20090049 Ver 2_Mitigation Remediation Plans_20200317

Strickland, Bev
From: Browning, Kimberly D CIV USARMY CESAW (USA)
<[e-mail]>
Sent: Tuesday, March 17, 2020 11:37 AM
To: Tugwell, Todd J CIV USARMY CESAW (US); Haupt, Mac; Davis, Erin B; Wilson, Travis W.;
Bowers, Todd
Subject: [External] NCDMS Glade II Repair/ Alleghany Co.
Attachments: GladelINWP3Browning.pdf, INFORMAL_GladeCreekllRepairs_3-9-2020.pdf; Glade
Repair - scope REV.pdf, Glade II Easement Repair Basemap (002).pdf; Bank Repair
needed Nov20l9jpg
Follow Up Flag: Flag for follow up
Flag Status: Completed
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attachment to [e-mail]<maiIto: [e-mail]>
I RT,
Wildlands will be doing a few small repairs on Glade 11 (recall our site visit last November). I assume we'll want to require
at least one additional year of monitoring. It's in MY4 currently, so this would be a good one to look at next year after
the repairs. Let me know if you have any questions.
Thanks
Kim
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
3331 Heritage Trade Dr, Ste. 105 1 Wake Forest, NC 27587 1 919.554.4884 x60
BUILDING STRONG
-----Original Message -----
From: Xu, Lin <[e-mail]>
Sent: Monday, March 16, 2020 4:19 PM
To: Browning, Kimberly D CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Glade II Repair
Thanks Kim. Here is the cover letter for the repair and its supporting documents. Please let me know if you need
anything else.
Have a good evening!
Lin
Lin Xu
Project Review Coordinator
Division of Mitigation Services
Department of Environmental Quality
1

[phone] Office
[phone] mobile
[e-mail]
1652 Mail Service Center
Raleigh, NC 27699-1652
**************************************************************************
Hi Shawn
I spoke with Lin at DMS yesterday and he explained that you guys were planning 3 repairs on Glade 11. 1 was at the site
visit last November, and recall the need for the bank and headcut repairs. Since the original permit was issued in 2013, it
is expired and you can no longer perform the work under that permit. You may meet the conditions for using a non -
notifying NWP3, which would save time and documentation from the obtaining a new permit verification. If so, please
provide me a short adaptive management plan describing the repairs with a map and include a cover letter verifying that
you meet the conditions.
Keep in mind that Alleghany County contains trout waters and so a trout moratorium may apply. I have copied Regional
Condition 4.1 regarding notification in trout waters.
4.1 NWP #3 - Maintenance 4.1.1 In designated trout watersheds, a PCN is not required for impacts to a maximum of 75
linear feet (150 linear feet for temporary dewatering) of streams and waterbodies when conducting maintenance
activities. Minor deviations in an existing structure's configuration, temporary structures and temporary fills are
authorized as part of the maintenance activity. In designated trout watersheds, the permittee shall submit a PCN (see
Regional Condition 2.7 and General Condition 32) to the District Engineer prior to commencing the activity if; 1) impacts
(other than temporary dewatering to work in dry conditions) to streams or waterbodies exceed 75 linear feet; 2)
temporary impacts to streams or waterbodies associated with dewatering to work in dry conditions exceeds 150 linear
feet; 3) the project will involve impacts to wetlands; 4) the project involves the replacement of a bridge or spanning
structure with a culvert or nonspanning structure in waters of the United States; or 5) the activity will be constructed
during the trout waters moratorium (October 15 through April 15).
Hopefully that helps. Let me know if you have any questions.
Thanks,
Kim
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
3331 Heritage Trade Dr, Ste. 105 1 Wake Forest, NC 27587 1 919.554.4884 x60 1 919.413.6392 cell
BUILDING STRONG

ROY COOPER
Governor
NCHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Kimberly Browning
Regulatory Division
Wilmington District
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
NORTH CAROLINA
Environmental Quality
March 16, 2020
Re: Non -notifying NWP 3 — Glade Creek II Repair Project, Alleghany County (DMS Full
Delivery Project)
Dear Ms. Browning:
DMS is proposing to conduct a repair project at Glade Creek II site in Alleghany County. The
proposed works include conducting repairs at three areas (please see attached informal project
manual and map). The temporary impact for streams at repair is II is 55 linear feet (LF) and the
temporary impact at repair area III is 50 LF. According to the general condition of 4.1 NWP #3,
this project will fall under the non -notifying NMP 3.
Attached for your review are the informal project manual (including project map) and the project
scope. Please call me @ 919-707-8319 or email me at Lin.Xu(dFncdenr. ov with any questions
or comments regarding this project.
Thank you very much for your assistance.
Sincerely,
Lin Xu
NC DMS Review Coordinator
:>
r n-i i ) E Qom,/
Ur�ow�4 1.!
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

WILDLANDS
ENGINEERING
January 25, 2020
Mr. Paul Wiesner
NCDEQ-Division of Mitigation Services
RE: Scope and Fee Request — Glade Creek Construction Repair, Alleghany County
The Glade Creek II Restoration Project was constructed in 2015. During the 2019 IRT post -construction
field review of the site, several areas were determined in need of repair. These areas include:
1. Wetland B: outlet headcut (approximate Glade Creek as -built stream station 22+75) and
poor woody stem growth (0.74 acres)
2. Undercut brush mattress (approximate Glade Creek as -built stream station 22+95 to 23+50)
3. Left bank hillslope erosion (approximate Glade Creek as -built stream 24+25 to 24+75)
Wildlands Construction will assess the site and develop a plan to repair these three areas for DMS.
Techniques used to repair these areas will likely include the following:
1. Installing two to three new rock sills across the Wetland B outlet to arrest the headcut and
provide a stable step system for overland flow to enter Glade Creek; reseeding and matting
disturbed slopes; and installing live cuttings from onsite plants along outlet. Supplementally
plant Wetland B with bare roots.
2. Cutting back vegetation overgrowth on right bank which is directing flow towards left bank at
22+95; replacing brush mattress with brush toe soil lifts from 22+95 to 23+50; and grading back
and re -stabilizing point bar slope from 22+95 to 24+75 to provide more storage in pool.
3. Cutting large trees off top of slope from 24+25 to 24+75 to reduce weight on slope; burying
timber in bank to provide structural support to slope; repairing slope erosion behind the log
vane using material generated from point bar excavation; reseeding and matting disturbed
slopes; and planting bare roots along buried timber.
The repair plan will consist of one repair plan sheet showing the stream alignment and topography from
the as -built plans, the proposed access route and limits of disturbance, repair design elements and
details, and seeding and planting schedules. Wildlands will revise the plans once based on DMS
comments, if necessary. Disturbed areas will be revegetated with up to 500 bare roots, and the access
routes will be revegetated with up to 25 one -gallon container plants.
Disturbance will be kept under one acre, and Wildlands expects that an erosion control permit will not
be required. DMS will be responsible for obtaining all permits required for the repair construction,
including coordination with agencies to obtain 401/404 permit approval. Wildlands will complete
construction within 4 weeks of receipt of approved permits from DMS, with a concerted effort to
complete work directly after the trout moratorium. Please note that all pricing is based on the
construction in the wet and excludes stream crossings or flow diversion; if these are required by the
permitting agencies, Wildlands will submit a cost amendment.
The lump sum fee for this work is $14,500.
W Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, INC 28203

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INFORMAL CONTRACT
•;
GLADE CREEK II REPAIRS
ALLEGHANY COUNTY, NORTH CAROLINA
PROJECT MANUAL
DMS Project # 92343
March 9, 2020
NORTH CAROLINA DIVISION OF MITIGATION SERVICES
Department of Environmental Quality
217 West Jones Street, Suite 3000A
Raleigh, North Carolina 27603

TABLE OF CONTENTS
SCOPEOF WORK.............................................................................................................................. 3
GENERAL CONDITIONS....................................................................................................................
5
SUPPLEMENTARY GENERAL CONDITIONS.................................................................................
17
SEQUENCE OF CONSTRUCTION EVENTS....................................................................................
18
SPECIAL PROVISIONS: ...................................................................................................................
19
SECTION 1.0: GENERAL SPECIFICATIONS...........................................................................
19
SECTION 2.0: MOBILIZATION..................................................................................................20
SECTION 3.0: Repairs..............................................................................................................
21
GENERAL CONSTRUCTION CONTRACT: ......................................................................................
22
APPENDIX........................................................................................................................................
25
RepairPlans.................................................................................................................................
25

STATE OF NORTH CAROLINA
STANDARD FORM OF INFORMAL CONTRACT
AND GENERAL CONDITIONS
FOR
NCDEQ — Division of Mitigation Services
Glade Creek II Repairs
Alleghany County, North Carolina
DMS Project ID No. 92343
SCOPE OF WORK
The scope of work to be completed consists of bioengineering and bank repairs, and addressing a
headcut area including but not limited to bank reshaping, installation a step structure and soil -lifts and
performing wetland supplemental wetland planting at locations described on the plans in accordance
with the specifications provided with this contract. Work will be completed in three areas (see
construction plans). The Contractor shall perform the specified operations in a careful, workmanlike
manner that will promote the continued life and healthy growth of all plants in their final location.

ACCEPTANCE FORM
for
Glade Creek II Repairs
DMS Project ID # 92343
Alleghany County
The undersigned, as contractor, proposes and agrees if this contract is accepted to contract with the State of
North Carolina through the Division of Mitigation Service (DMS) for the
furnishing of all materials, equipment, and labor necessary to complete the construction of the work described in
these documents in full and complete accordance with plans, specifications, and contract documents, and to the
full and entire satisfaction of the DMS and the Wildlands Engineering for the
sum of:
Respectively submitted this day of 20
Federal ID#:
Witness:
(Proprietorship or Partnership)
(Contractor's Name)
By_
Title:
(Owner, partner, corp. Pres. Or Vice President)
Address:
Attest: (corporation) Email Address:
(Corporate Seal)
By: License #:
Title:
(Corporation, Secretary./Ass't Secretary.)

ACCEPTED by the STATE OF NORTH CAROLINA
through the
DEPARTMENT OF ENVIRONMENTAL QUALITY - NC Division of Mitigation Services
Total amount of accepted by the owner:
AN
Date:
TITLE:

GENERAL CONDITIONS
GENERAL
It is understood and agreed that by submitting a proposal that the Contractor has examined these
contract documents, drawings and specifications and has visited the site of the Work, and has
satisfied himself relative to the Work to be performed.
2. DEFINITIONS
Owner: "Owner" shall mean, The State of North Carolina through Division of Mitigation Services (DMS)
Contractor: "Contractor" shall mean the entity that will provide the services for the Owner.
Designer: The designer(s) are those referred to within this contract, or their authorized representatives. The
Designer(s), as referred to herein, shall mean architect and/or engineer responsible for preparing the project
plans and specifications. They will be referred to hereinafter as if each were of the singular number, masculine
gender.
Contract Documents: "Contract Documents" shall consist of General Conditions of the Contract; special
conditions if applicable; Supplementary General Conditions; the drawing and specifications, including all
bulletins, addenda or other modifications of the drawings and specifications incorporated into the documents
prior to their execution;; the contract; the performance bond if applicable; and insurance certificates. All of these
items together form the contract.
INTENT AND EXECUTION OF DOCUMENTS
The drawings and specifications are complementary, one to the other. That which is shown on the drawings or
called for in the specifications shall be as binding as if it were both called for and shown. The intent of the
drawings and specifications is to establish the scope of all labor, materials, transportation, equipment, and any
and all other things necessary to provide a complete job. In case of discrepancy or disagreement in the
Contract Documents, the order of precedence shall be: Form of Contract, specifications, large-scale detail
drawings, small-scale drawings.
In such cases where the nature of the work requires clarification by the Designer/ Owner, the Designer/ Owner
shall furnish such clarification. Clarifications and drawings shall be consistent with the intent of the Contract
Documents, and shall become a part thereof.
4. AS -BUILT MARKED -UP CONSTRUCTION DOCUMENTS
Contractor shall provide one complete set of legible "as -built" marked -up construction drawings and
specifications recording any and all changes made to the original design during the course of
construction. In the event no changes occurred, submit construction drawings and specifications set
with notation "No Changes." The Designer/Owner must receive "As -built" marked -up construction
drawings and specifications before the final pay request can be processed.
5. SUBMITTAL DATA
The Contractor awarded the contract shall submit all specified submittals to the Owner/Designer. A minimum
number of copies as specified by the owner, of all required submittal data pertaining to construction,
performance and general dimensional criteria of the components listed in the technical specifications shall be
submitted. No material or equipment shall be ordered or installed prior to written approval of the submittals by
the Designer/Owner. Failure to provide submittal data for review on equipment listed in the technical
specifications will result in removal of equipment by the Contractor at his expense if the equipment is not in
compliance with the specifications.

6. SUBSTITUTIONS
In accordance with the provisions of G.S. 133-3, material, product, or equipment substitutions proposed by the
contractors to those specified herein can only be considered during the contracting phase until five (5) days
prior to the receipt of contracts when submitted to the Designer with sufficient data to confirm material, product,
or equipment equality. Proposed substitutions submitted after this time will be considered only as potential
change order.
Submittals for proposed substitutions shall include the following information:
Name, address, and telephone number of manufacturer and supplier as appropriate_
Trade name, model or catalog designation.
C. Product data including performance and test data, reference standards, and technical
descriptions of material, product, or equipment. Include color samples and samples of available
finishes as appropriate.
Detailed comparison with specified products including performance capabilities, warranties, and
test results.
Other pertinent data including data requested by the Designer to confirm product equality.
If a proposed material, product, or equipment substitution is deemed equal by the Designer to those specified,
all contractors of record will be notified by Addendum.
7. WORKING DRAWINGS AND SPECIFICATIONS AT THE JOB SITE
The contractor shall maintain, in readable condition at his job site one complete set of working drawings and
specifications for his work including all shop drawings. Such drawings and specifications shall be available for
use by the owner, designer or his authorized representative.
The contractor shall maintain at the job site, a day-to-day record of work -in -place that is at variance with the
contract documents. Such variations shall be fully noted on project drawings by the contractor and submitted to
the designer upon project completion and no later than 30 days after acceptance of the project.
8. MATERIALS, EQUIPMENT, EMPLOYEES
The contractor shall, unless otherwise specified, supply and pay for all labor, transportation,
materials, tools, apparatus, lights, power, fuel, heat, sanitary facilities, water, scaffolding and
incidentals necessary for the completion of his work, and shall install, maintain and remove all
equipment of the construction, other utensils or things, and be responsible for the safe, proper and
lawful construction, maintenance and use of same, and shall construct in the best and most
workmanlike manner, a complete job and everything incidental thereto, as shown on the plans,
stated in the specifications, or reasonably implied therefrom, all in accordance with the contract
documents.
b. All materials shall be new and of quality specified, except where reclaimed material is authorized
herein and approved for use. Workmanship shall at all times be of a grade accepted as the best
practice of the particular trade involved, and as stipulated in written standards of recognized
organizations or institutes of the respective trades except as exceeded or qualified by the
specifications.
c. Upon notice, the contractor shall furnish evidence as to quality of materials.
d. Products are generally specified by ASTM or other reference standard and/or by manufacturer's
name and model number or trade name. When specified only by reference standard, the
Contractor may select any product meeting this standard, by any manufacturer. When several
products or manufacturers are specified as being equally acceptable, the Contractor has the option

of using any product and manufacturer combination listed. However, the contractor shall be aware
that the cited examples are used only to denote the quality standard of product desired and that
they do not restrict contractors to a specific brand, make, manufacturer or specific name; that they
are used only to set forth and convey to contractors the general style, type, character and quality of
product desired; and that equivalent products will be acceptable. Request for substitution of
materials, items, or equipment shall be submitted to the designer for approval or disapproval; the
designer prior to the opening of contracts shall make such approval or disapproval. Alternate
materials may be requested after the award if it can clearly be demonstrated that it is an added
benefit to the owner and the designer and owner approves.
e. The designer is the judge of equality for proposed substitution of products, materials or equipment.
If at any time during the construction and completion of the work covered by these contract
documents, the language, conduct, or attire of any workman of the various crafts be adjudged a
nuisance to the owner or designer, or if any workman be considered detrimental to the work, the
contractor shall order such parties removed immediately from grounds.
g. The Contractor shall cooperate with the designer and the owner in coordinating construction activities.
h. The Contractor shall maintain qualified personnel and effective supervision at the site at all times
during the project, and exercise the appropriate quality control program to ensure compliance with
the project drawings and specifications. The designer is responsible for determining compliance with
the drawings and specifications.
9. CODES, PERMITS AND INSPECTIONS
The OWNER shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances,
codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes
that the drawings and specifications are at variance therewith, he shall promptly notify the owner in writing. If
the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and
regulations, and without such notice to the Owner, he shall bear all cost arising there from.
10. PROTECTION OF WORK, PROPERTY, THE PUBLIC AND SAFETY
The contractors shall be jointly responsible for the entire site and the building or construction of the
same and provide all the necessary protections, as required by the owner or designer, and by laws
or ordinances governing such conditions. They shall be responsible for any damage to the owner's
property or of that of others on the job, by them, their personnel, or their subcontractors, and shall
make good such damages. They shall be responsible for and pay for any damages caused to the
owner. All contractors shall have access to the project at all times, except as indicated in the
Supplemental General Conditions.
b. The contractor shall provide cover and protect all portions of the project when the work is not in
progress, provide all other materials necessary to protect all the work on the project, whether set by
him, or any of the subcontractors. Any work damaged through the lack of proper protection or from
any other cause, shall be repaired or replaced without extra cost to the owner.
c. No fires of any kind will be allowed around the operations during the course of construction without
special permission from the designer and owner.
d. The contractor shall protect all trees and shrubs designated to remain in the vicinity of the
operations. All trenches, excavations or other hazards in the vicinity of the work shall be well
barricaded and properly lighted at night.
e. The contractor shall provide all necessary safety measures for the protection of all persons on the
job, including the requirements of the A.G.C. Accident Prevention Manual in Construction, as
amended, and shall fully comply with all state laws or regulations and North Carolina State Building
Code requirements to prevent accident or injury to persons on or about the location of the work. He

shall clearly mark or post signs warning of hazards existing, and shall barricade excavations,
elevator shafts, sta;;Ne;ls and similar hazards. He shall protect against damage or injury resulting
from falling materials and he shall maintain all protective devices and signs throughout the progress
of the work.
f. The contractor shall adhere to the rules, regulations and interpretations of the North Carolina
Department of Labor relating to Occupational Safety and Health Standards for the Construction
Industry (Title 29, Code of Federal Regulations, Part 1926, published in Volume 39, Number 122,
Part II, June 24, 1974, Federal Register), and revisions thereto as adopted by General Statutes of
North Carolina 95-126 through 155.
i. In the event of emergency affecting the safety of life, the protection of work, or the safety of
adjoining properties, the contractor is hereby authorized to act at his own discretion, without further
authorization from anyone, to prevent such threatened injury or damage. Any compensation
claimed by the contractor on account of such action shall be determined as provided for under
Article 13(b).
j. Any and all costs associated with correcting damage caused to adjacent properties of the
construction site or staging area shall be borne by the contractor. These costs shall include but not
be limited to flooding, mud, sand, stone, debris, and discharging of waste products.
11. SUBCONTRACTS AND SUBCONTRACTORS
The Contractor is and remains fully responsible for his own acts or omissions as well as those of any
subcontractor or of any employee of either. The Contractor agrees that no contractual relationship exists
between the subcontractor and the Owner in regard to the contract, and that the subcontractor acts on this work
as an agent or employee of the Contractor.
12. CONTRACTOR -SUBCONTRACTOR RELATIONSHIPS
The Contractor agrees that the terms of these Contract Documents shall apply equally to each Subcontractor as
to the Contractor, and the Contractor agrees to take such action as may be necessary to bind each
Subcontractor to these terms. The Contractor further agrees to conform to the Code of Ethical Conduct as
adopted by the Associated General Contractors of America, Inc., with respect to Contractor -Subcontractor
relationships. The Owner reserves the right to limit the amount of portions of work to be subcontracted as
hereinafter specified.
13. CHANGES IN THE WORK AND CLAIMS FOR EXTRA COST
The owner may have changes made in the work covered by the contract. These changes will
not invalidate and will not relieve or release the contractor from any guarantee given by him
pertinent to the contract provisions. These changes will not affect the validity of the guarantee
bond and will not relieve the surety or sureties of said bond. All extra work shall be executed
under conditions of the original contract.
Except in an emergency endangering life or property, no change shall be made by the
contractor except upon receipt of approved change order from the designer, countersigned by
the owner authorizing such change. No claim for adjustments of the contract price shall be valid
unless this procedure is followed. Should a claim for extra compensation by the contractor be
denied by the designer or the owner, the contractor may pursue his claim in accordance with
G.S. 143-135.3.
In the event of emergency endangering life or property, the contractor may be directed to
proceed on a time and material basis whereupon the contractor shall proceed and keep
accurately on such form as specified by the designer or owner, a correct account of costs
together with all proper invoices, payrolls and supporting data. Upon completion of the work the
change order will be prepared as outlined under either Method "c(1)" or Method "c(2)" or both.

C. In determining the values of changes, either additive or deductive, contractors are restricted to
the use of the following methods:
Where the extra work involved is covered by unit prices quoted in the proposal, or
subsequently agreed to by the Contractor, Designer, Owner and State Construction Office
the value of the change shall be computed by application of unit prices based on quantities,
estimated or actual as agreed of the items involved, except is such cases where a quantity
exceeds the estimated quantity allowance in the contract by one hundred percent (100%) or
more. In such cases, either party may elect to proceed under subparagraph c (2) herein. If
neither party elects to proceed under c (2), then unit prices shall apply.
2. The contracting parties shall negotiate and agree upon the equitable value of the change
prior to issuance of the change order, and the change order shall stipulate the
corresponding lump sum adjustment to the contract price.
Under Paragraph "b" and Methods "c(2)" above, the allowances for overhead and profit
combined shall be as follows: all contractors (the single contracting entity (prime), his
subcontractors(1 st tier subs), or their sub -subcontractors (2nd tier subs, 3rd tier subs, etc.) shall
be allowed a maximum of 10% on work they each self -perform; the prime contractor shall be
allowed a maximum of 5% on contracted work of his 1st tier sub; 1st tier, 2nd tier, 3rd tier, etc.
contractors shall be allowed a maximum of 2.5% on the contracted work of their subs. ; Under
Method "c(1)", no additional allowances shall be made for overhead and profit. In the case of
deductible change orders, under Method "c(2)" and Paragraph (b) above, the contractor shall
include no less than five percent (5%) profit, but no allowances for overhead.
The term "net cost" as used herein shall mean the difference between all proper cost additions
and deductions. The "cost" as used herein shall be limited to the following:
1. The actual costs of materials and supplies incorporated or consumed as part of the work;
2. The actual costs of labor expended on the project site; labor expended in coordination,
change
order negotiation, record document maintenance, shop drawing revision or other tasks
necessary to the administration of the project are considered overhead whether they take
place in an office or on the project site.
3. The actual costs of labor burden, limited to the costs of social security (FICA) and
Medicare/Medicaid taxes; unemployment insurance costs; health/dental/vision insurance
premiums; paid employee leave for holidays, vacation, sick leave, and/or petty leave, not to
exceed a total of 30 days per year; retirement contributions; worker's compensation
insurance premiums; and the costs of general liability insurance when premiums are
computed based on payroll amounts; the total of which shall not exceed thirty percent
(30%) of the actual costs of labor;
4. The actual costs of rental for tools, excluding hand tools; equipment; machinery; and
temporary facilities required for the work;
5. The actual costs of premiums for bonds, insurance, permit fees and sales or use taxes
related to the work.
Overtime and extra pay for holidays and weekends may be a cost item only to the extent
approved by the owner.
Should concealed conditions be encountered in the performance of the work below grade, or
should concealed or unknown conditions in an existing structure be at variance with the
conditions indicated by the contract documents, the contract sum and time for completion may
be equitably adjusted by change order upon claim by either party made within thirty (30) days

after the condition has been identified. The cost of such change shall be arrived at by one of
the foregoing methods. All change orders shall be supported by a unit cost breakdown showing
method of arriving at net cost as defined above.
Change orders shall be submitted by the contractor in writing to the owner/designer for review
and approval. The contractor will provide such proposal and supporting_data in suitable format.
The designer shall verify correctness. Delay in the processing of the change order due to lack
of proper submittal by the contractor of all required supporting data shall not constitute grounds
for a time extension or basis of a claim. Within fourteen (14) days after receipt of the
contractor's accepted proposal including all supporting documentation required by the designer,
the designer shall prepare the change order and forward to the contractor for his signature or
otherwise respond, in writing, to the contractor's proposal. Within seven (7) days after receipt of
the change order executed -by the contractor, the designer shall, certify the change order by his
signature, and forward the change order and all supporting data to the owner for the owner's
signature. The owner shall execute the change order, within seven (7) days of receipt.
At the time of signing a change order, the contractor shall be required to certify as follows:
"I certify that my bonding company will be notified forthwith that my contract has been changed
by the amount of this change order, and that a copy of the approved change order will be
mailed upon receipt by me to my surety."
A change order, when issued, shall be full compensation, or credit, for the work included,
omitted or substituted. It shall show on its face the adjustment in time for completion of the
project as a result of the change in the work.
If, during the progress of the work, the owner requests a change order and the contractor's
terms are unacceptable, the owner, may require the contractor to perform such work on a time
and material basis whereupon the contractor shall proceed and keep accurately on such form
as specified by the Designer or owner, a correct account of cost together with all proper
invoices, payrolls and supporting data. Upon completion of the work a change order will be
prepared with allowances for overhead and profit per paragraph d. above and "net cost" and
"cost" per paragraph e. above. Without prejudice, nothing in_this paragraph shall preclude the
owner from performing or to have performed that portion of the work requested in the change
order.
14. ANNULMENT OF CONTRACT
If the contractor fails to begin the work under the contract within the time specified, or the progress of the work is
not maintained on schedule, or the work is not completed within the time specified, or fails to perform the work
with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work,
or shall perform the work unsuitably or shall discontinue the prosecution of the work, or if the contractor shall
become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final
judgment to stand against him unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for
the benefit of creditors, or for any other cause whatsoever shall not carry on the work in an acceptable manner,
the owner may give notice in writing, sent by certified mail, return receipt requested, to the contractor and his
surety (if applicable) of such delay, neglect or default, specifying the same, and if the contractor within a period
of seven (7) days after such notice shall not proceed in accordance therewith, then the owner shall, declare this
contract in default, and, thereupon, the surety shall promptly take over the work and complete the performance
of this contract in the manner and within the time frame specified. In the event the contractor, or the surety (if
applicable) shall fail to take over the work to be done under this contract within seven (7) days after being so
notified and notify the owner in writing, sent by certified mail, return receipt requested, that he is taking the same
over and stating that he will diligently pursue and complete the same, the owner shall have full power and
authority, without violating the contract, to take the prosecution of the work out of the hands of said contractor, to
appropriate or use any or all contract materials and equipment on the grounds as may be suitable and
acceptable and may enter into an agreement, either by public letting or negotiation, for the completion of said
contract according to the terms and provisions thereof or use such other methods as in his opinion shall be
required for the completion of said contract in an acceptable manner. All costs and charges incurred by the
owner, together with the costs of completing the work under contract, shall be deducted from any monies due or

which may become due said contractor and surety (if applicable). In case the expense so incurred by the owner
shall be less than the sum which would have been payable under the contract, if it had been completed by said
contractor, then the said contractor and surety (if applicable) shall be entitled to receive the difference, but in
case such expense shall exceed the sum which would have been payable under the contract, then the
contractor and the surety (if applicable) shall be liable and shall pay to the owner the amount of said excess.
15. TERMINATION FOR CONVENIENCE
Owner may at any time and for any reason terminate Contractor's services and work at Owner's
convenience, after notification to the contractor in writing via certified mail. Upon receipt of such
notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work
and placing of orders for materials, facilities and supplies in connection with the performance of
this Agreement.
Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual
cost of the work completed in conformity with this Agreement; plus, (2) such other costs actually
incurred by Contractor as approved by Owner; (3) plus ten percent (10%) of the cost of the
balance of the work to be completed for overhead and profit. There shall be deducted from such
sums as provided in this subparagraph the amount of any payments made to Contractor prior to
the date of the termination of this Agreement. Contractor shall not be entitled to any claim or
claim of lien against Owner for any additional compensation or damages in the event of such
termination and payment.
16. OWNER'S RIGHT TO DO WORK
If, during the progress of the work or during the period of guarantee, the contractor fails to prosecute the work
properly or to perform any provision of the contract, the owner, after seven (7) days' written notice sent by
certified mail, return receipt requested, to the contractor from the designer, may perform or have performed that
portion of the work. The cost of the work may be deducted from any amounts due or to become due to the
contractor, such action and cost of same having been first approved by the designer. Should the cost of such
action of the owner exceed the amount due or to become due the contractor, then the contractor or his surety,
or both, shall be liable for and shall pay to the owner the amount of said excess.
17. REQUESTS FOR PAYMENT
Contractor shall refer to the Supplemental General Conditions for specific directions on payment schedule,
procedures and the name and address where to send applications for payments for this project. It is imperative
that invoices be sent only to the above address in order to assure proper and timely delivery and handling.
The Designer/Owner will process all Contractor pay requests as the project progresses. The Contractor shall
receive payment within thirty (30) consecutive days after Designer/Owner's approval of each pay request.
Payment will only be made for work performed as determined by the Designer/Owner.
Retainage:
a. Retainage withheld will not exceed 5% at any time.
b. The same terms apply to general contractor and subcontractors alike.
C. Following 50% completion of the project no further retainage will be withheld if the
contractor/subcontractor has performed their work satisfactorily.
d. Exceptions:
1. Owner/Contractor can reinstate retainage if the contractor/subcontractor does not
continue to perform satisfactorily.
2. Following 50% completion of the project, the owner is authorized to withhold additional
retainage from a subsequent periodic payment if the amount of retainage withheld falls
below 2.5%.
Final payment will be made within forty-five (45) consecutive days after acceptance of the work, receipt of
marked -up "as -built" drawings and specifications and the submission both of notarized Contractor's affidavit and
final pay request. All pay requests shall be submitted to the Designer/Owner for approval.

THE CONTRACTOR'S FINAL PAYMENT AFFIDAVIT SHALL STATE: "THIS IS TO CERTIFY THAT ALL
COSTS OF MATERIALS, EQUIPMENT, LABOR, SUBCONTRACTED WORK, AND ALL ELSE ENTERING
INTO THE ACCOMPLISHMENT OF THIS CONTRACT, INCLUDING PAYROLLS, HAVE BEEN PAID IN FULL."
18. PAYMENTS WITHHELD
The designer with the approval of the Owner may withhold payment for the following reasons:
a. Faulty work not corrected.
b. The unpaid balance on the contract is insufficient to complete the work in the judgment of the
designer.
C. To provide for sufficient contract balance to cover liquidated damages that will be assessed.
d. The secretary of the Department of Administration may authorize the withholding of payment for
the following reasons:
i.Claims filed against the contractor or evidence that a claim will be filed.
ii.Evidence that subcontractors have not been paid.
When grounds for withholding payments have been removed, payment will be released. Delay of payment due
the contractor without cause will make owner liable for payment of interest to the contractor as provided in G.S.
143-134.1. As provided in G.S. 143-134.1(e), the owner shall not be liable for interest on payments withheld by
the owner for unsatisfactory job progress, defective construction not remedied, disputed work, or third -party
claims filed against the owner or reasonable evidence that a third -party claim will be filed.
19. MINIMUM INSURANCE REQUIREMENTS
The work under this contract shall not commence until the contractor has obtained all required insurance and
verifying certificates of insurance have been approved in writing by the owner. These certificates shall
document that coverages afforded under the policies will not be cancelled, reduced in amount or coverages
eliminated until at least thirty (30) days after mailing written notice, by certified mail, return receipt requested, to
the insured and the owner of such alteration or cancellation. If endorsements are needed to comply with the
notification or other requirements of this article copies of the endorsements shall be submitted with the
certificates.
Worker's Compensation and Employer's Liability
The contractor shall provide and maintain, until final acceptance, workmen's compensation
insurance, as required by law, as well as employer's liability coverage with minimum limits of
$100,000.
Public Liability and Property Damage
The contractor shall provide and maintain, until final acceptance, comprehensive general liability
insurance, including coverage for premises operations, independent contractors, completed
operations, products and contractual exposures, as shall protect such contractors from claims
arising out of any bodily injury, including accidental death, as well as from claims for property
damages which may arise from operations under this contract, whether such operations be by
the contractor or by any subcontractor, or by anyone directly or indirectly employed by either of
them and the minimum limits of such insurance shall be as follows:

Bodily Injury: $500,000 per occurrence
Property Damage: $100,000 per occurrence / $300,000 aggregate
In lieu of limits listed above, a $500,000 combined single limit shall satisfy both conditions.
Such coverage for completed operations must be maintained for at least two (2) years following
final acceptance of the work performed under the contract.
C. Property Insurance (Builder's Risk/Installation Floater)
The contractor shall purchase and maintain property insurance until final acceptance, upon the
entire work at the site to the full insurable value thereof. This insurance shall include the
interests of the owner, the contractor, the subcontractors and sub -subcontractors in the work
and shall insure against the perils of fire, wind, rain, flood, extended coverage, and vandalism
and malicious mischief. If the owner is damaged by failure of the contractor to purchase or
maintain such insurance, then the contractor shall bear all reasonable costs properly
attributable thereto; the contractor shall effect and maintain similar property insurance on
portions of the work stored off the site when request for payment per articles so includes such
portions.
Deductible
Any deductible, if applicable to loss covered by insurance provided, is to be borne by the
contractor.
Other Insurance
The contractor shall obtain such additional insurance as may be required by the owner or by the
General Statutes of North Carolina including motor vehicle insurance, in amounts not less than
the statutory limits.
Proof of Carriage
The contractor shall furnish the owner with satisfactory proof of carriage of the insurance
required before written approval is granted by the owner.
20. ASSIGNMENT
No assignment of the Contractor's obligations or the Contractor's right to receive payment hereunder shall be
permitted. However, upon written request approved by the Owner and solely as a convenience to the
Contractor, the Owner may: (1) forward the Contractor's payment check directly to any person or entity
designated by the Contractor, and (2) include any person or entity designated by Contractor as a joint payee on
the Contractor's payment check. In no event shall such approval and action obligate the Owner to anyone other
than the Contractor, and the Contractor shall remain responsible for fulfillment of all contract obligations.

21. CLEANING UP AND RESTORATION OF SITE
The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall
remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection
and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the
project and site for use by the Owner.
At the end of construction, the contractor shall oversee and implement the restoration of the construction site to
its original state. Restoration includes but not limited to walks, drives, lawns, trees and shrubs, corridors, stairs
and other elements shall be repaired, cleaned or otherwise restored to their original state.
22. GUARANTEE
Where items of equipment or material carry a manufacturer's warranty for any period in excess of twelve (12)
months, then the manufacturer's warranty shall apply for that particular piece of equipment or material. The
contractor shall replace such defective equipment or materials, without cost to the owner, within the
manufacturer's warranty period.
Additionally, the owner may bring an action for latent defects caused by the negligence of the contractor, which
is hidden or not readily apparent to the owner at the time of beneficial occupancy or final acceptance, whichever
occurred first, in accordance with applicable law.
Guarantees for roofing workmanship and materials shall be stipulated in the specifications sections governing
such roof, equipment, materials, or supplies.
23. STANDARDS
All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by
connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas
source shall be constructed and approved in a manner acceptable to the appropriate State inspector which
customarily requires the label or re-examination listing or identification marking of appropriate safety standard
organization, such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters
Laboratories and/or National Electrical Manufacturers Association for electrically operated assemblies; or the
American Gas Association for gas operated assemblies, where such approvals of listings have been established
for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the
Occupational Safety and Health Act (OSHA), and State and federal requirements relating to clean air and water
pollution.
All equipment and products must be independent third party tested and labeled (UL, FM, or CTS) before final
connections to Owner services or utilities.
24. TAXES
a. Federal excise taxes do not apply to materials entering into state work (Internal Revenue Code,
Section 3442(3)).
b. Federal transportation taxes do not apply to materials entering into state work (Internal Revenue
Code, Section 3475(b) as amended).
C. North Carolina sales tax and use tax, as required by law, do apply to materials entering into
state work and such costs shall be included in the contract sum.
d. Local option sales and use taxes, as required by law, do apply to materials entering into state
work as applicable and such costs shall be included in the contract proposal and contract sum.
e. Accounting Procedures for Refund of County Sales & Use Tax

Amount of county sales and use tax paid per contractor's statements:
Contractors performing contracts for state agencies shall give the state agency for whose
project the property was purchased a signed statement containing the information listed in G.S.
105-164.14(e).
The Department of Revenue has agreed that in lieu of obtaining copies of sales receipts from
contractors, an agency may obtain a certified statement as of April 1, 1991 from the contractor
setting forth the date, the type of property and the cost of the property purchased from each
vendor, the county in which the vendor made the sale and the amount of local sales and use
taxes paid thereon. If the property was purchased out-of-state, the county in which the property
was delivered should be listed. The contractor should also be notified that the certified
statement may be subject to audit.
In the event the contractors make several purchases from the same vendor, such certified
statement must indicate the invoice numbers, the inclusive dates of the invoices, the total
amount of the invoices, the counties, and the county sales and use taxes paid thereon.
Name of taxing county: The position of a sale is the retailer's place of business located within a
taxing county where the vendor becomes contractually obligated to make the sale. Therefore, it
is important that the county tax be reported for the county of sale rather than the county of use.
When property is purchased from out-of-state vendors and the county tax is charged, the county
should be identified where delivery is made when reporting the county tax.
Such statement must also include the cost of any tangible personal property withdrawn from the
contractor's warehouse stock and the amount of county sales or use tax paid thereon by the
contractor.
Similar certified statements by his subcontractors must be obtained by the general contractor
and furnished to the claimant.
Contractors are not to include any tax paid on supplies, tools and equipment which they use to
perform their contracts and should include only those building materials, supplies, fixtures and
equipment which actually become a part of or annexed to the building or structure.
25. EQUAL OPPORTUNITY CLAUSE
The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by
Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color,
religion, sex or national origin, and the implementing rules and regulations prescribed by the secretary of Labor,
are incorporated herein.
The contractor(s) agree not to discriminate against any employee or applicant for employment because of
physical or mental disabilities in regard to any position for which the employee or applicant is qualified. The
contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified
individuals with such disabilities without discrimination based upon their physical or mental disability in all
employment practices.
26. ACCESS TO PERSONS AND RECORDS
The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by
the Owner in accordance with General Statute 147-64.7. The Owner's internal auditors shall also have the right
to access and copy the Contractor's records relating to the Contract and Project during the term of the Contract
and within two years following the completion of the Project/close-out of the Contract to verify accounts,
accuracy, information, calculations and/or data affecting and/or relating to Contractor's requests for payment,
requests for change orders, change orders, claims for extra work, requests for time extensions and related
claims for delay/extended general conditions costs, claims for lost productivity, claims for lost efficiency, claims

for idle equipment or labor, claims for price/cost escalation, pass -through claims of subcontractors and/or
suppliers, and/or any other type of claim for payment or damages from Owner and/or its project representatives.
27. GOVERNING LAWS
This contract is made under and shall be governed by and construed in accordance with the laws of the State of
North Carolina. The Contractor shall comply with all applicable federal, State and local laws, statutes,
ordinances and regulations including, but not limited to, the Omnibus Transportation Act of 1991 and its
implementing regulations.

SUPPLEMENTARY GENERAL CONDITIONS
TIME OF COMPLETION
The Contractor shall commence work to be performed under this Contract on a date to be specified in
written order from Owner and shall fully complete all work hereunder within (30) consecutive calendar
days from the Notice to Proceed for the accepted contract. For each day in excess of the above number
of days, the Contractor shall pay the Owner the amount of Eight Hundred Dollars ($ 800.00 ) as
liquidated damages reasonably estimated in advance to cover the losses to be incurred by the Owner
should the Contractor fail to complete the Work within the time specified.
If the Contractor is delayed at anytime in the progress of his work by any act or negligence of the Owner,
his employees or his separate contractor, by changes ordered in the work; by abnormal weather
conditions; by any causes beyond the Contractor's control or by other causes deemed justifiable by
Owner, then the contract time may be reasonably extended in a written order from the Owner upon
written request from the contractor within ten days following the cause for delay.
UTILITIES
The contractor's attention is directed to the potential presence of existing utilities on the project site.
The contractor is responsible for avoiding any disturbance or damage to utilities, unless otherwise
specified in the plans, and shall be responsible for immediately repairing any damages at a cost incident
to this contract.
Subsurface information is not available for this project. The contractor shall make his own investigation
of subsurface conditions.
USE OF SITE
Construction shall take place from 7am to 7pm, Monday through Saturday.
MATERIALS, EQUIPMENT, AND EMPLOYEES
Construction equipment operated on the project site shall be maintained to prevent fuel, oil, and
lubricant spills. Refueling, repairs, and lubrication will be performed only at approved staging areas.
Should leaks or ruptures occur during operations, the operators will immediately remove the equipment
to the staging area and proceed with repairs. The construction supervisor will direct operators to remove
equipment whenever a leak is observed or suspected and may require the contractor to remove
continually faulty equipment from the project site.

SEQUENCE OF CONSTRUCTION EVENTS
The Contractor is responsible for the following sequence of construction in accordance with the
construction plans and the Special Provisions.
1. Prepare staging and stockpiling areas in locations as shown on the construction plan or as
approved by the owner.
2. Conduct repairs at three locations.
3. Repair all disturbed areas, including but not limit to access roads. All disturbed areas need to
be graded smoothly, seeded, and mulched.
4. Clean-up the site after the completion of all construction. Site clean-up shall include pick up of
trash and construction materials.

SPECIAL PROVISIONS:
SECTION 1.0: GENERAL SPECIFICATIONS
1.01: Contract type is Unit Price Adjusted by Quantities. Paid items are Lump Sum and detailed
below.
1.02: Contractor will be accessing the project site through areas depicted on plans. The contractor is
reminded that the construction site is located on a working agricultural farm. The contractor is
to ensure optimal safety during all phases of construction.
1.03: Any damage resulting from actions of the Contractor to structures or grounds on site will be
repaired or replaced at the expense of the Contractor. Structures or grounds damaged by the
Contractor will be replaced or repaired to a quality meeting or exceeding their previous
standards.
1.04: No borrow material shall be taken from the site unless directed by the Owner.
1.05: There is no subsurface information available for this project. The Contractor shall complete any
investigation of subsurface conditions required for construction.
1.06:
1.07: Suitable topsoil shall be stockpiled and replaced at the appropriate grade as approved by the
Owner.
1.08: Debris and waste material shall be disposed of offsite. Contractor is responsible for obtaining
proper permits or verifying the disposal site has appropriate permits

SECTION 2.0: MOBILIZATION
The work shall consist of the mobilization and demobilization of the Contractor's forces and equipment
necessary for performing the work required under the contract. Mobilization will not be considered as
work in fulfilling the contract requirements for commencement of work.
Mobilization shall include all activities and associated costs for transportation of Contractor's personnel,
equipment, and operating supplies to the site; establishment of offices, buildings, staging areas,
stockpiling areas and other necessary general facilities for the Contractor's operations at the site;
including coinsurance and reinsurance agreements as applicable; and other items specified.
Mobilization shall include sanitary facilities. The Contractor shall furnish and install temporary sanitary
facilities for use throughout construction period. This includes containers to dispense drinking water,
enclosed toilet facilities and general washing facilities for construction personnel, which complies with
OSHA safety and health regulations for these facilities. Appropriate sanitary facilities are to be
established within the project site.
Mobilization shall include all activities and costs for transportation of personnel, equipment, and supplies
not required or included in the contract from the site; including the disassembly, removal and site
cleanup, of offices, buildings and other facilities assembled on the site specifically for this contract.
A site inspection box will be provided as incidental part to the cost of mobilization. The site inspection
box shall be of adequate size to hold plans, specifications, permits and other documents on site.
This work includes mobilization and demobilization required by the contract at the time of award. If
additional mobilization and demobilization activities and costs are required during the performance of
the contract as a result of changed, deleted, or added items of work for which the Contractor is entitled
to an adjustment in contract price, compensation for such costs will be included in the price adjustment
for the item or items of work changed or added. This payment shall be considered full compensation for
all labor, equipment, materials and incidentals necessary for mobilization and demobilization.
Payment for mobilization is incidental to the lump sum line item "Repairs"

SECTION 3.0: REPAIRS
3.01: Grading Operations
The Contractor shall perform grading as depicted on the construction plans and planting plan. Field
conditions may dictate necessary adjustments to grading plans. In such cases, the Owner shall indicate
adjustments to the Contractor.
Grading Operations shall also include the excavation, handling and disposal of any other miscellaneous
materials that fall within the grading limits or as indicated on the construction plans.
No compaction shall be performed for graded areas unless as directed by the Designer.
Payment for all items in "Grading Operations" is incidental to the lump sum line item "Repairs". Payment
will be full compensation for all work covered by this section including but not limited to furnishing,
installing and maintaining marking material; excavating, hauling, placing, shaping, tamping when
required and disposing of any surplus material. This price also includes time for shaping graded areas
to the approval of the Owner and as specified in construction documents. This may dictate the grading
and re -grading of Site areas at the direction of the Owner until graded dimensions and elevations are
approved by the Owner. Disposal of miscellaneous materials is incidental to Grading Operations.
3.02: Repairs
Repair Area 1
Wetland B outlet/headcut repair and supplemental wetland planting (0.74 acres). See the plan sheet
for detail.
Repair Area 2
Bioengineering and bank work. See the plan sheet for detail.
Repair Area 3
Hillslope erosion repair. See the plan sheet for detail.
Payment for repairs shall be considered full compensation of all work covered by this section. The
quantity for Repairs is paid on Lump sum basis.
Payment will be made under:
Repairs............................................................................................................................................ LS

GENERAL CONSTRUCTION CONTRACT:
Item
Section
Item Description
Estimated
Quantity
Unit Unit Price
Contract Amount
1
3.00
Repairs
1
LS
TotalContract
Contract Amount:
Dollars($)
Unit prices quoted and accepted shall apply throughout the life of the contract, except as otherwise
specifically noted. Unit prices shall be applied, as appropriate, to compute the total value of changes
in the scope of the work all in accordance with the contract documents.
The contractor further proposes and agrees hereby to commence work under this contract on a date to
be specified in a written order of the designer and shall fully complete all work there under within the
time specified in the Supplementary General Conditions.

APPENDIX
Repair Plan