and reporting requirements are as follows unless otherwise approved in writing by the Division of Water Quality. a) A rain gauge shall be maintained in good working order on the site unless another rain- monitoring device has been approved by the Division of Water Quality. b) A written record of the daily rainfall amounts shall be retained and all records shall be made available to Division of Water Quality or authorized agent upon request. If no daily rain gauge observations are made during weekend or holiday periods, and no individual-day rainfall information is available, the cumulative rain measurement for those un-attended days will determine if a site inspection is needed. (Note: if no rainfall occurred, the permittee must record “zero”). c) Erosion and sedimentation control measures shall be inspected to ensure that they are operating correctly. Inspection records must be maintained for each inspection event and for each measure. At a minimum, inspection of measures must occur at the frequency indicated below: i) All erosion and sedimentation control measures must be inspected by or under the direction of the permittee at least once every seven calendar days, and ii) All erosion and sediment control measures must be inspected by or under the direction of the permittee within 24 hours after any storm event of greater than 0.50 inches of rain per 24 hour period. d) Once land disturbance has begun on the site, stormwater runoff discharge outfalls shall be inspected by observation for erosion, sedimentation and other stormwater discharge characteristics such as clarity, floating solids, and oil sheens. Inspections of the outfalls shall be made at least once every seven calendar days and within 24 hours after any storm event of greater than 0.50 inches of rain per 24 hour period. Page 7 of 16 e) Inspections are only required to be made during normal business hours. When adverse weather conditions would cause the safety of the inspection personnel to be in jeopardy, the inspection can be delayed until it is deemed safe to perform these duties. (Times when inspections were delayed because of safety issues should be noted in the Inspection Record.) If the inspection cannot be done on that day, it must be completed on the following business day. f) Twenty-four Hour Reporting for visible sediment deposition i) The permittee shall report to the Division of Water Quality central office or the appropriate regional office any visible sediment being deposited in any stream or wetland or any noncompliance which may endanger health or the environment. (See Section VIII of this permit for contact information.) Any information shall be provided orally or electronically within 24 hours from the time the permittee became aware of the circumstances. ii) A written submission shall be provided to the appropriate regional office of the Division of Water Quality within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the sediment deposition and actions taken to address the cause of the deposition. The Division of Water Quality staff may waive the requirement for a written report on a case-by-case basis. g) Records of inspections made during the previous 30 days shall remain on the site and available for agency inspectors at all times during normal working hours, unless the Division of Water Quality provides a site-specific exemption based on unique site conditions that make this requirement not practical. Older records must be maintained for a period of three years after project completion and made available upon request. The records must provide the details of each inspection including observations, and actions taken in accordance with this permit. The permittee shall record the required rainfall and monitoring observations on the Inspection Record form provided by the Division or a similar inspection form that is inclusive of all of the elements contained in the Division’s form. Use of electronically-available records, in lieu of the required paper copies for inspection will be allowed if shown to provide equal access and utility as the hard-copy records. h) Inspection records must include, at a minimum, the following: i) Control Measure Inspections: Inspection records must include at a minimum: 1) identification of the measures inspected, 2) date and time of the inspection, 3) name of the person performing the inspection, 4) indication of whether the measures were operating properly, 5) description of maintenance needs for the measure, 6) corrective actions taken (7) date of actions taken, as well as the date and amounts of rainfall received. ii) Stormwater Discharge Inspections: Inspection records must include at a minimum: 1) identification of the discharge outfall inspected, 2) date and time of the inspection, 3) name of the person performing the inspection, 4) evidence of indicators of stormwater pollution such as oil sheen, floating or suspended solids or discoloration, 5) indication of visible sediment leaving the site, 6) actions taken to correct/prevent sedimentation and 7) date of actions taken. iii) Visible Sedimentation Found Outside the Site Limits: Inspection records must include: 1) an explanation as to the actions taken to control future releases, 2) actions taken to clean up or stabilize the sediment that has left the site limits and 3) the date of actions taken. iv) Visible Sedimentation Found in Streams or Wetlands: All inspections should include evaluation of streams or wetlands onsite or offsite (where accessible) to determine if visible sedimentation has occurred. i) Visible Stream Turbidity - If the discharge from a site results in an increase in visible stream turbidity, inspection records must record that evidence and actions taken to reduce sediment contributions. Sites discharging to streams named on the state’s 303(d) list as impaired for sediment-related causes may be required to perform additional monitoring, inspections or Page 8 of 16 application of more-stringent management practices if it is determined that the additional requirements are needed to assure compliance with the federal or state impaired-waters conditions. If a discharge covered by this permit enters a stream segment that is listed on the Impaired Stream List for sediment-related causes, and a Total Maximum Daily Load (TMDL) has been prepared for those pollutants, the permittee must implement measures to ensure that the discharge of pollutants from the site is consistent with the assumptions and meets the requirements of the approved TMDL. The Division of Water Quality 303(d) list can be found at: http://h2o.enr.state.nc.us/tmdl/General_303d.htm/ 4.) Sediment Basins Sediment basins and traps shall meet the following requirements: a) Outlet structures shall be utilized that withdraw water from the surface. b) For basins or traps that have a drainage area of less than 1.0 acre, draw-down designs specified in the Division of Land Resources or delegated local program requirements are acceptable. c) Chemical treatment i) All treatment chemicals must be stored in leak-proof containers that are kept under storm-resistant cover or surrounded by secondary containment structures designed to protect adjacent surface waters. ii) All treatment chemicals must be used in accordance with dosing specifications and application rates provided by the manufacturer, supplier and as specified by the Division of Water Quality. iii) The Permittee must only use chemicals that have been approved by the NC Division of Water Quality and posted on their “North Carolina Division of Water Quality Approved PAMS/Flocculants List” found on their web site at: http://portal.ncdenr.org/web/wq/ws/su . iv) The Permittee must route stormwater treated with polymers, flocculants, or other treatment chemicals through sediment trapping, filtering, and/or settling devices(s) to ensure adequate removal of sediment flocculent prior to discharge to surface waters. d) Discharge requirement - Discharges must meet the statutory requirements of the Sediment Pollution Control Act and utilize the provisions of Section 6.74 of the Erosion and Sediment Control Planning and Design Manual to assure that buffers and vegetated areas will be used to reduce the potential for visible siltation outside of the 25% buffer zone nearest the land- disturbing activity. 5.) Discharges to Special or Threatened Waters a) Disturbed areas within one mile of and draining to waters where federally-listed threatened or endangered aquatic species are present shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. These projects shall also use control measures that are designed, installed and maintained in accordance with criteria set forth in 15A NCAC 04B .0124 – Design Standards in Sensitive Watersheds. The Division of Water Quality may require additional/alternative protection measures or require coverage under an individual Construction NPDES Stormwater permit. Other management practices may be acceptable if these designs are shown by the applicant, to the satisfaction of the Director, to provide equivalent protection. b) Construction activities in High Quality Waters Zones require quicker ground stabilization provisions as specified in Section II.B.2.b. of the permit. SECTION III FRAMEWORK OF PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater associated with construction activity including clearing, grading and excavation activities resulting in the disturbance of land and related support activities. Such discharges shall be controlled, limited and monitored as specified in this permit. Page 9 of 16 1) Continuation of Previously Permitted Projects - Projects and their corresponding activities permitted under the previous version of the NC general permit for construction activities will continue to be valid with the previous permit conditions and will be considered covered under this general permit. 2) Projects submitted prior to the effective date of the permit – Complete project applications that were received prior to the effective date of this permit, but not approved by the permitting authority until after approval of this NPDES permit, can rely on design and management practices effective at the time of application submittal. 3) Implementation of the Erosion and Sedimentation Control Plan (E&SC Plan): a) The Permittee must implement and follow the E&SC Plan, which has been approved by the Division of Land Resources or local delegated program.. The approved E&SC Plan is considered a condition of this general permit. b) Deviation from the approved E&SC Plan, or approved amendment, shall constitute a violation of the terms and conditions of this general permit except that deviation from the approved plan will be allowed: i) to correct an emergency situation where sediments are being discharged off the site, or, ii) when minor modifications have been made that result in an alteration or relocation of an erosion or sedimentation control measure and does not affect the ability of the measure to perform as intended. c) Allowed deviations must be noted on the approved E&SC Plan and maintained at the job site. d) Prior to the commencement of any land disturbance onsite, and during the construction activities, a copy of the approved E&SC Plan and this NPDES construction permit shall be maintained on the site. These documents must be kept current and up to date. 4) BMPs and Control Measures - Consistent with the provisions contained in this permit and the E&SC Plan, the permittee must select, install, implement and maintain best management practices (BMPs) and control measures that minimize pollutants in the discharge to meet the requirements of this permit. 5) Additional Action - If there is evidence indicating that the stormwater discharges from the site are impacting or have the potential to impact surface waters or wetlands, the Division of Water Quality may take appropriate actions including any or all of the following: a) take compliance and enforcement action; b) require the permittee to include and implement appropriate control and restoration measures; c) require the permittee to develop and implement additional site-specific stormwater pollution prevention measures; d) require the permittee to obtain an individual permit. 6) When an Individual Permit may be Required - The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or a general permit with additional conditions. Any interested person may petition the Director to require an individual permit pursuant to 15A NCAC 2H .0127. Cases where an individual permit may be required include, but are not limited to, the following: a) The receiving stream is of a unique quality and the standard conditions may not provide adequate protection; b) The discharger is a significant contributor of pollutants; c) Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit; Page 10 of 16 d) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e) The discharge violates the terms or conditions of this general permit; f) Effluent limitations are promulgated for the point sources covered by this general permit; g) A Water Quality Management Plan containing requirements applicable to such point sources is approved after the issuance of this general permit. 7) When an Individual Permit may be Requested - Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. SECTION IV OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1) Proper Operation and Maintenance - The permittee shall at all times properly operate and maintain all control measures and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. 2) Need to Halt or Reduce not a Defense - It shall not be a defense for a permittee in an enforcement action that it was necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 3) Bypassing of Stormwater Control Facilities a) Bypass Not Exceeding Limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation or as part of a planned action specified in the approved Erosion and Sedimentation Control Permit. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b) Notice i) Anticipated bypass - If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. ii) Unanticipated bypass - The permittee shall submit notice to the Division contact (See Section VIII.) within 24 hours of the occurrence of an unanticipated bypass. c) Prohibition of Bypass Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: i) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; ii) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and iii) The permittee submitted notices as required under Paragraph b. of this section. d) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph c. of this section. 4) Upsets a) Definition - “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, Page 11 of 16 inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. b) Effect of an Upset - An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c) Conditions Necessary for a Demonstration of Upset - A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: i) An upset occurred and that the permittee can identify the cause(s) of the upset; ii) The permitted facility was at the time being properly operated; iii) The permittee submitted notice of the upset as required in this general permit, and, iv) The permittee complied with any remedial measures required in this general permit. d) Burden of Proof - In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. 5) Inspection and Entry - The permittee shall allow the Director or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to: a) Enter upon the permittee’s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d) Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION V PERMIT ADMINISTRATION AND COMPLIANCE ISSUES 1) Time of compliance – Erosion and sedimentation control measures shall be maintained, and self- monitoring shall continue, after the completion of construction and development until the establishment of permanent ground cover sufficient to restrain erosion or until the financially responsible party has conveyed ownership or control of the tract of land for which the erosion and sedimentation control plan has been approved and the agency that approved the plan has been notified. If the financially responsible party has conveyed ownership or control of the tract of land for which the Erosion and Sedimentation Control Plan has been approved, the new owner or person in control shall conduct and document self-monitoring until the establishment of permanent ground cover sufficient to restrain erosion. Upon establishment of permanent ground cover sufficient to restrain erosion, the permittee shall request an inspection by the permitting authority to verify the adequacy of the ground cover. Coverage under the permit shall end when a Sedimentation Inspection Report is issued documenting the final stabilization of the site with adequate permanent ground cover. The signed Sedimentation Inspection Report shall serve as a notice of termination. 2) Operation efficiency - During construction and until the completion of construction or development and the establishment of permanent stabilization, the permittee shall provide the operation and maintenance necessary to operate the storm water control measures and all erosion and sedimentation control measures at optimum efficiency. 3) Corrective action - If inspections required by this permit identify a need for maintenance of control measures, modifications or additions to control measures, or corrective actions to control sediment Page 12 of 16 or other pollutants these actions must be performed as soon as possible and before the next storm event to maintain the effectiveness of the control measures. 4) Duty to Comply - The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. a) The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b) The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $27,000 per day for each violation. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statute 143- 215.6A]. d) Any person may be assessed an administrative penalty by the Administrator of the U.S. Environmental Protection Agency for violating section 301, 302, 306, 307, 308, 318 or 405 of the Clean Water Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. 5) Duty to Mitigate - The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit that has a reasonable likelihood of adversely affecting human health or the environment. Page 13 of 16 6) Civil and Criminal Liability - Except as provided in Section IV.3. of this permit regarding bypassing of stormwater control facilities, nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS l43-2l5.3, l43-2l5.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 7) Oil and Hazardous Substance Liability - Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS l43-2l5.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8) Property Rights - The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 9) Severability - The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. 10) Duty to Provide Information - The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 11) Signatory Requirements a) All applications, reports, or information submitted to the Director shall be signed and certified as follows: i) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. ii) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or iii) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b) All reports required by the general permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: i) The authorization is made in writing by a person described above; ii) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the Page 14 of 16 company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and iii) The written authorization is submitted to the Director. c) Any person signing a document under paragraphs a. or b. of this section shall make the following certification: “I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.” 12) Penalties for Tampering -The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $l0,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 13) General Permit Modification, Revocation and Reissuance, or Termination - The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. seq. 14) Availability of Reports - Except for data determined to be confidential under NCGS 143- 215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, discharge data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 15) Penalties for Falsification of Reports - The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $l0,000 per violation, or by imprisonment for not more than two years per violation, or by both. 16) Anticipated Noncompliance - The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity that may result in noncompliance with the general permit requirements. 17) Other Information - Where the permittee becomes aware that it failed to submit any relevant facts in any report to the Director, it shall promptly submit such facts or information. 18) Limitations Reopener - This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a) contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b) controls any pollutant not limited in the general permit. c) The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Page 15 of 16 SECTION VI DISCHARGE MONITORING AND TURBIDITY LIMITATIONS This General Permit does not include requirements for numeric limits for discharges from construction sites. However, the next reissuance of this North Carolina Construction General Permit (NCG 01) is scheduled for five years from the date of approval of this permit and will contain effluent limitations as required in Subpart B-Construction and Development Effluent Guidelines of Part 450 of the Code of Federal Regulations. SECTION VII DEFINITIONS 1) Act or “the Act” or CWA - The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 2) Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and management practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 3) Bypass - The intentional diversion of stormwater from any portion of a stormwater control facility. 4) Control Measures - Refers to any BMP or other structural or non-structural practices and procedures used to prevent or reduce the discharge of pollutants including practices to control erosion and sedimentation. 5) Director - The Director of the Division of Water Quality. 6) Division - The Division of Water Quality, Department of Environment, and Natural Resources. 7) EMC - The North Carolina Environmental Management Commission. 8) Erosion and Sedimentation Control Plan - A plan developed in compliance with the North Carolina Sedimentation Pollution Control Act of 1973 to prevent the erosion and deposition of sediment and other materials into the waters of the State from construction or other land- disturbing activities that disturb one or more acres of land. Each plan must be approved by the NC Sedimentation Control Commission or a program delegated by the Commission to a local government. 9) Ground cover - Any vegetative growth or other material which, when applied to the soil surface, renders the soil surface stable against accelerated erosion. 10) Normal Business Hours - These are generally considered to be between the hours of 6 a.m. and 6 p.m., or when workers are normally present on the construction site. Weekends and federal holidays are not considered normal business hours unless construction activities are taking place on the site during those times. 11) Permitting Authority - The permitting authority is the agency that issues the permit. The Division of Water Quality is the delegated NPDES permitting authority and issues this permit. However, some erosion and sedimentation control activities are performed by Division of Land Resources or the locally-delegated programs. Other activities may be shared by the two divisions and the local programs. The Land Quality Section of the Division of Land Resources and the Surface Water Protection Section of the Division of Water Quality maintain a Memorandum of Understanding that specifies specific roles of the two divisions and the local programs and will be used to assign specific control and oversight activities between the agencies. 12) Permanently Cease - When all or part of the land disturbing activity is complete and no additional alteration or disturbance of the land surface is planned prior to final stabilization. 13) Permanent Stabilization - When all soil disturbing activity is completed and exposed soils have been stabilized with a vegetative cover with a density of at least 80% or covered with a structural stabilization method. Permanent perennial vegetation may include the use of sod, shrubs and ground cover plants mixed with mulching, aggregate or other landscaping techniques. Structural methods include concrete, asphalt, retaining wall or other stabilization techniques. Page 16 of 16 14) Permittee -The person, firm or organizational entity that signed as the financially responsible party on the Erosion and Sedimentation Control Plan. 15) Point Source Discharge - Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, discrete fissure, or container from which pollutants are or may be discharged to waters of the state. 16) Soil Stabilization - The use of vegetative, physical or chemical coverage techniques that will restrain accelerated erosion on disturbed soils for temporary or permanent control needs. 17) Stormwater Pollution Prevention Plan (SWPPP) – The elements of the State’s stormwater pollution prevention program that provide the technology-based requirements designed to protect the state’s waters from the adverse impacts of sediments. In North Carolina, the combination of the NCG01 Construction General and the Erosion and Sedimentation Control Plan are considered the SWPPP. It should be noted that on sites that involve multiple or complex sources of pollution, the Division may require additional control measures as needed to assure that water quality is protected and these additional measures will also be considered part of the SWPPP. 18) Temporarily Cease - When all or part of the site that is and will remain un-worked for a period of days but where site land disturbing activity is not complete and additional land disturbing activity is planned. 19) Temporary Stabilization – When the establishment of ground cover over all disturbed areas (such as mulching, rolled erosion control products, vegetation, or other material) renders the surface stable against accelerated erosion. Stabilization shall be achieved with the establishment of a uniform and evenly-distributed (i.e., without large bare areas) ground cover with a cover density of at least 80%. 20) Severe property damage – Substantial physical damage to property, damage to the control measures that cause them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. SECTION VIII N.C. DIVISION OF WATER QUALITY CONTACTS Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 828-296-4500 FAX 828-299-7043 Fayetteville Regional Office Systel Building, 225 Green St., Suite 714 Fayetteville, NC 28301-5094 910-433-3300 FAX 910-486-0707 Mooresville Regional Office 610 East Center Ave. Mooresville, NC 28115 704-663-1699 FAX 704-663-6040 Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 336-771-5000 FAX 336-771-4630 Washington Regional Office 943 Washington Square Mall Washington, NC 27889 252-946-6481 FAX 252-975-3716 Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 910-796-7215 FAX 910-350-2004 Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 919-791-4200 FAX 919-571-4718 Raleigh Regional Office Mail to: 1628 Mail Service Center Raleigh, NC 27699-1628 APPENDIX II NCDEQ DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LETTER OF APPROVAL PERMIT NO. FRANK-2018-028 REVISED FRO TO A&D ENVIRONMENTAL SERVICES, LLC APPENDIX III SAFETY, HEALTH AND EMERGENCY RESPONSE PLAN Site Specific Safety, Health and Emergency Response Plan J.H. Winston Dump Remediation Project Long Mill Road Youngsville, Franklin County, North Carolina Site Identification Number NONCD0000311 June 22, 2018 Prepared by: Written by: Jeff Albano, Project Manager Safety, Health and Emergency Response Plan Page 2 of 45 TABLE OF CONTENTS Section I Introduction and Entry Requirements Daily Site Safety Meetings Site Safety Plan Acceptance Acknowledgement Training Requirements Medical Surveillance Requirements Fit Testing Requirements Site Orientation Training Section II Project Background Section III Project Management and Key Personnel A&D Environmental Project Team Project Manager Project Supervisor EHS Representatives Field Crew Members Section IV Personal Protective Equipment Task-Specific Levels of Protection Site Respiratory Protection Program Description of Levels of Protection Section V Project and Site Hazards Chemical Hazards Chemicals of Concern Quick Reference Physical Hazards Environmental Hazards Biological Hazards Section VI Task Hazard Analysis and Identification Section VII Air Monitoring Plan Monitoring Equipment by Specific Task Safety, Health and Emergency Response Plan Page 3 of 45 Section VIII Site Control Support Zone Contamination Reduction Zone Exclusion Zone Buddy System Visitors Site Security Site Maps Site Communications Site Inspections Traffic Control Sanitary Facilities Lighting Requirements Section IX Decontamination Personnel Decontamination Equipment Decontamination Section X Contingency Plan Emergency Communication Equipment and Alarms Emergency Response Action Procedures Emergency Equipment Emergency Telephone Numbers Directions to Hospital Section XI Project Health and Safety Plan Review and Documentation Appendix A Safety Plan Acknowledgement Forms Safety, Health and Emergency Response Plan Page 4 of 45 SECTION I – Introduction and Entry Requirements This document presents a Site-Specific Safety, Health and Emergency Response Plan (SHERP) developed by A&D Environmental Services (A&D Environmental), specifically for this project which involves the temporary installation of erosion control measures, removal of municipal solid waste and asbestos containing materials, and the stabilization of excavation areas at the following location: JH Winston Landfill Remediation Project Youngsville, Franklin Co, NC This SHERP has been developed to identify anticipated job-related hazards and to assess the means for their elimination or control as necessary for the protection of human health and the environment. The procedures and guidelines contained herein were based upon information available at the time of the SHERP preparation. Specific requirements may be revised if new information is received or conditions change. A written amendment will document all changes made to the plan. Any amendments to this plan will be included as attachments. Where appropriate, specific OSHA, USEPA, USDOT, State, and Local regulations or other guidance will be cited and applied. Daily Site Safety Meetings Daily “Tailgate Safety Briefings” will be held at the start of each shift to ensure all personnel understand current site conditions and the operations to be conducted each day. These meetings will cover any operational issues or abnormalities in operation during the prior shift. Additionally, these daily site safety meetings will be used to ensure that personnel understand the specified use of personal protective equipment (PPE), air monitoring equipment, tools, chemicals, etc., for this project as well as to address general site health and safety concerns. Any amendments to the SHERP will also be reviewed at these meetings. Safety, Health and Emergency Response Plan Acknowledgement The Project Superintendent will be responsible for informing all A&D personnel and subcontractors of the contents of this plan and ensuring that each person working for A&D Environmental signs the Safety, Health and Emergency Response Plan Acknowledgement Form. The A&D Project Superintendent and A&D Site Supervisors will be held responsible for the implementation and compliance with the requirements of this Site Specific SHERP and any other Health, Safety and Environmental requirements of the site, the consultant and/or the site owner. Safety, Health and Emergency Response Plan Page 5 of 45 By signing the Safety, Health and Emergency Response Plan Acknowledgement Form, (see Appendix to this Plan) these individuals are responsible for recognizing the hazards present on-site and understanding the means specified for the elimination or control of these hazards for the protection of human health and the environment. Additionally, there is no tolerance for violations of health, safety or environmental requirements. As such, violations of any of these requirements (even first time violations) may result in removal from the project site for the duration of the project. Training Requirements All personnel directly working on the site, due to the nature of the materials, must have completed training requirements in accordance with OSHA 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response). Additional training requirements may also include 29 CFR 1910.146 (Confined Space Entry), 29 CFR 1910.132 (PPE), and 29 CFR 1910.134 (Respiratory Protection). Documentation of training requirements is the responsibility of each employer. Employees will be trained in Asbestos Awareness and Lead Awareness prior to the start of the project. Medical Surveillance Requirements All personnel working on the site must have completed appropriate medical monitoring requirements under OSHA 29 CFR 1910.120(f). Documentation of medical monitoring is the responsibility of each employer. All personnel must also be determined fit to wear a respirator by a licensed health care professional (LHCP) prior to respirator use and fit testing. If there are additional medical monitoring requirements for this site, evidence of compliance must also be included. Fit Testing Requirements All personnel working on the site and using a full-face negative pressure respirator must have successfully passed a quantitative respirator fit test in accordance with OSHA 29 CFR 1910.134 for a tight-fitting respirator. When a fit factor of 100 or greater is required for an air-purifying respirator, quantitative fit testing shall be performed. Fit testing shall be performed in accordance with OSHA standards within the last 12 months. Documentation of fit testing is the responsibility of each employer. Therefore, subcontractors, oversight personnel, and other persons requesting access to a controlled work zone must provide evidence of fit testing prior to site entry. Safety, Health and Emergency Response Plan Page 6 of 45 Site Orientation Training All personnel working on the site shall attend a brief site orientation that includes a review of this SHERP, including site-specific safety rules and requirements and the safe management of any hazardous materials on-site. Personnel accessing the site strictly for deliveries or administrative purposes shall not be required to attend this training. Training Documentation Training documents including, but not limited to, the following will be maintained at the job site at all times:  Equipment operator competency/training for each piece of equipment to be used at the site;  Original 40-Hour OSHA HAZWOPER certificate;  Last 8-hour OSHA HAZWOPER refresher certificate (less than one year old);  Competent Person Certification for Excavation Activity (1926 Subpart P);  Most recent Medical Clearance, if required (less than one year old);  Most recent Respirator Fit Test, if required (less than one year old); and,  Documentation of Site Specific Orientation Safety, Health and Emergency Response Plan Page 7 of 45 SECTION II – Project Background Project Name: JH Winston Landfill Remediation Project Site Identification Number NONCD0000311 A&D Project Number: 1122 Site Location: Approximately 1819 Long Mill Rd Youngsville, Franklin County, NC Project Contacts: Benjamin Whitley (919) 828-3441 – F&R Geoffrey Chrostowski (919) 630-3330 – F&R Jeff Delawder (336) 240-2527 - A&D Environmental Jeff Albano (336) 804-0824 - A&D Environmental Dale Carpenter (678) 296-1268 - A&D Environmental Project Objectives: Excavate, stockpile, load, and dispose MSW and ACM In addition to handling the waste materials, there will be several standard construction related activities conducted at the site. Project Background: The project site is a unlined “dump” where MSW and general construction debris was disposed by the public Site Type: Inactive Non-Industrial Landfill in wooded area Site Description and Features: Site is a former non-industrial landfill located in a wooded area located behind several residences and an elementary school. Site work includes minor timbering, clearing, grading, erosion/sedimentation control, stormwater control, excavation, and transportation and disposal of MSW and ACM material. Anticipated Weather: X Clear X Hot X Rain X Overcast  Cold  Snow X Fog  Sleet  Other: Safety, Health and Emergency Response Plan Page 8 of 45 It is the objective of A&D Environmental to perform these operations in a safe and efficient manner and in accordance with A&D Environmental Standard Operating Procedures (SOP) and all applicable regulations found in 29 CFR 1910.120 and 29 CFR 1926 regulating Hazardous Waste Operations and General Construction, respectively. Safety, Health and Emergency Response Plan Page 9 of 45 SECTION III – Project Management and Key Personnel A&D Environmental Project Team The A&D Environmental personnel listed have completed the training, medical, respiratory, and PPE requirements of A&D as required under OSHA 1910 and 1926. Name Title/ Responsibilities Onsite (?) Dale Carpenter Project Director Not continuously Jeff Albano Project Manager Partial Paul Butsavage VP, EHS and HR Not continuously Jonathan Kavanagh EHS Coordinator Not continuously Jeff Delawder Site Supervisor/Equipment Operator Yes Terry Finnel Equipment Operator Yes TBD Environmental Technician Yes TBD Environmental Technician Yes TBD Environmental Technician Yes TBD Environmental Technician Yes TBD Environmental Technician Yes Froehling & Robertson, Inc Site Representatives The following F&R representative(s) are anticipated to be either on site or available by telephone during the duration of the project: Name Title/ Function Contact Number Benjamin Whitley/ F&R Project Manager 919-630-5661 Geoffrey Chrostowski/ F&R Environmental Scientist/Oversight 919-630-3330 Safety, Health and Emergency Response Plan Page 10 of 45 A&D Environmental Field Personnel The A&D Environmental team members may consist of any combination of the following personnel:  Project Managers,  Project Supervisors,  Equipment drivers/operators, and,  Environmental technicians. As a minimum requirement, it is the responsibility of every A&D team member to be responsible for the following safety related items:  Safely complete the tasks required to fulfill work plan.  Comply with this Site Specific SHERP.  Notify Site Safety Officer of any unsafe conditions.  Utilize their full authority to invoke Stop Work, for any unsafe or questionable actions without fear of reprisal. Safety, Health and Emergency Response Plan Page 11 of 45 SECTION IV – Personal Protective Equipment The levels of PPE shall be selected to provide protection from chemical hazards. Where the use of PPE presents a hazard of greater severity or likelihood of injury than that posed by the chemical hazard, the level of PPE shall be downgraded as appropriate. The Vice President EHS and HR will be consulted prior to any downgrade in the required PPE. This plan will address task specific lead monitoring to dictate the proper levels of PPE. Truck drivers will not wear respiratory protection on the road due to the inherent danger of driving with limited vision. Respiratory levels may be downgraded based on task specific monitoring results. Task-Specific Levels of Protection Task Description Type Primary Level Additional Information Site setup to include installation of support trailers, construction entrance, abandoning monitor wells. Non-intrusive Level D - modified General Level D protection – hard hats, safety glasses, steel toed boots, snake chaps, Class II hi-vis vests, leather palm gloves. Limit of disturbance surveys Non-intrusive Level D - modified General Level D protection – hard hats, safety glasses, steel toed boots, snake chaps, Class II hi-vis vests, leather palm gloves. Timbering operations to fell trees above the root line; no disturbance of subsurface environment Non-intrusive Level D - modified General Level D protection – hard hats, safety glasses, steel toed boots, snake chaps, Class II hi-vis vests, cut resistant gloves (minimum ANSI A4). Install erosion and sedimentation structures, silt fence, begin clearing and grubbing in waste areas. Intrusive Level D - modified General Level D protection – hard hats, safety glasses, steel toed boots, snake chaps, Class II hi-vis vests, cut resistant gloves (minimum ANSI A4) - Impact resistant gloves when installing any stakes or using hammer. Excavate waste and sediment pond ENTRY INTO ANY EXCAVATION IS NOT PERMITTED ON THE JOB SITE WITHOUT THE EXPRESS PRIOR AUTHORIZATION BY THE SITE COMPETENT PERSON Intrusive Level D - modified General Level D protection – hard hats, safety glasses, steel toed boots, Class II hi-vis vests, leather palm gloves; cut resistant gloves (minimum ANSI A4) shall be worn when cutting materials (e.g. geotextile). Surveying activities during various phases Non-Intrusive Level D - modified General Level D protection – hard hats, safety glasses, steel toed boots, Class II hi-vis vests, leather palm gloves. Safety, Health and Emergency Response Plan Page 12 of 45 Break down site, cleanup, demobilize equipment and personnel Non- intrusive Level D General Level D protection – hard hats, safety glasses, steel toed boots, Class II hi-vis vests, leather palm gloves. Site Respiratory Protection Program Respiratory protective devices will be used for designated tasks at the outset of the project. Air monitoring will be performed to confirm airborne lead levels and assess the need to continue/discontinue the use of respiratory protection. Should monitoring or site conditions reveal the need to re-evaluate the level of respiratory protection, any decision to upgrade/downgrade respiratory protection must be approved by A&D’s Vice President of EHS and HR. The selection of respiratory protection levels is based upon the concentrations of known contaminants expected to be encountered during this operation. Where air-purifying respirators are used, cartridges shall be changed daily, regardless if the action levels are not exceeded during any part of the work shift. If worn during site inspections, administrative duties or other activities cartridges shall be changed at least daily. Cartridges shall also be changed when particulate filter resistance is experienced or the user notices any signs of breakthrough. In accordance with 29 CFR 1910.134, all respirator users shall be properly fit tested for the respirator being used. Safety, Health and Emergency Response Plan Page 13 of 45 Description of Levels of Protection In choosing chemical-resistant clothing, one must be able to distinguish between the different types of fabrics and styles. Chemical compatibility must be considered before selection is made as to prevent permeation, degradation, and penetration of the chemical protective clothing. Use of chemical protective clothing exacerbates the potential for heat stress. Attempts will be made to minimize physical exertion and manual labor and/or provide for engineering controls. Nevertheless, some necessary tasks may increase the worker’s metabolic heat load and thus increase the potential for heat stress. The Project Manager/ Supervisor will observe environmental conditions and worker symptoms for indications of heat stress. If heat stress becomes a concern, work practices and controls will be adjusted accordingly and/or work shifts adjusted to allow for work in cooler parts of the day. As appropriate, adjustments in personal protective equipment requirements will also be considered, but MUST be approved by the A&D’s Vice President of EHS and HR. It is anticipated that no PPE more than Level C will be required for this project; A&D has chosen to list all levels of PPE in the remote event that situations dictate an upgrade. Level A PPE Level A provides the highest available level of respiratory, skin, and eye protection and should be used when:  The chemical substance has been identified and requires the highest level of protection for skin, eyes, and the respiratory system based on either the measured (or potential for) high concentration of atmospheric vapors, gases, or particulate.  The site operations and work functions involving a high potential for splash, immersion, or exposure to unexpected vapors, gases, or particulate of materials that are harmful to skin or capable of being absorbed through the intact skin.  Substances with a high degree of hazard to the skin are known or suspected to be present, and skin contact is possible.  Operations must be conducted in confined, poorly ventilated areas until the absence of conditions requiring Level A protection is determined. Limiting Criteria – The material of the fully encapsulating suit must be compatible with the hazardous substances involved. One must also look at the increased heat stress and reduced visibility/ movement associated with such suits. Safety, Health and Emergency Response Plan Page 14 of 45 Level B PPE Level B provides the same level of respiratory protection but less skin protection than Level A. It is minimum level recommended for initial site entries until the hazards have been further identified. This level of protection should be used when:  The type and atmospheric concentration of substances have been identified and require a high level of respiratory protection, but less skin protection. This involves atmospheres with IDLH concentrations of specific substances that do not represent a severe skin hazard or that do not meet the criteria for use of air- purifying respirators.  The atmosphere contains less than 19.5 percent oxygen.  The presence of incompletely identified vapors or gases is indicated by a direct- reading organic vapor detection instrument, but the vapors and gases are known not to contain high levels of chemicals harmful to skin or capable of being absorbed through the intact skin.  Modified Level B increases skin protection by adding a second suit, such as a Tyvek® or CPF I, underneath the primary suit. This level is often used when only dry decontamination methods are available. Reference to Section VI Task Hazard Analysis and Certification for specific PPE requirements for each task. Limiting Criteria: This level should be used only when the vapor or gases present are not suspected of containing high concentrations of chemicals that are harmful to skin or capable of being absorbed through the intact skin. Also, use this level of protection only when it is highly unlikely that the work being done will generate either high concentrations of vapors, gases, or particulate or splashes of material that will affect exposed skin. Increased heat stress and reduced visibility needs to be considered when using this level. Level C PPE Level C provides the same level of skin protection as Level B, but a lower level of respiratory protection. Level C shall be used in areas where pesticides and other contaminants may exceed the OSHA PEL or ACGIH-TLV in atmospheres where air- purifying respirators are acceptable. This level of protection shall only be used when:  The atmospheric contaminants, liquid splashes, or other direct contact will not adversely affect or be absorbed through any exposed skin.  The types of air contaminants have been identified, concentrations measured, and an air purifying respirator cartridge is available that can remove the contaminants.  All criteria for the use of air-purifying respirators are met.  Modified Level C increases skin protection by adding a second suit, such as a Tyvek® or CPF I, underneath the primary suit. This level is often used when only Safety, Health and Emergency Response Plan Page 15 of 45 dry decontamination methods are available. Reference Section 5.4 Hazardous Analysis Certification Section for specific PPE requirements for each task. Limiting Criteria – Atmospheric concentration of chemicals must not exceed IDLH levels. The atmosphere must also contain at least 19.5 percent oxygen. Level D PPE Level D provides no protection for respiratory and minimal skin protection. Level D will only be used in administrative and break areas. This level of protection should be used when:  The atmosphere contains no known hazard.  Work functions preclude splashes, immersion, or the potential for unexpected inhalation of or contact with hazardous levels of any chemical.  Modified Level D should be used when no atmospheric hazards exist but potential for dermal exposure or elevated levels of nuisance dust is expected or encountered. Modified Level D PPE Modified Level D increases skin protection with the addition of a single chemical-resistant suit, chemical resistant inner and outer gloves, and chemical-resistant steel toe boots as well as a face shield equipped hard hat. This level is often used when only dry decontamination methods are available. Modified Level D may be used in areas where contaminants may be found on surfaces that may be contacted by workers, but NOT where aerosols, mists or other respiratory hazards exist other than nuisance dusts where N-95 particulate removing masks may be utilized. Safety, Health and Emergency Response Plan Page 16 of 45 SECTION V – Project and Site Hazards Constituents and Chemicals of Concern Profile Based on the available information and extensive site investigation, the highest potential for chemical exposure will be during the soil remediation phase of the project. Specific compounds and pertinent information on each are contained in the Chemicals of Concern Quick Reference table below. Inhalation, ingestion, absorption, and injection exposure routes will be controlled through proper use of PPE. Assessment of the potential for contact with contaminants will be used to guide selection of appropriate PPE. The primary source of direct contact with site chemicals expected is from airborne dust and mists. Chemicals of Concern Quick Reference Compound Exposure Limit (TLV- TWA) IDLH Concentration Additional Information Asbestos** 0.1 f/cc See note below** TLV: Threshold Limit Value. TWA: Time-weighted average (8-hour day) IDLH: Immediately Dangerous to Life and Health NOTE: TLV-TWAs should be used as a guide in the control of health hazards and not as fine lines between safe and dangerous concentrations. ** Note: Since the excavation activities have the potential of unearthing non-friable asbestos- containing building materials (ACBM), A&D will have a certified asbestos inspector on-site during all excavation activities to identify possible ACBM. If suspect ACBM is encountered, excavation work will cease in that area until the material is identified and handling in accordance with the Asbestos Management Plan submitted as a separate submittal for this project. Based on past air monitoring performed by A&D on similar projects, we do not anticipate the need to upgrade respiratory protection to Level C. However, the action level we will use to initiate an upgrade to Level C respiratory protection will be any personal air sample results greater than 50% of the Exposure Limits listed above. Safety, Health and Emergency Response Plan Page 17 of 45 Physical Hazards The following paragraphs describe some of the hazards and appropriate control methods. Slip, Trip, and Fall – Trip hazards will be removed, marked, or guarded. Good housekeeping will be maintained at the work site to decrease or eliminate risk of injury. Extreme caution shall be used when working on or around slippery surfaces. Use of disposable boot covers is prohibited when working on slick surfaces. All necessary precautions will be taken to prevent personnel from injuries caused by slick surfaces. Any openings in the ground that cannot be eliminated shall be covered. Back Strain – Proper lifting techniques shall be used when handling heavy or bulky loads. Personnel shall lift with the legs; keeping backs straight and loads close to their bodies. Avoid twisting at the waist during lifting or while carrying a load. Personnel shall receive help from others when loads appear to be too heavy. Mechanical means of lifting is the preferred method and should be used whenever possible. Overhead Hazards – Hazards will be removed, marked, or guarded. Hardhats shall be worn always within the working areas of the site. Proper clearance from overhead utilities must always be maintained. Equipment shall not deviate from established travel ways or work areas where clearances are unknown or insufficient. Heavy Equipment – Daily inspections of heavy lifting equipment will be conducted to insure all safety and operation mechanisms are in place and working properly (i.e., backup alarm, fire extinguisher, brakes, controls, etc.). This inspection will be documented and kept on file for review. Ground personnel shall communicate with the fork-truck operator before entering or leaving that operator’s work area. The travel radius of any piece of equipment must be established and at no time are ground personnel to enter that area when the equipment is in operation. Only qualified personnel will be allowed to operate equipment. Confined Space – Although confined spaces should not be encountered as a matter of routine during this project as it is understood that no persons will be entering the excavation, all involved personnel shall review and use A&D Environmental procedures for air monitoring, training, permitting, rescue, and PPE for confined spaces present at work site. No personnel will enter a confined space until all criteria as stated by the A&D Environmental Confined Space Entry procedures are met. Noise – Personnel exposed to noise levels over 85 dBA will be required to wear approved hearing protection provided by A&D Environmental in accordance with 29 CFR 1910.52. Bulk Fuel Storage Areas –Bulk storage containers used for flammable liquids must be properly grounded and bonded. Flammable–No Smoking signs will be placed at the area so that they are clearly visible. Areas that are designated as a bulk fuel storage area must can retain 110% of the largest tank inside that area. A dedicated fire extinguisher (20-lb. ABC or equivalent) must be located between 25 and 75 feet of the storage area as referenced in 29 CFR 1910.106. Safety, Health and Emergency Response Plan Page 18 of 45 Small Quantity Flammable/ Combustible Materials – Small quantities of flammable/ combustible materials shall be stored in “safety” cans with appropriate flame arrestors, self-closing lids, and labeled per their contents. Gasoline is allowed only in 5-gallon safety cans. Traffic Control - A&D shall provide for traffic control by establishing traffic barriers, signs, and/or warning signs as required to control traffic flow into, out of, and within the work area. The safety of the surrounding operations and properties are of paramount concern; all operations shall be conducted to lessen any impact to commerce or quality of life for the surrounding population regarding heavy vehicular operation. Injuries to Feet and Lower Extremities – All employees will wear steel toe boots with metatarsal protection (meeting ANSI Z41 and ASTM Class 75). In addition, due to the presence of snakes (including poisonous species), all site workers will also be required to wear snake chaps (minimum knee length) while working on the site. Environmental Hazards This project will be conducted during the late summer, fall and winter seasons exposing our personnel to the physical hazards of heat and cold conditions, physical exacerbation posed to the human body while wearing PPE personnel will have the potential to be affected by the climatic extremes of both heat and cold. Because of these conditions, operating procedures were developed so that the hazards associated with these temperature extremes on the body can be recognized and avoided. The type of protective ensembles (permeable and non-permeable) used on the project is also taken in account when dealing with heat/cold stress conditions. Heat/Cold stress standard operating procedures should be reviewed and followed. All personnel at the site will be required to drink plenty of water, take breaks in environmentally controlled areas as needed, monitor one another for the symptoms of heat-and-cold related injury and illness, and demonstrate their ability to respond to heat- related disorders. Additionally, administrative controls may also be required. Signs and symptoms of heat-related injury/illness are incorporated into the A&D Environmental procedure. Personnel operating in impermeable PPE will be interviewed and/ or physiologically monitored to assess the effects of heat on the body and reevaluate current protocols as necessary. Heat Stress When the body is unable to cool itself by sweating while wearing PPE, several heat- induced illnesses such as heat stress or heat exhaustion and the more severe heat stroke can occur, and can result in death. Safety, Health and Emergency Response Plan Page 19 of 45 Factors Leading to Heat Stress High temperature and humidity; direct sun or heat; limited air movement; physical exertion; poor physical condition; some medicines; and inadequate tolerance for hot workplaces. Symptoms of Heat Exhaustion  Headaches, dizziness, lightheadedness or fainting.  Weakness and moist skin.  Mood changes such as irritability or confusion.  Upset stomach or vomiting. Symptoms of Heat Stroke  Dry, hot skin with no sweating.  Mental confusion or losing consciousness.  Seizures or convulsions. Preventing Heat Stress  No signs/symptoms of heat-related illnesses; monitor yourself and coworkers.  Block out direct sun or other heat sources.  Use cooling fans/air-conditioning; rest regularly.  Drink lots of water; about 1 cup every 15 minutes.  Wear lightweight, light colored, loose-fitting clothes.  Avoid alcohol, caffeinated drinks, or heavy meals. What to Do for Heat-Related Illness  Call 911 (or local emergency number) at once. While waiting for help to arrive:  Move the worker to a cool, shaded area.  Loosen or remove heavy clothing.  Provide cool drinking water.  Fan and mist the person with water Safety, Health and Emergency Response Plan Page 20 of 45 The following general precautions should be taken to avoid Heat Stress:  Training in the prevention and recognition of heat stress symptoms  Encourage proper physical fitness and diet in employees  Maintain fluid intake (prevent dehydration)  Administratively modify the work/rest schedule to incorporate more frequent breaks (i.e. 15-minute break per hour worked) based ambient temperature and humidity  Use of the buddy system  Availability of shaded and cooled rest areas and personal cooling devices Cold Stress When most people think of hypothermia, they think of frigid temperatures or blizzard-like conditions. Hypothermia occurs most often in the spring and fall, rather than winter. Four factors contribute to cold stress: cold temperatures, high or cold wind, dampness and cold water. A cold environment forces the body to work harder to maintain its temperature. Cold air, water, and snow all draw heat from the body. Wind chill is the combination of air temperature and wind speed. For example, when the air temperature is 40°F, and the wind speed is 35 mph, your exposed skin receives conditions equivalent to the air temperature being 11° F. So, while it is obvious that below freezing conditions combined with inadequate clothing could bring about cold stress, it is important to understand that it can also be brought about by temperatures in the 50's coupled with some rain and wind. How your body reacts to cold conditions When in a cold environment, most of your body's energy is used to keep your internal temperature warm. Over time, your body will begin to shift blood flow from your extremities (hands, feet, arms, and legs) and outer skin to the core (chest and abdomen). This allows exposed skin and the extremities to cool rapidly and increases the risk of frostbite and hypothermia. Combine this with cold water, and trench foot may also be a problem. Hypothermia Hypothermia means "low heat" and is a potentially serious health condition. This occurs when body heat is lost from being in a cold environment faster than it can be replaced. When the body temperature drops below the normal 98.6° F to around 95° F, the onset of symptoms normally begins. The person begins to shiver and stomp feet to generate heat. As the body temperature continues to fall, slurred speech, lack of coordination and memory loss develop and the person will stop shivering. Once the body temperature falls to around 85° F, the person may become unconscious, and at 78°, the person could die. Safety, Health and Emergency Response Plan Page 21 of 45 Who is at risk? Anyone working in a cold environment may be at risk for cold stress. However, older people may be at more risk than younger adults, since older people are not able to generate heat as quickly. Certain medications may prevent the body from generating heat normally. These include anti-depressants, sedatives, tranquilizers and some heart medications. Signs and symptoms: Mild hypothermia (98 - 90° F) o Shivering o Lack of coordination, stumbling, fumbling hands o Slurred speech o Memory loss o Pale, cold skin Moderate hypothermia (90 - 86° F) o Shivering stops o Unable to walk or stand o Confused and irrational Severe hypothermia (86 - 78° F) o Severe muscle stiffness o Very sleepy or unconscious o Ice cold skin o Death What to do: (Proper treatment depends on the severity of the hypothermia.) Mild hypothermia o move to warm area o stay active o remove wet clothes and replace with dry clothes or blankets, cover the head o drink warm (not hot) sugary drink Moderate hypothermia All the above, plus: o Call 911 for an ambulance o Cover all extremities completely o Place very warm objects, such as hot packs or water bottles on the victim's head, neck, chest and groin Severe hypothermia o Call 911 for an ambulance o Treat the victim very gently. o Do not attempt to re-warm the victim should receive treatment in a hospital Safety, Health and Emergency Response Plan Page 22 of 45 Frostbite Frostbite occurs when the skin freezes and loses water. In severe cases, amputation of the frostbitten area may be required. While frostbite usually occurs when the temperatures are 30° F or lower, wind chill factors can allow frostbite to occur in above freezing temperatures. Frostbite typically affects the extremities, particularly the feet and hands. Signs and symptoms Cold, tingling, stinging or aching feeling in the frostbitten area, followed by numbness. Skin color turns red, then purple, then white or very pale skin, cold to the touch, blisters in severe cases What to do: Call 911 Do not rub the area Wrap in soft cloth If help is delayed, immerse in warm, not hot, water Trench Foot Trench foot or immersion foot is caused by having feet immersed in cold water for long periods of time. It is similar to frostbite, but considered less severe. Signs and symptoms: Tingling, itching or burning sensation Blisters What to do: Soak feet in warm water, then wrap with dry cloth bandages Drink a warm, sugary drink Ensure that all members of the crew follow these simple guidelines to prevent the aforementioned Cold Stress Disorders:  Training in the prevention and recognition of cold stress symptoms  Encourage proper physical fitness and diet in employees  Dressing in layers to protect exposed skin and provide insulation  Use of cotton or other absorbent materials to absorb sweat and maintain body warmth when wearing protective ensembles  Utilize dry, insulated work gloves, liners for both hard-hats and work boots.  Maintain fluid intake (prevent dehydration) Safety, Health and Emergency Response Plan Page 23 of 45  Modify, as needed, the anticipated work rate  Drink warm fluids occasionally, but avoid stimulants such as coffee or tea.  Use of the buddy system  Availability of heated rest areas Severe Weather During severe weather, any out-of-doors site operations will be stopped under the following conditions:  If you hear thunder, lightning is close enough to strike you. Stop what you’re doing and seek safety in a substantial building. If a substantial building is not available, a metal-topped vehicle with the windows up is your next best choice. Per the National Weather Service, a thunder storm is considered "as ended" when there has been no sounding of thunder, or sighting of lightning within the last 15 minutes and the sky is no longer dark and "threatening". Work should be halted until a minimum of 30 minutes following the last observed lightning strike or sound of thunder.  Heavy precipitation that affects visibility, mobility, or the overall conditions in which equipment and personnel can operate safely. In evaluating the time when it is safe for crews to resume work, the Project Manager/ Site Manager will determine if operations can continue in a safe manner. The wait may be as long as 30 minutes to ensure that the foul weather has passed. The “all clear” signal will be given and personnel will return to work. Biological Hazards Rodents, snakes, stray animals, stinging or biting insects, poison ivy/ sumac/ oak are all environmental hazards that may be encountered during any other associated daily site operations. Site investigation shall be conducted to identify the hazards before work related activities commence. Once these observations are made, the information obtained can then be passed on to site personnel. Site-specific procedures shall then be instituted for the elimination, avoidance, or control of the biological hazard. TOXIC SNAKE AND INSECT BITES AND PLANTS Poisonous Snakebites Reactions from snakebite are aggravated by acute fear and anxiety. Other factors that affect the severity of local and general reaction from poisonous snakebite include: the amount of venom injected and the speed of absorption of venom into the victim's circulation; the size of the victim; protection from clothing, including shoes and gloves; quick antivenin therapy; and location of the bite. Safety, Health and Emergency Response Plan Page 24 of 45 First Aid Procedure The objective of first aid is to reduce the circulation of blood through the bite area, to delay absorption of venom, to prevent aggravation of the local wound, and to sustain respiration. The most important step is to get the snakebite victim to the hospital quickly. Meanwhile, take the following first aid measures: 1. Keep the victim from moving around. 2. Keep the victim as calm as possible and preferably in a lying position. 3. Immobilize the bitten extremity and keep it at or below heart level. If the victim can reach a hospital within 4 to 5 hours and if no symptoms develop, no further first aid measures need be applied. 4. If mild-to-moderate symptoms develop, apply a constricting band 2 to 4 inches above the bite, but not around a joint (the elbow, knee, wrist, or ankle) and not around the head, neck, or trunk. The band should be 3/4 to 1 1/2 inches wide, not thin like a rubber band. The band should be snug but loose enough for a finger to be slipped underneath. Watch out for swelling. Loosen the band if it becomes too tight, but do not remove it. Periodically check the pulse in the extremity beyond the bite to ensure that the blood flow has not stopped. Several other factors must be considered in cases of snakebite:  Shock. Keep the victim lying down and comfortable, and maintain his body temperature.  Breathing and heartbeat. If breathing stops, give mouth-to-mouth resuscitation. If breathing stops and there is no pulse, perform cardiopulmonary resuscitation (CPR) if you have been trained to do so.  Identifying the snake. If you can kill the snake without risk or delay, bring it to the hospital for identification, but exercise extreme caution in handling the snake.  Cleaning the bitten area. You may wash the bitten area with soap and water and blot it dry with sterile gauze. You may apply dressings and bandages, but only for a short period.  Medicine to relieve pain. Do not give the victim alcohol, sedatives, aspirin, or any medicine containing aspirin. Some painkillers, however, may be given. Consult a doctor or other medical personnel for specific medications that may be used.  Snakebite kits. Keep a kit accessible for all outings in primitive areas or areas known or suspected to snake infested. It is not recommended that cold compresses, ice, dry ice, chemical ice packs, spray refrigerants, or other methods of cold therapy be used in the first aid treatment of snakebite. Safety, Health and Emergency Response Plan Page 25 of 45 Poisonous Insect Bites SPIDERS Spiders in the United States are generally harmless, with two notable exceptions: the Black Widow spider (Latrodectus Mactans) and the Brown Recluse or violin spider (Lox Osceles Reclusa) are indigenous to the Southeast. The symptoms of a Black Widow spider bite are: slight local reaction, severe pain produced by nerve toxin, profuse sweating, nausea, painful cramps in abdominal muscles, and difficulty in breathing and speaking. Victims recover in almost all cases, but an occasional death is reported. Symptoms are relatively similar for bites from the Brown Recluse. Field personnel should exercise caution when lifting covers off manholes, sumps, etc., since Black Widow and Brown Recluse spiders can typically be found in these areas. General First Aid for Poisonous Insect Bites: 1. Minor Bites and Stings  Cold applications.  Soothing lotions, such as calamine. 2. Severe Reactions  Give artificial respiration if indicated.  Apply a constricting band above the injection site on the victim's arm or leg (between the site and the heart). Do not apply tightly. You should be able to slip your index finger under the band when it is in place.  Keep the affected part down, below the level of the victim's heart.  If medical care is readily available, leave the band in place; otherwise, remove it after 30 minutes.  Apply ice contained in a towel or plastic bag, or cold cloths, to the site of the sting or bite.  Give home medicine, such as aspirin, for pain.  If the victim has a history of allergic reactions to insect bites or is subject to attacks of hay fever or asthma, or if he or she is not promptly relieved of symptoms, call a physician or take the victim immediately to the nearest location where medical treatment is available. In a highly sensitive person, do not wait for symptoms to appear, since delay can be fatal.  In case of a bee sting, remove and discard the stinging apparatus and venom sac. Safety, Health and Emergency Response Plan Page 26 of 45 Tickborne Diseases LYME DISEASE Lyme disease is an illness caused by a bacterium which may be transmitted by the bite of a tick (Ixodes Dammini), commonly referred to as the "Deer Tick". The tick is about the size of a sesame seed, as distinguished from the Dog Tick, which is significantly larger. The Deer Tick is principally found along the Atlantic coast, living in grassy and wooded areas, and feeds on mammals such as mice, shrews, birds, raccoons, opossums, deer, and humans. Not all ticks are infected with the bacterium, however. When an infected tick bites, the bacterium is passed into the bloodstream of the host, where it multiplies. The various stages and symptoms of the disease are well recognized and, if detected early, can be treated with antibiotics. Removal of ticks is best accomplished using small tweezers. Do not squeeze the tick's body. Grasp it where the mouth parts enter the skin and tug gently, but not firmly, until it releases its hold on the skin. Save the tick in a jar labeled with the date, body location of the bite, and the place where it may have been acquired. Wipe the bite thoroughly with an antiseptic and seek medical attention as soon as possible. The illness typically occurs in the summer and is characterized by a slowly expanding red rash, which develops a few days to a few weeks after the bite of an infected tick. This may be accompanied by flu-like symptoms along with headache, stiff neck, fever, muscle aches, and/or general malaise. At this stage treatment by a physician is usually effective; but, if left alone, these early symptoms may disappear and more serious problems may follow. The most common late symptom of the untreated disease is arthritis. Other problems which may occur include meningitis and neurological and cardiac abnormalities. It is important to note that some people do not get the characteristic rash but progress directly to the later manifestations. Treatment of later symptoms is more difficult than early symptoms and is not always successful. When in an area suspected of harboring ticks (grassy, bushy, or woodland area) the following precautions can minimize the chances of being bitten by a tick: 1. Wear long pants and long-sleeved shirts that fit tightly at the ankles and wrists. 2. Wear light colored clothing so ticks can be easily spotted. 3. Wearing tick repellents may be useful. 4. Inspect clothing frequently while in tick habitat. 5. Inspect your head and body thoroughly when you return from the field. 6. Remove any attached ticks by tugging with tweezers where the tick's mouth parts enter the skin. Do not squeeze or crush it. Safety, Health and Emergency Response Plan Page 27 of 45 ROCKY MOUNTAIN SPOTTED FEVER In the eastern and southern United States this tickborne disease is transmitted by the infected Dog Tick (Dermacentor Variabilis). It is important to note that the Dog Tick is significantly larger than the Deer Tick. Nearly all cases of infection occur in the spring and summer, generally several days after exposure to infected ticks. The onset of illness is abrupt and often accompanied by high fever, headache, chills, and severe weakness. After the fourth day of fever, victims develop a spotted pink rash that usually starts on the hands and feet and gradually extends to most of the body. As with Lyme disease, early detection and treatment significantly reduces the severity of illness. The disease responds to antibiotic therapy with tetracycline or chloramphenicol. Poisonous Plants Characteristic Reactions Most skin reactions following contact with offending plants is allergic in nature and are characterized by general symptoms of headache and fever, itching, redness, and a rash. Some of the most common and most severe allergic reactions result from contact with plants of the Poison Ivy group including Poison Oak and Poison Sumac. The most distinctive features of poison ivy and Poison Oak are their leaves, which are composed of three leaflets each. Both plants also have greenish-white flowers and berries that grow in clusters. Such plants produce a severe rash characterized by redness, blisters, swelling, and intense burning and itching. The victim can also develop a high fever and become very ill. Ordinarily, the rash begins within a few hours after exposure, but it may be delayed for 24 to 48 hours. First Aid Procedure 1. Remove contaminated clothing. 2. Wash all exposed areas thoroughly with soap and water, followed by rubbing alcohol. 3. Apply calamine or other soothing skin lotion if the rash is mild. 4. Seek medical advice if a severe reaction occurs, or if there is a known history of previous sensitivity. Safety, Health and Emergency Response Plan Page 28 of 45 SECTION VI – Task Hazard Analysis and Identification Task Descriptions: Mobilization, site preparation, clearing, relocating waste, installation erosion control measures. Hazard Analysis Conducted By: P. Butsavage & J. Albano Date Conducted: 08 June 2018 Physical Hazard Identification: X Physical Exertion Fire Hazards Overhead Hazards Poisonous Animals Oxygen Deficient X Vehicle Traffic Grinding High Noise (>85 dBA) X Heat Stress X Lifting Hazards X Excavation Electrical Pressurized Containers Hot Work X Flying Debris Poisonous Plants X Cold Stress X Slip/ Trip/ Fall Confined Spaces X Hand/ Power Tools Explosive Glare/ Light Hazards X Pinch/ Grab/ Roll X Heavy Equipment Puncture/ Laceration Visibility Splash Hazards X Biological Hazards X Other: Snakes, Ticks, Spiders, Poisonous Plants, Chemical Hazard Identification:  Corrosive  Radioactive  Flammable Combustible Volatile  Oxidizer  Inert  Biological  Non-Hazardous  Toxic-Allergic Rx  Reactive  Silica Dust Other: Primary Level Contingency Level PPE Level Level D Level C – respiratory protection as described below Respiratory Protection Level D – no respiratory protection anticipated Level C – if air monitoring indicates elevated levels of airborne contaminants Cartridge Type If required HEPA – P100 Protective Clothing Standard clothing – long pants, T-shirts, Tyvek suits to limit dermal contact with soils Tychem 2000 QC for dermal protection when handing leachate Gloves Leather palm for materials handling Nitrile (15 mil min) when any contact with leachate is expected ANSI Level A4 cut resistant gloves if using utility knife or handling sharp edged materials. Impact resistant gloves when installing any stakes or using hammer. Head/Face/Eye Protection/ Hearing Protection Hard Hat, safety glasses, face shield for leachate/liquid splashing, ear plugs as required, None Foot/ Leg Protection Steel toed boots for construction activities (ASTM Class 75); snake chaps until all clearing and grubbing operations are complete None Additional Information/ Modifications/ Engineering Controls: Safety, Health and Emergency Response Plan Page 29 of 45 Task Hazard Identification and Safe Work Procedures Potential Hazard Task(s) Involved Severity Safe Work Procedures Mobilization Travel to Job Site Low Utilize Proper Driving Techniques Secure all equipment and supplies in truck beds. Site Set-Up Prepare Equipment and Ready Site. Moderate Awareness of Site Conditions. Call out and mark step-down or tripping hazards. Safe work procedures around heavy equipment. Ensure that equipment is in proper working order and inspected. BEFORE APPROACHING HEAVY EQUIPMENT – be certain that eye contact is made with operator, the equipment is stopped and grounded AND the operator gives an “all clear” signal by raising both hands off the controls. Timbering Felling trees above ground level Moderate Follow proper procedures for use of equipment, chain saws, etc. Be certain to establish and mark hazard zone(s) where trees may fall and keep other personnel out of those areas. Use dust suppression equipment (e.g. water truck, sprayers, etc.) as needed to minimize airborne dust. Installation of Erosion and Sedimentation Controls Installing silt fence Moderate Inspect are for snakes, poisonous plants, hornet nests, fire ant piles and other insects before installing silt fence. When pounding stakes, utilize a U-channel post driver, impact resistant gloves for hand protection, and hearing protection. When lifting rolls of silt fence and stake bundles, use heavy equipment where possible. If not possible, lift rolls using bent knees to avoid back strain. Clearing and Grubbing Heavy equipment operation Moderate Follow procedures for clearing and grubbing equipment. Keep personnel away from work area, flying debris, unexpected movement as roots and stumps are freed and removed. Use dust suppression equipment (e.g. water truck, sprayers, etc.) as needed to minimize airborne dust. Safety, Health and Emergency Response Plan Page 30 of 45 Waste excavation, movement and placement Accomplished with Trackhoe Moderate Operators must ensure three points of contact entering and exiting equipment. Other site workers must ensure eye contact is maintained with equipment operator when working around heavy equipment. PERSONNEL ARE NOT PERMITTED IN THE OPERATING RADIUS OF ANY PIECE OF HEAVY EQUIPMENT. BEFORE APPROACHING HEAVY EQUIPMENT – be certain that eye contact is made with operator, the equipment is stopped and grounded AND the operator gives an “all clear” signal by raising both hands off the controls. Use dust suppression equipment (e.g. water truck, sprayers, etc.) as needed to minimize airborne dust. Vehicular & Equipment Movement All Operations HIGH Always utilize two-man backing/spotter when vehicles must be backed into place. Observe heavy equipment movements in your work zone. Be alert of nearby back-up and travel alarms. Establish and review traffic flow pattern for the site. Be aware of all travel routes and blind spots. Heat/Cold Exposure Hazards All Operations Moderate Refer to Exposure Guidance of this Document Demobilization Travel from Job Site Low Utilize safe driving technique (no texting and driving) Always utilize two-man backing/spotter when vehicles must be backed into place. Secure all equipment and supplies in truck beds NOTE: 29 CFR 1910.120 states that information included in the standard operating procedures need not be reiterated in the SHERP. Therefore, the A&D Safety, Health and Emergency Response Plan Page 31 of 45 Environmental SOP Manual shall be maintained on site for reference as needed to properly implement procedure to control site hazards. Safety, Health and Emergency Response Plan Page 32 of 45 SECTION VII – Air Monitoring Plan Soils at the site have been characterized and no contaminants have been detected at levels which would require air monitoring. Low-level organic compounds including acetone, ethyl alcohol, p-isopropyl toluene, methyl ethyl ketone, and styrene have been detected at concentrations below preliminary soil remediation goals. Other than asbestos air monitoring as needed, no other air monitoring is planned at the site. Safety, Health and Emergency Response Plan Page 33 of 45 SECTION VIII – Site Control Support Zone As depicted on the site plan, the support zone will be in an area that has been determined contamination free or “clean” by supporting analytical data or other objective criteria. In this zone site break areas, toilet facilities, administrative, and other support functions will take place. Contaminated PPE and/ or equipment are prohibited in this area. Contamination Reduction Zone The contamination reduction zone (CRZ) is the area between the exclusion zone and support zone designated for equipment and personnel decontamination. The CRZ may also be a staging area for site tools, emergency equipment, containment equipment, additional PPE, sampling equipment, and air bottle changes. All personnel and/or equipment exiting the exclusion zone must enter the CRZ for decontamination before entering the support zone. PPE dress outs must be accomplished in the support zone before entry into the CRZ. Contaminated PPE will remain in the CRZ or the exclusion zone until properly disposed. Chiefly, the distance needed to prevent a potential release, explosion, or other hazard in the exclusion zone from affecting personnel in the CRZ and support zone will determine the location and dimensions of the CRZ. A “clean break station” may be established to provide a rest area where personnel can partially decontaminate and take work breaks. Exclusion Zone Buddy System A minimum of two people shall be used for all entries into the exclusion zone. This Buddy System is a safe way of organizing employees in such a manner that each person can observe the activities of the other. Thus, in case of an emergency, the entire team can account for the location and activity of each team member. Safety, Health and Emergency Response Plan Page 34 of 45 Visitors All authorized visitors will report to an A&D representative immediately upon arrival. All visitors entering the CRZ or exclusion zones must provide all required training and medical monitoring documentation before arrival on-site, if possible. The A&D Supervisor must approve the site visit. The A&D Supervisor shall establish a safe route through the site and away from on-going operations. All visitors will be escorted while on site. All visitors shall wear:  Steel-Toed Shoes or other approved Foot Protection as per ANSI Z41-1999  Hard-hat or other approved Head Protection as per ANSI Z89.1-2003  Safety Glasses or other Eye Protection as per ANSI Z87.1-1989  High Visibility Outerwear (if applicable)  White Tyvek (as required)  Appropriate Respiratory Protection (as required)  Appropriate Hearing Conservation Protection (as required) Work Site Security Work site security will be provided by A&D Environmental personnel and shall include:  Protecting unauthorized personnel from site physical hazards or chemical exposure  Preventing unauthorized personnel from entering the site  Prevent theft or vandalism of company our client equipment & property  Notify emergency agencies in case of a fire, explosion, or release after work hours.  Maintain site surveillance  Ensure all visitors are approved and have valid purpose for entering the site.  Ensure that all visitors are escorted  While the property is secured at the end of the shift(s), active security monitoring Safety, Health and Emergency Response Plan Page 35 of 45 Site Communications A communication system will be established on site with two communication nets. One net will be an internal communication net for on-site personnel and the other will be an external communication net for use between on-site and off-site personnel. The internal communication net is used to alert all on-site personnel to potential emergencies. Common internal communication devices can range from radios/Nextel’s to hand/ visual signals. To be effective, all communication commands must be prearranged and all signals recognized by all on-site personnel in advance. The external communication net is used to coordinate outside emergency response, report to management, and maintain contact with essential off-site personnel. This net is essential to provide personnel access to medical and emergency services. Telephones, either landline or cellular, will be used to establish this external net. Site Inspections The Project Manager/ Supervisor will conduct site inspections formally on a weekly basis, informally on a daily basis. All formal inspections will be documented and kept on job file for review. Formal Environmental, Health & Safety audits may be conducted on an unannounced basis by the A&D Corporate Health and Safety Officer. These formal audits will take place at various times during the entire operation, and shall be at least monthly during different times of the workday. Traffic Control The Project Manager/ Supervisor shall ensure that traffic patterns and roadways are designed and operated in a manner that minimizes the potential for vehicle related accidents. Key elements that will be considered and reviewed include:  Minimize the potential for operating vehicles in reverse (i.e., backing)  Avoid traffic patterns with head-on traffic patterns. Where practical, establish traffic patterns that are circular.  Minimize intersections when creating traffic plans.  Avoid areas with overhead obstructions. Where overhead obstructions cannot be avoided, post warning signs and/ or construct warning devices. Warning devices are recommended where traffic includes the use of dump trucks.  Maintain safe vehicle speeds. Slower traffic speeds should be required at intersections, in curves and in areas where pedestrian traffic is common.  Instruct all drivers on proper procedures and speed limits. Safety, Health and Emergency Response Plan Page 36 of 45  Provide a flagman as trucks enter and exit site as needed.  Post visible signs alerting traffic to trucks entering the roadway Sanitary Facilities Portable sanitary facilities will be available. The requirements for sanitary facilities on site will meet all applicable standards found in CFR 29 1910.120 (n)(3) and the A&D Environmental operating procedure. Lighting Requirements Lighting on job sites will meet all applicable standards found in 29 CFR 1910.120(m). Minimum illumination on job sites will be at 5-foot candles for work areas and 3-foot candles for excavations. Foot-Candles Area or Operations 5 General site areas 3 Excavation and waste areas, access-ways, active storage areas, loading platforms, refueling, and field maintenance areas 5 Indoors. Warehouses, corridors, hallways, and exit ways 5 Tunnels, shafts, and general underground work areas. (Exception: Minimum of 10 foot-candles is required at tunnel and shaft heading during drilling mucking, and scaling. Mine Safety and Health Administration approved cap lights shall be acceptable for use in the tunnel heading.) 10 General shops (e.g., mechanical and electrical equipment rooms, active storerooms, barracks or living quarters, locker or dressing rooms, dining areas, and indoor toilets and workrooms.) 30 First aid stations, infirmaries, and offices. Safety, Health and Emergency Response Plan Page 37 of 45 SECTION IX - Decontamination The decontamination process is designed to remove any contamination acquired in the exclusion zone and to keep the spread of contaminated materials from entering the support (clean) area. Care must be exercised to ensure that contaminants are removed from personnel and equipment before the personnel or equipment leaving the site. The decontamination line should extend from the exclusion zone boundary line to the entrance of the support zone. Personnel Decontamination Dry decontamination is the preferred method. This method of decontamination involves the removal of contaminated layers of personal protective clothing. Boots will be decontaminated when necessary by using a wet method “boot wash” station located at the CRZ. The boot wash will be comprised of two large washtubs. The first tub will be filled with water and soap solution and a brush to remove gross contamination. The second washtub will be a rinse. Preferably the boots will then be taken off and left inside the CRZ area. Once completed, personnel will exit the zone free of contamination. Once all the gross contamination has been removed, the affected personnel shall fully decontaminate and exit through the CRZ. Protective clothing (Tyvek, etc.) must be doffed properly – essentially removed and turned inside out during the removal process - to minimize any contaminants being transferred to the employee. Hands and face are to be washed thoroughly when leaving the exclusion zone and prior to any eating or drinking. Clothing/uniforms worn in the exclusion zone should be laundered separately and as soon as practical. An emergency eyewash will be located at the CRZ if an emergency decontamination is needed. Site personnel shall assist with the emergency decontamination only if they have protected themselves from exposure. The Project Manager/ Supervisor will be notified immediately of any emergency. Equipment Decontamination Decontamination equipment will consist of “drive over” steel fabricated decontamination pads and a pressure washer. Additional supplies at the site may include, but are not limited to:  Plastic Sheeting  Buckets  Scrub Brushes  Plastic Bags  Wash Basins  Water Hoses  Pools  Trash Containers  Pump Spray Bottles  Paper Towels  Soap Safety, Health and Emergency Response Plan Page 38 of 45 SECTION X – Contingency Plan The A&D Environmental contingency plan may be activated by the following conditions:  An injury occurs in any of the work areas.  A chemical hazard action level is reached or an air monitor alarm sounds.  Someone observes the development of an IDLH situation.  An unknown odor is detected.  There is a security breach and/or presence of unauthorized personnel.  There is a weather-related emergency.  There is a major release, explosion, or fire. Emergency Communication Equipment and Alarms In case of an emergency, the following equipment will be used to alert on-site personnel. 1. Portable radio communications or, 2. Portable air horns. If this is used, the following alarm signals will be used: Number of Blasts Action Required 1 Long 1 Short Attention! Contact command post/office trailer 3 Long General Emergency -- Evacuate site immediately! Assemble at designated “rally point”. The designated assembly areas and emergency evacuation routes will be established and posted. All personnel on site will be briefed on all emergency procedures as part of the initial safety briefing. Emergency Response Action Procedures CRZ or Exclusion Zone Injury: Operations will cease and area will be cleared for emergency personnel. Rescue team (if designated by the Project Manager/ Supervisor) will retrieve injured personnel and will decontaminate to the extent possible before movement to support zone. If condition is serious, at least a partial decontamination will be completed. Trained A&D Environmental personnel will administer first aid until professional medical assistance arrives. If movement will aggravate the injury, then the injured personnel will be left in place. If the injured personnel are at a greater risk inside the exclusion zone or emergency personnel are not able to enter the zone, then movement of the injured personnel becomes unavoidable. Care will be exercised to prevent spread of contamination. Information relative to the suspected contaminants is to be provided to the responding medical team for transport to the hospital. Safety, Health and Emergency Response Plan Page 39 of 45 NOTE: Rescue of downed personnel where the reason of that occurrence is not known will be performed in the next higher level of PPE. Support Zone Injury: The Project Manager/ Supervisor will assess the nature of the injury. Trained personnel will initiate First Aid and CPR as appropriate. If injury does not affect performance of personnel, operations may continue. If injury increases risk to others, operations will cease, until risk is removed or minimized. PPE Failure: The event of PPE failure or alteration, that person and his/ her buddy will immediately leave the exclusion zone and assemble at the decontamination line. Re-Entry will not be permitted until the equipment has been repaired or replaced. Other Equipment Failure: In the event of equipment failure other than PPE, the Project Manager/ Supervisor shall determine if the problem affects the safety of personnel or prevents the safe completion of the tasks. If which case the operation shall cease until repairs/ replacements are made and the risk to safety is removed. Fire or Explosion: Operations will cease and personnel will assemble at the decontamination line or the designated assembly area depending on the alarm given. The Project Manager/ Supervisor will determine if the fire can be suppressed. If the fire is small and safety is not endangered, a team of properly equipped and trained personnel will make entry to secure the situation. If the event is uncontrollable, all personnel will be evacuated and the proper authorities will be notified. A&D Environmental personnel may assist firefighters if required as well as all emergency responders, with information related to the incident. Spill, Leak or Release: Operations will cease and the designated suppression personnel will assemble at the upwind vapor suppression area. All other non-essential personnel in the area will meet at the decontamination line or the designated assembly area depending on the alarm given. The Project Manager/ Supervisor will attempt to determine the nature and extent of the release by air monitoring readings taken by A&D Environmental personnel. The Project Manager/ Supervisor will assemble a team of personnel trained as First Responders Operations Level per 29 CFR 1910.120(q), to contain the release or spill by the appropriate method. The Project Manager/Supervisor will direct the suppression crew in making the necessary attempts to stop the release and initiate clean- up operations. Operations will remain suspended until the incident is stabilized and no longer poses a threat to personnel. The Project Manager/ Supervisor will notify the Fire and Police Department in the unlikely event that a chemical release has migrated off site and that it is an immediate threat to the surrounding community. NOTE: All incidents and accidents will be reported immediately to the A&D Operations Manager and the A&D EHS Department. Safety, Health and Emergency Response Plan Page 40 of 45 Emergency Equipment The following minimum equipment will be located on the job site:  First Aid Kit  Emergency Eyewash  ABC Dry Chemical Fire Extinguishers  Chemical Sorbent Pads and Booms  Portable Air Horns  Additional PPE  Cellular Phones Emergency Telephone Numbers Agency or Organization Phone Number Emergency Workplace Number 911 CHEMTREC 800-424-9300 National Response Center 800-424-8802 National Poison Control Center 800-962-1253 Federal Emergency Management Agency 202-646-2400 Centers for Disease Control 404-488-4100 (24HR) A&D Environmental Services 800-434-7750 Hospital: Duke Raleigh Hospital 3404 Wake Forest Rd Raleigh, NC 27609 (919) 954-3000 Safety, Health and Emergency Response Plan Page 41 of 45 Safety, Health and Emergency Response Plan Page 42 of 45 Safety, Health and Emergency Response Plan Page 43 of 45 SECTION XI – Project Health and Safety Plan Review and Documentation I have read and understand this Safety, Health and Emergency Response Plan (SHERP). I have been informed of the personnel to contact if I have any questions and know where to report any additional safety and health hazards. I agree to work to the safety plan guidelines and understand that failure to do so could result in removal from the site and/ or termination. Printed Name Signature Date Organization Safety, Health and Emergency Response Plan Page 44 of 45 Printed Name Signature Date Organization Safety, Health and Emergency Response Plan Page 45 of 45 APPENDIX A Acknowledgement Form for Safety, Health and Emergency Response Plan JH Winston Landfill Remediation Project Youngsville, NC I, _______________________________________, have reviewed a copy of the Safety, Health and Emergency Response Plan (SHERP) for the above referenced Project. I have reviewed the plan, understand it, and agree to comply with all its provisions. I understand that I could be prohibited from working on the project for violating any of the health and safety requirements specified in the plan. Signed: _______________________________________________________ Date: _________________________________________________________ Company: A&D Environmental Services APPENDIX IV ASBESTOS MANAGEMENT PLAN Remediation Plan JH Winston Landfill Page 01043-1 REMEDIATION PLAN JH Winston Landfill Between 1819 and 1753 Long Mill Road Youngsville, Franklin County, North Carolina 27596 Prepared For: A&D ENVIRONMENTAL SERVICES, INC. Project Designer: ___________ ______________________ Anthony Scialdone NC Accreditation No. 40426 ECS Southeast, LLP 1200 Woodruff Road, Suite H-12 Greenville, South Carolina 29607 Telephone (864) 987-1610 ECS Project No. 49:7135 Revised June 22, 2018 Remediation Plan JH Winston Landfill Page TOC-1 TABLE OF CONTENTS Section 01043 General Project Requirements ............................................................... 01043-1 Section 01092 Codes and Regulations ......................................................................... 01092-1 Section 01410 Air Monitoring - Industrial Hygiene Firm Services .................................. 01410-1 Section 01503 Temporary Facilities .............................................................................. 01503-1 Section 01526 Work Area Preparation .......................................................................... 01526-1 Section 01560 Worker Protection .................................................................................. 01560-1 Section 01562 Respiratory Protection ........................................................................... 01562-1 Section 01563 Decontamination Units .......................................................................... 01563-1 Section 01711 Project Decontamination ....................................................................... 01711-1 Section 01714 Work Area Clearance ............................................................................ 01714-1 Section 02080 Asbestos Decontamination & Segregation Scope of Work .................... 02080-1 Section 02084 Disposal of Asbestos-Containing Waste Material .................................. 02084-1 APPENDIXES Appendix A - Prework Asbestos Inspection Checklist Remediation Plan JH Winston Landfill Page 01043-1 GENERAL PROJECT REQUIREMENTS 1.01 GENERAL A. We understand that the existing landfill is being excavated for grading and segregation purposes. ECS Southeast, LLP (ECS) has prepared the plans and specifications to address debris removal, asbestos materials staging, and subsequent removal during the excavation of the landfill materials. ECS will provide a North Carolina certified asbestos inspector and air monitor to be on-site to view the excavated materials and to document no visible emissions of asbestos fibers. ECS will document observations in a log-book (along with photographs) of the materials being excavated. B. Building materials that potentially could contain asbestos will be assumed to be asbestos-containing materials (ACM). This includes, but is not limited to, floor tile, drywall, roof shingles, transite siding, caulkings, glazings, built-up roofing, tar paper, ceiling tiles, etc. C. Excavated materials from this site will be segregated and transported off-site for disposal. Materials such as metals will be recycled and tires will be disposed of properly. Materials assumed to be ACM will be wrapped, labeled, and transported off- site to be disposed of as ACM. D. Excavated material is to be visually screened for potential ACM by the contractor’s certified asbestos supervisor and ECS’ certified inspector. E. Excavated material will be temporarily staged for examination to determine if materials are suspected to contain asbestos. Staged material shall be covered at the end of each work day and prior to any storm-water runoff producing event. F. Due to the size of the project, a considerable amount of excavation and sorting through the debris will be required to access building materials. The excavation will not be required to be performed inside a negative pressure containment/enclosure but materials must be adequately wetted to keep friable materials from creating visible emissions throughout the sorting and disposal process. G. Personnel in direct contact with the assumed ACM must be certified asbestos workers, working under direction from the certified asbestos supervisor. H. Personnel indirectly in contact with the assumed ACM, such as the excavator operator and drivers transporting the materials, must have completed an asbestos awareness training class. I. Air samples will be collected periodically to document that adjacent areas do not become contaminated during excavation activities. J. The Abatement/Demolition Contractor shall be responsible for keeping records which document and quantify the amount of ACM segregated. K. The Abatement/Demolition Contractor shall furnish and is responsible for all costs including, but not limited to: permit fees, labor, materials, services, insurance, bonding, street closures and equipment necessary to carry out the abatement operations and disposal of all asbestos material in accordance with the plans and specifications, the EPA, State of North Carolina and OSHA regulations. Remediation Plan JH Winston Landfill Page 01043-2 L. The Abatement/Demolition Contractor has and assumes the responsibility of proceeding in such a manner that he offers his employees a workplace free of recognized hazards causing or likely to cause death or serious injury. The Abatement/Demolition Contractor shall be responsible for performing this abatement and disposal so that airborne asbestos fiber levels do not exceed established levels. M. The Abatement/Demolition Contractor will be responsible for all costs associated with employee monitoring to meet the OSHA requirements. The results of personal air samples are to be posted or at least available on the job site for review within forty-eight (48) hours of collecting the air samples. N. The documents prepared by ECS shall be reviewed by participating parties prior to excavation activities. Remediation Plan JH Winston Landfill Page 01043-3 TECHNICAL SPECIFICATIONS 1.02 PERSONNEL A. Abatement Contractor’s Supervisor 1. All supervisors shall be accredited by the HHCU. 2. All supervisors on the project shall have two (2) years experience in the administration and supervision of asbestos abatement projects including Work practices, protective measures for building and personnel, disposal procedures, etc. 3. One (1) supervisor shall be provided for every ten (10) workers inside the regulated work area. A minimum of one (1) supervisor shall be provided per project. 4. The Abatement/Demolition Contractor shall have at least one (1) employee on the job site in either a foreman or supervisor's position who is bilingual in the appropriate languages when employing workers who do not speak fluent English. 5. A minimum of one (1) supervisor per company shall have attended a twenty-four (24) hour respiratory protection course. B. Worker 1. All workers shall be accredited by the North Carolina HHCU. C. Non-accredited workers 1. All workers who will be in indirect contact with ACM, such as the excavator operator and waste hauler, must have a certificate of completion from an asbestos awareness class. D. Competent Person 1. A competent person, as defined in the OSHA asbestos standard 29 CFR 1926.1101, employed by the Abatement/Demolition Contractor must be outside the Work Area at all times to monitor activity, provide information to visitors, and control access to the Work Area. E. Employees 1. The Abatement/Demolition Contractor is responsible for the behavior of workers within his employment. If at any time during the contracted Work, any of his employees are judged to exhibit behavior unfitting for the area or judged to be a nuisance by the Remediation Project Remediation Plan JH Winston Landfill Page 01043-4 Representative (RPR) or ECS, the Abatement/Demolition Contractor shall remove them immediately from the project. 2. The Abatement/Demolition Contractor shall be responsible for compliance with the following concerning employee behavior: Each employee must wear an ID Badge, a shirt or safety vest with the Abatement/Demolition Contractors name. a. Under no circumstances are alcohol, drugs or any other type of controlled substances permitted on the project site. b. All workers are restricted to the construction project site only. c. The Abatement/Demolition Contractor is responsible for parking. d. All workers must conform to the following basic dress code when in public areas of the project confines: long pants, shirts, steel toe boots, hard hats, vests, gloves, and safety glasses. e. The Abatement/Demolition Contractor is responsible for disposal of all trash brought on the project site by his employees, including drink cans, bottles or other food containers and wrappers. 3. Failure to adhere to these rules could result in criminal prosecution and/or removal from the project site. 1.03 PRE-JOB SUBMITTALS A. A copy of the approved submittals shall be kept on site by the Abatement/Demolition Contractor. 1. Notifications: Provide notification letters to local EMS, fire and police departments. This will be a Courtesy Notification as it is a Cleanup activity; no Permit will be issued. 2. Notifications: Submit a Courtesy Notification-Asbestos Permit Application and Notification for Demolition/Renovation to Jeff Dellinger, Health Hazards Control Unit, NCDHHS-Division of Public Health. There are no fees associated with this permit. 3. Employee List: Provide copies of lists of supervisors and workers, along with their accreditation, to be utilized on the project. 4. Permits: Provide copies of approval of a waste disposal site in compliance with 40 CFR 61.154. 5. Respirator Training: Copies of most recent fit testing records, individually signed for each worker to be utilized on the project. Remediation Plan JH Winston Landfill Page 01043-5 6. Project Schedule: Time schedule for the project, outlining the proposed start, setup, etc. for the various phases of the project will be submitted at the pre-construction conference. 7. Initial Exposure Assessment: As required by the OSHA construction asbestos standard 29 CFR 1926.1101. 8. Any other programs or training as outlined by the OSHA and EPA standards. 1.04 POST-JOB SUBMITTALS A. The contractor should be ready to submit a complete set of post-job submittals to the State and Owner following the final completion of the Work. 1. Affidavits: Abatement/Demolition Contractors affidavit of payment of debts and claims, affidavit of release of liens, and consent of surety company to final payment. 2. Manifest: North Carolina Asbestos Waste Shipment Record receipt from landfill operator which acknowledges the Abatement/Demolition Contractors delivery(s) of waste material. Include date, quantity of material delivered and signature of authorized representative of landfill. 3. Daily Log: A notarized copy of all daily logs showing the following: name, date, entering and leaving time, company or agency represented, reason for entry for all persons entering the Work Area, employee's daily air monitoring data as required by the OSHA standard and written comments by inspectors, industrial hygienists, ECS and visitors. 4. Special Reports: All documents generated under Section 01043.1.06. 1.05 SPECIAL REPORTS A. General: Except as otherwise indicated, submit special reports to ECS within one (1) day of occurrence requiring special report, with copies to others affected by occurrence. Also keep a copy in the project log book. B. Reporting Unusual Events: When an event of unusual and significant nature occurs at site (examples: failure of water control devices, rupture of temporary enclosures), prepare and submit a special report to ECS immediately, listing chain of events, persons participating, response by Abatement/Demolition Contractors personnel, evaluation of results or effects, and similar pertinent information. When such events are known or predictable in advance, advise ECS in advance at earliest possible date. Such events shall be reported to the RPR by ECS as appropriate. C. Reporting Accidents: Prepare and submit reports of significant accidents, at site and anywhere else Work is in progress. Record and document date and actions; comply with industry standards for reporting accidents. For this purpose, a Remediation Plan JH Winston Landfill Page 01043-6 significant accident is defined to include events where personal injury is sustained, or property loss of substance is sustained, or where the event posed a significant threat of loss or personal injury. There is no need to file with the Owner. 1.06 CONTINGENCY PLAN A. Contingency Plan: Prepare a contingency plan for emergencies including fire, accident, power failure, supplied air system failure (if applicable), evacuation of injured persons for both life threatening and non-life threatening, or any other event that may require modification or abridgment of decontamination or Work Area isolation procedures. Include in plan specific procedures for decontamination or Work Area isolation. Note that nothing in this specification should impede safe exiting or providing of adequate medical attention in the event of an emergency. Keep these plans on-site. B. Post On-Site: 1. Telephone numbers and locations of emergency services including but not limited to, fire, ambulance, doctor, hospital, police, power company, telephone company and the HHCU. 2. A copy of Safety Data Sheets (SDS) for any chemicals used during the asbestos project. 3. The Abatement/Demolition Contractor shall post asbestos signs in each appropriate language as per the OSHA 29 CFR 1926.1101 standard. Asbestos Waste Removal Specifications JH Winston Landfill Page 01092-1 SECTION 01092 ASBESTOS - CODES AND REGULATIONS 1.01 REFERENCE SPECIFICATIONS The Abatement/Demolition Contractor shall assume full responsibility and liability for compliance with all applicable federal, state and local regulations pertaining to Work practices, hauling, disposal, and protection of workers, visitors to the site, and persons and property occupying areas adjacent to the site. Unless modified by these project specifications, all specifications for stripping, removal, repair and disposal Work shall conform to the following specifications and standards, as applicable, as if completely reproduced herein. A. The following regulations published by the Environmental Protection Agency (EPA): 1. "National Emissions Standards for Hazardous Air Pollutants Asbestos," 40 CFR Part 61, Subpart M. 2. "General Provisions," 40 CFR Part 61, Subpart A. 3. "Guidance for Controlling Asbestos-Containing Materials in Buildings" June 1985. (EPA # 560/5-85-024). 4. "Asbestos-Containing Materials in Schools," 40 CFR Part 763, Subpart E including appendices. B. The following regulations published by the U.S. Department of Labor, OSHA: 1. “Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite; Final Rules,” Title 29, Part 1910, Section 1001 and Part 1926, Section 1101 of the Code of Federal Regulations. 2. “Respiratory Protection,” Title 29, Part 1910, Section 134 of the Code of Federal Regulations. 3. Construction Industry, Title 29, Part 1926, of the Code of Federal Regulations. 4. “Access to Employee Exposure and Medical Records,” Title 29, Part 1910, Section 20 of the Code of Federal Regulations. 5. “Hazard Communication,” Title 29, Part 1926, Section 59 of the Code of Federal Regulations. 6. “Specifications for Accident Prevention Signs and Tags,” Title 29, Part 1910, Section 145 of the Code of Federal Regulations. C. The following regulations published by North Carolina state agencies: Asbestos Waste Removal Specifications JH Winston Landfill Page 01092-2 1. North Carolina Asbestos Hazard Management Program Rules as adopted by 15A NCAC 19C .0600. 2. "North Carolina Occupational Safety and Health Standards for the Construction Industry," 29 CFR Part 1926 as adopted by T13 NCAC 07F .0201, and shipyard T13:07F.0500. 3. North Carolina General Statutes, Chapter 95, 97, 130. D. The following documents published by the American National Standards Institute: 1. "Fundamentals Governing the Design and Operation of Local Exhaust Systems," Z9.2-1979. 2. "American National Standard for Respiratory Protection Respiratory Use - Physical Qualifications for Personnel," Z88.6-1984. 3. "Practices for Respiratory Protection," Z88.2-1992. 1.02 NOTICES A. Notification will be submitted to the HHCU as a Courtesy Permit Application prior to the start of work (disturbing buried waste materials). 1. State Agencies Health Hazards Control Unit N.C. Department of Health and Human Services –OEEB Division of Public Health (Regular Mail) (UPS, Fed Ex, etc.) 1912 Mail Service Center 5505 Six Forks Road Raleigh, N.C. 27699-1912 Second Floor Telephone: (919) 733-0820 Room D-1 Fax: (919) 733-8493 Raleigh, N.C. 27609 N.C. Department of Labor Division of Occupational Safety and Health 319 Chapanoke Road, Suite 105 Raleigh, N.C. 27603-3432 Telephone: 1-800-LABOR-NC or (919) 662-4602 Fax: (919) 662-4625 2. Emergency Departments Notify the local emergency medical services, police and fire departments in writing of the type and scope of Work being performed and request these departments make an inspection prior to beginning the Work. Asbestos Waste Removal Specifications JH Winston Landfill Page 01092-3 3. Licenses Maintain current licenses for contractor and accreditation for workers and supervisors as required by applicable State or local jurisdictions for the removal, transporting, disposal or other regulated activity relative to the work of this contract. A courtesy notification for any amount of asbestos, regulated or non- regulated, to be removed shall be sent to the HHCU 10 working days prior to the start date of the asbestos removal. Remediation Plan JH Winston Landfill Page 01410-1 SECTION 01410 ASBESTOS AIR MONITORING - INDUSTRIAL HYGIENE FIRM 1.01 GENERAL A. ECS shall be responsible for the coordination of an industrial hygienist. Services of the industrial hygiene firm will be paid by A&D Environmental. B. Air monitoring shall be done under the direct supervision of a North Carolina accredited air monitor, except for sampling performed by the contractor to satisfy OSHA requirements. 1.02 DESCRIPTION OF WORK A. ECS shall offer expertise to Abatement/Demolition Contractor(s), but is not directly responsible for the performance of the job. B. At the job site, ECS is expected to observe, be aware, and comment on general Work site conditions and activities as they relate to the specifications and profession of industrial hygiene, and make recommendations in writing to the Abatement/Demolition Contractor(s). C. ECS is responsible for overseeing the protection of the environment from contamination, protection of persons in adjacent areas, and assurance that the areas are acceptable for occupancy. D. ECS has the authority to direct the Abatement/Demolition Contractor(s) relative to safety and environmental concerns. This includes stopping the Work if necessary. E. ECS shall furnish the Abatement/Demolition Contractor(s) a copy of his field report within twenty-four (24) hours of the visit. Copies of field notes and reports of observations shall be kept in project log book. F. ECS shall approve any change in Abatement/Demolition Contractors respiratory protection. This includes a review of the historical data. G. ECS is to conform to the Abatement/Demolition Contractors schedule and shall respond to necessary changes, provided an advance notice is given as outlined in Section 01043. H. ECS’ project monitor shall furnish ECS and Abatement/Demolition Contractor with a mobile phone number where he can be reached quickly at all times. I. ECS shall notify the Abatement/Demolition Contractor, verbally and/or in writing, of any area air monitoring results that are considered above permissible exposure limits for asbestos fibers, which would indicate a fiber release. Remediation Plan JH Winston Landfill Page 01410-2 J. At the completion of the project, ECS shall prepare a report describing the assessment of the project, all air monitoring data, acceptance letters, calibration records, and a description of the project as it proceeded to completion. 1.03 AIR MONITORING A. Ambient Air Monitoring: The purpose of ambient air monitoring by the ECS will be to detect discrepancies in the Work Area isolation such as: 1. Contamination of the property outside of the Work Area with airborne asbestos fibers. 2. Confirm the Work practices established by the Abatement/Demolition Contractor and respiratory protection provided for employees are adequate. B. Work Area Airborne Fiber Levels: ECS will monitor airborne fiber levels around the perimeter of where excavation areas will take place. The purpose of this air monitoring will be to detect airborne fiber levels which may challenge the ability of the Work Area isolation procedures to protect the balance outside of the regulated Work Area from contamination by airborne fibers. C. ECS will, at a minimum, collect air samples during the first few days of disturbance and periodically thereafter (1-2 times per week). In addition, air samples shall be collected on days in which significant suspect materials are unearthed. Remediation Plan JH Winston Landfill Page 01503-1 SECTION 01503 TEMPORARY FACILITIES 1.01 GENERAL A. Provide temporary facilities as required herein or as necessary to carry out the Work. B. Use qualified tradesmen for installation of temporary services and facilities. Locate, modify and extend temporary services and facilities where they will serve the project adequately and result in minimum interference with the performance of the Work. C. The Abatement/Demolition Contractor is responsible for removal and disposal of asbestos containing materials from the Work Area. Solid waste dumpsters and specialty waste dumpsters (asbestos, hazardous waste, etc.) can be placed on the exterior of the regulated area. It will be necessary to place lighted barricades around the dumpsters to keep pedestrians and non-asbestos trained personnel away from the dumpsters. Dumpsters should be located within the overall Project construction fence line. 1.02 WATER SERVICE A. Water is not available at the site. The Abatement/Demolition Contractor bears all expense of getting water to the Work and decontamination areas. The Abatement/Demolition Contractor is responsible for payment of monthly utility bills associated with water use during abatement. B. One, three-stage decontamination unit should be set up in a universally accessible location relative to the site. Supply hot and cold water to the decontamination unit in accordance with Section 01563. Hot water shall be supplied at a minimum temperature of one hundred (100) degrees Fahrenheit. C. After completion of use, connections and fittings shall be removed without damage or alteration to existing water piping and equipment (if applicable). 1.03 ELECTRICAL SERVICE A. General: Comply with applicable NEMA, NEC and UL standards and governing state and local regulations for materials and layout of temporary electric service. B. Ground Fault Protection: Provide receptacle outlets equipped with ground fault circuit interrupters, reset button and pilot light, for plug-in connection of power tools and equipment. C. Provide a weatherproof, grounded temporary electric power service and distribution system of sufficient size, capacity and power characteristics to accommodate performance of Work during the construction period. Remediation Plan JH Winston Landfill Page 01503-2 D. Install temporary lighting adequate to provide sufficient illumination for safe Work and traffic conditions in every area of Work. E. Provide services of an electrician, on a standby basis, to service electrical needs during the abatement process. 1.04 FIRST AID A. A minimum of one (1) first aid kit shall be maintained on-site. 1.05 FIRE EXTINGUISHERS A. Comply with the applicable recommendations of NFPA Standard 10 - "Standard for Portable Fire Extinguishers." Locate fire extinguishers where they are most convenient and effective for their intended purpose, but provide not less than one extinguisher in each Work Area. 1.06 SITE SECURITY A. Maintain personnel on-site at all times any portion of the Work Areas are open or not properly secured. Secure Work Areas completely at the end of each day. 1.07 STORAGE A. Supply temporary storage required for storage of equipment and materials for duration of project. Trailer and storage dumpsters will be maintained in areas designated by the Owner. Remediation Plan JH Winston Landfill Page 01526-1 SECTION 01526 ASBESTOS - WORK AREA PREPARATION 1.01 GENERAL A. Before Work begins in an area, a decontamination unit must be in operation as outlined in Section 01563. B. Temporary facilities shall be addressed as outlined in Section 01503. C. The Abatement/Demolition Contractor shall set up staging and decontamination areas. The decontamination facility outside of the immediate work area shall consist of a change room, shower room and equipment room as described in Section 01563. Remediation Plan JH Winston Landfill Page 01560-1 SECTION 01560 ASBESTOS - WORKER PROTECTION 1.01 GENERAL A. Provide worker protection as required by OSHA, state and local standards applicable to the Work. Abatement/Demolition Contractor is solely responsible for enforcing worker protection requirements at least equal to those specified in this Section. B. Each time the Work Area is entered the Abatement/Demolition Contractor shall require all persons to remove all street clothes in the changing room of the personnel decontamination unit and put on new disposable coverall, new head cover, and a clean respirator. Proceed through shower room to equipment room and put on work boots. C. Workers shall not eat, drink, smoke, chew gum or chew tobacco in the Work Area, the equipment room, the load out area, or the clean room. 1.02 WORKER TRAINING A. Train all workers in accordance with 29 CFR 1926 and HHCU regulations regarding the dangers inherent in handling asbestos, breathing asbestos dust, proper Work procedures and personal and area protective measures. 1.03 MEDICAL EXAMINATIONS A. Provide medical examinations for all workers. Examination shall as a minimum meet OSHA requirements as set forth in 29 CFR 1926. 1.04 PROTECTIVE CLOTHING A. Provide disposable full-body coveralls and disposable head covers, and require that they be worn by all workers in the Work Area. Provide a sufficient number for all required changes, for all workers in the Work Area. Work boots should be steel toe and puncture proof. B. Boots: Provide work boots with non-skid soles and, where required by OSHA, foot protection for all workers. C. Gloves: Provide work gloves (not latex) to all workers and require that they be worn at the appropriate times. Do not remove gloves from the Work Area. Dispose of work gloves as asbestos-contaminated waste at the completion of the project. Remediation Plan JH Winston Landfill Page 01560-2 1.05 ADDITIONAL PROTECTIVE EQUIPMENT A. Half-face respirators, disposable coveralls, head covers and footwear covers shall be provided by the Abatement/Demolition Contractor for the Owner, ECS, Industrial hygiene firm and other authorized representatives who may inspect the job site. B. Gloves, hardhats, vests, safety glasses - provide appropriate safety equipment to all workers. 1.06 DECONTAMINATION PROCEDURES A. Require that all workers use the following decontamination procedure as a minimum requirement whenever leaving the Work Area: 1. Remove disposable coveralls, disposable head covers, and disposable footwear covers or boots in the equipment room. 2. Still wearing respirators, proceed to showers. Showering is mandatory. Care must be taken to follow reasonable procedures in removing the respirator to avoid asbestos fibers while showering. The following procedure is required as a minimum: a. Thoroughly wet body including hair and face. b. With respirator still in place thoroughly wash body, hair, respirator face piece, and all exterior parts of the respirator. c. Take a deep breath; hold it and/or exhale slowly, completely wet hair, face and respirator. While still holding breath, remove respirator and hold it away from face before starting to breathe. d. Carefully wash face piece of respirator inside and out. e. Shower completely with soap and water; rinse thoroughly. f. Rinse shower room walls and floor prior to exit. g. Proceed from shower to changing (clean) room and change into street clothes or new disposable Work items. h. The Abatement/Demolition Contractor will provide the shower, wash rooms, etc. The Abatement/Demolition Contractor is responsible for containing and properly filtering and water being disposed of 3. After showering, each employee shall inspect, clean and repair his respirator as needed. The respirator shall be dried, placed in a suitable storage bag and properly stored. Remediation Plan JH Winston Landfill Page 01562-1 SECTION 01562 ASBESTOS - RESPIRATORY PROTECTION 1.01 DESCRIPTION OF WORK A. Instruct and train each worker involved in asbestos abatement in proper respirator use and require that each worker always wear a respirator, properly fitted on the face, in the Work Area from the start of any operation which may cause airborne asbestos fibers until the Work Area is completely decontaminated. Use respiratory protection appropriate for the fiber level encountered in the workplace or as required for other toxic or oxygen-deficient situations encountered. 1.02 GENERAL A. Provide workers with personally issued and marked respiratory equipment approved by NIOSH and MSHA and suitable for the asbestos exposure level in the Work Areas according to OSHA Standard 29 CFR 1926.1101 and other possible contaminants employees might be exposed to during the project. B. Provide respiratory protection from the time the first operation involved in the project requires contact with asbestos-containing materials (including construction of decontamination units, construction of airtight barriers/barricades) until acceptance of final clearance by the industrial hygiene firm. C. Half-face respirators with replaceable HEPA filters can be used during the excavation/removal of debris. D. Respirator fit testing shall be performed as a minimum at the beginning of the project, at any change in respiratory protection equipment, and at any time during the project if requested by the employee or SAM. Fit testing is to be performed by one of the methods listed in the 29 CFR 1926.1101, Appendix C. E. Do not allow the use of single-use, disposable or quarter-face respirators for any purpose. F. The excavation/removal of large quantities of Thermal System Insulation (TSI) or surfacing material (acoustical plaster, fireproofing, etc.), if encountered, may require a higher level of respiratory protection and up-grading to the use of Powered Air Purifying Respirators will be approved in writing by the SAM prior to initiation. Remediation Plan JH Winston Landfill Page 01563-1 SECTION 01563 ASBESTOS - DECONTAMINATION UNITS 1.01 DESCRIPTION OF WORK A. Provide personnel decontamination facility which may be remote to the immediate work area but located on site. The Abatement/Demolition Contractor shall comply with 29 CFR 1926.1101, specifically paragraph (j) hygiene facilities and practices for employees. 1.02 GENERAL A. Personnel Decontamination Unit (this applies to the landfill site): 1. Provide a Personnel Decontamination Unit (or decontamination unit trailer) consisting of a serial arrangement of connected rooms or spaces, changing room, shower room, equipment room. If erected as an outside structure, the unit should be constructed of hard barriers and be adequately weather- proofed. Each shall be separated by a minimum of three curtain doorways. Require persons exiting work area to pass through decontamination unit. Do not remove equipment or materials through this unit. 2. Provide temporary lighting if necessary. 3. Maintain floor of changing room dry and clean at all times. Do not allow the overflow water from the shower to escape the shower room. 4. Provide hot and cold water, drainage and standard fixtures including an elevated shower head as necessary for a complete and operable shower. A water hose and bucket is not an acceptable shower. 5. Arrange water shut off and drain pump operation controls so that a single individual can shower without assistance from either inside or outside of the Work Area. 6. Pump shower waste water to drain. Provide twenty (20) micron and five (5) micron waste water filters in line to drain. Change filters daily or more often if necessary. B. Decontamination Unit Contamination: 1. If the air quality in the decontamination unit exceeds 0.01 fibers per cc analyzed by PCM or its integrity is diminished through use as determined by ECS, no employee shall use the unit until corrective steps are taken and approved by ECS. Remediation Plan JH Winston Landfill Page 01711-1 SECTION 01711 ASBESTOS - PROJECT DECONTAMINATION 1.01 GENERAL A. Asbestos supervisor shall visually assess excavated areas to ensure that potential ACM has been excavated from earth. B. After excavated area is found to be in compliance, barrier tape and signage shall be removed. C. There shall be appropriate designated areas separate from areas where excavation is or will be in progress. 1.02 EQUIPMENT DECONTAMINATION A. For large equipment decontamination, such as bulldozers and track-hoes, a staging area shall be set up on the subject site for wash down and proper decontamination of the machinery. B. The staging area will consist of a raised platform which shall have double layer 6-mil polyurethane plastic underneath and double layered walls. The platform is needed so the tracks of the equipment do not tear the plastic lining which will serve to catch the water utilized in the wash down process. Each machine will need to have a visual inspection by ECS prior to exiting the staging area. Waste water will need to be filtered for asbestos fibers prior to discharge. Remediation Plan JH Winston Landfill Page 01714-1 SECTION 01714 ASBESTOS - WORK AREA CLEARANCE 1.01 GENERAL A. Notification and scheduling of the inspections during the project is the responsibility of the Abatement/Demolition Contractor. B. Visual assessments are required for debris removal throughout abatement project on a day-to-day basis. Remediation Plan JH Winston Landfill Page 02080-1 SECTION 02080 ASBESTOS DECONTAMINATION & SEGRATION 1.01 GENERAL A. Materials visually screened and identified as potential ACM are to be temporarily stockpiled prior to transporting to an off-site facility. B. Regulated work areas should be delineated by the Contractor with OSHA compliant signage and barrier tape for asbestos disturbance activities. C. When materials within the excavations are being segregated, the materials will need to be adequately wetted with water in order to minimize the potential release of asbestos fibers. Water used in the wetting process will need to be collected and properly filtered for asbestos fibers prior to discharge. D. Excess water (except shower water) shall be combined with removed materials or other absorptive material and properly disposed of per EPA regulations. The Abatement/Demolition Contractor shall not place water in storm drains, onto lawns or into ditches, creeks, streams, rivers or oceans. E. Staged materials which have not yet been classified for disposal shall be covered with at least one layer of 6-mil poly and labeled as asbestos hazards. Stockpiled waste should be secured at the end of each day. 1.02 ACM TO BE DISTURBED BY EXCAVATION AND REMOVAL A. The Abatement/Demolition Contractor will meet the requirements listed under the OSHA standard 29 CFR 1926.1101 section g(4) for Class I) friable materials. 1. Minimum requirements for abatement of materials are: a. A full decontamination unit (three chambered) including a shower and separate bag load-out will be constructed at a universal location at the site. b. Minimum personnel protection equipment for the abatement workers shall be half-face protection, disposable clothing, gloves and boots during gross removal (this includes equipment operators). c. Machine Operator personnel sampling is recommended to indicate a negative exposure assessment during such tasks. Remediation Plan JH Winston Landfill Page 02084-1 SECTION 02084 DISPOSAL OF ASBESTOS CONTAINING WASTE MATERIAL 1.01 GENERAL A. All asbestos materials and miscellaneous contaminated debris shall be properly sealed and protected, and the load-out vehicle/dumpster shall be locked, while located on the facility site and then transported to a predesignated disposal site in accordance with 40 CFR 61.150 and DOT 49 CFR Parts 100-399. B. An enclosed vehicle will be used to haul waste material to the disposal site. No rental vehicles or trailers shall be used. Vehicle selection, vehicle covers and work practices shall assure that no asbestos becomes airborne during the loading, transport and unloading activity, and that material is placed in the waste site without breaking any seals. C. Waste shall be placed in a double lined 6 mil poly load-out vehicle/dumpster. Before transporting off-site, the waste shall be wrapped with the poly so that it is air-tight (ie, wrap waste in a burrito-style poly enclosure). The wrapped material shall be adequately labeled as asbestos waste during transportation to the disposal site. In addition to the OSHA labeling requirements, the wrapped materials shall be labeled with the name of the waste generator and the location at which the waste was generated. D. The asbestos abatement contractor shall transport the containers of ACM waste material to the approved waste disposal site. E. Workers loading and unloading the asbestos will wear half-face respirators and disposable clothing when handling material. Asbestos warning signs shall be posted during loading and unloading of asbestos waste. F. The asbestos abatement contractor shall use the HHCU's Waste Shipment Record for disposal records as per 40 CFR 61.150 and distribute a copy of all waste shipment records to the designer after the completion of the project. END OF SPECIFICATION Remediation Plan JH Winston Landfill APPENDIX A PREWORK ASBESTOS INSPECTION CHECKLIST Name of State Facility: ______________________________________________ Project Name: ____________________________________________________ Project ID Number: ________________________________________________ Date of Inspection: ______________ Pass: ______ Fail: ________ A. DOCUMENTS YES NO 1) Asbestos Removal Permit/NESHAP Notification _____ _____ 2) Accreditation Documents for Workers & Supervisors _____ _____ 3) Asbestos Plans and Specifications _____ _____ 4) Air Monitoring Data _____ _____ 5) Waste Shipment Records _____ _____ 6) Sign-in Sheets and Bound Book for Comments _____ _____ 7) Calibration Record for Grade “D” Air _____ _____ 8) Items listed in Section 01043 of Specification _____ _____ B. PPE SUPPLIES 1) Tyvek Clothing _____ _____ 2) Rubber Boots _____ _____ 3) Respirators with HEPA Filters _____ _____ C. CLEAN ROOM 1) Entry Curtains _____ _____ 2) Emergency Phone Numbers Posted _____ _____ 3) First Aid Kit _____ _____ 4) Asbestos Signs _____ _____ 5) Decontamination Procedures Posted _____ _____ 6) Fire Extinguisher _____ _____ D. SHOWER ROOM 1) Polyethylene Curtains _____ _____ 2) Hot/Cold Water & Operational _____ _____ 3) Soap & Towels _____ _____ 4) Waste Water Filter Pump Operational _____ _____ 5) Extra Five Micron Size Filters _____ _____ 6) Filtered Waste Water to Sanitary Sewer _____ _____ Remediation Plan JH Winston Landfill E. WORK AREA YES NO 1) Removable Items Out of Area _____ _____ 2) Non-removable Items Protected _____ _____ 3) Critical Barriers Installed _____ _____ 4) Polyethylene Curtains _____ _____ 5) Polyethylene on Walls/Floors as Specified _____ _____ 6) HVAC off _____ _____ 7) Air Filtration Devices in Place and Operational _____ _____ 8) Air Exhausted to Outside _____ _____ 9) Electricity Locked and Tagged Out _____ _____ 10) Temporary Power Installed with GFCI _____ _____ 11) Fire Extinguishers _____ _____ 12) Emergency and Fire Exits Marked _____ _____ 13) Audible Alarms Operational _____ _____ 14) Toilet Available _____ _____ F. EQUIPMENT 1) Safety Equipment _____ _____ 2) HEPA Vacuums _____ _____ 3) Waste Disposal Bags _____ _____ 4) Airless Sprayer with Water Source _____ _____ 5) Cleaning Equipment _____ _____ 6) Glove Bags _____ _____ 7) Emergency Power Generator (if required) _____ _____ 8) Temporary Lighting _____ _____ G. OTHER 1) _________________________ _____ _____ 2) _________________________ _____ _____ 3) _________________________ _____ _____ 4) _________________________ _____ _____ ______________________________________ ______________ Asbestos Design Consultant Date ______________________________________ ______________ Asbestos/Demolition Contractor’s Representative Date APPENDIX B ESC Plan and Approval Letter FROEHLING & ROBERTSON, INC. STORM WATER, EROSION AND SEDIMENT CONTROL NARRATIVE JH Winston Dump Youngsville, Franklin County, NC Site Identification Number NONCD0000311 NCDEQ Task Order 311RA-2 State Contract N15001i F&R Project No. 66U-0089-0001 Prepared for: North Carolina Department of Environmental Quality Pre-Regulatory Landfill Unit 1646 Mail Service Center Raleigh, North Carolina 27699-1646 Prepared by: Froehling & Robertson, Inc. 310 Hubert Street Raleigh, North Carolina 27603-2302 David A. Krisnitski, P.E. Water Resources Engineer February 23, 2018 310 Hubert Street Raleigh, North Carolina 27603 919.828.3441 North Carolina Pre‐Regulatory Landfill Unit JH Winston Landfill F&R Project No.: 66U‐0089‐002 February 2018 0 Table of Contents Description Page Storm Water, Erosion and Sediment Control Narrative 2 Appendix A – Reference Maps and Property Owner Permissions Appendix B – Design Drawings Appendix C – Recommended Construction Sequence Appendix D – Soils Report Appendix E – Calculations North Carolina Pre‐Regulatory Landfill Unit JH Winston Landfill F&R Project No.: 66U‐0089‐002 February 2018 1 Project Description: The J.H. Winston Dump (the Site) is located in western Franklin County near Youngsville, North Carolina. It is bounded by Long Mill Elementary School on the north, residential development along Long Mill Road on the west, undeveloped forested land to the south, and a municipal sanitary sewer easement to the east as shown in Figure 1 in Appendix A, which was previously presented in the Remedial investigation (RI) Summary Report (WithersRavenel 2016). The Site is located on two parcels that total 75.7 acres. The waste areas that comprise the Site total approximately 9.3 acres. Portions of the Site had been cleared for use as a borrow source in the 1950s and then as a household dump site for the Town of Youngsville until the early 1960s. The Site is otherwise undeveloped and mostly covered with dense trees and woody vegetation. Clearing operations to create access for the investigation of the Site have created a rough perimeter path around much of the waste disposal areas. Two waste disposal areas, a north and a south area, have been defined through on site investigation and total approximately 9.3 acres. These waste disposal areas contain shallow surficial waste. See Figure 2, which has been modified from what was previously presented in the RI Summary Report. The dump areas are contained within two drainage paths separated by a mild higher ridge. Grades within the parcel are mild and allow adequate access to all areas of the Site. A construction entrance is proposed along the road frontage to the northwest on Long Mill Road. The project will involve clearing and removal of the trees and brush from the access paths and both waste disposal areas, complete removal of the surficial waste to an approved facility, minor grading to ensure appropriate final drainage, erosion and sediment control during the project, and final site stabilization. Project plans are included in Appendix B. The project will disturb approximately 14 acres. No additional impervious area will be added to the Site. An abandoned concrete structure from a previous site use will also be removed, reducing the final impervious area to 0.0 acres. Existing Site Conditions: The project area contains approximately 14 acres and consists of the northern waste disposal area (6 acres), the southern waste disposal area (3.3 acres), and necessary access roads. The Site is down‐gradient of a drainage divide to the west and largely contained within two drainage areas that will be collected together on the downstream end in a single sediment basin sized for the total contributing area of 21.9 acres. As noted, the Site primarily consists of densely wooded area. The on‐site staging area will be within the parcel, and located between the Site and the construction entrance. The site generally has a moderate 4% slope from west to east and is stable. Approximately 14 acres will be disturbed for this project. A North Carolina Land Disturbance Permit will be required. North Carolina Pre‐Regulatory Landfill Unit JH Winston Landfill F&R Project No.: 66U‐0089‐002 February 2018 2 Adjacent Properties: The Site is located on two parcels owned by separate entities. Authorization for access will be provided to the State for this remediation project. The adjacent parcels include residential lots, vacant lots, a public school, and a sanitary sewer easement. There are 14 residential parcels that border the Site to the west, but generally reside west of the drainage divide. The Long Mill Elementary School parcel is adjacent to the north and an undeveloped parcel is located to the south. A sanitary sewer easement is located along the eastern property boundary. Additional wooded and residential parcels are located between the sanitary sewer easement and US Highway 1. Access to the Site will be provided from the northwest corner of the parent parcel where a previous egress onto Long Mill Road was installed for timbering operations. The Site outfalls into a tributary to Brandy Creek which flows into Cedar Creek, and eventually into the Tar River. The drainage areas of the Site and Brandy Creek are primarily forested areas with residential and commercial development. Off Site Areas: The removed waste will be taken offsite to an approved landfill. Grading operations are expected to be completely contained onsite, except those excavated soils that cannot be readily separated from the waste which will also be delivered to an approved landfill. The contractor will segregate metal waste and tires and dispose of these materials at an approved location. Large trees (greater than 6‐inches in diameter) will be timbered as appropriate and removed from the Site. The remaining vegetation (limbs, smaller vegetative debris, and stumps) will be chipped and used for land cover on the Site after final seeding. The owner’s engineer shall provide an approved Erosion and Sediment Control Plan and applications for all necessary permits. The contractor shall be responsible for final stabilization. Soils: The project area is located in western Franklin County, North Carolina. The Site lies within the Piedmont physiographic province and within the Raleigh Terrane. The Raleigh Terrane consists mostly of metamorphosed igneous rocks that are typically quarried for construction and road aggregate. The residual soil profile generally grades downward gradually from fine‐grained plastic soils near the ground surface to coarse‐grained soils at greater depth. A transitional zone of partially weathered rock of varying thickness occurs between the coarse‐grained residual soils and the underlying bedrock. Partially weathered rock is defined, for engineering purposes, as residual material with standard penetration resistances in excess of 100 blows per foot. Weathering of the parent bedrock is generally more rapid near fracture zones and therefore, the bedrock surface may be irregular. Irregular patterns of differential weathering may also result in zones of rock and partially weathered rock embedded within the more completely weathered coarse‐grained soils. North Carolina Pre‐Regulatory Landfill Unit JH Winston Landfill F&R Project No.: 66U‐0089‐002 February 2018 3 Critical Areas: The Site is located on the eastern slope of a north‐south drainage divide with moderate sloping towards the east. Except for some small surface irregularities, there are no known existing steep slopes or erosion features on the Site. A small area of potential wetland is located outside of the identified waste area, and will be avoided. There are no lake or stream areas within the excavation area. Disturbed areas will be stabilized with permanent seed and mulch. Erosion and Sediment Control Measures: Unless otherwise indicated, vegetative and structural erosion and sediment control practices shall be constructed and maintained according to the minimum standards and specifications of the latest edition of the North Carolina Erosion and Sediment Control Planning and Design Manual. All measures have been sized for the minimum required 10 year storm event. The minimum standards shall be adhered to unless otherwise waived or approved by variance. Maintenance of the temporary measures will be in accordance with the reference Manual. Inspection of the temporary measures will be performed at least once per week and after ½‐inch rainfall events. The proposed erosion and sediment control measures include the following: Structural Practices: 1. Temporary Gravel Construction Entrance / Exit (CE) – 6.06: One construction entrance is proposed and shown on the plans at the northwest corner of the parcel onto Long Mill Road. This is to be installed first and until it is in service the contractor shall manually ensure each vehicle leaving the Site is not tracking sediment onto the public roads. The contractor may adjust the size and location of the construction entrance to ensure that the sediment is removed from vehicles before they leave the site. 2. Rolled Erosion Control Products (RECP) – 6.17: The installation of a protective covering (blanket) or a soil stabilization mat on a prepared planting area of the channel slopes will be used to promote grass growth. 3. Diversion Dike (DD) – 6.22: Flow barriers will be constructed using soils excavated from and placed adjacent and parallel to the diversion dikes. The dikes will be use to temporarily divert surface flows across the disturbed areas into the sediment basin. They will also be used to prevent undisturbed area runoff from entering the sediment basin. 4. Riprap and Paved Channels (RR)‐ 6.31: Riprap will be installed at the temporary outfall of the sediment basin and before the receiving stream. North Carolina Pre‐Regulatory Landfill Unit JH Winston Landfill F&R Project No.: 66U‐0089‐002 February 2018 4 5. Sediment Basin (SB) – 6.61: A temporary sediment basin will be constructed within the drainage swale located at the southeast end of the drainage outfall. This will be installed early in the project prior to any upland disturbance that is not associated with the installation of E&S measures. This basin will serve to collect stormwater runoff and sediment from the disturbed area of the project. The contractor shall perform only the amount of clearing necessary to construct and install the basin and other initial erosion control measures. The contractor is responsible to ensure that the basin is maintained and sediment is removed to a protected location as needed. 6. Sediment Fence (SF) – 6.62: Temporary sediment fence barriers will be installed as shown on the plans to filter sediment‐ laden runoff from areas that are in a sheet flow condition. 7. Construction Road Stabilization (CRS) – 6.80: A construction access road will be constructed from the construction entrance to the work area. The contractor shall be responsible for ensuring the road is maintained and that it does not contribute to sediment being transported off the site. The access road will be installed early in the project. Vegetative Practices: 1. Surface Roughening ‐ 6.03: The surface condition of the final grade is anticipated to have minimal topsoil or available nutrients to promote vegetative growth. Therefore, surface roughening will be used to aid in the addition of nutrients to the soil to promote stable vegetative growth. 2. Topsoiling (T)‐ 6.04: Topsoil will be salvaged and reused on site where possible. Where topsoil is not available the surface soils will be treated with appropriate additives necessary to foster vegetative growth. 3. Tree Preservation and Protection (TP) – 6.05: When working adjacent to trees that are not planned for removal, proper care shall be taken to prevent damage to trunks, root systems and canopy. 4. Temporary Seeding (TS) – 6.10: Seeding measures shall be taken on disturbed soil at cut/fill slopes, ditch lines, or areas outside of on‐going construction practices within seven (7) days of completion of final grading activities. Areas disturbed by construction will be stabilized with permanent seeding immediately following final grading. North Carolina Pre‐Regulatory Landfill Unit JH Winston Landfill F&R Project No.: 66U‐0089‐002 February 2018 5 5. Permanent Seeding (PS)‐ 6.11: Establishment of perennial vegetative cover by planting seed on rough graded areas that will be not brought to final grade for six months or more or where permanent, long lived vegetative cover is needed on fine graded areas. All areas to receive permanent seeding will be tested to determine the necessary nutrient additives. 6. Mulching (M)‐ 6.14: Mulch will be added to promote seed growth for final graded areas. Site Maintenance: 1. Silt fence barriers shall be checked weekly and after each ½‐inch rainfall event to ensure that they are functioning properly. If sediment and/or debris buildup reaches one‐half the height of the barrier, the barrier shall be cleaned, and restored to proper functioning condition. If any barrier is damaged due to construction activities, natural causes, or any other reason, the barrier shall be repaired or replaced immediately at no cost to the owner. 2. All other structural measures shall be checked weekly and especially after each rainfall event to ensure that they are functioning properly. Any damaged or clogged measures shall be cleaned and restored immediately. 3. All sediment removed from the control devices shall be spread and dried for reuse on the site above the control devices or disposed of at an approved facility. 4. Vegetation shall be checked weekly to ensure proper and adequate coverage. Bare areas shall be scarified and reseeded until permanent stabilization has been achieved. 5. Once the site has been established and sediment has ceased to be conveyed on the site, all silt fence barriers and diversion berms shall be removed. 6. Other controls: a. No solid materials, including building materials, garbage and debris shall be discharged into surface waters of the State. b. Where construction vehicle access routes intersect with the roadway, transport of sediment by vehicular tracking on the roadway will be prevented by proper use and maintenance of the construction entrance and cleaning any tracked material from the roadway. c. Storage of onsite materials will be done with care to prevent spills and to minimize exposure of the materials to storm water. North Carolina Pre‐Regulatory Landfill Unit JH Winston Landfill F&R Project No.: 66U‐0089‐002 February 2018 6 d. Disturbed areas and all areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of or the potential for polluted runoff. The contractor shall become familiar with the Storm water, Erosion and Sediment Control Plan and inspect the disturbed areas of the construction site that have not been finally stabilized, all structural controls, the areas used for storage materials that are exposed to precipitation, and locations where vehicles enter and exit the Site. These inspections shall be conducted weekly and within 48 hours of the end of a storm event. Permanent Stabilization: Subsequent to final grading, the disturbed areas will be stabilized with a low maintenance grass seeding mixture that is suitable for the project area soils and climate. The seeding requirements are in the project specifications and the contractor shall take soil samples to achieve proper stabilization. The contractor is responsible for establishing permanent seeding and will not be released from the Site until the established cover exceeds 85% and the grass has reached a mature height of at least 6 inches. Permanent Site Maintenance: After the project is completed, the property owner or his designee shall be responsible for maintaining this parcel. Any future plans for use of the Site will require its own development plan submittal. Storm Water Runoff: The project involves permanent removal of dumped waste and the restoration of a permanent vegetative cover. Therefore, permanent measures will not be left in place to augment the remaining drainage. The temporary sediment basin and other E&S measures will be removed once the permanent vegetative cover is established for the majority of the disturbed area. There will be no new impervious area that will be constructed within the scope of this project. The Site and drainage swales will be stabilized and left as close to natural as practicable. Schedule of events: Sequence of Construction can be found in Appendix C. Calculations: The majority of the project area is located east of and just below a drainage break to the west. The largest contributing drainage on the Site is generally located through the center of the disturbed area. A sediment basin is proposed down‐gradient at the southeast end of this drainage area. The waste area extends a short distance north and south of the drainage breaks bounding this area. North Carolina Pre‐Regulatory Landfill Unit JH Winston Landfill F&R Project No.: 66U‐0089‐002 February 2018 7 Storm drainage from either side of two drainage breaks will runoff from each of these areas and will be collected using diversion dikes to direct the runoff into the sediment basin described above. The drainage areas beyond the existing disturbed areas are minimal in extent and consist primarily of the construction entrance and access road areas. Silt fence will be installed to control sediment in these areas. Runoff and Sediment Basin calculations may be found in Appendix E. Appendix A Storm Water, Erosion and Sediment Control Plan J.H. Winston Dump Reference Maps and Property Owner Permissions !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(4664 68 4704744724764784 6 4 462 4 6 0 458 45 6 4 5 4 4 5 2482 4 8 0 450 44844 6444442440 438 436484 434 432486 430480 482470 482 484 486 NAD 1983 StatePlane North Carolina FIPS 3900 (Feet) Client: Project: Location F&R Project No.: Data: Date: Waste Determination Map Scale:1:1,680 1 inch = 140 feet FIGURE No.: NCDEQ Youngsville, NC NC One Map 2016 February 2018 0 140 280 420 56070 Feet JH Winston Dump 66U‐0089‐0002 FROEHLING & ROBERTSON, INC. 310 Hubert Street Raleigh, North Carolina 27603‐2302 I USA T 919.828.3441 I F 919.828.5751 Ü Disclaimer: F&R makes no warranties or guarantees regarding the accuracy or completeness of geographic features shown on this map. Spatial accuracy of measurement provided by source agencies can be obtained by contacting F&R.Engineering Stability Since 1881 2 Legend WDA WDA, WithersRavenel 2016 Concentrated Surface Waste !(Debris Pile Topographic Contour Lines Parcel Boundary LONG MILL ROAD40 Appendix B Storm Water, Erosion and Sediment Control Plan J.H. Winston Dump Design Drawings Project Information Sheet 1.0 NA KHH DAK 1 of 6 February, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date @ COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton Feb 20, 2018 - 10:22am - C:\Users\KHylton\appdata\local\temp\AcPublish_6844\66U-0089-001 JH Winston Landfill C3D.dwgJH WINSTON DUMP REMEDIAL ACTION PLAN FRANKLIN COUNTY, NC NCD0000311 - Prepared For - NC Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 (919) 707-8230 - Prepared By - Froehling & Robertson, Inc. 310 Hubert St Raleigh NC 27603 (919) 828-3441 PROJECT DESCRIPTION THESE DRAWINGS AND DESIGN INFORMATION ARE FOR THE REMOVAL AND CLEAN UP OF THE FORMER JH WINSTON DUMP SITE OFF LONG MILL RD NEAR YOUNGSVILLE, NC. THE SITE IS ACCESSED FROM LONG MILL RD BETWEEN THE PARCELS FOR 1819 LONG MILL RD AND 1753 LONG MILL RD. THE SITE IS ENCOMPASSED WITHIN 2 PARCELS TOTALING 75.7 ACRES WITH APPROXIMATELY 9.3 ACRES IDENTIFIED AS BEING USED FOR THE DUMP. THE DEPTH OF THE LANDFILL VARIES BUT IS CONSIDERED SURFICIAL WITH AN AVERAGE DEPTH OF 6" AND CONCENTRATED AREAS UP TO 2 FT. THE SITE IS POPULATED WITH SIGNIFICANT TREES AND VEGETATION THAT WILL NEED TO BE CLEARED IN ORDER TO REMOVE THE WASTE MATERIAL FROM THE DUMP. UPON COMPLETION OF THE DUMP REMOVAL THE SITE WILL BE SEEDED AND MULCHED AND MAINTAINED UNTIL STABILIZED. THE SPECIFICATIONS AND CONTRACT DOCUMENTS ARE LOCATED IN THE "PROJECT MANUAL" DATED FEBRUARY 2018. PLAN INDEX: 1. 1.0 Project Information Sheet 2. 1.1 Survey & General Notes 3. 2.0 Site Plan 4. 3.0 Erosion & Sediment Control Plan 5. 3.1 Erosion & Sediment Control Details (1 of 2) 6. 3.2 Erosion & Sediment Control Details (2 of 2) Project Site JH Winston Dump Site Vicinity Map N 0 3000'6000' Project Site JH Winston Dump Site Long Mill Rd96 96 Youngsville Bert Winston Rd Holden Rd Jo h n M i t c h e l l R d Si d M i t c h e l l R d Park AveAlt 96 Green Rd Survey & General Notes 1.1 NA KHH DAK 2 of 6 February, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date @ COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton Feb 20, 2018 - 10:22am - C:\Users\KHylton\appdata\local\temp\AcPublish_6844\66U-0089-001 JH Winston Landfill C3D.dwgNot To Scale Vicinity Sketch North Carolina 237 947 160' Date: Drawing # Scale: 1" = &1843-97-1741 Township: Tax Map# Youngsville Withers and Ravenel Survey Of: 1453 1712 Franklin 024DB______ Pg______ DB______ Pg______ State: County: 828 288 0008 134 Central Street Rutherfordton, NC 28139 SURVEYING, P.A. TRIPOD LAND Survey For: Legend 5/5-6/6/2014 DB - Deed Book EIP - Existing Iron Pipe EIR - Existing Iron Rod/Rebar IPS - Iron Pipe Set IRS - Iron Rod Set PB - Plat Book RW - Right of Way SR - State Road TL - Total Length - Utility Pole - Unmarked Point - Sanitary Sewer Manhole C-2183 SEAL U L-4299 This is an Unsigned Electronic Plat Copy Preliminary Plat - Not for Recordation, Conveyance or Sales "I, John W Terry II, certify that this map was drawn under my supervision from an actual survey made under my supervision, using GPS and conventional ground surveying methods and the following information was used to perform the survey; (1) Class of survey: AA (2) Positional accuracy: 0.015 M (0.05') (3) Type of GPS field procedure: NCVRS Network RTK (4) Dates of survey: 05/05-06/062014 (5) Datum/Epoch: NAD 83/2011 (6) Published/Fixed-control use: NCVRS System (7) Geiod model: Geoid12(ConUS) (8) Combined grid factor(s): 0.9999541 (9) Units: US Survey Foot; Deed description recorded in Deed Book 1453 Page 024 ; that the ratio of precision as calculated is 1:10,000 +; that this plat was prepared in accordance with N.C.G.S. 47-30 as amended, AND that this survey is an exception to the definition of a subdivision. (D) Witness my original signature, registration number and seal this 7th day of John 2014 _________________________________________________________________________ John W. Terry II - PLS # 4299 Notes:__________________________________ 1 - Area by coordinate geometry, 2 - Survey does not certify title or ownership 3 - This plat was prepared without the benefit of a title search which may reveal additional conveyances, easements, rights-of-way, building restrictions, zoning, etc. 4 - All property ownership information has been taken from current tax records. 5 - Property is subject to easements, etc. of record 6 - Underground utilities have not been located. 7 - Contour Interval = 1'. Elevation datum NGVD88 from NCVRS System. 8 - The purpose of this survey is to show topographic features. Partial boundary shown for reference only. Monitoring Wells Top of Pipe Lid Elevation MW-1 481.22' 481.58' MW-2 472.87' 473.17' MW-3 *446.92' 447.24' MW-4 459.59' 459.83' * Note - The housing for MW-3 was full of water so this elevation was measured on the flat surface of the orange plug which seals the pipe. Actual top of pipe elevation should be +/- 0.02' lower. MW-4 MW-1 MW-2 MW-3 concrete EIP N - 839751.949' E - 2148429.829' EL - 474.72' EIP N - 839438.628' E - 2148333.383' EL - 479.74' EIP, Bent EIP, Bent EIP N - 839812.587' E - 2147909.826' EL - 460.44' EIP N - 838930.204' E - 2148175.190' EL - 482.56' EIP N - 838136.017' E - 2147972.904' EL - 472.51' EIP EIP EIP Johnson DB 849 Pg 892 Teasley DB 849 Pg 391 Williams DB 849 Pg 215 Norris DB 848 Pg 076 Johnson DB 1943 Pg 119 Henry DB 838 Pg 198 Monroe Alston DB 1384 Pg 973 Alston DB 1384 Pg 973 Harris DB 834 Pg 734 Teasley DB 845 Pg 743 Ramsey DB 1050 Pg 065 Richardson DB 878 Pg 486 Hernandez DB 1859 Pg 053 Jones DB 763 Pg 254 Peconic Properties, LLC DB 1930 Pg 327 small stream beginning point of stream EIP, bent with nail set at base N - 838054.591' E - 2149149.840' EL - 436.60' EIP N - 839628.377' E - 2149519.485' 469.64' Bert Winston Rd Site 1843-88-7962 Topo Survey of Portions of the JH Winston Site El=461.45' El=447.27' El=445.47' El=437.16' El=435.57' TBM-437.03' Louisburg HMA, LLC DB 1711 Pg 765 El=452.36' Dale Place DB 1453 Pg 024 Medfield Prop. LLC DB 1712 Pg 237 ditch ditch NONCD0000311 0 160 320 480 Tri Doan DB 921 Pg 297 T&S DB 1894 Pg 515 GENERAL NOTES 1. THE CONTRACTOR IS ADVISED THAT THE SITE MAY CONTAIN ASBESTOS MATERIAL (ACM). WASTE EXCAVATION ACTIVITIES AND PREPARATION OF SUBGRADE SHALL BE OVERSEEN BY COMPETENT PERSONNEL. PERSONNEL WORKING ON THE GROUND IN THE EXCLUSION ZONE WHERE WASTE IS BEING EXCAVATED OR MOVED WILL HAVE THE POTENTIAL TO ENCOUNTER ACM AND THUS COULD BE EXPOSED TO AIRBORNE ASBESTOS FIBERS AND WILL REQUIRE THE APPROPRIATE PPE. THE CONTRACTOR SHALL SUBMIT AN ASBESTOS MANAGEMENT PLAN DETAILING PROTECTIVE MEASURES, MANAGEMENT PRACTICES AND HANDLING PROCEDURES. THE ASBESTOS MANAGEMENT PLAN WILL BE REVIEWED BY THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH HAZARDS CONTROL UNIT. 2. CONTRACTOR IS RESPONSIBLE FOR PROTECTION, MAINTAINING, AND RESTORING ALL SITE UTILITIES, PRESERVATION AREAS, AND FACILITY SERVICES WHERE APPLICABLE. 3. NO SMOKING IS ALLOWED ON THE JOB SITE. 4. THERE SHALL BE NO EXPOSED WASTE DURING NON-WORKING HOURS OR RUNOFF PRODUCING EVENTS. WASTE ON SITE DURING THESE TIMES MUST BE COVERED WITH TEMPORARY MEASURES. 5. RUBBER TIRES AND INTACT VEHICLES SHALL BE REMOVED DURING EXCAVATION, STOCKPILED SEPARATELY, AND DISPOSED OF IN ACCORDANCE WITH ALL FEDERAL, STATE AND LOCAL REQUIREMENTS. 6. CONTRACTOR IS RESPONSIBLE FOR THE SAFETY OF ALL EXCAVATION TRENCHES AND THE COMPLIANCE WITH O.S.H.A. REGULATIONS AND STANDARD. NO DISTURBED SLOPE MAY BE STEEPER THAN 2H:1V UNLESS OTHERWISE APPROVED BY THE ENGINEER. 7. ALL NECESSARY PERMITS SHALL BE OBTAINED BY THE CONTRACTOR PRIOR TO BEGINNING WORK. 8. ALL PERIMETER MEASURES SHALL BE INSTALLED PRIOR TO BEGINNING WORK. 9. CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR CONTACTING ALL APPROPRIATE UTILITIES AND ENSURING THAT UTILITIES ARE LOCATED PRIOR TO THE COMMENCEMENT OF ANY EXCAVATION ACTIVITY ACCORDING TO NC STATE LAW. 10. ALL MATERIAL EXCEPT THAT BELONGING TO A PUBLIC OR PRIVATE UTILITY COMPANY SHALL BECOME THE PROPERTY OF THE CONTRACTOR. THE CONTRACTOR SHALL NOTIFY THE APPROPRIATE UTILITY PROVIDER WHEN WATER, SEWER, GAS, POWER OR COMMUNICATION LINES AND/OR METERS ARE TO BE REMOVED OR RELOCATED. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DISCONNECTING ALL UTILITIES IN COMPLIANCE WITH FRANKLIN COUNTY, NC. AND UTILITY PROVIDER REQUIREMENTS. CONTRACTOR SHALL PROVIDE A MINIMUM OF 48 HOURS NOTICE TO APPROPRIATE UTILITY SERVICE PROVIDER PRIOR TO ANY INTERRUPTION OF AN EXISTING UTILITY. 11. CONSTRUCTION ENTRANCE AND SILT FENCE AND SEDIMENT BASIN SHALL BE IN PLACE IN ACCORDANCE WITH THE EROSION CONTROL PLANS PRIOR TO COMMENCEMENT OF WORK. 12. ALL MONITORING WELLS FOUND WITHIN WORK AREA SHALL BE PROPERLY ABANDONED PRIOR TO COMMENCEMENT OF WORK. 13. WHEN UNDERGROUND OBSTRUCTIONS NOT SHOWN ON THE CONSTRUCTION DRAWINGS (ROCK, PIPING, ETC.) ARE ENCOUNTERED, THE CONTRACTOR SHALL PROMPTLY REPORT THE CONFLICT TO THE ENGINEER. ALL CHANGES MUST BE APPROVED IN WRITING BY THE ENGINEER BEFORE CONSTRUCTION CAN PROCEED. 14. CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR REPAIR AND/OR REPLACEMENT OF ANY UTILITIES, STRUCTURES, ROADWAY, OR PRIVATE PROPERTY DAMAGED DURING CONSTRUCTION. 15. CLEARING AND GRUBBING SHALL BE PERFORMED WITHIN LIMITS SHOWN ON THE PLANS. ALL TREES 6" AND GREATER CUT DURING THE CLEARING OPERATIONS SHALL BECOME THE CONTRACTORS RESPONSIBILITY TO DISPOSE OF PROPERLY AT AN OFF-SITE LOCATION. ALL REMAINING BRUSH, TRIMMINGS AND STUMPS SHALL BE MULCHED AND STOCKPILED ON-SITE AS NECESSARY TO BE SPREAD OVER DISTURBED AREA AT END OF PROJECT. 16. UPON COMPLETION OF THE EXCAVATION AND GRADING BUT PRIOR TO THE PLACEMENT OF BRUSH MULCH AND SEEDING THE ENGINEER SHALL COLLECT CONFIRMATION SOIL SAMPLES AND COMPARE TO UNRESTRICTED USE PSRG LEVELS. SOILS WITH CONCENTRATIONS OF CONTAMINANTS ABOVE UNRESTRICTED USE PSRG SHALL BE EXCAVATED AND RE-SAMPLED. SUBMITTALS 1. SILT FENCE 2. RISER AND CONDUIT 3. RIP RAP 4. AGGREGATES 5. GEOTEXTILE FABRIC 6. SEED 7. MULCH SEQUENCE OF CONSTRUCTION 1. INSTALL THE CONSTRUCTION ENTRANCE. 2. CLEAR ONLY THOSE AREAS NECESSARY TO INSTALL INITIAL E&S MEASURES (PERIMETER SILT FENCE BARRIER, TEMPORARY SEDIMENT BASIN, AND DIVERSION DIKES) AND COMPLETE ALL EROSION CONTROL MEASURES PRIOR TO CLEARING/GRUBBING AND WASTE COLLECTION d/s/d/^͘ APPLY PERMANENT SEED TO THOSE AREAS WHERE E&S MEASURES WERE INSTALLED. 3. LOCATE AND PROPERLY ABANDON THE SIX MONITORING WELLS ON THE SITE USING A NORTH CAROLINA LICENSED WELL DRILLER, AND REMOVE ALL WELL MATERIALS FROM THE SITE. 4. HARVEST MATURE TREES LARGER THAN 6-INCHES IN DIAMETER, CUTTING AT THE BASE OF THE TREE AND LEAVING STUMPS IN PLACE SUCH THAT WASTE AND UNDERLYING SOILS ARE NOT /^dhZ͘ TRANSPORT THE MATURE TREES OFF-SITE FOR PROCESSING. 5. COLLECT THE REMAINING VEGETATION FOR CHIPPING ON-SITE AND NEATLY STOCKPILE IN AN UPLAND Z͘ REMOVE STUMPS AND PROPERLY DISPOSE OF THOSE THAT ARE NOT SUITABLE FOR ,/WW/E'͘ NO BURNING OF STUMPS, VEGETATION, AND/OR WASTE IS ALLOWED. 6. DIVIDE THE WASTE DISPOSAL AREA INTO SMALLER MANAGEABLE WORK AREAS, WORKING FROM LOWER AREAS IN AN UPHILL &^,/KE͘ WORK SHALL SUBSEQUENTLY PROGRESS INTO HIGHER AREAS SUCH THAT EQUIPMENT DOES NOT TRACK OVER COMPLETED AND SEEDED AREAS 7. COLLECT LARGE METAL OBJECTS, SUCH AS TRACTOR FRAMES AND WHITE GOODS, AND SEGREGATE FOR THE PURPOSE OF Zz>/E'͘ COLLECT AND SEGREGATE TIRES AND DISPOSE OF AT AN APPROPRIATE &/>/dz͘ USE OF SEPARATE ROLL-OFF DUMPSTERS TO COLLECT METALS AND TIRES IS RECOMMENDED. 8. COLLECT OTHER DEBRIS AND GENERAL WASTE AND TRANSPORT TO A PERMITTED LANDFILL &/>/dz͘ ANY WASTE MATERIAL THAT IS COLLECTED EACH WORKDAY THAT CANNOT BE DELIVERED TO THE LANDFILL MAY BE STOCKPILED WITHIN THE PERIMETER OF THE IDENTIFIED WASTE AREA FOR REMOVAL THE NEXT DAY. ANY EXPOSED AND DISTURBED WASTE SHALL BE COVERED AT THE END OF EACH WORK DAY AND PRIOR TO ANY STORMWATER RUNOFF PRODUCING EVENT. 9. DURING WASTE COLLECTION ACTIVITIES, SEGREGATE AND STOCKPILE ANY SOIL ENCOUNTERED THAT CAN BE CONFIRMED TO BE FREE OF t^d͘ THIS MATERIAL SHALL BE RE-USED DURING RE-GRADING AND SITE STABILIZATION ACTIVITIES. 10. SEGREGATE POTENTIAL SUSPECT ASBESTOS-CONTAINING MATERIALS (ACMS), SAMPLE FOR IDENTIFICATION, AND DISPOSED OF AS APPROPRIATE /EKZEt/d,d,WWZKsDDE'DEdW>E͘ 11. CONFIRMATION SOIL SAMPLES WILL BE COLLECTED BY THE ENGINEER WHEN EXCAVATION OF THE SURFICIAL WASTE IS COMPLETE IN EACH WORK Z͘ CONDUCT ADDITIONAL EXCAVATION AS DIRECTED IN AREAS WITH DETECTIONS OF COMPOUNDS ABOVE THE UNRESTRICTED USE PSRG CONCENTRATIONS AND DISPOSE OF AT AN APPROPRIATE PERMITTED FACILITY, AND CONTINUE UNTIL LABORATORY ANALYSIS INDICATES CONDITIONS ARE BELOW THE UNRESTRICTED USE PSRGS. 12. SUBSEQUENT TO CONFIRMATION OF WASTE REMOVAL IN EACH AREA, RE-GRADE THE SUBGRADE AND BLEND TO MIRROR THE EXISTING TOPOGRAPHY AS INDICATED IN THE PROPOSED SITE W>E͘ CUT AND FILL IRREGULAR AREAS (INCLUDING BUT NOT LIMITED TO STUMP HOLES AND PREVIOUS AREAS OF EXCAVATED WASTE) AS NECESSARY TO ACHIEVE POSITIVE DRAINAGE AND MAINTAIN STABLE SLOPE CONDITIONS WITH NO GRADES EXCEEDING 5H:1V. 13. SCARIFY SURFACE APPROXIMATELY 6 INCHES IN PREPARATION OF SOIL AMENDMENTS AND STABILIZATION. AMEND SOIL WITH LIME AND FERTILIZER AS NEEDED PER SOIL NUTRIENT ANALYSIS. 14. PERMANENTLY STABILIZE DISTURBED WORK AREAS WITHIN 7 DAYS OF COMPLETION OF FINAL GRADING ACTIVITIES TO ESTABLISH THE PERMANENT VEGETATIVE COVER. APPLY WOOD CHIPS AND COVER SEEDED AREA APPROXIMATELY 1 INCH IN THICKNESS. 15. REPEAT THE SEQUENCE ABOVE IN MANAGEABLE WORK AREAS UNTIL THE WASTE DISPOSAL AREAS ARE VERIFIED TO BE CLEARED, TESTED, FREE OF WASTE, AND PERMANENTLY SEEDED AND MULCHED. 16. AFTER PERMANENT VEGETATIVE COVER OF DISTURBED AREAS IS ESTABLISHED, REMOVE THE TEMPORARY EROSION CONTROL MEASURES. REMOVE DIVERSION DIKES AND THE SEDIMENT BASIN BY DEPOSITING THE SOILS USED TO CONSTRUCT THOSE FEATURES INTO THE DIKE(S) OR BASIN /EdZ/KZE'ZdKZ/E͘WZDEEd>z^d,K^Z^͘ 17. MAINTAIN SEEDED AREAS UNTIL ADEQUATE GRASS COVER IS ESTABLISHED AND FINAL STABILIZATION IS APPROVED. 18. DEMOBILIZE FROM SITE AND REMOVE ALL EQUIPMENT, MATERIALS, TRASH, ETC. JH Winston Landfill Cleanup Section Total Area minus hot spots General Hot Spots Piles Total (sf)@6" (cy) (cy) (cy) (cy) North 260395.0 28652.0 4291.5 776.2 118.0 5185.7 South 143965.0 44428.0 1843.3 999.5 10.0 2852.8 Grand Total: 8038.5 North Area Hot Spots Location Notes Area sf Avg. Depth ft Est. Vol. cy N1 MSW/tires 1586 0.50 29.4 N2 MSW/bricks/tires 1164 0.50 21.6 N3 MSW 471 1.00 17.4 N4 MSW/roofing 585 0.75 16.3 N5 With N6 - MSW/tires/9693 0.75 269.3 N6 white goods/masonry/roofing/metal/drums 3437 0.75 95.5 N7 Bricks 5645 0.50 104.5 N8 MSW/masonry/tires/white goods 2350 1.00 87.0 N9 Constr debris/metal/drums 872 2.00 64.6 N10 2849 0.67 70.7 N11 N12 Subtotal 28652 776.2 North Area Piles NP1 Masonry Debris 10.0 NP2 Shingles 2.0 NP3 Wih NP4 NP4 Roofing Materials 2.0 NP5 Shingles 20.0 NP6 Masonry Debris NP7 Mortar bricks 10.0 NP8 Shingles 2.0 NP9 Sheetmetal 10.0 NP10 Shingles 10.0 NP11 Bricks, mortar 10.0 NP12 Bricks, masonry 10.0 NP13 Masonry Debris 2.0 NP14 Mortar/asphalt 10.0 NP15 Bricks, mortar 10.0 NP16 Asphalt /metal 10.00 Subtotal 118.00 South Area Hot Spots S1 MSW 940 0.50 17.4 S2 MSW 1945 0.25 18.0 S3 MSW 2295 0.50 42.5 S4 MSW/tires/Drums/metal/white goods/shingles 4738 0.75 131.6 S5 MSW - S6 - S7 MSW/tires/metal/plastic 21252 0.67 527.4 S8 Metal/glass 2717 0.67 67.4 S9 Metal/Glass 2620 0.50 48.5 S10 Metal/glass/tires 740 0.50 13.7 S11 Metal/glass /tires 6363 0.50 117.8 S12 tires/glass/plastic 818 0.50 15.1 Subtotal 44428 999.5 South Area Piles SP1 Shingles/tarpaper Subtotal 10.00 10.00 South Area Vehicle SCAR Metal Vehicle Chassis 1.0 MW-4MW-1MW-2MW-3concreteEIPN - 839751.949'E - 2148429.829'EL - 474.72'EIPN - 839438.628'E - 2148333.383'EL - 479.74'EIP, BentEIP, BentEIPN - 839812.587'E - 2147909.826'EL - 460.44'EIPN - 838930.204'E - 2148175.190'EL - 482.56'EIPN - 838136.017'E - 2147972.904'EL - 472.51'EIPEIPEIPsmallstreambeginningpoint of streamEIP, bent withnail set at baseN - 838054.591'E - 2149149.840'EL - 436.60'El=461.45'El=447.27'El=445.47'El=437.16'El=435.57'TBM-437.03'El=452.36'ditchditchUTILITY E A S E M E N T LONG M I L L R D 1 2 3 4 5 6 7 8 9 A B C D E F G H J K L M N P Q R S T U 10 np9np10np8np2np6np7np4np3np11np13np12np14np15sp1s carFebruary, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date @ COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton Feb 20, 2018 - 10:22am - C:\Users\KHylton\appdata\local\temp\AcPublish_6844\66U-0089-001 JH Winston Landfill C3D.dwgSite Plan 2.0 NA KHH DAK 3 of 6(1 ft contours) Scale: 1" = 80' EXISTING CONDITIONS1 0 80'160' N APPROXIMATE LIMITS OF 6" NORTHERN WASTE DISPOSAL APPROXIMATE LIMITS OF 6" SOUTHERN WASTE DISPOSAL AREAS OF CONCENTRATED WASTE (TYP) SURVEY AND OTHER SITE INFORMATION PROVIDED BY TRIPOD LAND SURVEYING P.A. 1. CONTRACTOR SHALL REMOVE ALL MONITORING WELLS AND OTHER STRUCTURES. 2. UPON COMPLETION OF PROJECT AND SITE HAS BEEN STABILIZED THE SEDIMENT BASIN SHALL BE REMOVED AND THE AREA GRADED BACK TO ORIGINAL CONDITIONS. THE AREA SHALL BE SEEDED AND STABILIZED WITH MULCH. 3. NP AND SP POINTS ARE SPECIFIC PILES OF WASTE TO BE REMOVED. SEE TABLE ON SHEET 1.0 EXISTING TREE LINE EXISTING TREE LINE EXISTING TREE LINE EXISTING TREE LINE GRID IS LAID OUT WITH 100 FT SPACING EACH DIRECTION GRID ORIGIN IS CORNER PIN OF PROPERTY ENTIRE GRID IS ALIGNED WITH THIS PROPERTY LINE ISOLATED CONCENTRATED WASTE DEPOSITS SHALL BE REMOVED AND EXCAVATED UNTIL DEEMED CLEAN BY ONSITE ENVIRONMENTAL ENGINEER EDGE OF WATER (E) TREE LINE (P) TREE LINE (E) MAJOR TOPO (E) MINOR TOPO (P) MAJOR TOPO (P) MINOR TOPO WETLAND APPROX. LIMIT OF WASTE 6" DEEP APPROX. LIMIT OF CONCENTRATED WASTE AREAS EXISTING ROUGH CLEARED PATH LEGEND (E) = EXISTING, (P) = PROPOSED (PF) = PERFORATED, (S) = SOLIDCONCRETE STRUCTURE SHALL BE DEMOLISHED AND REMOVED. GRADE EVEN WITH SURROUNDING AREA TO ACHIEVE POSITIVE DRAINAGE. SEE NOTE 2 BRUSH AND DEBRIS IN THIS AREA SHALL BE CLEARED TO EDGE OF PROPERTY TO ALLOW FOR ACCESS N-1 N-2 N-3 N-12 N-6 N-5 N-4 N-7 N-8 N-9 S-5 S-1 S-6 S-2 S-9 S-8 S-3 S-12 S-4 S-11 S-7 S-10 ALL MONITORING WELLS SHALL BE ADEQUATELY ABANDONED SEE NOTE 3 SEE NOTE 3 CAR CHASSIS TO BE REMOVED MW-4MW-1MW-2MW-3concreteEIPN - 839751.949'E - 2148429.829'EL - 474.72'EIPN - 839438.628'E - 2148333.383'EL - 479.74'EIP, BentEIP, BentEIPN - 839812.587'E - 2147909.826'EL - 460.44'EIPN - 838930.204'E - 2148175.190'EL - 482.56'EIPN - 838136.017'E - 2147972.904'EL - 472.51'EIPEIPEIP470465460455486485480475475470465460455450450445440 435440445450460465470475460445440450 470 480 smallstreambeginningpoint of streamEIP, bent withnail set at baseN - 838054.591'E - 2149149.840'EL - 436.60'N - 839628.377'E - 2149519.485'469.64'El=461.45'El=447.27'El=445.47'El=437.16'El=435.57'TBM-437.03'El=452.36'ditchditchXXXXX X X X X X X X X X X X X X X X X X X XXXXXXXX449.5 449.5 440.5 442 440.5 UTILITY E A S E M E N T LONG M I L L R D np9np10np8np2np6np7np4np3np11np13np12np14np15sp1s carFebruary, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date @ COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton Feb 20, 2018 - 10:23am - C:\Users\KHylton\appdata\local\temp\AcPublish_6844\66U-0089-001 JH Winston Landfill C3D.dwgErosion & Sediment Control Plan 3.0 NA KHH DAK 4 of 6(1 ft contours) Scale: 1" = 80' EXISTING CONDITIONS1 0 80'160' SEDIMENT BASIN BAFFLE BAFFLE SHALL BE OF SUFFICIENT LENGTH TO PROVIDE A MINIMUM FLOW PATH OF 230 FT FROM NEAREST INLET POINT 1. SEE SHEETS 3.1 & 3.2 FOR E&S DETAILS 2. CONTRACTOR SHALL EXERCISE CARE IN ALL TREE CLEARING EFFORTS TO MINIMIZE CLEARING TO ONLY TREES REQUIRED TO PERFORM WORK AND SATISFY DESIGN SPECIFICATIONS. 3. THERE ARE NO RESOURCE PROTECTION AREAS MAPPED ON THIS SITE. SECURITY FENCE (E) TREE LINE SILT FENCE DIVERSION (E) MAJOR TOPO (E) MINOR TOPO PROPERTY LINE SOIL MAP LIMITS LEGEND (E) = EXISTING, (P) = PROPOSED WASTE AREAS: DISTURBED AREA = 9.3 ACRES BASIN DRAINAGE AREA = 21.9 ACRES SF MU PS SILT FENCE PERMANENT SEEDING MULCH CE CONSTRUCTION ENTRANCE DD DIVERSION DIKE CE SF SF SF SF SF SF SF SF DD DD DD DD DD DD DD SB OUTLET OF BASIN SHALL BE A MINIMUM OF 50 FT FROM FIELD LOCATED BEGINNING POINT OF STREAM AND WETLAND SECURITY FENCE WITH LOCKABLE GATE SILT FENCE ALONG SECURITY FENCE AND PROPERTY LINE SF SF SITE ACCESSPROVIDE ADEQUATE TURN AROUND SPACE FOR CONSTRUCTION VEHICLES PROVIDE PARKING SPACES AS NECESSARY FOR WORKERS AND SUBCONTRACTORS SR SURFACE ROUGHENING SB SEDIMENT BASIN N WOOD AND CHIPPINGSTOCK PILETOPSO I L STOCK P I L E SOILSTOCK P I L E VEGET A T I V E DEBRIS S T O C K P I L E SR PS MU SR PS MU SR PS MU SR PS MU SR PS MU February, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date @ COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton Feb 20, 2018 - 10:23am - C:\Users\KHylton\appdata\local\temp\AcPublish_6844\66U-0089-001 JH Winston Landfill C3D.dwgErosion & Sediment Control Details (1 of 2) 3.1 NA KHH DAK 5 of 6 SHEET FLOW INSTALLATION (PERSPECTIVE VIEW) CONSTRUCTION OF A SILT FENCE (WITH AND WITHOUT WIRE SUPPORT) POINTS A SHOULD BE HIGHER THAN POINT B. DRAINAGEWAY INSTALLATION(FRONT ELEVATION) A B FLOW A3'MAX. FILTER CLOTH 25' MIN. EXISTING GROUND FILTER CLOTH 5' MIN. MIN.10' 10' MIN. EXISTINGPAVEMENT MOUNTABLE BERM (OPTIONAL) A 10' MIN. EXISTING PAVEMENT STONE CONSTRUCTION ENTRANCE SECTION A-A PLAN VIEW 3" MIN. 3" MIN. * MUST EXTEND FULL WIDTH OF INGRESS AND EGRESS OPERATION 50' MIN. 6" MIN.A SIDE ELEVATION * 5:13' 25' MIN. EXTENSION OF FDAKIC INTO THE TRENCH. FILTER FDAKIC FLOW 4" FLOW 3. BACKFILL AND COMPACT THE EXCAVATED SOIL. 1. SET POSTS AND EXCAVATE A 4"X4" TRENCH UPSLOPE ALONG THE LINE OF POSTS. 2. ATTACH FILTER MATERIAL TO STAKES (WITHOUT WIRE SUPPORT), TO WIRE FENCE (WITH WIRE SUPPORT) AND EXTEND IT INTO THE TRENCH. CE SF FLOW GENERAL EROSION AND SEDIMENT CONTROL NOTES ES-1: UNLESS OTHERWISE INDICATED, ALL VEGETATIVE AND STRUCTURAL EROSION AND SEDIMENT CONTROL PRACTICES SHALL BE CONSTRUCTED AND MAINTAINED ACCORDING TO MINIMUM STANDARDS AND SPECIFICATIONS OF THE NORTH CAROLINA EROSION & SEDIMENT CONTROL PLANNING AND DESIGN MANUAL 2013. ES-2: THE LOCAL AUTHORITY HAVING JURISDICTION SHALL BE NOTIFIED OF THE PRE-CONSTRUCTION CONFERENCE. LOCAL AUTHORITIES HAVING JURISDICTION WILL MAKE A CONTINUING REVIEW AND EFFECTIVENESS OF THE METHODS AND EFFECTIVENESS OF THE EROSION CONTROL PLAN. ES-3: ALL EROSION AND SEDIMENT CONTROL MEASURES SHALL BE PLACED PRIOR TO OR AS THE FIRST STEP IN CLEARING, GRADING, OR LAND DISTURBANCE. ES-4: ALL EXISTING EROSION CONTROL MEASURES WHICH SERVE THIS SITE SHALL REMAIN IN PLACE AND SHALL BE MAINTAINED UNTIL THE AREAS THEY SERVE HAVE BEEN STABILIZED. ES-5: ALL STREETS AND ROADWAYS SHALL BE MAINTAINED FREE OF MUD AND DIRT, AND CONTROL DUST AS NECESSARY. ES-6: A COPY OF THE APPROVED EROSION AND SEDIMENT CONTROL PLAN SHALL BE MAINTAINED ON THE SITE AT ALL TIMES. ES-7: PROVIDE ADDITIONAL EROSION CONTROL MEASURES NECESSARY TO PREVENT EROSION AND SEDIMENTATION AS DETERMINED BY THE LOCAL AUTHORITY HAVING JURISDICTION. ES-8: ALL DISTURBED AREAS SHALL DRAIN TO APPROVED SEDIMENT CONTROL MEASURES AT ALL TIMES DURING LAND-DISTURBING ACTIVITIES AND DURING SITE DEVELOPMENT. ES-9: DURING DE-WATERING OPERATIONS, WATER SHALL BE PUMPED INTO AN APPROVED FILTERING DEVICE. ES-10: INSPECT ALL EROSION CONTROL MEASURES DAILY AND AFTER EACH RUNOFF PRODUCING RAINFALL EVENT. ANY NECESSARY REPAIRS OR CLEANUP TO MAINTAIN THE EFFECTIVENESS OF THE EROSION CONTROL DEVICES SHALL BE MADE IMMEDIATELY. ES-11: PRIOR TO ANY LAND DISTURBING ACTIVITIES THE CONTRACTOR SHALL DESIGNATE A RESPONSIBLE LAND DISTURBER (RLD) TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) IN ACCORDANCE WITH THE VIRGINIA EROSION AND SEDIMENT CONTROL ACT SECTION 62.1-44.15:55 B. MAINTENANCE ALL EROSION AND SEDIMENT CONTROL MEASURES SHALL BE CHECKED DAILY AND AFTER EACH RUN OFF PRODUCING RAINFALL. THE FOLLOWING ITEMS SHALL BE CHECKED IN PARTICULAR: A. THE ENTRANCE SHALL BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR FLOW OF MUD ONTO PUBLIC RIGHTS-OF-WAY. THIS MAY REQUIRE PERIODIC TOP DRESSING WITH ADDITIONAL STONE OR THE WASHING AND REWORKING OF EXISTING STONE AS CONDITIONS DEMAND AND REPAIR AND/OR CLEANOUT OF ANY STRUCTURES USED TO TRAP SEDIMENT. ALL MATERIALS SPILLED, DROPPED, WASHED, OR TRACKED FROM VEHICLES ONTO ROADWAYS ON INTO STORM DRAINS MUST BE REMOVED IMMEDIATELY. THE USE OF WATER TRUCKS TO REMOVE MATERIAL DROPPED, WASHED, OR TRACKED ONTO ROADWAYS WILL NOT BE PERMITTED UNDER ANY CIRCUMSTANCES. B. THE SILT FENCE BARRIER SHALL BE CHECKED FOR UNDERMINING OR DETERIORATION OF THE FABRIC. SEDIMENT SHALL BE REMOVED WHEN THE LEVEL OF SEDIMENT DEPOSITION REACHES HALF WAY TO THE TOP OF THE BARRIER. ALL DAMAGES SHALL BE REPAIRED IMMEDIATELY. C. SEEDED AREAS SHALL BE CHECKED TO ENSURE THAT A GOOD STAND IS MAINTAINED. AREAS SHALL BE FERTILIZED AND RESEEDED AS NEEDED. D. ALL MULCHES AND SOIL COVERINGS SHOULD BE INSPECTED PERIODICALLY TO CHECK FOR EROSION. WHERE EROSION IS OBSERVED IN MULCHED AREAS, ADDITIONAL MULCH SHOULD BE APPLIED. NETS AND MATS SH OUDL BE INSPECTED AFTER RAINSTORMS FOR DISLOCATION OR FAILURE. IF WASHOUTS OR BREAKAGE OCCUR, RE-INSTALL NETTING OR MATTING AFTER REPAIRING DAMAGE TO SLOPE OR DITCH. INSPECTIONS SHOULD TAKE PLACE UP UNTIL GRASSES ARE FIRMLY ESTABLISHED TYPICAL TRAPEZOIDAL DIVERSION 18" 18" 10% SETTLEMENT DIVERSION DIKEDD GROOVING IS CUTTING FURROWS ALONG THE CONTOUR OF A SLOPE. IRREGULARITIES IN THE SOIL SURFACE CATCH RAINWATER AND PROVIDE SOME COVERAGE OF LIME, FERTILIZER AND SEED. WATER, SOIL AND FERTILIZER ARE HELD BY STEPS - PLANTS CAN BECOME ESTABLISHED ON THE STEPS. DEBRIS FROM SLOPE ABOVE IS CAUGHT BY STEPS DOZER TREADS CREATE GROOVES PERPENDICULAR TO THE SLOPE. EACH LIFT OF THE FILL IS COMPACTED, BUT THE OUTER FACE OF THE SLOPE IS ALLOWED TO REMAIN LOOSE SO THAT THE ROCKS, CLODS, ETC. REACH THE NATURAL ANGLE OF REPOSE. SURFACE ROUGHENINGSR NCDOT NO. 2 WASHED STONE MIN 6" THICK W/ 8 OZ/SY UNDERLYING FILTER FABRIC 420 430 440 450 460 470 420 430 440 450 460 470 0+00 1+00 2+00 3+00 4+00 4+26 TOP OF BASIN EMBANKMENT ELEV. 451.0 CLASS I RIPRAP OUTLET ϰϮΗTZ/^Z^dZhdhZϯϬΗTKEh/d NORMAL POOL TOP OF RISER ELEV. 448.0 EXCAVATE MATERIAL FROM BOTTOM OF BASIN TO CONSTRUCT EMBANKMENT EXISTING GRADE PROVIDE ADEQUATE BALLAST TO COUNTER BUOYANCY OF RISER 100' MIN @ 1%100' MIN @ 4% TO DAYLIGHT CUT-OFF TRENCH 2 FT DEPTH MIN. ANTI-SEEP COLLAR 430 440 450 460 470 430 440 450 460 470 0+00 1+00 2+00 3+00 3+64 TOP OF BASIN EMBANKMENT ELEV. 451.0 DIVERSION DIKE BEYOND SHALL TIE INTO BASIN EMBANKMENT (TOP OF DIKE AT ELEV 451.0 MIN) TOP OF RISER/NORMAL POOL ELEV. 448.0 ϰϮΗTZ/^Z^dZhdhZ AUXILIARY SPILLWAY 12 FT WIDE x 1 FT DEEP (MIN) EXISTING GRADE MAX DESIGN POOL ELEV. 450.0 CUT-OFF TRENCH 2 FT DEPTH MIN. CUT-OFF TRENCH EXTENDS THROUGH EMBANKMENT TO ELEV 448.0 AT EACH ENDXX X XX449.5449.5440.5442440.5February, 2018 66U-0089-0002 Prepared For: REV.CHK.DR. Froehling & Robertson, Inc. Raleigh, North Carolina 310 Hubert St SHEET SCALE PROJECT DATE General Notes Revision/IssueNo.Date @ COPYRIGHT 2012 FROEHLING & ROBERTSON, INC. ALL RIGHTS RESERVED NC Department of Environmental Quality JH Winston Dump Remedial Action PlanFroehling and Robertson, Inc. makes no representation or warranties, express or implied, with respect to the reuse of the data provided herewith, regardless of its format or the means ofits transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability or reliability of this data for any purpose. The user accepts the data "as is", andassumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access or any part of it to another party unless the user shall includewith the data a copy of this disclaimer. Froehling and Robertson, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this dataX-Refs = STD 24x36 bdr | JHWinston Topo Survey | JH Winston NONCD0000311KHylton Feb 20, 2018 - 10:24am - C:\Users\KHylton\appdata\local\temp\AcPublish_6844\66U-0089-001 JH Winston Landfill C3D.dwgErosion & Sediment Control Details (2 of 2) 3.2 NA KHH DAK 6 of 6(1 ft contours) Scale: 1" = 30' SEDIMENT BASIN1 0 30'60' 2 5.1 Horizontal Scale: 1" = 30' Vertical Scale: 1" = 10' SEDIMENT BASIN3 0 30'60'0 10'20' Horizontal Scale: 1" = 30' Vertical Scale: 1" = 10' SEDIMENT BASIN2 0 30'60'0 10'20' 3 5.1 CLASS I RIPRAP OUTLET APRON 24 FT LONG x 27 FT WIDE AT END AUXILIARY SPILLWAY CONTROL SECTION AT 449.5 SILT FENCE DIVERSION DIKE SOLID BAFFLE 42" RISER SILT FENCE DIVERSION DIKE TOP OF DIKE AT ELEV. 451.0 MIN DIVERSION DIKE JOINS WITH TOP OF BASIN EMBANKMENT STOP TOP OF BASIN EMBANKMENT SHORT TO ALLOW DRAINAGE FROM DIKE TO ENTER BASIN AT ELEV. 448.0 230 FT FLOW PATH MIN 30" CONDUIT STANDARD SKIMMER CONSTRUCTION BASIN BOTTOM WATER SURFACE NOTES: ORIFICE DIAMETER MUST BE EQUAL TO OR LESS THAN ARM DIAMETER A ROPE SHALL BE ATTACHED TO THE SKIMMER ARM TO FACILITATE ACCESS TO THE SKIMMER ONCE INSTALLED. SKIMMER SHALL BE INSPECTED WEEKLY AND AFTER EACH RUNOFF EVENT. ANY MALFUNCTIONING SKIMMER SHALL BE REPAIRED OR REPLACED WITHIN 24 HOURS OF INSPECTION. ICE OR SEDIMENT BUILDUP AROUND THE PRINCIPAL SPILLWAY SHALL BE REMOVED SO AS TO ALLOW THE SKIMMER TO RESPOND TO FLUCTUATING WATER ELEVATIONS. SEDIMENT SHALL BE REMOVED FROM THE BASIN WHEN IT REACHES THE LEVEL MARKED ON THE SEDIMENT CLEAN-OUT STAKE OR THE TOP OF THE LANDING DEVICE. A SEMI-CIRCULAR LANDING ZONE MAY BE SUBSTITUTED FOR THE GUIDE RAILS ALL ORIFICES ON RISER BELOW TEMPORARY RISER EXTENSION SHALL HAVE WATER-TIGHT TEMPORARY SEALS PROVIDED. TEMPORARY STUB INVERT ELEVATION SHALL BE SET AT OR BELOW SEDIMENT CLEAN-OUT ELEVATION. SKIMMER ATTACHED TO PERMANENT RISER SECTION VIEW ARM ASSEMBLY GUIDE RAILS PVC VENT PIPEPVC ELBOW SCH 40 PVC PIPE ORIFICE PLATE T SCH 40 PVC PIPE FLEXIBLE HOSE PVC END CAP PVC VENT PIPE 'C' ENCLOSURE PERSPECTIVE VIEW FRONT VIEWEND VIEW SEDIMENT STORAGE ELEVATION LANDING DEVICE CLEAN-OUT ELEVATION WATER SURFACE ELEVATION (WSE) AT TOP OF DEWATERING ZONE PVC VENT PIPE TRASH RACK FLEXIBLE HOSE SECURELY CLAMPED TO TEMPORARY STUB TEMP. STUB BARREL WATER TIGHT SEALS ALL JOINTS SKIMMER ARM (DEWATERING TUBE) WATER ENTRY UNIT ARM L ENG TH STRUCTURE CREST ELEVATION TEMP RISER STUB INLET BARREL INLET TEMPORARY SEDIMENT BASINSB POROUS BAFFLE PROPOSED CONTOURS MAY VARY CONTRACTOR SHALL EXCAVATE MATERIAL AS NEEDED TO CONSTRUCT SEDIMENT BASIN EMBANKMENT END OF OUTLET PIPE N: 838054.0 E: 2148812.0 APPROX. LOCATION OF BEGINNING OF STREAM N: 838010.0 E: 2148824.0 2 5.1 STAKE FOR SUPPORT WIRE SUPPORT ROPE OR WIRE TO PREVENT SAGGING 4'MAX 1.25 LB/FT STEEL SUPPORT POST 24" INTO BOTTOM OR SIDES SLOPES COIR-BASED MATERIALS OR TRMs, TRENCHED INTO BOTTOM AND SIDE SLOPES FLAT-BOTTOM TRENCH DETAIL V-SHAPED TRENCH DETAIL BAFFLE MATERIAL BAFFLE MATERIAL BAFFLE MATERIAL BAFFLE MATERIAL CROSS SECTION VIEW PERSPECTIVE VIEW BOTTOM OF SEDIMENT BASIN OR TRAP SIDE SLOPES OF SEDIMENT BASIN OR TRAP POROUS BAFFLE ROW 10' MIN.CONCENTRATED INFLOW NON-CONCENTRATED OUTFLOW 3' MIN. POROUS BAFFLESPB BAFFLES - POST REQUIREMENTS 1. POROUS BAFFLE POSTS MUST BE 60-INCH TO 96-INCH LONG STEEL POSTS THAT MEET, AT A MINIMUM, THE FOLLOWING PHYSICAL CHARACTERISTICS. - COMPOSED OF A HIGH STRENGTH STEEL WITH A MINIMUM YIELD STRENGTH OF 50,000 PSI. - INCLUDE A STANDARD "T" SECTION WITH A NOMINAL FACE WIDTH OF 1.38-INCHES AND A NOMINAL "T" LENGTH OF 1.48-INCHES. -t/',ϭ͘ϮϱWKhE^WZ&KKd;цϴйͿ 2. POSTS SHALL BE EQUIPPED WITH PROJECTIONS TO AID IN FASTENING OF BAFFLE MATERIAL. 3. INSTALL POSTS TO A MINIMUM OF 24-INCHES. A MINIMUM HEIGHT OF 1- TO 2- INCHES ABOVE THE FABRIC SHALL BE MAINTAINED, AND A MAXIMUM HEIGHT OF 3 FEET SHALL BE MAINTAINED ABOVE THE GROUND. 4. POST SPACING SHALL BE AT A MAXIMUM OF 4-FEET ON CENTER. BAFFLES - MATERIAL REQUIREMENTS 1. BAFFLE MATERIAL MUST BE COMPOSED OF COIR-BASED MATERIALS OR TURF REINFORCEMENT MATTING (TRM) THAT CONSISTS OF THE FOLLOWING REQUIREMENTS: - HAVE A LIGHT PENETRATION (% OPENINGS) BETWEEN 10-35%; - FREE OF LOOSE STRAW MATERIAL; - HAVE A MINIMUM TENSILE STRENGTH OF 145 LB/FT; AND, - HAVE A MINIMUM WIDTH OF 48-INCHES. 2. 12-INCHES OF THE FABRIC SHOULD BE PLACED WITHIN EXCAVATED TRENCH AND TOED IN WHEN THE TRENCH IS BACKFILLED OR BAFFLE MATERIAL MAY BE STAPLED INTO GROUND BY USING 12-INCH STAPLES WITH A MAXIMUM SPACING OF 12-INCHES. 3. BAFFLE MATERIAL SHALL BE PURCHASED IN CONTINUOUS ROLLS AND CUT TO THE WIDTH OF THE SEDIMENT BASIN OR TRAP TO AVOID JOINTS. 1. THE KEY TO FUNCTIONAL POROUS BAFFLES IS WEEKLY INSPECTION, ROUTINE MAINTENANCE, AND REGULAR SEDIMENT REMOVAL. 2. REGULAR INSPECTIONS OF POROUS BAFFLES SHALL BE CONDUCTED ONCE EVERY CALENDAR WEEK AND, AS RECOMMENDED, WITHIN 24-HOURS AFTER EACH RAINFALL EVEN THAT PRODUCES 1/2-INCH OR MORE OF PRECIPITATION. 3. ATTENTION TO SEDIMENT ACCUMULATIONS ALONG EACH ROW OF BAFFLES IS EXTREMELY IMPORTANT. ACCUMULATED SEDIMENT SHOULD BE CONTINUALLY MONITORED AND REMOVED WHEN NECESSARY. 4. REMOVE ACCUMULATED SEDIMENT WHEN IT REACHES 1/3 THE HEIGHT OF THE BAFFLE ROW OR WHEN IT REACHES THE CLEAN-OUT HEIGHT OF THE SEDIMENT BASIN OR TRAP, WHICHEVER IS REACHED FIRST. 5. REMOVED SEDIMENT SHALL BE PLACED IN STOCKPILE STORAGE AREAS OR SPREAD THINLY ACROSS DISTURBED AREA. STABILIZE THE REMOVED SEDIMENT AFTER IT IS RELOCATED. 6. CHECK FOR AREAS WHERE STORMWATER RUNOFF HAS ERODED A CHANNEL BENEATH EACH ROW OF BAFFLES, OR WHERE THE BAFFLE HAS SAGGED OR COLLAPSED DUE TO RUNOFF OVERTOPPING THE BAFFLE. 7. CHECK FOR TEARS/RIPS WITHIN THE BAFFLES, AREAS WHERE THE BAFFLE HAS BEGUN TO DECOMPOSE, AND FOR ANY OTHER CIRCUMSTANCE THAT MAY RENDER THE BAFFLE INEFFECTIVE. REMOVED DAMAGED BAFFLES AND REINSTALL NEW BAFFLES IMMEDIATELY. 8. POROUS BAFFLES SHOULD BE REMOVED WITHIN 30 DAYS AFTER FINAL STABILIZATION IS ACHIEVED AND ONCE IT IS REMOVED, THE RESULTING DISTURBED AREA SHALL BE PERMANENTLY STABILIZED. BAFFLES - INSPECTION & MAINTENANCE BAFFLES - GENERAL NOTES 1. ATTACH BAFFLE TO THE STEEL POSTS USING HEAVY-DUTY PLASTIC TIES THAT ARE EVENLY SPACED ALONG THE ABOVE GROUND PORTION OF EACH POST. 2. INSTALL THE BAFFLE ROWS PERPENDICULAR TO THE DIRECTION OF THE STORMWATER FLOW AND PLACE EACH BAFFLE THE PROPER DISTANCE FROM INLET AND OUTLETS TO ALLOW ACCESS FOR MAINTENANCE AND CLEAN-OUT. PB PB PB PB LANDING DEVICE Appendix C Storm Water, Erosion and Sediment Control Plan J.H. Winston Dump Recommended Construction Sequence Sequence of Construction 1. Install the construction entrance. 2. Clear only those areas necessary to install initial E&S measures (perimeter silt fence barrier, temporary sediment basin, and diversion dikes) and complete all erosion control measures prior to clearing/grubbing and waste collection activities. Apply permanent seed to those areas where E&S measures were installed. 3. Locate and properly abandon the six monitoring wells on the site using a North Carolina licensed well driller, and remove all well materials from the site. 4. Harvest mature trees larger than 6‐inches in diameter, cutting at the base of the tree and leaving stumps in place such that waste and underlying soils are not disturbed. Transport the mature trees off‐site for processing. 5. Collect the remaining vegetation in disturbed areas for chipping on‐site and neatly stockpile in an upland area. Remove stumps and properly dispose of those that are not suitable for chipping. No burning of stumps, vegetation, and/or waste is allowed. 6. Divide the waste disposal area into smaller manageable work areas, working from lower areas in an uphill fashion. Work shall subsequently progress into higher areas such that equipment does not track over completed and seeded areas 7. Collect large metal objects, such as tractor frames and white goods, and segregate for the purpose of recycling. Collect and segregate tires and dispose of at an appropriate facility. Use of separate roll‐off dumpsters to collect metals and tires is recommended. 8. Collect other debris and general waste and transport to a permitted landfill facility. Any waste material that is collected each workday that cannot be delivered to the landfill may be stockpiled within the perimeter of the identified waste area for removal the next day. Any exposed and disturbed waste shall be covered at the end of each work day and prior to any stormwater runoff producing event. 9. During waste collection activities, segregate and stockpile any soil encountered that can be confirmed to be free of waste. This material shall be re‐used during re‐grading and site stabilization activities. 10. Segregate potential suspect asbestos‐containing materials (ACMs) and dispose of as appropriate in accordance with the approved ACM Management Plan. 11. Confirmation soil samples will be collected by the Engineer when excavation of the surficial waste is complete in each work area. Conduct additional excavation as directed in areas with detections of compounds above the Site Specific SRG concentrations and dispose of at an appropriate permitted facility, and continue until laboratory analysis indicates conditions are below the Site Specific SRG. 12. Subsequent to confirmation of waste removal in each area, re‐grade the subgrade and blend to mirror the existing topography as indicated in the Proposed Site Plan. Cut and fill irregular areas (including but not limited to stump holes and previous areas of excavated waste) as necessary to achieve positive drainage and maintain stable slope conditions with no grades exceeding 5H:1V. 13. Scarify surface approximately 6 inches in preparation of soil amendments and stabilization. Amend soil with lime and fertilizer as needed per soil nutrient analysis. 14. Permanently stabilize disturbed work areas within 7 days of completion of final grading activities to establish the permanent vegetative cover. Apply wood chips and cover seeded area approximately 1 inch in thickness. 15. Repeat the sequence above in manageable work areas until the Waste Disposal Areas are verified to be cleared, tested, free of waste, and permanently seeded and mulched. 16. After permanent vegetative cover of disturbed areas is established, remove the temporary erosion control measures. Remove diversion dikes and the sediment basin by depositing the soils used to construct those features into the dike(s) or basin interior and grade to drain. Permanently seed and mulch those areas. 17. Maintain seeded areas until adequate grass cover is established and final stabilization is approved. 18. Demobilize from site and remove all equipment, materials, trash, etc. Appendix D Storm Water, Erosion and Sediment Control Plan J.H. Winston Dump Soils Report United States Department of Agriculture A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Franklin County, North Carolina J.H. Winston Dump Natural Resources Conservation Service August 24, 2017 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/contactus/? cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface....................................................................................................................2 Soil Map..................................................................................................................5 Soil Map................................................................................................................6 Legend..................................................................................................................7 Map Unit Legend..................................................................................................8 Map Unit Descriptions.......................................................................................... 8 Franklin County, North Carolina......................................................................11 AaA—Altavista sandy loam, 0 to 3 percent slopes, rarely flooded..............11 ApB—Appling loamy sand, 2 to 6 percent slopes.......................................12 CaB—Cecil sandy loam, 2 to 6 percent slopes...........................................14 CaC—Cecil sandy loam, 6 to 10 percent slopes.........................................15 PaC2—Pacolet clay loam, 6 to 10 percent slopes, moderately eroded......16 Ud—Udorthents, loamy...............................................................................18 VaB—Vance sandy loam, 2 to 6 percent slopes..........................................19 W—Water....................................................................................................20 WeC—Wedowee sandy loam, 6 to 10 percent slopes................................21 WvA—Wehadkee loam, 0 to 1 percent slopes, inundated..........................22 References............................................................................................................24 4 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 5 6 Custom Soil Resource Report Soil Map 3992300399240039925003992600399270039928003992900399300039931003993200399330039924003992500399260039927003992800399290039930003993100399320039933003993400724800 724900 725000 725100 725200 725300 725400 725500 725600 725700 725800 725900 726000 726100 726200 726300 726400 724800 724900 725000 725100 725200 725300 725400 725500 725600 725700 725800 725900 726000 726100 726200 726300 726400 36° 3' 31'' N 78° 30' 17'' W36° 3' 31'' N78° 29' 10'' W36° 2' 56'' N 78° 30' 17'' W36° 2' 56'' N 78° 29' 10'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 350 700 1400 2100Feet 0 100 200 400 600Meters Map Scale: 1:7,630 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Franklin County, North Carolina Survey Area Data: Version 17, Sep 19, 2016 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jun 25, 2014—Mar 5, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report 7 Map Unit Legend Franklin County, North Carolina (NC069) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI AaA Altavista sandy loam, 0 to 3 percent slopes, rarely flooded 10.8 4.6% ApB Appling loamy sand, 2 to 6 percent slopes 51.2 21.7% CaB Cecil sandy loam, 2 to 6 percent slopes 84.1 35.6% CaC Cecil sandy loam, 6 to 10 percent slopes 30.8 13.0% PaC2 Pacolet clay loam, 6 to 10 percent slopes, moderately eroded 0.1 0.1% Ud Udorthents, loamy 36.8 15.5% VaB Vance sandy loam, 2 to 6 percent slopes 2.3 1.0% W Water 1.8 0.8% WeC Wedowee sandy loam, 6 to 10 percent slopes 18.1 7.7% WvA Wehadkee loam, 0 to 1 percent slopes, inundated 0.3 0.1% Totals for Area of Interest 236.5 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties Custom Soil Resource Report 8 and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Custom Soil Resource Report 9 Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. Custom Soil Resource Report 10 Franklin County, North Carolina AaA—Altavista sandy loam, 0 to 3 percent slopes, rarely flooded Map Unit Setting National map unit symbol: 3s4q Elevation: 200 to 1,400 feet Mean annual precipitation: 37 to 60 inches Mean annual air temperature: 59 to 66 degrees F Frost-free period: 200 to 240 days Farmland classification: All areas are prime farmland Map Unit Composition Altavista and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Altavista Setting Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Old loamy alluvium derived from igneous and metamorphic rock Typical profile Ap - 0 to 8 inches: fine sandy loam E - 8 to 12 inches: fine sandy loam BE - 12 to 15 inches: sandy clay loam Bt - 15 to 35 inches: clay loam BC - 35 to 42 inches: sandy loam C - 42 to 80 inches: coarse sandy loam Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Moderately well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 18 to 30 inches Frequency of flooding: Rare Frequency of ponding: None Available water storage in profile: High (about 9.6 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 2w Hydrologic Soil Group: C Hydric soil rating: No Minor Components State Percent of map unit: 8 percent Landform: Stream terraces Custom Soil Resource Report 11 Landform position (three-dimensional): Tread Down-slope shape: Convex Across-slope shape: Linear Hydric soil rating: No Roanoke, undrained Percent of map unit: 1 percent Landform: Backswamps on stream terraces, depressions on stream terraces Landform position (three-dimensional): Flat Down-slope shape: Concave Across-slope shape: Linear Hydric soil rating: Yes Chewacla Percent of map unit: 1 percent Landform: Flood plains Down-slope shape: Concave Across-slope shape: Linear Hydric soil rating: No Wehadkee, undrained Percent of map unit: 0 percent Landform: Depressions on flood plains Down-slope shape: Concave Across-slope shape: Linear Hydric soil rating: Yes ApB—Appling loamy sand, 2 to 6 percent slopes Map Unit Setting National map unit symbol: 3s4r Elevation: 200 to 1,400 feet Mean annual precipitation: 37 to 60 inches Mean annual air temperature: 59 to 66 degrees F Frost-free period: 200 to 240 days Farmland classification: All areas are prime farmland Map Unit Composition Appling and similar soils: 85 percent Minor components: 9 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Appling Setting Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Parent material: Saprolite derived from granite and gneiss and/or schist Custom Soil Resource Report 12 Typical profile Ap - 0 to 5 inches: loamy sand Bt - 5 to 44 inches: sandy clay BC - 44 to 80 inches: clay loam Properties and qualities Slope: 2 to 6 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: High (about 9.1 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 2e Hydrologic Soil Group: B Hydric soil rating: No Minor Components Vance Percent of map unit: 5 percent Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Hydric soil rating: No Helena Percent of map unit: 2 percent Landform: Ridges Landform position (two-dimensional): Summit, footslope Landform position (three-dimensional): Interfluve Down-slope shape: Concave Across-slope shape: Concave Hydric soil rating: No Wedowee Percent of map unit: 2 percent Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Hydric soil rating: No Custom Soil Resource Report 13 CaB—Cecil sandy loam, 2 to 6 percent slopes Map Unit Setting National map unit symbol: 2spnw Elevation: 200 to 1,400 feet Mean annual precipitation: 39 to 47 inches Mean annual air temperature: 55 to 63 degrees F Frost-free period: 200 to 250 days Farmland classification: All areas are prime farmland Map Unit Composition Cecil and similar soils: 95 percent Minor components: 5 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Cecil Setting Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Parent material: Saprolite derived from granite and gneiss and/or saprolite derived from schist Typical profile Ap - 0 to 8 inches: sandy loam Bt - 8 to 42 inches: clay BC - 42 to 50 inches: clay loam C - 50 to 80 inches: loam Properties and qualities Slope: 2 to 6 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 7.1 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 2e Hydrologic Soil Group: A Hydric soil rating: No Custom Soil Resource Report 14 Minor Components Pacolet, moderately eroded Percent of map unit: 5 percent Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Hydric soil rating: No CaC—Cecil sandy loam, 6 to 10 percent slopes Map Unit Setting National map unit symbol: 2spnx Elevation: 200 to 1,400 feet Mean annual precipitation: 39 to 47 inches Mean annual air temperature: 55 to 63 degrees F Frost-free period: 200 to 250 days Farmland classification: Farmland of statewide importance Map Unit Composition Cecil and similar soils: 95 percent Minor components: 5 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Cecil Setting Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Parent material: Saprolite derived from granite and gneiss and/or saprolite derived from schist Typical profile Ap - 0 to 8 inches: sandy loam Bt - 8 to 42 inches: clay BC - 42 to 50 inches: clay loam C - 50 to 80 inches: loam Properties and qualities Slope: 6 to 10 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: More than 80 inches Custom Soil Resource Report 15 Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 7.1 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3e Hydrologic Soil Group: A Hydric soil rating: No Minor Components Pacolet, moderately eroded Percent of map unit: 3 percent Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Hydric soil rating: No Spartanburg Percent of map unit: 2 percent Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Hydric soil rating: No PaC2—Pacolet clay loam, 6 to 10 percent slopes, moderately eroded Map Unit Setting National map unit symbol: 3s59 Elevation: 200 to 1,400 feet Mean annual precipitation: 37 to 60 inches Mean annual air temperature: 59 to 66 degrees F Frost-free period: 200 to 240 days Farmland classification: Farmland of statewide importance Map Unit Composition Pacolet, moderately eroded, and similar soils: 90 percent Minor components: 9 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Pacolet, Moderately Eroded Setting Landform: Hillslopes on ridges Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Custom Soil Resource Report 16 Down-slope shape: Linear Across-slope shape: Convex Parent material: Saprolite derived from granite and gneiss and/or schist Typical profile A - 0 to 7 inches: sandy clay loam B - 7 to 28 inches: clay B - 28 to 44 inches: sandy clay loam C - 44 to 80 inches: sandy loam Properties and qualities Slope: 6 to 10 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 7.6 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3e Hydrologic Soil Group: B Hydric soil rating: No Minor Components Madison, moderately eroded Percent of map unit: 8 percent Landform: Hillslopes on ridges Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down-slope shape: Linear Across-slope shape: Convex Hydric soil rating: No Spartanburg, moderately eroded Percent of map unit: 1 percent Landform: Hillslopes on ridges Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down-slope shape: Linear Across-slope shape: Convex Hydric soil rating: No Custom Soil Resource Report 17 Ud—Udorthents, loamy Map Unit Setting National map unit symbol: 3s5n Elevation: 200 to 1,400 feet Mean annual precipitation: 37 to 60 inches Mean annual air temperature: 50 to 66 degrees F Frost-free period: 145 to 240 days Farmland classification: Not prime farmland Map Unit Composition Udorthents, loamy, and similar soils: 85 percent Minor components: 8 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Udorthents, Loamy Setting Landform: Hillslopes on ridges Landform position (two-dimensional): Shoulder, summit, backslope Landform position (three-dimensional): Side slope Down-slope shape: Linear Across-slope shape: Convex Parent material: Loamy and clayey human transported material derived from igneous, metamorphic and sedimentary rock Typical profile C - 0 to 80 inches: sandy clay loam Properties and qualities Slope: 0 to 25 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Very low to high (0.00 to 1.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 8.4 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7e Hydrologic Soil Group: C Hydric soil rating: No Custom Soil Resource Report 18 Minor Components Urban land Percent of map unit: 8 percent Landform: Hillslopes on ridges Landform position (two-dimensional): Summit, shoulder, backslope Landform position (three-dimensional): Side slope Down-slope shape: Linear Across-slope shape: Convex Hydric soil rating: No VaB—Vance sandy loam, 2 to 6 percent slopes Map Unit Setting National map unit symbol: 3s5q Elevation: 200 to 1,400 feet Mean annual precipitation: 37 to 60 inches Mean annual air temperature: 59 to 66 degrees F Frost-free period: 200 to 240 days Farmland classification: All areas are prime farmland Map Unit Composition Vance and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Vance Setting Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Parent material: Residuum weathered from granite and gneiss Typical profile Ap - 0 to 8 inches: sandy loam Bt - 8 to 30 inches: clay BC - 30 to 39 inches: sandy clay C1 - 39 to 72 inches: sandy clay loam C2 - 72 to 80 inches: sandy loam Properties and qualities Slope: 2 to 6 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Custom Soil Resource Report 19 Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 7.6 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 2e Hydrologic Soil Group: C Hydric soil rating: No Minor Components Helena Percent of map unit: 8 percent Landform: Ridges Landform position (two-dimensional): Summit, footslope Landform position (three-dimensional): Interfluve Down-slope shape: Concave Across-slope shape: Concave Hydric soil rating: No Appling Percent of map unit: 4 percent Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Hydric soil rating: No Wedowee Percent of map unit: 3 percent Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Hydric soil rating: No W—Water Map Unit Composition Water: 100 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Water Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 8w Custom Soil Resource Report 20 Hydric soil rating: No WeC—Wedowee sandy loam, 6 to 10 percent slopes Map Unit Setting National map unit symbol: 3s64 Elevation: 200 to 1,400 feet Mean annual precipitation: 37 to 60 inches Mean annual air temperature: 50 to 66 degrees F Frost-free period: 160 to 240 days Farmland classification: Farmland of statewide importance Map Unit Composition Wedowee and similar soils: 85 percent Minor components: 14 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Wedowee Setting Landform: Hillslopes on ridges Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down-slope shape: Linear Across-slope shape: Convex Parent material: Saprolite derived from granite and gneiss and/or schist Typical profile Ap - 0 to 4 inches: sandy loam E - 4 to 7 inches: sandy loam Bt - 7 to 23 inches: clay BC - 23 to 35 inches: clay loam C - 35 to 80 inches: sandy clay loam Properties and qualities Slope: 6 to 10 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 8.1 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3e Hydrologic Soil Group: B Hydric soil rating: No Custom Soil Resource Report 21 Minor Components Rion Percent of map unit: 8 percent Landform: Hillslopes on ridges Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down-slope shape: Linear Across-slope shape: Convex Hydric soil rating: No Vance Percent of map unit: 5 percent Landform: Hillslopes on ridges Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down-slope shape: Linear Across-slope shape: Convex Hydric soil rating: No Wateree Percent of map unit: 1 percent Landform: Hillslopes on ridges Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down-slope shape: Linear Across-slope shape: Convex Hydric soil rating: No WvA—Wehadkee loam, 0 to 1 percent slopes, inundated Map Unit Setting National map unit symbol: 2dv0m Elevation: 200 to 1,400 feet Mean annual precipitation: 37 to 60 inches Mean annual air temperature: 59 to 66 degrees F Frost-free period: 200 to 240 days Farmland classification: Not prime farmland Map Unit Composition Wehadkee, inundated, and similar soils: 90 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Wehadkee, Inundated Setting Landform: Depressions on flood plains Down-slope shape: Concave Across-slope shape: Linear Parent material: Loamy alluvium derived from igneous and metamorphic rock Custom Soil Resource Report 22 Typical profile Ag - 0 to 8 inches: loam Bg - 8 to 43 inches: sandy clay loam Cg - 43 to 80 inches: sandy loam Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Ponded Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 0 inches Frequency of flooding: Frequent Frequency of ponding: Frequent Available water storage in profile: High (about 9.9 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 8w Hydrologic Soil Group: B/D Hydric soil rating: Yes Custom Soil Resource Report 23 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/national/soils/?cid=nrcs142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ home/?cid=nrcs142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 24 United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/soils/scientists/?cid=nrcs142p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/? cid=nrcs142p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf Custom Soil Resource Report 25 Appendix E Storm Water, Erosion and Sediment Control Plan J.H. Winston Dump Calculations NOAA Atlas 14, Volume 2, Version 3 Location name: Youngsville, North Carolina, USA* Latitude: 36.0545°, Longitude: -78.4975° Elevation: 484.16 ft** * source: ESRI Maps ** source: USGS POINT PRECIPITATION FREQUENCY ESTIMATES G.M. Bonnin, D. Martin, B. Lin, T. Parzybok, M.Yekta, and D. Riley NOAA, National Weather Service, Silver Spring, Maryland PF_tabular | PF_graphical | Maps_&_aerials PF tabular PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches)1 Duration Average recurrence interval (years) 1 2 5 10 25 50 100 200 500 1000 5-min 0.405 (0.374‑0.440) 0.472 (0.434‑0.513) 0.540 (0.496‑0.586) 0.603 (0.554‑0.654) 0.668 (0.611‑0.725) 0.718 (0.653‑0.779) 0.763 (0.690‑0.828) 0.802 (0.721‑0.872) 0.846 (0.754‑0.920) 0.883 (0.780‑0.962) 10-min 0.646 (0.597‑0.703) 0.754 (0.694‑0.820) 0.864 (0.795‑0.938) 0.965 (0.885‑1.05) 1.07 (0.974‑1.16) 1.14 (1.04‑1.24) 1.21 (1.10‑1.32) 1.27 (1.14‑1.38) 1.34 (1.19‑1.46) 1.39 (1.23‑1.51) 15-min 0.808 (0.746‑0.879) 0.948 (0.873‑1.03) 1.09 (1.01‑1.19) 1.22 (1.12‑1.32) 1.35 (1.23‑1.47) 1.45 (1.32‑1.57) 1.53 (1.39‑1.66) 1.60 (1.44‑1.75) 1.68 (1.50‑1.83) 1.74 (1.54‑1.90) 30-min 1.11 (1.02‑1.21) 1.31 (1.21‑1.42) 1.55 (1.43‑1.69) 1.77 (1.62‑1.92) 2.00 (1.83‑2.17) 2.18 (1.98‑2.37) 2.35 (2.12‑2.55) 2.50 (2.24‑2.72) 2.68 (2.39‑2.92) 2.83 (2.50‑3.08) 60-min 1.38 (1.27‑1.50) 1.64 (1.51‑1.79) 1.99 (1.83‑2.16) 2.30 (2.11‑2.50) 2.66 (2.43‑2.89) 2.96 (2.69‑3.21) 3.24 (2.93‑3.51) 3.50 (3.15‑3.81) 3.84 (3.43‑4.18) 4.12 (3.65‑4.49) 2-hr 1.62 (1.49‑1.78) 1.94 (1.78‑2.11) 2.37 (2.17‑2.59) 2.77 (2.52‑3.02) 3.24 (2.93‑3.53) 3.65 (3.29‑3.97) 4.04 (3.62‑4.40) 4.44 (3.95‑4.83) 4.95 (4.36‑5.39) 5.40 (4.71‑5.88) 3-hr 1.72 (1.57‑1.90) 2.06 (1.88‑2.27) 2.53 (2.30‑2.78) 2.97 (2.70‑3.26) 3.52 (3.17‑3.86) 3.99 (3.58‑4.38) 4.46 (3.97‑4.89) 4.95 (4.37‑5.42) 5.61 (4.89‑6.13) 6.18 (5.34‑6.79) 6-hr 2.06 (1.88‑2.28) 2.47 (2.26‑2.72) 3.03 (2.76‑3.34) 3.57 (3.25‑3.93) 4.24 (3.83‑4.65) 4.84 (4.34‑5.30) 5.44 (4.84‑5.95) 6.06 (5.34‑6.62) 6.91 (6.00‑7.54) 7.66 (6.57‑8.38) 12-hr 2.43 (2.24‑2.68) 2.91 (2.68‑3.19) 3.59 (3.30‑3.94) 4.25 (3.89‑4.66) 5.10 (4.63‑5.57) 5.85 (5.27‑6.37) 6.61 (5.90‑7.20) 7.43 (6.55‑8.07) 8.56 (7.42‑9.30) 9.57 (8.18‑10.4) 24-hr 2.88 (2.69‑3.09) 3.47 (3.25‑3.73) 4.34 (4.06‑4.66) 5.03 (4.68‑5.39) 5.95 (5.53‑6.38) 6.69 (6.20‑7.17) 7.44 (6.87‑7.98) 8.21 (7.56‑8.82) 9.26 (8.49‑9.96) 10.1 (9.21‑10.9) 2-day 3.34 (3.12‑3.58) 4.02 (3.77‑4.31) 4.99 (4.66‑5.35) 5.75 (5.36‑6.16) 6.76 (6.29‑7.25) 7.56 (7.01‑8.11) 8.38 (7.74‑8.99) 9.21 (8.48‑9.90) 10.3 (9.47‑11.1) 11.2 (10.2‑12.1) 3-day 3.54 (3.31‑3.79) 4.25 (3.98‑4.55) 5.25 (4.91‑5.62) 6.04 (5.64‑6.46) 7.10 (6.61‑7.60) 7.94 (7.37‑8.50) 8.79 (8.13‑9.42) 9.66 (8.91‑10.4) 10.9 (9.95‑11.7) 11.8 (10.8‑12.7) 4-day 3.74 (3.50‑4.00) 4.48 (4.20‑4.78) 5.51 (5.16‑5.88) 6.33 (5.91‑6.76) 7.43 (6.92‑7.94) 8.31 (7.72‑8.89) 9.20 (8.52‑9.85) 10.1 (9.34‑10.9) 11.4 (10.4‑12.2) 12.4 (11.3‑13.3) 7-day 4.33 (4.07‑4.63) 5.17 (4.85‑5.51) 6.28 (5.89‑6.70) 7.16 (6.71‑7.65) 8.36 (7.81‑8.93) 9.32 (8.67‑9.96) 10.3 (9.55‑11.0) 11.3 (10.4‑12.1) 12.7 (11.6‑13.6) 13.7 (12.6‑14.8) 10-day 4.92 (4.63‑5.25) 5.85 (5.50‑6.24) 7.04 (6.60‑7.49) 7.96 (7.46‑8.48) 9.20 (8.60‑9.81) 10.2 (9.49‑10.9) 11.2 (10.4‑11.9) 12.2 (11.3‑13.0) 13.5 (12.5‑14.5) 14.6 (13.4‑15.7) 20-day 6.60 (6.22‑7.00) 7.78 (7.35‑8.26) 9.19 (8.66‑9.75) 10.3 (9.71‑10.9) 11.8 (11.1‑12.5) 13.0 (12.2‑13.8) 14.2 (13.3‑15.1) 15.4 (14.4‑16.5) 17.1 (15.8‑18.3) 18.4 (16.9‑19.7) 30-day 8.18 (7.74‑8.66) 9.63 (9.10‑10.2) 11.2 (10.6‑11.8) 12.4 (11.7‑13.1) 14.0 (13.2‑14.8) 15.2 (14.3‑16.1) 16.5 (15.4‑17.5) 17.7 (16.5‑18.8) 19.3 (18.0‑20.5) 20.5 (19.1‑21.9) 45-day 10.4 (9.90‑11.0) 12.2 (11.6‑12.8) 13.9 (13.2‑14.7) 15.3 (14.5‑16.1) 17.1 (16.2‑18.0) 18.4 (17.4‑19.4) 19.7 (18.6‑20.8) 21.1 (19.8‑22.2) 22.8 (21.3‑24.1) 24.1 (22.5‑25.5) 60-day 12.5 (11.9‑13.1) 14.6 (13.9‑15.3) 16.5 (15.7‑17.3) 17.9 (17.0‑18.8) 19.8 (18.8‑20.8) 21.2 (20.1‑22.3) 22.5 (21.3‑23.7) 23.9 (22.5‑25.2) 25.6 (24.1‑27.0) 26.8 (25.2‑28.4) 1 Precipitation frequency (PF) estimates in this table are based on frequency analysis of partial duration series (PDS). Numbers in parenthesis are PF estimates at lower and upper bounds of the 90% confidence interval. The probability that precipitation frequency estimates (for a given duration and average recurrence interval) will be greater than the upper bound (or less than the lower bound) is 5%. Estimates at upper bounds are not checked against probable maximum precipitation (PMP) estimates and may be higher than currently valid PMP values. Please refer to NOAA Atlas 14 document for more information. Back to Top PF graphical Precipitation Frequency Data Server https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=36.0545&... 1 of 4 8/25/17, 2:33 PM Back to Top Maps & aerials Small scale terrain Precipitation Frequency Data Server https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=36.0545&... 2 of 4 8/25/17, 2:33 PM Large scale terrain Large scale map Large scale aerial + – 3km 2mi + – 100km 60mi + – 100km 60mi Precipitation Frequency Data Server https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=36.0545&... 3 of 4 8/25/17, 2:33 PM Back to Top US Department of Commerce National Oceanic and Atmospheric Administration National Weather Service National Water Center 1325 East West Highway Silver Spring, MD 20910 Questions?: HDSC.Questions@noaa.gov Disclaimer Precipitation Frequency Data Server https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_printpage.html?lat=36.0545&... 4 of 4 8/25/17, 2:33 PM User Input Data Calculated Value Reference Data Designed By:KHH Date:9/8/2017 Checked By:DAK Date: Company:Froehling & Robertson, Inc. Project Name:J.H. Winston Dump Removal Project No.:Task Order 311RA-2 Site Location (City/Town)Youngsville Watershed Basin Id.JHW-1 Total Drainage Area 25 Subarea A (acres)18 Subarea A Runoff Coefficient 0.4 Runoff Coefficient Agricultural (Rough) Subarea B (acres) 7 Subarea B Runoff Coefficient 0.2 Woodlands Subarea C (acres) Subarea C Runoff Coefficient Subarea D (acres) Subarea D Runoff Coefficient Weighted Runoff Coefficient 0.344 Step 3. Go to Intensity Worksheet Step 4. 2-year Rainfall Intensity, i (in/hr) 5.58 10-year Rainfall Intensity, i (in/hr) 7.08 Q2 Flow (cfs)47.988 Q10 Flow (cfs)60.9 This structure is intended for less than 3 years of use. Structures intendedfor more than 3 years of use should be desinged as permanent structures.User Input DataCalculated ValueReference DataDesigned By:DAKDate:9/8/2017Checked By:DAKDate:Company:Froehling & Robertson Inc.Project Name:J.H. Winston Dump Removal ID # NONCD0000311Project No.:Task Order 311RA-2Site Location (City/Town)YoungsvilleSediment Basin Id.JHW-1Total Drainage Area (acres)25Q10Q10 (cfs) 60.89 60.888Minimum pool elevation (ft) 443Maximum pool elevation (ft) 450 Disturbed acreage (ac)18Min Volume (ft3)32400Sediment cleanout elevation (ft) 444.32Sediment Storage Area 18289.1225 89.15 205.15Q247.988Length/width ratio 2Is length/width ratio between 2-6? YES, PROCEEDBasin surface area @ principal spillway (ft2)26912 116x232Ratio: basin surface area/Q10441.990Is ratio >= 435 ft2/cfs?YES Weir coefficient, C3.1CCMP=3.1Riser circumference, L (ft) 11.00 Diameter (ft) 3.5Head above riser crest, H (ft) 1.5Qw (cfs)62.62 Orifice coefficient, Co0.6CCMP=0.6Riser cross-sectional area, A (ft2) 9.62 Diameter (ft) 3.5Accleration due to gravity, g (ft/s2) 32.2Head above riser crest, H (ft) 1.5Discharge, Qo (cfs)56.74Riser area (ft2) 9.62Barrel area (ft2) 4.911.5 x barrel 7.368.07a Barrel diameter (ft)2.5OKBarrel cross-sectional area, a (ft2)4.91Accleration due to gravity, g (ft/s2)32.2Head above outlet end of barrel, h (ft)8.37Minor loss coefficieint, Km1.0Km=1.0 (typical)Barrel length, L (ft) 60Mannings coeffienct of roughness, n 0.025nCMP=0.025 nRCP=0.015Inside diameter of barrel, di (in)30Pipe friction coefficient, Kp0.03411 0.0096Table 8.07aDischarge, Qo (cfs)56.66 71.01Table 8.07bWeight of water displaced by the empty riser5025.00 Buoyancy (lb5025.00Buoyant weight 5527.50 Discharge velocity, V (ft/s)11.54 14.47See Appendix 8.06 for riprap sizing, if necessaryTable 8.07cTable 8.07dQ1060.89 Weir coefficient, C3.1Qp56.66 Bottom width of spillway crest 12Emergency spillway capacity, Qe (cfs)4.23 Flow above spillway crest, H(f1.5OPTION 1 OPTION 28.07c8.07d Emer. spillway cap., Qe (cfs)68.340764Qp + Qe 60.89 125.00Does (Qp + Qe) equal or exceed Q10? YES, PROCEED YES, PROCEEDWidth of control section (ft) 12Width of entrance (ft) 18Slope of approach channel (%) 2Is width of the entrance section 1.5xcontrol section width?YES, PROCEEDIs approach channel >/= 2%? YES, PROCEED Spillway Capacity SpreadsheetUser Input DataCalculated ValueReference DataDesigned By:DAKDate:09/08/17Checked By:DAKDate:Company:Froehling & Robertson, Inc.Project Name:J.H. Winston Dump RemovalProject No.:Task Order 311RA-2PrimaryTotal SpillwaySpillway FlowCapacityInlet Invert (ft)442.63Co0.6 Crest Elevation (ft) 448 Crest Elevation (ft) 448449.5Outlet Invert (ft)441.63MaterialPipe Diameter (in)42 Pipe Diameter (in)4212Diameter (in) 30Ke1.0Box BoxManning's n 0.024Manning's nL (ft)L (ft)Length (ft)60W (ft)W (ft)Kp0.031Or use Table 8.07a2.8Area (ft2)4.9Cw3.1Co0.6`Area (ft2) 9.6211Elevation H Q OutletH QHQHQQ maxElevation Head QQ cfs(ft)(ft) (cfs)Velocity (ft/s) (ft) (cfs)(ft)(cfs)(ft)(cfs)(cfs)(ft) (ft) (cfs)442.63 -0.25 #NUM! #NUM! -1.25 #NUM!-5.37 #NUM!-5.37 #NUM! #NUM!442.63 0.00 0.00#NUM!445.632.75 33.108 6.744794877 1.75 31.25-2.37 #NUM!-2.37 #NUM! #NUM!445.63 0.00 0.00#NUM!448.005.12 45.176 9.203168637 4.12 47.940.00 0.000.0000.00448.00 0.00 0.000.00449.506.62 51.369 10.46481112 5.62 56.001.50 62.621.50 56.70251.37449.50 0.00 0.0051.37450.007.12 53.274 10.85281491 6.12 58.432.00 96.412.00 65.47353.27450.00 0.50 11.8865.15451.008.12 56.892 11.58991936 7.12 63.033.00 177.123.00 80.18856.89451.00 1.50 61.73118.62-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88#NUM!#NUM!-443.88#NUM!-448.00#NUM!-448.00#NUM!#NUM!0.000.000.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!-442.88 #NUM! #NUM! -443.88 #NUM! -448.00 #NUM! -448.00 #NUM! #NUM!0.00 0.00 0.00#NUM!FullRiserWeir FlowRiserInlet ControlOrificeCwCorrugated Metal (n=0.024)EmergencyBottom Elevation (ft)Bottom WidthWeir Equation Q= C L H1.5Orifice FlowSpillway FlowPipe Flow User Input Data Calculated Value Reference Data Designed By:DAK Date: 9/8/2017 Checked By:DAK Date: 9/8/2017 Company:Froehling & Robertson, Inc. Project Name:. Winston Dump Rem. ID # NONCD0000311 Project No.:Task Order 311RA-2 Site Location (City/Town)Youngsville Culvert Id.Sed. Basin #1 Outlet Total Drainage Area (acres)25 Rational Method for Flow Outlet pipe diameter, Do (in.)30 Tailwater depth (in.)12 Minimum/Maximum tailwater? Min TW (Fig. 8.06a) Discharge (cfs)56.66 56.66 Velocity (ft./s)11.54 11.54 Minimum TW Maximum TW Figure 8.06a Figure 8.06b Riprap d50, (ft.)0.8 0.6 Minimum apron length, La (ft.)24 38 Apron width at pipe outlet (ft.) 7.5 7.5 Apron shape Trap. Apron width at outlet end (ft.) 26.5 17.7 Minimum TW Maximum TW Max Stone Diameter, dmax (ft.) 1.2 0.9 Minimum TW Maximum TW Apron Thickness(ft.) 1.8 1.35 APPENDIX C Final Well Abandonment Records APPENDIX D Waste Disposal Summary All Ticket Types All FacilitiesDetail Customer Activity Report July 01, 2018 to October 19, 2018 Specific Customer(s) : 10088History and Waiting 010088- A&D ENVIRONMENTAL SERVICES Ticket Date Facility & Ticket Number MaterialContractTruck # Material Rate Material Total Tax Total Total Billing QuantityContainer 971247 47451810281 A&D ENVIRO07/27/2018 12.85 TNSW-ASBESTOS-FRIABLEC F01 971248 47451810281 A&D ENVIRO07/27/2018 18.54 TNSW-ASBESTOS-FRIABLEC F01 971249 47451810278 A&D ENVIRO07/27/2018 13.98 TNSW-CONT SOILC F01 971271 47451810278 A&D ENVIRO07/27/2018 18.21 TNSW-CONT SOILC F01 971275 47451810278 A&D ENVIRO07/27/2018 26.65 TNSW-CONT SOILC F01 971276 47451810278 A&D ENVIRO07/27/2018 21.89 TNSW-CONT SOILC F01 971277 47451810278 A&D ENVIRO07/27/2018 20.45 TNSW-CONT SOILC F01 971291 47451810278 A&D ENVIRO07/30/2018 26.04 TNSW-CONT SOILI F01 971293 47451810278 A&D ENVIRO07/30/2018 26.34 TNSW-CONT SOILI F01 971315 47451810278 A&D ENVIRO07/30/2018 26.54 TNSW-CONT SOILI F01 971318 47451810278 A&D ENVIRO07/30/2018 23.97 TNSW-CONT SOILI F01 971333 47451810278 A&D ENVIRO07/30/2018 24.94 TNSW-CONT SOILI F01 971335 47451810278 A&D ENVIRO07/30/2018 22.56 TNSW-CONT SOILI F01 971353 47451810278 A&D ENVIRO07/31/2018 25.84 TNSW-CONT SOILI F01 971374 47451810278 A&D ENVIRO07/31/2018 27.59 TNSW-CONT SOILI F01 971402 47451810278 A&D ENVIRO07/31/2018 25.40 TNSW-CONT SOILI F01 971654 47451810278 A&D ENVIRO08/07/2018 22.56 TNSW-CONT SOILI F01 971655 47451810278 A&D ENVIRO08/07/2018 21.95 TNSW-CONT SOILI F01 971678 47451810278 A&D ENVIRO08/07/2018 32.09 TNSW-CONT SOILI F01 971679 47451810278 A&D ENVIRO08/07/2018 29.90 TNSW-CONT SOILI F01 971704 47451810278 A&D ENVIRO08/07/2018 25.10 TNSW-CONT SOILI F01 971705 47451810278 A&D ENVIRO08/07/2018 22.59 TNSW-CONT SOILI F01 971723 47451810278 A&D ENVIRO08/08/2018 27.76 TNSW-CONT SOILI F01 971728 47451810278 A&D ENVIRO08/08/2018 22.85 TNSW-CONT SOILI F01 971731 47451810278 A&D ENVIRO08/08/2018 22.99 TNSW-CONT SOILI F01 971732 47451810278 A&D ENVIRO08/08/2018 22.35 TNSW-CONT SOILI F01 971755 47451810278 A&D ENVIRO08/08/2018 26.46 TNSW-CONT SOILI F01 971757 47451810278 A&D ENVIRO08/08/2018 26.76 TNSW-CONT SOILI F01 971760 47451810278 A&D ENVIRO08/08/2018 26.59 TNSW-CONT SOILI F01 971761 47451810278 A&D ENVIRO08/08/2018 24.59 TNSW-CONT SOILI F01 971778 47451810278 A&D ENVIRO08/08/2018 25.84 TNSW-CONT SOILI F01 971780 47451810278 A&D ENVIRO08/08/2018 25.90 TNSW-CONT SOILI F01 971786 47451810278 A&D ENVIRO08/08/2018 25.80 TNSW-CONT SOILI F01 971801 47451810278 A&D ENVIRO08/09/2018 26.69 TNSW-CONT SOILI F01 971804 47451810278 A&D ENVIRO08/09/2018 24.68 TNSW-CONT SOILI F01 971809 47451810278 A&D ENVIRO08/09/2018 27.20 TNSW-CONT SOILI F01 971821 47451810278 A&D ENVIRO08/09/2018 23.25 TNSW-CONT SOILI F01 971825 47451810278 A&D ENVIRO08/09/2018 25.04 TNSW-CONT SOILI F01 NORRISL 10/19/2018 8:21 AM BRUNSWICK LANDFILL - 4745 Page 1 of 10 All Ticket Types All FacilitiesDetail Customer Activity Report July 01, 2018 to October 19, 2018 Specific Customer(s) : 10088History and Waiting 010088- A&D ENVIRONMENTAL SERVICES Ticket Date Facility & Ticket Number MaterialContractTruck # Material Rate Material Total Tax Total Total Billing QuantityContainer 971827 47451810278 A&D ENVIRO08/09/2018 26.26 TNSW-CONT SOILI F01 971839 47451810278 A&D ENVIRO08/09/2018 27.90 TNSW-CONT SOILI F01 971842 47451810278 A&D ENVIRO08/09/2018 27.46 TNSW-CONT SOILI F01 971844 47451810278 A&D ENVIRO08/09/2018 27.66 TNSW-CONT SOILI F01 971854 47451810278 A&D ENVIRO08/10/2018 27.14 TNSW-CONT SOILI F01 971856 47451810278 A&D ENVIRO08/10/2018 26.69 TNSW-CONT SOILI F01 971858 47451810278 A&D ENVIRO08/10/2018 29.18 TNSW-CONT SOILI F01 971860 47451810278 A&D ENVIRO08/10/2018 27.10 TNSW-CONT SOILI F01 971865 47451810278 A&D ENVIRO08/10/2018 25.17 TNSW-CONT SOILI F01 971868 47451810278 A&D ENVIRO08/10/2018 25.03 TNSW-CONT SOILI F01 971880 47451810278 A&D ENVIRO08/10/2018 24.79 TNSW-CONT SOILI F01 971883 47451810278 A&D ENVIRO08/10/2018 23.48 TNSW-CONT SOILI F01 971887 47451810278 A&D ENVIRO08/10/2018 24.84 TNSW-CONT SOILI F01 971890 47451810278 A&D ENVIRO08/10/2018 24.34 TNSW-CONT SOILI F01 971894 47451810278 A&D ENVIRO08/10/2018 24.72 TNSW-CONT SOILI F01 971897 47451810278 A&D ENVIRO08/10/2018 24.92 TNSW-CONT SOILI F01 971911 47451810278 A&D ENVIRO08/10/2018 27.27 TNSW-CONT SOILI F01 971912 47451810278 A&D ENVIRO08/10/2018 24.63 TNSW-CONT SOILI F01 971917 47451810278 A&D ENVIRO08/10/2018 29.49 TNSW-CONT SOILI F01 971919 47451810278 A&D ENVIRO08/10/2018 27.45 TNSW-CONT SOILI F01 972114 47451810278 A&D ENVIRO08/16/2018 27.06 TNSW-CONT SOILI F01 972117 47451810278 A&D ENVIRO08/16/2018 25.49 TNSW-CONT SOILI F01 972118 47451810278 A&D ENVIRO08/16/2018 25.84 TNSW-CONT SOILI F01 972138 47451810278 A&D ENVIRO08/16/2018 27.35 TNSW-CONT SOILI F01 972139 47451810278 A&D ENVIRO08/16/2018 26.30 TNSW-CONT SOILI F01 972140 47451810278 A&D ENVIRO08/16/2018 21.70 TNSW-CONT SOILI F01 972160 47451810278 A&D ENVIRO08/16/2018 27.91 TNSW-CONT SOILI F01 972161 47451810278 A&D ENVIRO08/16/2018 24.75 TNSW-CONT SOILI F01 972162 47451810278 A&D ENVIRO08/16/2018 24.21 TNSW-CONT SOILI F01 972176 47451810278 A&D ENVIRO08/17/2018 25.00 TNSW-CONT SOILI F01 972193 47451810278 A&D ENVIRO08/17/2018 28.41 TNSW-CONT SOILI F01 972202 47451810278 A&D ENVIRO08/17/2018 27.79 TNSW-CONT SOILI F01 972218 47451810278 A&D ENVIRO08/17/2018 28.64 TNSW-CONT SOILI F01 972225 47451810278 A&D ENVIRO08/17/2018 28.62 TNSW-CONT SOILI F01 972245 47451810278 A&D ENVIRO08/20/2018 29.07 TNSW-CONT SOILI F01 972247 47451810278 A&D ENVIRO08/20/2018 24.80 TNSW-CONT SOILI F01 972250 47451810278 A&D ENVIRO08/20/2018 22.71 TNSW-CONT SOILI F01 972312 47451810278 A&D ENVIRO08/21/2018 29.23 TNSW-CONT SOILI F01 972318 47451810278 A&D ENVIRO08/21/2018 29.38 TNSW-CONT SOILI F01 NORRISL 10/19/2018 8:21 AM BRUNSWICK LANDFILL - 4745 Page 2 of 10 All Ticket Types All FacilitiesDetail Customer Activity Report July 01, 2018 to October 19, 2018 Specific Customer(s) : 10088History and Waiting 010088- A&D ENVIRONMENTAL SERVICES Ticket Date Facility & Ticket Number MaterialContractTruck # Material Rate Material Total Tax Total Total Billing QuantityContainer 972320 47451810278 A&D ENVIRO08/21/2018 21.41 TNSW-CONT SOILI F01 972321 47451810278 A&D ENVIRO08/21/2018 22.21 TNSW-CONT SOILI F01 972322 47451810278 A&D ENVIRO08/21/2018 23.08 TNSW-CONT SOILI F01 972324 47451810278 A&D ENVIRO08/21/2018 18.87 TNSW-CONT SOILI F01 972326 47451810278 A&D ENVIRO08/21/2018 20.94 TNSW-CONT SOILI F01 972344 47451810278 A&D ENVIRO08/21/2018 25.06 TNSW-CONT SOILI F01 972345 47451810278 A&D ENVIRO08/21/2018 26.24 TNSW-CONT SOILI F01 972347 47451810278 A&D ENVIRO08/21/2018 21.09 TNSW-CONT SOILI F01 972348 47451810278 A&D ENVIRO08/21/2018 19.64 TNSW-CONT SOILI F01 972349 47451810278 A&D ENVIRO08/21/2018 28.85 TNSW-CONT SOILI F01 972354 47451810278 A&D ENVIRO08/21/2018 18.69 TNSW-CONT SOILI F01 972355 47451810278 A&D ENVIRO08/21/2018 21.18 TNSW-CONT SOILI F01 972357 47451810278 A&D ENVIRO08/21/2018 23.57 TNSW-CONT SOILI F01 972366 47451810278 A&D ENVIRO08/21/2018 29.66 TNSW-CONT SOILI F01 972376 47451810278 A&D ENVIRO08/22/2018 21.34 TNSW-CONT SOILI F01 972378 47451810278 A&D ENVIRO08/22/2018 29.15 TNSW-CONT SOILI F01 972379 47451810278 A&D ENVIRO08/22/2018 21.68 TNSW-CONT SOILI F01 972380 47451810278 A&D ENVIRO08/22/2018 21.54 TNSW-CONT SOILI F01 972381 47451810278 A&D ENVIRO08/22/2018 18.55 TNSW-CONT SOILI F01 972383 47451810278 A&D ENVIRO08/22/2018 21.99 TNSW-CONT SOILI F01 972384 47451810278 A&D ENVIRO08/22/2018 25.43 TNSW-CONT SOILI F01 972403 47451810278 A&D ENVIRO08/22/2018 24.70 TNSW-CONT SOILI F01 972409 47451810278 A&D ENVIRO08/22/2018 19.92 TNSW-CONT SOILI F01 972413 47451810278 A&D ENVIRO08/22/2018 28.94 TNSW-CONT SOILI F01 972416 47451810278 A&D ENVIRO08/22/2018 22.00 TNSW-CONT SOILI F01 972417 47451810278 A&D ENVIRO08/22/2018 27.70 TNSW-CONT SOILI F01 972428 47451810278 A&D ENVIRO08/22/2018 16.97 TNSW-CONT SOILI F01 972430 47451810278 A&D ENVIRO08/22/2018 27.62 TNSW-CONT SOILI F01 972432 47451810278 A&D ENVIRO08/22/2018 3.19 TNSW-CONT SOILI F01 972434 47451810278 A&D ENVIRO08/22/2018 25.87 TNSW-CONT SOILI F01 972441 47451810278 A&D ENVIRO08/22/2018 19.30 TNSW-CONT SOILI F01 972444 47451810278 A&D ENVIRO08/22/2018 26.17 TNSW-CONT SOILI F01 972445 47451810278 A&D ENVIRO08/22/2018 27.01 TNSW-CONT SOILI F01 972450 47451810278 A&D ENVIRO08/22/2018 20.38 TNSW-CONT SOILI F01 972462 47451810278 A&D ENVIRO08/23/2018 20.03 TNSW-CONT SOILI F01 972463 47451810278 A&D ENVIRO08/23/2018 20.25 TNSW-CONT SOILI F01 972466 47451810278 A&D ENVIRO08/23/2018 19.51 TNSW-CONT SOILI F01 972470 47451810278 A&D ENVIRO08/23/2018 29.73 TNSW-CONT SOILI F01 972471 47451810278 A&D ENVIRO08/23/2018 27.75 TNSW-CONT SOILI F01 NORRISL 10/19/2018 8:21 AM BRUNSWICK LANDFILL - 4745 Page 3 of 10 All Ticket Types All FacilitiesDetail Customer Activity Report July 01, 2018 to October 19, 2018 Specific Customer(s) : 10088History and Waiting 010088- A&D ENVIRONMENTAL SERVICES Ticket Date Facility & Ticket Number MaterialContractTruck # Material Rate Material Total Tax Total Total Billing QuantityContainer 972475 47451810278 A&D ENVIRO08/23/2018 16.82 TNSW-CONT SOILI F01 972477 47451810278 A&D ENVIRO08/23/2018 26.28 TNSW-CONT SOILI F01 972489 47451810278 A&D ENVIRO08/23/2018 17.43 TNSW-CONT SOILI F01 972494 47451810278 A&D ENVIRO08/23/2018 24.28 TNSW-CONT SOILI F01 972495 47451810278 A&D ENVIRO08/23/2018 25.46 TNSW-CONT SOILI F01 972499 47451810278 A&D ENVIRO08/23/2018 16.95 TNSW-CONT SOILI F01 972501 47451810278 A&D ENVIRO08/23/2018 26.61 TNSW-CONT SOILI F01 972514 47451810278 A&D ENVIRO08/23/2018 20.79 TNSW-CONT SOILI F01 972522 47451810278 A&D ENVIRO08/23/2018 27.89 TNSW-CONT SOILI F01 972523 47451810278 A&D ENVIRO08/23/2018 26.77 TNSW-CONT SOILI F01 972525 47451810278 A&D ENVIRO08/23/2018 17.46 TNSW-CONT SOILI F01 972526 47451810278 A&D ENVIRO08/23/2018 26.57 TNSW-CONT SOILI F01 972530 47451810278 A&D ENVIRO08/24/2018 17.43 TNSW-CONT SOILI F01 972531 47451810278 A&D ENVIRO08/24/2018 22.20 TNSW-CONT SOILI F01 972534 47451810278 A&D ENVIRO08/24/2018 18.49 TNSW-CONT SOILI F01 972535 47451810278 A&D ENVIRO08/24/2018 15.89 TNSW-CONT SOILI F01 972538 47451810278 A&D ENVIRO08/24/2018 28.49 TNSW-CONT SOILI F01 972542 47451810278 A&D ENVIRO08/24/2018 27.38 TNSW-CONT SOILI F01 972544 47451810278 A&D ENVIRO08/24/2018 27.69 TNSW-CONT SOILI F01 972559 47451810278 A&D ENVIRO08/24/2018 20.47 TNSW-CONT SOILI F01 972562 47451810278 A&D ENVIRO08/24/2018 14.70 TNSW-CONT SOILI F01 972563 47451810278 A&D ENVIRO08/24/2018 17.94 TNSW-CONT SOILI F01 972568 47451810278 A&D ENVIRO08/24/2018 15.63 TNSW-CONT SOILI F01 972572 47451810278 A&D ENVIRO08/24/2018 28.92 TNSW-CONT SOILI F01 972576 47451810278 A&D ENVIRO08/24/2018 27.18 TNSW-CONT SOILI F01 972578 47451810278 A&D ENVIRO08/24/2018 30.28 TNSW-CONT SOILI F01 972581 47451810278 A&D ENVIRO08/24/2018 20.02 TNSW-CONT SOILI F01 972585 47451810278 A&D ENVIRO08/24/2018 17.48 TNSW-CONT SOILI F01 972587 47451810278 A&D ENVIRO08/24/2018 26.69 TNSW-CONT SOILI F01 972590 47451810278 A&D ENVIRO08/24/2018 16.41 TNSW-CONT SOILI F01 972593 47451810278 A&D ENVIRO08/24/2018 18.54 TNSW-CONT SOILI F01 972601 47451810278 A&D ENVIRO08/24/2018 31.30 TNSW-CONT SOILI F01 972602 47451810278 A&D ENVIRO08/24/2018 30.06 TNSW-CONT SOILI F01 972605 47451810278 A&D ENVIRO08/24/2018 27.19 TNSW-CONT SOILI F01 972616 47451810278 A&D ENVIRO08/27/2018 29.29 TNSW-CONT SOILI F01 972617 47451810278 A&D ENVIRO08/27/2018 29.18 TNSW-CONT SOILI F01 972621 47451810278 A&D ENVIRO08/27/2018 19.11 TNSW-CONT SOILI F01 972626 47451810278 A&D ENVIRO08/27/2018 22.09 TNSW-CONT SOILI F01 972641 47451810278 A&D ENVIRO08/27/2018 31.18 TNSW-CONT SOILI F01 NORRISL 10/19/2018 8:21 AM BRUNSWICK LANDFILL - 4745 Page 4 of 10 All Ticket Types All FacilitiesDetail Customer Activity Report July 01, 2018 to October 19, 2018 Specific Customer(s) : 10088History and Waiting 010088- A&D ENVIRONMENTAL SERVICES Ticket Date Facility & Ticket Number MaterialContractTruck # Material Rate Material Total Tax Total Total Billing QuantityContainer 972642 47451810278 A&D ENVIRO08/27/2018 26.83 TNSW-CONT SOILI F01 972652 47451810278 A&D ENVIRO08/27/2018 20.21 TNSW-CONT SOILI F01 972655 47451810278 A&D ENVIRO08/27/2018 21.08 TNSW-CONT SOILI F01 972664 47451810278 A&D ENVIRO08/27/2018 28.87 TNSW-CONT SOILI F01 972666 47451810278 A&D ENVIRO08/27/2018 28.06 TNSW-CONT SOILI F01 972686 47451810278 A&D ENVIRO08/28/2018 27.80 TNSW-CONT SOILI F01 972687 47451810278 A&D ENVIRO08/28/2018 29.31 TNSW-CONT SOILI F01 972690 47451810278 A&D ENVIRO08/28/2018 26.96 TNSW-CONT SOILI F01 972691 47451810278 A&D ENVIRO08/28/2018 28.02 TNSW-CONT SOILI F01 972694 47451810278 A&D ENVIRO08/28/2018 20.10 TNSW-CONT SOILI F01 972696 47451810278 A&D ENVIRO08/28/2018 30.18 TNSW-CONT SOILI F01 972698 47451810278 A&D ENVIRO08/28/2018 20.90 TNSW-CONT SOILI F01 972716 47451810278 A&D ENVIRO08/28/2018 29.17 TNSW-CONT SOILI F01 972718 47451810278 A&D ENVIRO08/28/2018 27.87 TNSW-CONT SOILI F01 972720 47451810278 A&D ENVIRO08/28/2018 27.84 TNSW-CONT SOILI F01 972722 47451810278 A&D ENVIRO08/28/2018 29.31 TNSW-CONT SOILI F01 972729 47451810278 A&D ENVIRO08/28/2018 20.11 TNSW-CONT SOILI F01 972730 47451810278 A&D ENVIRO08/28/2018 28.52 TNSW-CONT SOILI F01 972733 47451810278 A&D ENVIRO08/28/2018 20.33 TNSW-CONT SOILI F01 972741 47451810278 A&D ENVIRO08/28/2018 31.38 TNSW-CONT SOILI F01 972743 47451810278 A&D ENVIRO08/28/2018 28.56 TNSW-CONT SOILI F01 972745 47451810278 A&D ENVIRO08/28/2018 27.82 TNSW-CONT SOILI F01 972749 47451810278 A&D ENVIRO08/28/2018 26.25 TNSW-CONT SOILI F01 972750 47451810278 A&D ENVIRO08/28/2018 31.15 TNSW-CONT SOILI F01 972762 47451810278 A&D ENVIRO08/29/2018 13.22 TNSW-CONT SOILI F01 972764 47451810278 A&D ENVIRO08/29/2018 19.71 TNSW-CONT SOILI F01 972766 47451810278 A&D ENVIRO08/29/2018 28.58 TNSW-CONT SOILI F01 972767 47451810278 A&D ENVIRO08/29/2018 27.07 TNSW-CONT SOILI F01 972769 47451810278 A&D ENVIRO08/29/2018 28.17 TNSW-CONT SOILI F01 972771 47451810278 A&D ENVIRO08/29/2018 27.38 TNSW-CONT SOILI F01 972787 47451810278 A&D ENVIRO08/29/2018 30.48 TNSW-CONT SOILI F01 972788 47451810278 A&D ENVIRO08/29/2018 27.45 TNSW-CONT SOILI F01 972790 47451810278 A&D ENVIRO08/29/2018 27.58 TNSW-CONT SOILI F01 972791 47451810278 A&D ENVIRO08/29/2018 28.75 TNSW-CONT SOILI F01 972803 47451810278 A&D ENVIRO08/29/2018 24.81 TNSW-CONT SOILI F01 972804 47451810278 A&D ENVIRO08/29/2018 26.47 TNSW-CONT SOILI F01 972807 47451810278 A&D ENVIRO08/29/2018 27.65 TNSW-CONT SOILI F01 972812 47451810278 A&D ENVIRO08/30/2018 25.82 TNSW-CONT SOILI F01 972819 47451810278 A&D ENVIRO08/30/2018 25.24 TNSW-CONT SOILI F01 NORRISL 10/19/2018 8:21 AM BRUNSWICK LANDFILL - 4745 Page 5 of 10 All Ticket Types All FacilitiesDetail Customer Activity Report July 01, 2018 to October 19, 2018 Specific Customer(s) : 10088History and Waiting 010088- A&D ENVIRONMENTAL SERVICES Ticket Date Facility & Ticket Number MaterialContractTruck # Material Rate Material Total Tax Total Total Billing QuantityContainer 972824 47451810278 A&D ENVIRO08/30/2018 27.46 TNSW-CONT SOILI F01 972837 47451810278 A&D ENVIRO08/30/2018 28.01 TNSW-CONT SOILI F01 972843 47451810278 A&D ENVIRO08/30/2018 27.34 TNSW-CONT SOILI F01 972849 47451810278 A&D ENVIRO08/30/2018 26.65 TNSW-CONT SOILI F01 972856 47451810278 A&D ENVIRO08/30/2018 26.00 TNSW-CONT SOILI F01 972860 47451810278 A&D ENVIRO08/30/2018 26.36 TNSW-CONT SOILI F01 972863 47451810278 A&D ENVIRO08/30/2018 25.18 TNSW-CONT SOILI F01 972871 47451810278 A&D ENVIRO08/31/2018 24.70 TNSW-CONT SOILI F01 972891 47451810278 A&D ENVIRO08/31/2018 26.07 TNSW-CONT SOILI F01 972922 47451810278 A&D ENVIRO09/04/2018 30.17 TNSW-CONT SOILI F01 972945 47451810278 A&D ENVIRO09/04/2018 28.89 TNSW-CONT SOILI F01 972965 47451810278 A&D ENVIRO09/04/2018 29.59 TNSW-CONT SOILI F01 974031 47451810278 A&D ENVIRO10/02/2018 28.64 TNSW-CONT SOILI F01 974032 47451810278 A&D ENVIRO10/02/2018 28.41 TNSW-CONT SOILI F01 974036 47451810278 A&D ENVIRO10/02/2018 32.22 TNSW-CONT SOILI F01 974038 47451810278 A&D ENVIRO10/02/2018 32.66 TNSW-CONT SOILI F01 974039 47451810278 A&D ENVIRO10/02/2018 33.45 TNSW-CONT SOILI F01 974040 47451810278 A&D ENVIRO10/02/2018 27.90 TNSW-CONT SOILI F01 974065 47451810278 A&D ENVIRO10/02/2018 29.68 TNSW-CONT SOILI F01 974066 47451810278 A&D ENVIRO10/02/2018 27.00 TNSW-CONT SOILI F01 974071 47451810278 A&D ENVIRO10/02/2018 29.69 TNSW-CONT SOILI F01 974074 47451810278 A&D ENVIRO10/02/2018 33.28 TNSW-CONT SOILI F01 974076 47451810278 A&D ENVIRO10/02/2018 28.46 TNSW-CONT SOILI F01 974087 47451810278 A&D ENVIRO10/02/2018 28.25 TNSW-CONT SOILI F01 974088 47451810278 A&D ENVIRO10/02/2018 24.88 TNSW-CONT SOILI F01 974090 47451810278 A&D ENVIRO10/02/2018 27.70 TNSW-CONT SOILI F01 974091 47451810278 A&D ENVIRO10/02/2018 26.95 TNSW-CONT SOILI F01 974103 47451810278 A&D ENVIRO10/03/2018 25.57 TNSW-CONT SOILI F01 974106 47451810278 A&D ENVIRO10/03/2018 23.92 TNSW-CONT SOILI F01 974107 47451810278 A&D ENVIRO10/03/2018 24.62 TNSW-CONT SOILI F01 974109 47451810278 A&D ENVIRO10/03/2018 24.05 TNSW-CONT SOILI F01 974136 47451810278 A&D ENVIRO10/03/2018 29.07 TNSW-CONT SOILI F01 974137 47451810278 A&D ENVIRO10/03/2018 27.50 TNSW-CONT SOILI F01 974140 47451810278 A&D ENVIRO10/03/2018 28.61 TNSW-CONT SOILI F01 974143 47451810278 A&D ENVIRO10/03/2018 27.66 TNSW-CONT SOILI F01 974161 47451810278 A&D ENVIRO10/03/2018 28.71 TNSW-CONT SOILI F01 974162 47451810278 A&D ENVIRO10/03/2018 28.03 TNSW-CONT SOILI F01 974167 47451810278 A&D ENVIRO10/03/2018 26.79 TNSW-CONT SOILI F01 974169 47451810278 A&D ENVIRO10/03/2018 26.97 TNSW-CONT SOILI F01 NORRISL 10/19/2018 8:21 AM BRUNSWICK LANDFILL - 4745 Page 6 of 10 All Ticket Types All FacilitiesDetail Customer Activity Report July 01, 2018 to October 19, 2018 Specific Customer(s) : 10088History and Waiting 010088- A&D ENVIRONMENTAL SERVICES Ticket Date Facility & Ticket Number MaterialContractTruck # Material Rate Material Total Tax Total Total Billing QuantityContainer 974180 47451810278 A&D ENVIRO10/04/2018 25.58 TNSW-CONT SOILI F01 974182 47451810278 A&D ENVIRO10/04/2018 26.58 TNSW-CONT SOILI F01 974184 47451810278 A&D ENVIRO10/04/2018 23.95 TNSW-CONT SOILI F01 974188 47451810278 A&D ENVIRO10/04/2018 24.74 TNSW-CONT SOILI F01 974206 47451810278 A&D ENVIRO10/04/2018 27.68 TNSW-CONT SOILI F01 974207 47451810278 A&D ENVIRO10/04/2018 28.89 TNSW-CONT SOILI F01 974209 47451810278 A&D ENVIRO10/04/2018 29.12 TNSW-CONT SOILI F01 974210 47451810278 A&D ENVIRO10/04/2018 28.09 TNSW-CONT SOILI F01 974224 47451810278 A&D ENVIRO10/04/2018 29.74 TNSW-CONT SOILI F01 974225 47451810278 A&D ENVIRO10/04/2018 30.71 TNSW-CONT SOILI F01 974226 47451810278 A&D ENVIRO10/04/2018 29.83 TNSW-CONT SOILI F01 974228 47451810278 A&D ENVIRO10/04/2018 27.92 TNSW-CONT SOILI F01 974240 47451810278 A&D ENVIRO10/05/2018 25.73 TNSW-CONT SOILI F01 974248 47451810278 A&D ENVIRO10/05/2018 28.01 TNSW-CONT SOILI F01 974249 47451810278 A&D ENVIRO10/05/2018 25.69 TNSW-CONT SOILI F01 974250 47451810278 A&D ENVIRO10/05/2018 25.01 TNSW-CONT SOILI F01 974269 47451810278 A&D ENVIRO10/05/2018 28.12 TNSW-CONT SOILI F01 974270 47451810278 A&D ENVIRO10/05/2018 27.48 TNSW-CONT SOILI F01 974273 47451810278 A&D ENVIRO10/05/2018 28.27 TNSW-CONT SOILI F01 974278 47451810278 A&D ENVIRO10/05/2018 24.97 TNSW-CONT SOILI F01 974305 47451810278 A&D ENVIRO10/08/2018 29.22 TNSW-CONT SOILI F01 974308 47451810278 A&D ENVIRO10/08/2018 26.87 TNSW-CONT SOILI F01 974311 47451810278 A&D ENVIRO10/08/2018 32.54 TNSW-CONT SOILI F01 974312 47451810278 A&D ENVIRO10/08/2018 27.00 TNSW-CONT SOILI F01 974314 47451810278 A&D ENVIRO10/08/2018 32.06 TNSW-CONT SOILI F01 974330 47451810278 A&D ENVIRO10/08/2018 30.80 TNSW-CONT SOILI F01 974331 47451810278 A&D ENVIRO10/08/2018 29.34 TNSW-CONT SOILI F01 974335 47451810278 A&D ENVIRO10/08/2018 30.68 TNSW-CONT SOILI F01 974337 47451810278 A&D ENVIRO10/08/2018 23.12 TNSW-CONT SOILI F01 974340 47451810278 A&D ENVIRO10/08/2018 28.97 TNSW-CONT SOILI F01 974341 47451810278 A&D ENVIRO10/08/2018 24.50 TNSW-CONT SOILI F01 974345 47451810281 A&D ENVIRO10/08/2018 23.37 TNSW-ASBESTOS-FRIABLEI F01 974355 47451810281 A&D ENVIRO10/08/2018 34.89 TNSW-ASBESTOS-FRIABLEI F01 974356 47451810278 A&D ENVIRO10/08/2018 24.56 TNSW-CONT SOILI F01 974357 47451810278 A&D ENVIRO10/08/2018 25.66 TNSW-CONT SOILI F01 974358 47451810278 A&D ENVIRO10/08/2018 20.46 TNSW-CONT SOILI F01 974362 47451810278 A&D ENVIRO10/08/2018 25.10 TNSW-CONT SOILI F01 974367 47451810278 A&D ENVIRO10/09/2018 28.20 TNSW-CONT SOILI F01 974368 47451810278 A&D ENVIRO10/09/2018 28.57 TNSW-CONT SOILI F01 NORRISL 10/19/2018 8:21 AM BRUNSWICK LANDFILL - 4745 Page 7 of 10 All Ticket Types All FacilitiesDetail Customer Activity Report July 01, 2018 to October 19, 2018 Specific Customer(s) : 10088History and Waiting 010088- A&D ENVIRONMENTAL SERVICES Ticket Date Facility & Ticket Number MaterialContractTruck # Material Rate Material Total Tax Total Total Billing QuantityContainer 974373 47451810278 A&D ENVIRO10/09/2018 27.96 TNSW-CONT SOILI F01 974379 47451810278 A&D ENVIRO10/09/2018 30.76 TNSW-CONT SOILI F01 974407 47451810281 A&D ENVIRO10/09/2018 34.30 TNSW-ASBESTOS-FRIABLEI F01 974408 47451810278 A&D ENVIRO10/09/2018 29.49 TNSW-CONT SOILI F01 974410 47451810278 A&D ENVIRO10/09/2018 27.09 TNSW-CONT SOILI F01 974412 47451810278 A&D ENVIRO10/09/2018 31.07 TNSW-CONT SOILI F01 974416 47451810278 A&D ENVIRO10/09/2018 33.68 TNSW-CONT SOILI F01 974428 47451810281 A&D ENVIRO10/09/2018 27.64 TNSW-ASBESTOS-FRIABLEI F01 974435 47451810278 A&D ENVIRO10/09/2018 28.26 TNSW-CONT SOILI F01 974436 47451810278 A&D ENVIRO10/09/2018 28.60 TNSW-CONT SOILI F01 974438 47451810278 A&D ENVIRO10/09/2018 28.08 TNSW-CONT SOILI F01 974440 47451810278 A&D ENVIRO10/09/2018 29.78 TNSW-CONT SOILI F01 974445 47451810278 A&D ENVIRO10/09/2018 30.66 TNSW-CONT SOILI F01 974454 47451810278 A&D ENVIRO10/10/2018 29.98 TNSW-CONT SOILI F01 974455 47451810278 A&D ENVIRO10/10/2018 28.02 TNSW-CONT SOILI F01 974462 47451810278 A&D ENVIRO10/10/2018 28.97 TNSW-CONT SOILI F01 974463 47451810278 A&D ENVIRO10/10/2018 32.92 TNSW-CONT SOILI F01 974465 47451810278 A&D ENVIRO10/10/2018 28.46 TNSW-CONT SOILI F01 974469 47451810278 A&D ENVIRO10/10/2018 31.05 TNSW-CONT SOILI F01 974487 47451810278 A&D ENVIRO10/10/2018 29.42 TNSW-CONT SOILI F01 974488 47451810278 A&D ENVIRO10/10/2018 25.38 TNSW-CONT SOILI F01 974492 47451810278 A&D ENVIRO10/10/2018 24.38 TNSW-CONT SOILI F01 974498 47451810278 A&D ENVIRO10/10/2018 28.87 TNSW-CONT SOILI F01 974500 47451810278 A&D ENVIRO10/10/2018 29.54 TNSW-CONT SOILI F01 974506 47451810278 A&D ENVIRO10/10/2018 28.95 TNSW-CONT SOILI F01 974511 47451810278 A&D ENVIRO10/10/2018 30.68 TNSW-CONT SOILI F01 974512 47451810278 A&D ENVIRO10/10/2018 29.87 TNSW-CONT SOILI F01 974513 47451810278 A&D ENVIRO10/10/2018 30.72 TNSW-CONT SOILI F01 974516 47451810278 A&D ENVIRO10/10/2018 29.89 TNSW-CONT SOILI F01 974562 47451810278 A&D ENVIRO10/11/2018 34.97 TNSW-CONT SOILI F01 974563 47451810278 A&D ENVIRO10/11/2018 32.68 TNSW-CONT SOILI F01 974564 47451810278 A&D ENVIRO10/11/2018 33.26 TNSW-CONT SOILI F01 974566 47451810278 A&D ENVIRO10/11/2018 31.33 TNSW-CONT SOILI F01 974567 47451810278 A&D ENVIRO10/11/2018 29.36 TNSW-CONT SOILI F01 974568 47451810278 A&D ENVIRO10/11/2018 31.48 TNSW-CONT SOILI F01 974573 47451810278 A&D ENVIRO10/12/2018 29.75 TNSW-CONT SOILI F01 974574 47451810278 A&D ENVIRO10/12/2018 27.23 TNSW-CONT SOILI F01 974577 47451810278 A&D ENVIRO10/12/2018 27.21 TNSW-CONT SOILI F01 974580 47451810278 A&D ENVIRO10/12/2018 33.30 TNSW-CONT SOILI F01 NORRISL 10/19/2018 8:21 AM BRUNSWICK LANDFILL - 4745 Page 8 of 10 All Ticket Types All FacilitiesDetail Customer Activity Report July 01, 2018 to October 19, 2018 Specific Customer(s) : 10088History and Waiting 010088- A&D ENVIRONMENTAL SERVICES Ticket Date Facility & Ticket Number MaterialContractTruck # Material Rate Material Total Tax Total Total Billing QuantityContainer 974589 47451810278 A&D ENVIRO10/12/2018 30.58 TNSW-CONT SOILI F01 974590 47451810278 A&D ENVIRO10/12/2018 31.39 TNSW-CONT SOILI F01 974591 47451810278 A&D ENVIRO10/12/2018 29.45 TNSW-CONT SOILI F01 974597 47451810278 A&D ENVIRO10/12/2018 36.76 TNSW-CONT SOILI F01 974612 47451810278 A&D ENVIRO10/12/2018 35.30 TNSW-CONT SOILI F01 974613 47451810278 A&D ENVIRO10/12/2018 30.60 TNSW-CONT SOILI F01 974614 47451810278 A&D ENVIRO10/12/2018 29.87 TNSW-CONT SOILI F01 974626 47451810278 A&D ENVIRO10/15/2018 28.92 TNSW-CONT SOILI F01 974628 47451810278 A&D ENVIRO10/15/2018 27.49 TNSW-CONT SOILI F01 974657 47451810278 A&D ENVIRO10/15/2018 24.08 TNSW-CONT SOILI F01 974658 47451810278 A&D ENVIRO10/15/2018 18.75 TNSW-CONT SOILI F01 Customer Totals:Tickets Reported: 322 Items Reported: 322 Weight Volume Count TaxTotalInbound Outbound Inbound Outbound Inbound Outbound MaterialTotal TotalMaterial Summary BillingQuantity TN0.00151.59 0.00660.00 0.00 0.00YD 151.59 TNVA - SW-ASBESTOS-FRIABLE TN0.008,263.02 0.0034,760.00 0.00 0.00YD 8,263.02 TNVG - SW-CONT SOIL 322Tickets Reported:Report Totals: Cash Totals: Invoice Totals: Items Reported: 322 Weight Volume Count Inbound Outbound Inbound Outbound Inbound Outbound Material Summary BillingQuantity TN0.00151.59 0.00660.00 0.00 0.00YD 151.59 TNVA - SW-ASBESTOS-FRIABLE TN0.008,263.02 0.0034,760.00 0.00 0.00YD 8,263.02 TNVG - SW-CONT SOIL NORRISL 10/19/2018 8:21 AM BRUNSWICK LANDFILL - 4745 Page 9 of 10 All Ticket Types All FacilitiesDetail Customer Activity Report July 01, 2018 to October 19, 2018 Specific Customer(s) : 10088History and Waiting REPORT SUMMARY Total Weight: Total Tickets:322 TN 0.00 TN In Out 8,414.61 NORRISL 10/19/2018 8:21 AM BRUNSWICK LANDFILL - 4745 Page 10 of 10 APPENDIX E Confirmation Soil Sampling Results TABLE 1Soil Sampling Analytical Results Summary (Detections Only)J.H. Winston DumpNONCD0000311Youngsville, Franklin County, NC Task Order 311RA‐11Residential PSRG SRG Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result QualAcetone12000‐NDND0.039 J 0.034 J NDNDND1,4 Dioxane5.4‐ND ND ND ND ND ND NTBenzo(a)anthracene1.1‐NDNDNDND0.085 J NDNTBenzo(a)pyrene1.1‐NDNDNDND0.089 J NDNTBenzo(b)fluoranthene1.1‐NDNDNDND0.12 J NDNTBenzoic Acid50000‐NDNDND0.41 J NDNDNTChrysene1.1‐NDNDNDND0.085 J NDNTFluoranthene480‐NDNDNDND0.24NDNTPhenanthreneNSE‐NDNDNDND0.18 J NDNTPyrene360‐NDNDNDND0.20 J NDNTArsenic0.68223.03.03.12.93.13.1NTBeryllium31‐0.260.20 J 0.380.430.340.35NTCadmium14‐NANANA0.20 J 0.12 J NANTChromium (total)*23000‐223423181822NTCopper630‐9.48.714222714NTIron1100055000 25000 MS‐19 2500034000320004000033000NTLead**400‐181723675324NTManganese***380‐1620268914025NTMercury2.3‐0.180.180.100.180.210.12NTNickel****310‐4.6 J 3.2 J 4.7 J 7.38.94.8 J NTSelenium78‐0.28 MS‐07, J 0.30 J 0.20 J NANA0.14 J NTSilver78‐0.046 J 0.055 J 0.032 J 0.090 J 0.0770.034 J NTThallium0.16‐0.320.23 J 0.280.260.260.28NTZinc4700‐382915967315NTAmmonia as N6.2.E+09‐NDNDNDNDNDNDNTNitrate25000‐3.62.5 J 1.3 J 5.33.42.8 J NTSulfateNSE‐NDNDNDNDNDNDNTResults reported in mg/KgResults in BOLD exceed the SRG or PSRG, whichever value is greater.IHSB PSRG Preliminary Soil Remediation GoalSRG Site Specific Remediation Goal (where established)NSENo Standard AvailableND Not DetectedNTNot TestedVOCsVolatile Organic CompoundsSVOCsSemi‐Volatile Organic Compounds**** Nickel ‐ Standards for Soluble Salts are used for comparison.1,4 Dioxane by EPA Method 8260 C SIMMetals by EPA Method 6020 A‐B and 7470AAmmonia as N by SM19‐22 4500 NH3 CParameterSVOCs by EPA Method 8270 DVOCs by EPA Method 8260 B*** Manganese ‐ Standards for Manganese (Non‐Diet) are used for comparison.** Lead ‐ Residential/Industrial PSRGs are not available; EPA Regional Screening Level is used for comparison.* Chromium ‐ Standards for Chromium III are used for MS‐07 ‐ Matrix spike recovery is outside of control limits. Analysis is in control based on laboratory fortified blank recovery.Possibility of sample matrix effects that lead to low bias for reported result or non‐homogeneous sample aliquot cannot be eliminated.Nitrate and Sulfate by EPA Method 300Sampling Intervals, in ft BGS, are presented in parenthesis () following boring ID. J ‐ The identification of the analyte is acceptable, the reported value is an estimate. MS‐19 ‐Matrix spike ratio is greater than or equal to 4:1. Spiked amount is not representative of the native amount in the sample. Appropriate or meaningful recoveries cannot be calculated. Sample IDS‐QR‐3‐4 (DUP) Trip BlankCollection Date8/22/2014 ‐S‐ST‐3‐4 S‐RS‐3‐4 S‐QR‐3‐4 S‐ST‐4‐5 S‐RS‐4‐58/22/2014 8/22/2014 8/22/2014 8/22/2014 8/22/20141 of 1 TABLE 2Soil Sampling Analytical Results Summary (Detections Only)Franklinton DumpFranklinton, Franklin County, NCID NONCD0000310Task Order 310DP‐14Residential PSRG SRG Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result QualAcetone12000‐ NDNDNDND0.026 R‐05, J NDND0.050 R‐05, J 0.025 R‐05, J 0.044 R‐05, J NDNDToluene990‐ NDNDNDNDNDND0.0027 J NDNDNDNDND1,4 Dioxane5.4‐ ND ND ND ND ND ND ND ND ND ND Benzoic Acid50000‐ 0.31 J 0.35 J 0.33 J 0.31 J 0.54 J 0.41 J 0.45 J 0.63 J 0.44 J 0.83 JArsenic0.6822 2.53.21.71.12.24.23.93.73.52.9Beryllium31‐ 0.19 J 0.25 J 0.15 J 0.15 J 0.24 J 0.25 J 0.29 J 0.26 J 0.12 J 0.21 JCadmium14‐ NDNDNDNDNDNDND0.035 J NDNDChromium (total)*23000 ‐ 1723138.6143228232520Copper630‐ 10156.25.715171622119.9Iron11000 55000 22000 28000 14000 MS‐19 11000 2200040000380003300033000 26000Lead**400‐ 19191311312625561717Manganese***380 ‐ 179623717810043782224Mercury2.3‐ 0.0690.260.0530.0420.160.150.0910.160.0480.049Nickel****310 ‐ 3.5 J 7.83.9 J 2.7 J 5.68 J 6.27.24.5 J 3.9 JSelenium78‐ 0.3 J ND 0.19 J ND 0.088 J ND ND ND ND ND Silver78‐ 0.051 J 0.068 J 0.044 J 0.026 J 0.066 J 0.079 J 0.072 J 0.0950.062 J 0.054 JThallium0.16‐0.200.350.240.210.260.400.320.300.340.29Zinc4700‐ 13461317534157772426Ammonia as N6.2.E+09 ‐ NDNDNDNDNDNDNDNDNDNDNitrate25000‐ 1.2 J 1.3 J 1.3 J 1.0 J 0.84 J 1.0 J ND1.1 J 1.5 J 2.2 JSulfateNSE‐ 910200 R‐04, J NDNDND100 J NDNDNDNDResults reported in mg/KgResults in BOLD exceed the SRG or PSRG, whichever value is greater.IHSB PSRG Preliminary Soil Remediation GoalSRG Site Specific Remediation Goal (where established)NSENo Standard AvailableND Not DetectedNTNot TestedVOCsVolatile Organic CompoundsSVOCsSemi‐Volatile Organic Compounds**** Nickel ‐ Standards for Soluble Salts are used for comparison.Ammonia as N by SM19‐22 4500 NH3 CParameterSVOCs by EPA Method 8270 DVOCs by EPA Method 8260 BNTNT*** Manganese ‐ Standards for Manganese (Non‐Diet) are used for comparison.** Lead ‐ Residential/Industrial PSRGs are not available; EPA Regional Screening Level is used for comparison. R‐04 ‐ Duplicate relative percent difference (RPD) is a less useful indicator of sample precision for sample results that are <5 times the reporting limit (RL).Nitrate and Sulfate by EPA Method 300Sampling Intervals, in ft BGS, are presented in parenthesis () following boring ID. J ‐ The identification of the analyte is acceptable, the reported value is an estimate. MS‐19 ‐Matrix spike ratio is greater than or equal to 4:1. Spiked amount is not representative of the native amount in the sample. Appropriate or meaningful recoveries cannot be calculated. NTNT* Chromium ‐ Standards for Chromium III are used for comparison. R‐05 ‐ Laboratory fortified blank duplicate RPD is outside of control limits. Reduced precision is anticipated for any reported value for this compound.S‐RS‐7‐8 DUPTrip Blank2Collection Date8/28/2014‐S‐RS‐6‐7S‐ST‐7‐8 S‐RS‐7‐8 8/28/20148/28/2014 8/28/2014Trip Blank1‐S‐QR‐6‐78/28/2014S‐ST‐6‐7NTNTNTNTNTNTSample ID1,4 Dioxane by EPA Method 8260 C SIMMetals by EPA Method 6020 A‐B and 7470A8/28/2014S‐QR‐4‐58/28/2014S‐ST‐5‐68/28/2014S‐RS‐5‐68/28/2014S‐QR‐5‐68/28/20141 of 1 TABLE 3Soil Sampling Analytical Results Summary (Detections Only)Franklinton DumpFranklinton, Franklin County, NCID NONCD0000310Task Order 310DP‐14Residential PSRG SRG Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result QualAcetone12000‐ NDND0.042 J 0.026 J ND0.035 J 0.037 J 0.037 J 0.039 J NDNDND0.029 J 0.052 J NDND1,4 Dioxane5.4‐ ND ND ND ND ND ND ND ND ND NDNDNDNDNDBenzoic Acid50000‐ NDNDNDNDNDNDND0.36 V‐20, J NDNDNDNDNDNDArsenic0.6822 0.662.63.91.51.61.966.43.53.83.61.54.14.4Beryllium31‐ 0.2 J 0.2 J 0.2 J 0.065 J 0.081 J 0.25 J 0.17 J 0.21 J 0.19 J 0.44 0.094 J 0.099 J 0.14 J 0.16 JChromium (total)*23000 ‐ 6.724391418175566293029143640Copper630‐ 107.79.32.9 J 5.55.812179.213113.6 J 6.58.0Iron11000 55000 140002500033000140001500019000400005000029000 37000 25000 12000 40000 38000Lead**400‐ 1116148.3111313161717157.21316Manganese***380 ‐ 11011207.77.6131518193431127.813Mercury2.3‐ 0.015 J 0.0820.0920.024 J 0.0420.180.110.30.230.30.11 0.036 0.150.19Nickel****310 ‐ 2.8 J 3.0 J 3.8 J 1.7 J 2.3 J 2.5 J 4.3 J 4.9 J 3.3 J 4.4 J 4.2 J 2.6 J 2.4 J 3.1 JSilver78‐ 0.024 B, J 0.058 B, J 0.082 B, J 0.059 B, J 0.06 B, J 0.042 B, J 0.11 B‐07 0.17 B‐07 0.085 B, J 0.075 B, J 0.073 B, J 0.04 B, J 0.085 B, J 0.12 B‐07Thallium0.16‐0.240.170.270.110.100.170.260.300.230.320.160.120.140.19Zinc4700‐ 249.9 J 113.8 J 8.7 J 2110 J 141517135.5 J 5.5 J 9.3 JAmmonia as N6.2.E+09 ‐ NDNDNDNDNDNDNDNDNDNDNDNDNDNDNitrate25000‐ 8.8 J 1.7 J 1.5 J 3.9 J 2 J 1.3 J 1.2 J 3.71.1 J ND1.1 J 2.1 J 1410SulfateNSE‐ NDNDNDNDNDNDNDNDNDND100 J NDNDNDResults reported in mg/KgResults in BOLD exceed the SRG or PSRG, whichever value is greater.IHSB PSRG Preliminary Soil Remediation GoalSRG Site Specific Remediation Goal (where established)NSE No Standard AvailableND Not DetectedNT Not TestedVOCs Volatile Organic CompoundsSVOCs Semi‐Volatile Organic Compounds**** Nickel ‐ Standards for Soluble Salts are used for comparison.Ammonia as N by SM19‐22 4500 NH3 CParameterSVOCs by EPA Method 8270 DVOCs by EPA Method 8260 BNTNT1,4 Dioxane by EPA Method 8260 C SIMMetals by EPA Method 6020 A‐B and 7470A*** Manganese ‐ Standards for Manganese (Non‐Diet) are used for comparison.** Lead ‐ Residential/Industrial PSRGs are not available; EPA Regional Screening Level is used for comparison. V‐20 ‐ Continuing calibration did not meet method specification and was biased on the high side. Data validation is not affected since sample result was "not detected" for this compound. Nitrate and Sulfate by EPA Method 300 J ‐ The identification of the analyte is acceptable, the reported value is an estimate. B‐07 ‐Data is not affected by elevated level in laboratory blank since sample result is >10x level found in the blank.NTNT* Chromium ‐ Standards for Chromium III are used for comparison. B ‐ Analyte is found in the associated laboratory blank as well as in the sample. Trip Blank2Collection Date‐S‐GH‐5‐6 S‐GH‐3‐4 S‐HJ‐6‐79/24/20189/24/2018 9/24/2018Trip Blank1‐S‐GH‐4‐59/24/2018S‐FG‐3‐4Sample IDS‐HJ‐5‐6NTNTNTNTNTNT9/24/20189/24/2018S‐MN‐8‐99/24/2018S‐EF‐4‐59/24/2018S‐FG‐5‐69/24/2018S‐FG‐4‐59/24/2018S‐HJ‐4‐59/24/2018 9/24/2018S‐HJ‐3‐49/24/2018 9/24/2018S‐HJ‐2‐3 S‐HJ‐2‐3 (DUP)1 of 1 TABLE 4Soil Sampling Analytical Results Summary (Detections Only)J.H. Winston DumpNONCD0000311Youngsville, Franklin County, NC Task Order 311RA‐11Residential PSRG SRG Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result QualAcetone12000‐ 0.038 J ND0.050 J 0.07 J 0.063 J 0.034 J 0.056 J ND0.024 R‐05, J 0.041 R‐05, J 0.043 R‐05, J NDND1,4 Dioxane5.4‐ ND ND ND ND ND ND NDNDNDNDNDBenzoic Acid50000‐ 0.27 J ND0.28 J 0.28 J 0.32 J 0.32 J NDNDND0.29 J 0.30 JArsenic0.6822 4.00.924.85.82.43.332.42.93.23.7Beryllium31‐ 0.21 DL‐05, J ND J 0.2 DL‐05, J 0.27 DL‐05, J 0.21 DL‐05, J 0.3 DL‐05, J 0.22 DL‐05, J NDND0.22 DL‐05, J 0.26 DL‐05, JChromium (total)*23000 ‐ 3110355121272626232933Copper630‐ 7.4 J 3.0 J 11156.110107.36.28.49.3Iron11000 55000 32000 8100 31000 51000 20000 36000 29000 16000 22000 29000 34000Lead**400‐ 175.816201211158.69.91617Manganese***380 ‐ 8.58.711201014258.8131412Mercury2.3‐ 0.47 B‐07 0.039 B‐07 0.38 B‐07 0.29 B‐07 0.13 B‐07 0.10 B‐07 0.092 B‐07 0.087 B‐07 0.14 B‐07 0.31 B‐07 0.46 B‐07Nickel****310 ‐ 2.8 J 1.5 J 4.3 J 5.53.1 J 3.4 J 5.0 J 4.1 J 3.0 J 2.7 J 2.8 J78‐ NDNDNDNDNDNDNDNDND0.43 J 0.54 JSilver78‐ 0.063 J 0.038 J 0.100.110.047 J 0.05 J 0.053 J 0.057 J 0.062 J 0.087 J 0.095 JThallium0.16‐0.190.130.230.330.180.260.230.160.200.260.31Zinc4700‐ 9.8 J 5.6 J 14156 J 9.4 J 139.51301311 JAmmonia as N6.2.E+09 ‐ NDNDNDNDNDNDNDNDNDNDNDNitrate25000‐ 3.22.5 J 2.0 J 3.46.59.95.61 J 1 J 1.8 J 1.8 JSulfateNSE‐ ND130 J 240 J 170 J 230220 J 190 J ND240NDNDResults reported in mg/KgResults in BOLD exceed the SRG or PSRG, whichever value is greater.IHSB PSRGPreliminary Soil Remediation GoalSRG Site Specific Remediation Goal (where established)NSENo Standard AvailableND Not DetectedNTNot TestedS‐KL 5‐6Sample ID S‐JK 2‐3 S‐JK 3‐4 S‐JK 4‐5 S‐JK 5‐6 S‐JK 6‐7 S‐KL 7‐8 S‐KL 6‐7S‐KL 4‐5 S‐KL 3‐4 S‐KL DUP Trip Blank 1 Trip Blank 2ParameterVOCs by EPA Method 8260 B1,4 Dioxane by EPA Method 8260 C SIM‐‐9/27/2018 9/27/2018 9/27/2018 9/27/2018 9/27/2018 9/27/2018 9/27/2018 9/27/2018 9/27/2018 9/27/2018Collection Date9/27/2018NTNTNTNTMetals by EPA Method 6020 A‐B and 7470ASVOCs by EPA Method 8270 DNTNTNTNitrate and Sulfate by EPA Method 300NTNTSeleniumAmmonia as N by SM19‐22 4500 NH3 C J ‐ The identification of the analyte is acceptable, the reported value is an estimate. B‐07 ‐Data is not affected by elevated level in laboratory blank since sample result is >10x level found in the blank. DL‐05 ‐ Sample required a dilution due to high internal standard recovery of the lesser diluted digestion, reporting limit is elevated. R‐05 ‐ Laboratory fortified blank duplicate RPD is outside of control limits. Reduced precision is anticipated for any reported value for this compound.NT TABLE 5Soil Sampling Analytical Results Summary (Detections Only)J.H. Winston DumpNONCD0000311Youngsville, Franklin County, NC Task Order 311RA‐11Residential PSRGSRG Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result Qual Result QualAcetone12000 ‐ 00.053 J 0.081 J 0.032 J 0.045 J ND J 0.063 J 0.043 J 0.029 J NDND1,4 Dioxane5.4 ‐ NDND ND ND ND ND NDNDND6.1 ‐ 0.002 J ND ND ND ND ND ND ND ND NSE ‐ 0.0013 J ND ND ND ND ND ND ND ND Toluene990 ‐ 0.0026 ND ND ND ND ND ND ND ND Benzoic Acid50000 ‐ 0.34 V‐20, J 0.25 V‐20, J 0.28 V‐20, J 0.23 V‐20, J 0.28 V‐20, J ND0.38 V‐20, J 0.26 V‐20, J 0.27 V‐20, JAntimony 6.3 ‐ ND0.2 J 0.22 J ND0.23 J 0.19 J NDND0.19 JArsenic0.68 22 2.52.73.51.62.52.41.92.22.5Beryllium31 ‐ 0.28 J 0.19 J 0.22 J 0.063 J 0.14 J 0.26 J 0.16 J 0.320.34Cadmium14 ‐ 0.014 J NDNDNDNDNDNDNDNDChromium (total) *23000 ‐ 161923111717141415Copper630 ‐ 7.78.9 J 123.9 J 88.45.7 J 8.19.3Iron11000 55000 24000 25000 28000 10000 MS‐19 20000 29000 17000 26000 28000Lead**400 ‐ 1524195.41112119.811Manganese***380 ‐ 1920787.51822232829Mercury2.3 ‐ 0.170.110.190.098 0.0980.130.0780.060.071Nickel****310 ‐ 2.8 J 6.77.11.8 J 3.4 J 2.8 J 2.6 J 3.3 J 3.6 J78 ‐ 0.28 J 0.45 J 0.23 J 0.19 MS‐07, J 0.18 J 0.22 J 0.18 J 0.31 J 0.34 JSilver78 ‐ 0.045 J 0.062 J 0.07 J 0.033 0.046 J 0.046 J 0.45 J 0.063 J 0.083 JThallium0.16 ‐0.170.210.310.0910.190.200.180.250.26Zinc4700 ‐ 1462 J 338.6 J 12139.5 J 1316Ammonia as N6.2.E+09 ‐ NDNDNDNDNDNDNDNDNDNitrate25000 ‐ 2.8 J 2.74.94.41.8 J 1.7 J 8.51.4 J 1.6 JSulfateNSE ‐ 150 J 220320 R‐02 ND230 J 190 J 220 J 180 J 250Results reported in mg/KgResults in BOLD exceed the SRG or PSRG, whichever value is greater.IHSB PSRGPreliminary Soil Remediation GoalSRG Site Specific Remediation Goal (where established)NSE No Standard ExistsND Not DetectedNT Not Tested MS‐19 ‐ Sample to spike ratio is greater than or equal to 4:1. Spiked amount is not representative of the native amount in the sample. Appropriate or meaningful recoveries cannot be calculated. MS‐07 ‐ Matrix spike recovery is outside of control limits. Analysis is in control based on laboratory fortified blank recovery.Possibility of sample matrix effects that lead to low bias for reported result or non‐homogeneous sample aliquot cannot be eliminated.NTNT J ‐ The identification of the analyte is acceptable, the reported value is an estimate. R‐02 Duplicate RPD is outside of control limits. Outlier can be attributed to sample non‐homogeneity encountered during sample prep.NTNTNTNTEthylbenzenep‐IsopropyltolueneAmmonia as N by SM19‐22 4500 NH3 CNitrate and Sulfate by EPA Method 300SVOCs by EPA Method 8270 D V‐20 ‐Continuing calibration did not meet method specifications and was biased on the high side. Data validation is not affected since sample result was "not detected" for this compound.NTNTNTNTSelenium10/1/2018‐ParameterMetals by EPA Method 6020 A‐B and 7470A1,4 Dioxane by EPA Method 8260 C SIMVOCs by EPA Method 8260 B‐Trip Blank 1 Trip Blank 2S‐DUPCollection Date10/1/2018 10/1/2018 10/1/2018 10/1/201810/1/2018 10/1/2018 10/1/2018 10/1/2018S‐MN‐4‐5 S‐NP‐4‐5S‐MN‐3‐4Sample ID S‐LM‐3‐4 S‐LM‐4‐5 S‐LM‐5‐6 S‐LM‐6‐7S‐LM‐2‐3 APPENDIX F Certified As‐Built Survey Figure Dale Place D B 1 4 5 3 P g 0 2 4 Medfield Pro p . L L C D B 1 7 1 2 P g 2 3 7 SAF SAF SAF SAF SAF SAF SAF SAF SAF SAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFSAFFormer Northern Waste Disposal Area Former Stockpile LocationFormer Contractor Laydown Area Cleared Area Former Basin Fo rme r Sp i l lwa y Former Southern Waste Disposal Area Cleared Area For m e r D i v e r s i o n D i t c h Former Diversion D itchFormer Diversion DitchFormer D i v e r s i o n D i t c h Approximate Location of Small Pile of Shingles Allowed to Remain Onsite Not To Scale Vicinity Sketch North Carolina 237 947 160' Date: Drawing # Scale: 1" = &1843-97-1741 Township: Tax Map# Youngsville NCDEQ Survey Of: 1453 1712 Franklin 024DB______ Pg______ DB______ Pg______ State: County: 828 288 0008 149 South Main Street Rutherfordton, NC 28139 SURVEYING, P.A. TRIPOD LAND Survey For: Legend 5/5/14-6/18/18 DB - Deed Book EIP - Existing Iron Pipe EIR - Existing Iron Rod/Rebar IPS - Iron Pipe Set IRS - Iron Rod Set PB - Plat Book RW - Right of Way SR - State Road TL - Total Length - Utility Pole - Unmarked Point C-2183 A YE N R SEAL VRUSDN R O F E SSIO C A L-4299 W.T E O L RO L R R NIII YAA LPTH H NNORJO"I, John W Terry II, certify that this map was drawn under my supervision from an actual survey made under my supervision, using GPS and conventional ground surveying methods and the following information was used to perform the survey; (1) Class of survey: AA (2) Positional accuracy: 0.015 M (0.05') (3) Type of GPS field procedure: NCVRS Network RTK (4) Dates of survey: 05/05-06/062014 (5) Datum/Epoch: NAD 83/2011 (6) Published/Fixed-control use: NCVRS System (7) Geiod model: Geoid12(ConUS) (8) Combined grid factor(s): 0.9999541 (9) Units: US Survey Foot; Deed description recorded in Deed Book 1453 Page 024 ; that the ratio of precision as calculated is 1:10,000 +; that this plat was prepared in accordance with N.C.G.S. 47-30 as amended, AND that this survey is an exception to the definition of a subdivision. (D) Witness my original signature, registration number and seal this 7th day of June 2014 _________________________________________________________________________ John W. Terry II - PLS # 4299 All Distances Are GroundNC Grid North - Nad 83/2011Notes:__________________________________ 1 - Area by coordinate geometry, 2 - Survey does not certify title or ownership 3 - This plat was prepared without the benefit of a title search which may reveal additional conveyances, easements, rights-of-way, building restrictions, zoning, etc. 4 - All property ownership information has been taken from current tax records. 5 - Property is subject to easements, etc. of record 6 - Underground utilities have not been located. 7 - This is a revised version of a previous plat. The intention of this plat is to show the approximate location of various features and former features of the site. The only new surveying shown on this plat shows surveyed elements of the remedy. EIP N - 839751.949' E - 2148429.829' EL - 474.72' EIP N - 839438.628' E - 2148333.383' EL - 479.74' EIP, Bent EIP, Bent EIP N - 839812.587' E - 2147909.826' EL - 460.44' EIP N - 838930.204' E - 2148175.190' EL - 482.56' EIP N - 838136.017' E - 2147972.904' EL - 472.51' EIP EIP EIP EIP EIP Johnson DB 849 Pg 892 Teasley DB 849 Pg 391 Williams DB 849 Pg 215 Norris DB 848 Pg 076 Johnson DB 1943 Pg 119 Henry DB 838 Pg 198 Monroe Alston DB 1384 Pg 973 Alston DB 1384 Pg 973 Harris DB 834 Pg 734 Teasley DB 845 Pg 743 Ramsey DB 1050 Pg 065 Richardson DB 878 Pg 486 Hernandez DB 1859 Pg 053 Jones DB 763 Pg 254 Peconic Properties, LLC DB 1930 Pg 327 Dale Place D B 1 4 5 3 P g 0 2 4 Medfield Pro p . L L C D B 1 7 1 2 P g 2 3 7 EIP EIP, bent with nail set at base N - 838054.591' E - 2149149.840' EL - 436.60' EIP N - 839628.377' E - 2149519.485' 469.64' Bert Winston Rd Long Mill RoadN C 9 6 US Hwy 1Site 1843-88-7962 Survey of Portions of the JH Winston Site Louisburg HMA, LLC DB 1711 Pg 765 Dale Place DB 1453 Pg 024 Medfield Prop. LLC DB 1712 Pg 237 NONCD0000311 0 160 320 480 U.S. HWY 1 200' R/WTri Doan DB 921 Pg 297 T&S DB 1894 Pg 515McGhee1152/405Approximate Location of Construction Debris Allowed to Remain OnsiteApproximate Location of Former Concrete Culvert Revision - 11/14/2019 - The intention of this plat is to show the approximate location of various features and former features of the site. The only new surveying shown on this plat shows surveyed elements of the remedy. DocVerify ID: C9B1B80C-D25A-4C74-A57D-8A927F946BC8 www.docverify.comC9B1B80C-D25A-4C74-A57D-8A927F946BC8 --- 2019/11/14 12:13:15 -8:00Page 1 of 1 18A927F946BC8 DD6C1546DECF Signed on 2019/11/14 12:14:23 -8:00 John W Terry Ii