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TOWN OF SAWMILLS
STREET RESURFACING
CLYDE DRIVE
JETT DRIVE
DORIS DRIVE
STAMEY ROAD
HOLDEN PLACE
LEAH LANE
FISHING PIER ACCESS PATH
SAWMILLS, NORTH CAROLINA
JUNE, 2004
BENJAMIN B. THOMAS, P.E.
WEST CONSULTANTS, PLLC
MORGANTON, NORTH CAROLINA
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WETLANDS/ 401 GROUP
JUN 3 0 2004
WATER QUALITY SECTION
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TABLE OF CONTENTS
INFORMAL INVITATION FOR BIDS
BID
BID BOND (Waived)
AGREEMENT
GENERAL CONDITIONS
PERFORMANCE BOND
PAYMENT BOND
NOTICE OF AWARD
NOTICE TO PROCEED
APPLICATION FOR PAYMENT
CHANGE ORDER
TECHNICAL SPECIFICATIONS:
4
01560
02822
4r 02828
03150
03200
04250
05100
05400
05450
05475
Fishing Pier A
Location Map
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Special Controls
Landscaping
Restoration of Surfaces
Subgrade
Embankments
Storm Drainage Pipe
Aggregate Base Course
Bituminous Concrete Surface Course, Types I-1 and I-2
Paving
Utility Adjustment
ccessible Path (2 sheets)
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I
INFORMAL INVITATION FOR BIDS
TOWN OF SAWMILLS
4076 US HIGHWAY 321-A
GRANITE FALLS, NC 28630
Separate sealed BIDS for the construction of the Street Resurfacing will be received by the Town
of Sawmills at the office of Town of Sawmills, 4076 US Highway 321-A Granite Falls, North Carolina
28630 until Thursday, June 24, 2004 at 2:00 P.M, and then at said office publicly opened and read
aloud.
The CONTRACT DOCUMENTS may be examined at the following locations:
-West Consultants, PLLC - Morganton, NC
Copies of the CONTRACT DOCUMENTS may be obtained at the office of West Consultants,
PLLC, located at 405 South Sterling Street, Morganton, North Carolina 28655.
Robert Frye, Town Manager
Town of Sawmills
Date:
4
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BID
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Proposal of
and existing under the laws of the State of
(hereinafter called 'Bidder"), organized
doing business as
* (*insert "a corporation", "a partnership", or "an individual" as
applicable) to Town of Sawmills, (hereinafter called "Owner").
In compliance with the Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the
construction of the Street Resurfacing in strict accordance with the CONTRACT DOCUMENTS, within the time
set forth therein, and at the prices stated below.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto
certifies as to his own organization, that this BID has been arrived at independently, without consultation,
communication or agreement as to any matter relating to this BID with any other BIDDER or with any
competitor.
BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the
NOTICE TO PROCEED and to fully complete the project within 45 calendar days thereafter. BIDDER further
agrees to pay as liquidated damages the sum of $100.00 for each consecutive calendar day thereafter as provided
in Section 15 of the General Conditions.
BIDDER acknowledges receipt of the following ADDENDUM:
BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following
unit prices or lump sum:
9
BID SCHEDULE
NOTE: BIDS shall include sales tax and all other applicable taxes and fees.
Item Quantity Unit Price Total Price
Street Resurfacing
I • 1 1/2" I-2 Pavement*
a. Clyde Drive 1,056'x 14' 150 TN $ $
b. Jett Drive 680'x 17' 120 TN $ $
c. Doris Drive 848'x 16' 135 TN $ $
d. Stamey Road 3,490'x 20' 700 TN $ $
e. Holden Place 1,090'x 17' 185 TN $ $
f. Leah Lane 825'x 19' 150 TN $ $
2. Jett Drive **
Construct (2) Roadway
Channels (60 LF & 100 LF)
Approximately 6" deep x 4' wide
Includes Mulch and Seeding Lump Sum $
3. Roadway Traffic Paint on Stamey Road
Work and Materials shall be per
NCDOT Specifications
a. Single 4" Wide White Shoulder Line 6,980 LF $ $
b. Double Yellow Centerline
(Includes Both Lines) 3,490 LF $ $
4. Paving Fishing Pier Access Path 5' Wide
a. Grading (190 LF) Lump Sum $
b. 4" ABC Stone 25 TN $ $
c. 1 %2" I-2 Pavement 10 TN $ $
d. Seed & Mulch Lump Sum $
5. Shoulder Clearing
Leah Lane - 380 LF
Clearing Width to be 6 ft. from Edge of
Pavement Lump Sum $
TOTAL $
* Note: All streets to have vegetation removed from paved areas and treated with herbicide prior to placement of
new surfaces. The contractor will be responsible for adjustment of existing structures (valve boxes, manhole
rings and covers, drainage structures, etc.). This may be done with any NCDOT approved method of adjustment.
Payment for adjustment of existing structure shall be included in the bid price for other items.
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BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
and
firmly bound unto
OWNER in the penal sum of
as
for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,
successors and assigns.
Signed, this day of , 20
The Condition of the above obligation is such that whereas the Principal has submitted to
a certain BID,
attached hereto and hereby made a part hereof to enter into a contract in writing for
the
NOW, THEREFORE:
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the form of
contract attachment thereto (properly completed in accordance with said BID) and shall furnish a
BOND for his faithful performance of said contract, and for the payment of all persons
performing labor, furnishing materials in connection therewith, and shall in all other respects
perform the agreement created by the acceptance of said BID, then this obligation shall be void, ,
otherwise the same shall remain in force and effect; it being understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
Sure, for value received, hereby stipulated and agrees that the obligations of said Surety and its
BOND shall be in no way impaired or affected by any extension of the time within which the OWNER
may accept such BID; and said surety does hereby waive notice of any such extension.
as Principal,
as Surety, are hereby held and
s
s
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,
and such of them as are corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth above.
Principal
Surety
By:
IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
I
AGREEMENT
THIS AGREEMENT, made this day of 20 , by and
between Town of Sawmills hereinafter called "OWNER" and , doing
business as a corporation hereinafter called "CONTRACTOR".
WITNESSETH: that for and in consideration of the payments and agreements hereinafter
mentioned:
1. The CONTRACTOR will commence and complete the construction of the Street Resurfacing.
2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the PROJECT described herein.
A
3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS
within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same
within 45 calendar days unless the period for completion is extended otherwise by the
CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT
DOCUMENTS and comply with the terms therein for the sum of $ or as
shown in the BID SCHEDULE.
The term "CONTRACT DOCUMENTS" means and includes the following:
(A) INVITATION FOR BIDS
(B) INFORMATION FOR BIDDERS
(C) BID
(D) BID BOND (Waived)
(E) AGREEMENT
(F) GENERAL CONDITIONS
(G) PERFORMANCE BOND
(H) PAYMENT BOND
(1) NOTICE OF AWARD
(J) NOTICE TO PROCEED
(K) APPLICATION FOR PAYMENT
(L) CHANGE ORDER
(M) DRAWINGS prepared by WEST CONSULTANTS, PLLC, Numbered 1
through 2 and dated June, 2004.
(l) SPECIFICATIONS prepared by WEST CONSULTANTS, PLLC, dated June, 2004.
(O) ADDENDA:
Number Dated
Number Dated
s
5. The OWNER will pay the CONTRACTOR in the manner and at such times as set forth in the
General Conditions such as amounts as required by the CONTRACT DOCUMENTS.
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies each of which shall be deemed an original on the date first
above written.
OWNER: TOWN OF SAWMILLS
(SEAL)
ATTEST
(SEAL)
ATTEST
BY
TITLE
CONTRACTOR:
BY
TITLE
ADDRESS
GENERAL CONDITIONS
L Definitions
2. Additional Instructions and
Detail Drawings
3. Schedules, Reports and Records
4. Drawings and Specifications
5. Shop Drawings
6. Materials, Services and
Facilities
7. Inspection and Testing
8. Substitutions
9. Patents
10. Surveys, Permits, Regulations
11. Protection of Work, Property,
Persons
12. Supervision by Contractor
13. Changes in the Work
14. Changes in the Contract Price
1. DEFINITIONS
15. Time for Completion and Liquidation Damages
16. Correction of Work
17. Subsurface Conditions
18. Suspension of Work, Termination and Delay
19. Payments to Contractor
20. Acceptance of Final Payment as Release
21. Insurance
22. Contract Security
23. Assignments
24. Indemnification
25. Separate Contracts
26. Subcontracting
27. Engineer's Authority
28. Land and Rights-of-Way
29. Guaranty
30. Taxes
1.1 Whenever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated and shall
be applicable to both the singular and plural thereof;
1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or
interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or
corrections.
1.3 BID - The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK
to be performed.
1.4 BIDDER - Any person, fnm, or corporation submitting a BID for the WORK.
1.5 BONDS - Bid, Performance, and Payment Bonds and other instruments of security, furnished by the
CONTRACTOR and his security in accordance with the CONTRACT DOCUMENTS.
1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the
WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT
PRICE or CONTRACT TIME.
1.7 CONTRACT DOCUMENTS - The contract, including Advertisement for BIDS, Information for Bidders, Bid, Bid
Bond, Agreement, Payment Bond, Performance Bond, Notice to Proceed, Change Order, Drawings, Specifications, and
Addenda.
1.8 CONTRACT P RICE - T he total monies p ayable t o t he CONTRACTOR under t he t erms a nd c onditions o f the
CONTRACT DOCUMENTS.
1.9 CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of
the WORK.
1.10 CONTRACTOR - The person, firm, or corporation with whom the OWNER has executed the Agreement.
1.11 DRAWINGS - The part of the CONTRACT DOCUMENTS which show the characteristics and scope of the
WORK to be performed and which have been prepared or approved by the ENGINEER.
1.12 ENGINEER - The person, firm, or corporation named as such in the CONTRACT DOCUMENTS.
1.13 IELD ORDER - A written order effecting a change in the WORK not involving an adjustment in the CONTRACT
PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction.
1.14 NOTICE OF AWARD - The written notice of the acceptance of the BID from the OWNER to the successful
BIDDER.
1.15 NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him
to proceed with the WORK and establishing the date of commencement of the WORK.
1.16 OWNER - A public or quasi-public body or authority, corporation, association, partnership, or an individual for
whom the WORK is to be performed.
1.17 PROJECT - The undertaking to be performed as provided in the CONTRACT DOCUMENTS.
1.18 RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the OWNER who is assigned to the
PROJECT site or any part thereof.
1.19 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared
by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER, or distributor, which illustrate how specific
portions of the WORK shall be fabricated or installed.
1.20 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical
nature of materials, equipment, construction systems, standards and workmanship.
1.21 SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with
any other SUBCONTRACTOR for the performance of a part of the WORK at the site.
1.22 SUBSTANTIAL COMPLETION - That date as certified by the ENGINEER when the construction of the
PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that
the PROJECT or specified part can be utilized for the purposes for which it is intended.
1.23 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to General Conditions required by a Federal agency
for participation in the PROJECT and approved by the Agency in writing prior to inclusion in the CONTRACT
DOCUMENTS, or such requirements that may be imposed by applicable State laws.
1.24 SUPPLIER - Any person or organization who supplies materials or equipment for the WORK, including that
fabricated to a special design, but who does not perform labor at the site.
1.25 WORK - All labor necessary to produce the construction required by the CONTRACT DOCUMENTS, and all
materials and equipment incorporated or to be incorporated in the PROJECT.
1.26 WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of this Agreement in writing
and considered delivered and the service thereof completed, when posted by Certified or Registered Mail to the said party at
his last given address, or delivered in person to said party or his authorized representative on the WORK.
a
2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
2.1 The CONTRACTOR may be furnished additional instructions and detail drawings, by the ENGINEER, as necessary
to carry out the WORK required by the CONTRACT DOCUMENTS.
2.2 The additional drawings and instruction thus supplied will become a part of the CONTRACT DOCUMENTS. The
CONTRACTOR shall carry out the WORK in accordance with the additional detail drawings and instructions.
3. SCHEDULES REPORTS AND RECORDS
3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress schedules,
payrolls, reports, estimates, records and other data where applicable as are required by the CONTRACT DOCUMENTS for
the WORK to be performed.
3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit construction progress schedules showing
the order in which he proposes to carry on the WORK, including dates at which he will start the various parts of the WORK,
estimated date of completion of each part and, as applicable;
3.2.1 The dates at which special detail drawings will be required; and
3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing and the
installation of materials, supplies and equipment.
3.3 The CONTRACTOR shall also submit a schedule of payments that he anticipates he will earn during the course of
the work.
4. DRAWINGS AND SPECIFICATIONS
4.1 The intent of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR shall furnish all labor, materials,
tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT
DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use,
occupancy or operation by the OWNER.
4.2 In case of conflict between the DRAWINGS and SPECIFICATIONS, the SPECIFICATIONS shall govern. Figure
dimensions on DRAWINGS shall govern over general DRAWINGS.
4.3 Any discrepancies found between the DRAWINGS and SPECIFICATIONS and site conditions or any
inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the ENGINEER,
in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR
after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk.
5. SHOP DRAWINGS
5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as
required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The
ENGINEER'S approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations
from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWING which substantially deviates from the
requirement of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER.
5.2 When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear the CONTRACTOR'S certification
that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with the requirements
of the CONTRACT DOCUMENTS.
5.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP
DRAWING or submission has been approved by the engineer. A copy of each approved SHOP DRAWING and each
approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER.
6. MATERIALS. SERVICES AND FACILITIES
6.1 It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the
CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation,
supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to
execute, complete, and deliver the WORK within the specified time.
6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK.
Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection.
6.3 Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned as directed by the manufacturer.
6.4 Materials, supplies and equipment shall be in accordance with samples submitted by the CONTRACTOR and
approved by the ENGINEER.
6.5 Materials, supplies or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR
or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an
interest is retained by the seller.
7. INSPECTION AND TESTING
7.1 All materials and equipment used in the construction of the PROJECT shall be subject to adequate inspection and
testing in accordance with generally accepted standards, as required and defined in the CONTRACT DRAWINGS.
1
7.2 The OWNER shall provide all inspection and testing services not required by the CONTRACT DOCUMENTS.
7.3 The CONTRACTOR shall provide at his expense the testing and inspection services required by the CONTRACT
DOCUMENTS.
7.4 If the CONTRACT DOCUMENTS, law, ordinances, rules, regulations or orders of any public authority having
jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR,
the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then famish the
ENGINEER the required certificates of inspection, testing, or approval.
7.5 Inspections, tests or approvals by the ENGINEER or others shall not relieve the CONTRACTOR from his
obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS.
7.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition, authorized
representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials,
payrolls, records of personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide
proper facilities for such access and observation of the WORK and also for any inspection, or testing thereof.
7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if requested by the
ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR'S expense.
7.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the
CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection
or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials,
tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, if however, such WORK is not
found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE of an extension of the
CONTRACT TIME, or both, directly attributive to such uncovering, exposure, observation, inspection, testing and
reconstruction and an appropriate CHANGE ORDER shall be used.
8.. SUBSTITUTIONS
8.1 Whenever a material, article or piece of equipment is identified on the DRAWINGS or SPECIFICATIONS by
reference to brand name or catalog number, it shall be understood that this is referenced for the purpose o f defining the
performance or other salient requirements and that other products of equal capacities, quality and function shall be
considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal
substance and function to that specified, the ENGINEER may approve its substitution and use of the CONTRACT. Any cost
differential shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately
modified by CHANGE ORDER The CONTRACTOR WARRANTS that if substitutes are approved, no major changes in
the function or general design of the PROJECT will result. Incidental changes or extra component parts required to
accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or
CONTRACT TIME.
9. PATENTS
9.1 The CONTRACTOR shall pay applicable royalties and license fees. He shall defend all suits or claims for
infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall
be responsible for any such loss when a particular process, design, or the product of a particular manufacturer or
manufacturers is specified; however, if the CONTRACTOR has reason to believe that the design, process or product
specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the
ENGINEER.
10. SURVEYS. PERMITS. REGULATIONS
10.1 The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component
parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT
DOCUMENTS. From the information provided by the OWNER, unless otherwise specified in the CONTRACT
DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes,
batter boards, stakes for pile locations and other working points, liens, elevations and cut sheets.
10.2 The CONTRACTOR shall carefully preserve bench marks, reference points and stakes, and, in case of willful or
careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistake that may be
caused by their necessary loss or disturbance.
10.3 Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for
by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits, licenses and
easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER,
unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and
regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the
CONTRACT DOCUMENTS are at variance therewith, the CONTRACTOR shall promptly notify the ENGINEER in
writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK.
11. PROTECTION OF WORK PROPERTY AND PERSONS
11.1 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the WORK. The CONTRACTOR will take all necessary precautions for the safety of, will
provide the necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or
loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or
equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
11.2 The CONTRACTOR will comply with all applicable laws„ ordinances, rules, regulations and orders of any public
body having jurisdiction. The CONTRACTOR will erect and maintain, as required by the conditions and progress of the
WORK, a 11 n ecessary safeguards for s afety a nd p rotection. T he C ONTRACTOR will n otify o wners o f a djacent u tilities
when prosecution of the WORK may affect them The CONTRACTOR will remedy all damage, injury or loss, to any
property caused, directly or indirectly, in whole or part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly
or indirectly employed by any of them or anyone whose acts may be liable, except damage or loss attributable to the fault of
the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER, of the ENGINEER or anyone employed by
either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or
in part, to the fault or negligence of the CONTRACTOR
11.3 In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the
CONTRACTOR, without special instructions or authorization from the ENGINEER or OWNER, shall act to prevent
threatened damage, injury or loss. The CONTRACTOR will give the ENGINEER prompt WRITTEN NOTICE of any
significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE
ORDER shall thereupon be issued covering the changes and deviations involved.
12. SUPERVISION BY CONTRACTOR
12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for the means, methods,
techniques, sequences and procedures of construction. T he CONTRACTOR will employ and maintain on the WORK a
qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the CON-
TRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and
all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be
present on the site at all times as required to perform adequate supervision and coordination of the WORK.
13. CHANGES IN THE WORK
13.1 The OWNER may at any time, as the need arises, order changes within the scope of the WORK invalidating the
Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time
required for performance of the WORK, an equitable adjustment shall be authorized by CHANGE ORDER.
13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK.
The CONTRACTOR shall proceed with the performance of any changes in the WORK. The CONTRACTOR shall proceed
with the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that
such FIELD ORDER entitles the CONTRACTOR to a change in CONTRACT PRICE or TIME, or both, in which event the
CONTRACTOR shall give the ENGINEER WRITTEN NOTICE thereof within seven (7) days after the receipt of the
ordered change. Thereafter the CONTRACTOR shall document the basis for the change in CONTRACT PRICE or TIME
WITHIN thirty (30) days. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE
ORDER or further instruction from the OWNER.
14. CHANGES IN CONTRACT PRICE
14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER The value of any WORK covered by a
CHANGE ORDER or of any claim for increase or decrease in the CONTRACT PRICE shall be determined by one of more
of the following methods in the order of precedence listed below:
a. Unit prices previously approved.
b. An agreed lump sum.
15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
15.1 The date of beginning and the time for completion of the WORK are essential conditions of the CONTRACT
DOCUMENTS and the WORK embraced shall be commenced on a date specified in the NOTICE TO PROCEED.
15.2 The CONTRACTOR w ill proceed with the WORK at such rate of progress t o insure full completion w ithin the
CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the
CONTRACT TIME for the completion of the WORK described herein is a reasonable time, taking into consideration the
average climatic and economic conditions and other factors prevailing in the locality of the WORK.
15.3 If the CONTRACTOR shall fail to complete the WORK. within the CONTRACT TIME, or extension of time
granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for liquidated damages as specified in
the B ID for a ach c alendar d ay t hat t he CONTRACTOR shall b e i n d efault a fter t he t ime stipulated i n t he CONTRACT
DOCUMENTS.
15.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion
of the WORK is due to the following and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the
OWNER or ENGINEER.
15.4.1 To any preference, priority or allocation order duly issued by the OWNER
15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including
but not restricted to, acts of God, or of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the
performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and
abnormal and unforeseeable weather; and
15.4.3 To any delays of SUBCONTRACTORS occasioned by any of the causes specified in paragraphs 15.4.1 and 15.4.2
of this article.
16. CORRECTION OF WORK
16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to
comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR
shall promptly replace and re-execute the WORK in accordance with the CONTRACT DOCUMENTS and without expense
to the OWNER and shall bear the expense of malting good all WORK of other CONTRACTORS destroyed or damaged by
such removal or replacement.
16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S expense. If the CONTRACTOR does
not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may
remove such WORK and store the materials at the expense of the CONTRACTOR.
17. SUBSURFACE CONDITIONS
17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, except in the event of an emergency,
notify the OWNER by WRITTEN NOTICE of:
17.1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the CONTRACT
DOCUMENTS; or
17.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent in WORK of the character provided for in the CONTRACT
DOCUMENTS.
17.2 The OWNER shall promptly investigate the conditions, and if it is found that such conditions do so materially differ
and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, an equitable
adjustment shall be made and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the
CONTRACTOR f or adjustment hereunder shall not be allowed unless the required WRITTEN NOTICE has been given;
provided that the OWNER may, if the OWNER determines the facts so justify, consider and adjust any such claims asserted
before the date of final payment.
18. SUSPENSION OF WORK TERMINATION AND DELAY
18.1 The OWNER may suspend the WORK or any portion thereof for a period of not more than ninety days or such further
time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the ENGINEER which
shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed.
The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or
both, directly attributable to any suspension.
18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or makes a general assignment for the benefit of its
creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of its property, or if CONTRACTOR files
a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or repeatedly fails
to make prompt payments to SUBCONTRACTORS or for labor, materials or equipment or disregards laws, ordinances,
rules, regulations or orders of any public body having jurisdiction of the WORK or disregards the authority of the
ENGINEER, or otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER may, without
prejudice to any other right or remedy and after giving the CONTRACTOR and its surety a minimum of ten (10) days from
delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take possession of the PROJECT and
of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish
the WORK by whatever method the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to
receive any further payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct
and indirect costs o f completing the PROJECT, including compensation for additional professional services, such excess
shall be paid to the CONTRACTOR If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference
to the OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a CHANGE
ORDER.
18.3 Where the CONTRACTOR'S services have been so terminated by the OWNER, said termination shall not affect
any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or
payment of monies by the OWNER due the CONTRACTOR will not release the CONTRACTOR from compliance with the
CONTRACT DOCUMENTS.
18.4 After ten days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the OWNER
may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the
CONTRACT. In such case the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus
reasonable profit.
18.5 If, through no act or fault of the CONTRACTOR, the WORK is suspended for a period of more than ninety (90)
days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any request for
payment within thirty (30) days after it is submitted, or the OWNER fails to pay the CONTRACTOR substantially the sum
approved b y the ENGINEER or awarded b y arbitrators within thirty (30) days o f its approval and presentation, then the
CONTRACTOR may, after ten (10) days from delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER
terminate the CONTRACT and recover from the OWNER payment for all WORK executed and all expenses sustained. In
addition and in lieu of terminating the CONTRACT, if the ENGINEER has failed to act on a request for payment or if the
OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) days written notice to the
OWNER and the ENGINEER stop the WORK until he has been paid all amounts then due, in which event and upon
resumption of the WORK CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the
CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK.
18.6 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of
the OWNER or ENGINEER to act within the time specified in the CONTRACT DOCUMENTS, or if no time is specified,
within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall
be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure
of the OWNER or ENGINEER.
19: PAYMENT TO CONTRACTOR
19.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the
CONTRACTOR will submit the ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR
covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the
ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the
WORK but delivered and suitable stored at or near the site, the partial payment estimate shall also be accompanied by such
supporting data, satisfactory to the OWNER, as will establish the OWNER'S title to the material and equipment and protect
his interest therein, including applicable insurance. The ENGINEER will, within ten (10) days after receipt of each partial
payment estimate, either indicate in writing his approval of payment and present the partial payment estimate the OWNER,
or return the partial payment estimate to the CONTRACTOR indicating in writing his reasons for refusing to approve
payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment
estimate. The OWNER will, within ten (10) days of presentation to him of an approved partial payment estimate, pay the
CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The OWNER shall retain ten
(10) percent of the amount of each payment until final completion and acceptance of all work covered by the CONTRACT
DOCUMENTS. The OWNER shall retain ten (10) percent of the amount of each payment until final completion and
acceptance of all work covered by the CONTRACT DOCUMENTS. The OWNER at any time, however, after fifty (50)
percent of the WORK has been completed, if he finds that satisfactory progress is being made, shall reduce retainage to five
(5%) percent o the current and remaining estimates. When the WORK is substantially complete (operational or beneficial
occupancy), the retained amount maybe further r educed below five (5) percent to o my t hat amount necessary to assure
completion. On completion and acceptance of a part of the WORK on which the price is stated separately in the
CONTRACT DOCUMENTS, payment may be made in full, including retained percentages, less authorized deductions.
19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which
are suitable stored either at or near the site.
19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of the ENGINEER and with the
concurrence of the CONTRACTOR, may use any completed or substantially completed portions of the WORK. Such use
shall not constitute an acceptance of such portions of the WORK.
19.4 The OWNER shall have the right to enter the premises for the purpose of doing work not covered by the
CONTRACT DOCUMENTS. This provision shall not be construed as relieving the CONTRACTOR of the sole
responsibility for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be
caused by agents or employees of the OWNER.
19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate attached to the final
payment request that the WORK has been accepted by him under the conditions of the CONTRACT DOCUMENTS. The
entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be
lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance
of the WORK.
19.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims
growing out of the lawful demand of SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and furnishers of
machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK.
The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature
designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after
having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is fiimished that
all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed in accordance with the
terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any
obligations upon the OWNER to either the CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of the
CONTRACTOR, any payment s o in ade by the O WNER s hall be considered as a payment in ade u nder the C ONTRACT
DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any
such payments made in good faith.
19.7 If the OWNER fails to make payment thirty (30) days after approval by the ENGINEER, in addition to other
remedies available to the CONTRACTOR, there shall be added to each such payment interest at the maximum legal rate
commencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR.
20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
20.1 The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all
claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the
CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the
OWNER and others relating to or arising out of this WORK. Any payment, however, final or otherwise, shall not release the
CONTRACTOR or his sureties from any obligations under the CONTRACT DOCUMENTS or the Performance BOND and
Payment BONDS.
21. INSURANCE
21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below
which may arise out of or result from the CONTRACTOR'S execution of the WORK, whether such execution be by himself
or by any SUBCONTRACTOR or by anyone directly or indirectly employed by any of them, or by anyone for whose acts
any of them may be liable:
21.1.1 Claims under Workmen's Compensation, disability benefit and other similar employee benefit acts;
21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees;
21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees';
21.IA Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any personas a
result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any
other person; and
21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.
21.2 Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the
WORK. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled unless at
least fifteen (15) days prior WRITTEN NOTICE has been given to the OWNER.
21.3 The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, liable
insurance as hereinafter specified:
21.3.1 CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to
the CONTRACTOR and protecting him from all claims for personal injury, including death, and all claims for destruction of
or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether
such operations be by himself or by any SUBCONTRACTOR under him, or anyone directly or indirectly employed by the
CONTRACTOR or by a SUBCONTRACTOR under him Insurance shall be written with a limit of liability of not less than
$500,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one
person in any one accident; and a limit of liability of not less than $500,000 aggregate for any such damages sustained by two
or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all
property damage sustained by any one person in any one accident; and a limit of liability of not less than $200,000 aggregate
for any such damage sustained by two or more persons in any one accident.
21.3.2 The CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the
PROJECT to the full insurable value thereof for the benefit of the OWNER, the CONTRACTOR, and SUBCONTRACTORS
as their interest may appear. This provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from
obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT.
21.4 The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, in accordance
with the provisions of the laws of the state in which the work is performed Workmen's Compensation Insurance, including
occupational disease provisions, for all of his employees at the site of the PROJECT and in case any work is sublet, the
CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Workmen's Compensation Insurance,
including occupational disease provisions, for all of the latter's employees unless such employees are covered by the
protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this contract at
the site of the PROJECT is not protected under Workmen's Compensation statute, the CONTRACTOR shall provide, and
shall cause each subcontractor to provide, adequate and suitable insurance for the protection of his employees not otherwise
protected.
21.5 The CONTRACTOR shall secure "All Risk" type Builder's Risk Insurance for all WORK to be performed. Unless
specifically authorized by the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE totaled
in the BID. The policy shall cover not less than the losses due to fire, explosion, flood, hail, lightning, vandalism, malicious
mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is accepted by the
OWNER The policy shall name as the insured the CONTRACTOR and the OWNER.
22. CONTRACT SECURITY
22.1 The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE TO PROCEED furnish the
OWNER with a Performance Bond and a Payment Bond in penal sums equal to the amount of the CONTRACT PRICE,
conditioned upon the performance by the CONTRACTOR of all undertakings, covenants, terms, conditions and agreements
of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all persons supplying labor
and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be
executed by the CONTRACTOR and a corporate bonding company licensed to transact such business in the state in which
the WORK is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as
published in the Treasury Department Circular Number 570. The expense of these BONDS shall be borne by the
CONTRACTOR If at any time a surety on any such BOND is declared a bankrupt or loses its right to do business in the
state in which the WORK is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds,
CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or
BONDS) in such form and sum and signed by such other surety or sureties as may be satisfactory to the OWNER. The
premiums on such BOND shall be paid by the CONTRACTOR. No finther payment shall be deemed due nor shall be made
until the new surety or sureties shall have furnished an acceptable BOND to the OWNER.
23. ASSIGNMENTS
23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign or otherwise dispose of the Contract or any
portion thereof, or of his right, title or interest therein, or his obligations thereunder, without written consent of the other
party.
24. INDEMNIFICATION
24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGINEER and their agents and
employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from
the performance of the WORK, provided that any such claims, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom; and
is caused in whole or in part by any negligent or willful act or omission of the CONTRACTOR, and SUBCONTRACTOR,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
24.2 In any and all claims again the OWNER or the ENGINEER, or any of their agents or employees, by any employee
of the CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for
whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR
under Workmen's Compensation acts, disability benefit acts or other employee benefits acts.
24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER, his
agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders,
designs or specifications.
25. SEPARATE CONTRACTS
25.1 The OWNER reserves the right to let other contracts in connection with this PROJECT. The CONTRACTOR shall
afford other CONTRACTORS reasonable opportunity for the introduction and storage of their materials and the execution of
their WORK, and shall properly connect and coordinate his WORK within theirs. If the proper execution or results of any
part of the CONTRACTOR'S WORK depends upon. the WORK of any other CONTRACTOR, the CONTRACTOR shall
inspect and promptly report to the ENGINEER any defects in such WORK that render it unsuitable for such proper execution
and results.
25.2 The OWNER may perform additional WORK related to the PROJECT by himself, or he may let other contracts
containing provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such
Contracts (or the OWNER if he is performing the additional WORK himself) reasonable opportunity for the introduction and
storage of materials and equipment and the execution of WORK, and shall properly connect and coordinate his WORK with
theirs.
25.3 If the performance of additional WORK by other CONTRACTORS or the OWNER is not noted in the CONTRACT
DOCUMENTS prior to the execution of the CONTRACT, written notice thereof shall be given to the CONTRACTOR prior
to starting any such additional WORK. If the CONTRACTOR believes that the performance of such additional WORK by
the OWNER or others involves him in additional expense or entitles him to an extension of the CONTRACT TIME, he may
make a claim thereof as provided in Sections 14 and 15.
26. SUBCONTRACTING
26.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTS on those parts of the WORK which,
under normal contracting practices, are performed by specialty SUBCONTRACTORS.
26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(S) in excess of fifty (50%) percent of the
CONTRACT PRICE, without prior written approval of the OWNER
26.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions of his
SUBCONTRACTORS, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of
persons directly employed by him.
26.4 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the WORK to
bind SUBCONTRACTORS to the CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as applicable to
the WORK of SUBCONTRACTORS and give the CONTRACTOR the same power as regards terminating any subcontract
that the OWNER may exercise over the CONTRACTOR under any provision of the CONTRACT DOCUMENTS.
26.5 Nothing contained in this CONTRACT shall create any contractual relation between any SUBCONTRACTOR and
the OWNER.
27. ENGINEER'S AUTHORITY
27.1 The ENGINEER shall act as the OWNER'S representative during the construction period. He shall decide questions
which may arise as to quality and acceptability of materials furnished and WORK performed. He shall interpret the intent of
the CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER will make visits to the site and determine
if the WORK is proceeding in accordance with the CONTRACT DOCUMENTS.
27.2 The CONTRACTOR will be held strictly to the intent of the CONTRACT DOCUMENTS in regard to the quality of
materials, workmanship and execution of the WORK. Inspections may be made at the factory or fabrication plant of the
source of material supply.
27.3 The ENGINEER will not be responsible for the construction means, controls, techniques, sequences, procedures, or
construction safety.
27.4 The ENGINEER shall promptly make decisions relative to interpretation of the CONTRACT DOCUMENTS
28. LAND AND RIGHTS-OF-WAY
28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land and rights-of-way necessary for
carrying out and for the completion of the WORK to be performed pursuant to the CONTRACT D OCUMENTS, unless
otherwise mutually agreed.
28.2 The OWNER shall provide to the CONTRACTOR information which delineates and describes the lands owned and
rights-of-way acquired.
28.3 The CONTRACTOR shall provide at his own expense and without liability to the OWNER any additional land and
access thereto that the CONTRACTOR may desire for temporary construction facilities, or for storage of materials.
29. GUARANTY
29.1 The CONTRACTOR shall guarantee all materials and equipment furnished and WORK performed for a period of
one (1) year from the date of SUBSTANTIAL COMPLETION. The CONTRACTOR warrants and guarantees for a period
of one (1) year from the date of SUBSTANTIAL COMPLETION of the system that the completed system is free from all
defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be
necessary by reason of such defects including the repairs of the damage of other parts of the system resulting from such
defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the
CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be made necessary by such defects,
the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The Performance BOND shall remain in
full force and effect through the guarantee period.
30. TAXES
30.1 The CONTRACTOR w ill pay all s ales, consumer, u se and other similar taxes required by t he laws of the place
where the WORK is performed.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: THAT
(Name of Contractor)
(Address of Contractor)
(Corporation, Partnership, or Individual)
hereinafter called PRINCIPAL, and
(Name of Surety)
(Address of Surety)
hereinafter called SURETY, are held and firmly bound unto
(Name of Owner)
(Address of Owner)
hereinafter called OWNER, in the total aggregate penal sum of
Dollars ($ )
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executor, administrators, successors, and assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain contract with the
OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof
for the construction of
NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants,
terms, conditions, and agreements, of said contract during the original term thereof, and any extensions thereof, during the
one year guaranty period and if he shall fully indemnify and save harmless the OWNER from all costs and damages which it
may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the
OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said SURETY, for the value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or WORK to be performed thereunder or the
SPECIFICATIONS accompanying same shall in any wise affect its obligation on this BOND, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of any
beneficiary hereunder, whose claims may be unsatisfied.
IN WITNESS WHEREOF, that instrument is executed in (Number) counterparts, each one of which shall be
deemed an original, this the day of , 20
ATTEST: PRINCIPAL
(Principal) Secretary By:
PRESIDENT
(SEAL)
(Witness as to Principal)
Address
ATTEST:
(Surety) Secretary
(SEAL)
(Witness as to Surety)
(Address)
Address
SURETY
By:
Address
Address
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should
execute Bond.
IMPORTANT: Surety Companies executing Bonds must appear on the Treasury Department's most current list
(Circular 570 as amended) and be authorized to transact business in the state where the Project is located).
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: THAT
(Name of Contractor)
(Address of Contractor)
a , hereinafter called PRINCIPAL, and
(Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called SURETY, are held and firmly bound unto
(Name of Owner)
(Address of Owner)
hereinafter called OWNER, in the total aggregate penal sum of
Dollars ($ )
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered in a certain contract with the
OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part
hereof for the construction of
NOW, THEREFORE, if the PRINCIPAL shall promptly make payment to all persons, firms, subcontractors, and
corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and
any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal, and
coke, repairs on machinery, equipment, and tools, consumed or used in connection with the construction of such work, and
all insurance premiums on said work and all labor performed in such work whether by subcontractor or otherwise, then this
obligation shall be void; otherwise to remain in full force and
PROVIDED, FURTHER, that the said SURETY, for the value received hereby stipulates and agrees that no change,
extensions of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the
SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATION.
PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of any
beneficiary hereunder, whose claims may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in (Number) counterparts, each one of which shall be
deemed an original, this the day of , 20
PRINCIPAL
ATTEST:
(Principal) Secretary By:
PRESIDENT
(SEAL)
Address
(Witness as to Principal) '
Address
SURETY
ATTEST:
By:
(Surety) Secretary
(SEAL) Address
(Witness as to Surety)
(Address)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute Bond.
IMPORTANT: Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular
570 as amended) and be authorized to transact business in the state where the Project is located.
NOTICE OF AWARD
TO:
Project Description: Town of Sawmills Street Resurfacing
The OWNER has considered the BID submitted by you for the above described WORK in
response to its Advertisement for Bids dated June 24, 2004 and Information for Bidders.
You are hereby notified that your bid has been accepted for items in the amount of $
You are required by the Information for Bidders to execute the Agreement and furnish the
required CONTRACTOR'S Performance Bond, Payment Bond and Certificates of Insurance within ten
(10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date
of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S
acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled
to such other rights as may be granted by law.
Dated this day of , 2004.
TOWN OF SAWMILLS
By:
•
TO:
NOTICE TO PROCEED
You are hereby notified to commence WORK in accordance with the Agreement dated
consecutive calendar days thereafter.
Owner
By:
Title:
,20 , on or before
and you are to complete the WORK within
The date of completion of all WORK is therefore
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby
acknowledged by
this the , 20
By: _
Title:
DATE:
PROJECT: Town of Sawmills Street Resurfacine
20
i
APPLICATION FOR PAYMENT
BY
App#
Date:
% Completed:
% This App.:
(Title) (Date)
PROJECT:
ENGINEER:
CONTRACTOR:
SUMMARY Total Work Completed to Date:
Total Materials Stored on Site:
Total Earned this Application
Less Retainage -10%
Subtotal
Less Previous Payments Due:
Current Payment Due:
SIGNATURES: CONTRACTOR
(Name)
NOTARY: Subscribed and Sworn Before Me:
Date:
VERIFICATION
AND APPROVAL: In accordance with the Contract and this Application for Payment, the
Contractor has completed the work stated above and is entitled for the full payment in the amount shown.
This application is hereby approved for payment.
West Consultants, PLLC
405 S. Sterling Street
Morganton, NC 28655
Notary Public:
My Commission Expires:
WEST CONSULTANTS, PLLC
Date:
CONTRACT CHANGE ORDER Order No.
Date
State
County
Contract For:
Owner:
To:
(contractor)
You are hereby requested to comply with the following changes from the contract plans and specifications:
Justification:
The amount of the Contract will be (Decreased) (Increased) by the sum of Dollars ($xx"m.xx)
The Contract Total Including this and Previous Change Orders Will Be: Dollars ($moooo(.xx)
The Contract Period Provided for Completion Will be (Increased) (Decreased) (Unchanged) Days.
This document will become a supplement to the contract and all provisions will apply hereto.
Requested:
Recommended:
Accepted:
(owner)
(Engineer)
(Contractor)
(Date)
(Date)
(Date)
01560
SECTION 01560 SPECIAL CONTROLS
01560.1 Preservation of Natural Features
Confine all operations to within the work limits of the project. Exercise special care to maintain natural
surroundings undamaged.
01560.2 Housekeepin
A. Keep project neat, orderly, and in a safe condition at all rimes. Immediately remove all hazardous rubbish.
Do not allow rubbish to accumulate. Provide on-site containers for collection of rubbish or dispose of it at frequent
intervals during progress off work.
B. Wet down dry materials and rubbish to prevent blowing dust.
C. Keep volatile wastes in covered containers.
01560.3 Disposal of Rubbish
Dispose of waste materials, legally, at public or private dumping areas.
01560.4 Air and Water Pollution Control
A. Take all necessary reasonable measures to reduce air and water pollution by any material or
equipment used during construction.
B. Do not dispose of volatile wastes or oils in storm or sanitary drains, nor allow such materials to reach
streams.
C. Do not allow waste materials to be washed into the bed of a stream.
D. When excavations are made, immediately utilize resultant loose earth by filling and compacting in place, or
dispose of it off the site.
E. Sod or seed slopes as specified as soon as possible to prevent erosion and deposit of earth into any storm
sewer, drainage ditch, or stream. If it is impossible to prevent erosion, the Engineer may require construction of
sedimentation basins to prevent water pollution. The facility shall be constructed in accordance with the North
Carolina Sedimentation Pollution Control Act.
01560.5 Clearing Operations
On pipelines the permanent right-of-way shall be cleared prior to the delivery of the pipe materials in the area. No
clearing shall be done on the temporary right-of-way unless necessary for the execution of the work and only by
permission of the Engineer.
The Contractor shall take such precautions as necessary to protect livestock and shall maintain such barriers as are
required for this protection. The Contractor shall be solely liable for the death of any livestock due to his
construction operations.
Where the pipeline traverse is in bushy or wooded areas, the brush and trees shall be cut off flush with the ground.
Debris shall not be burned unless written permission or a burning permit is issued.
If burning is not permitted, all brush and trees shall be removed from the area and disposed of by the Contractor in
an approved manner. Trees and brush other than Wild Cherry may be mulched with an approved mulching machine
and the residue distributed over the permanent right-of-way. Marketable timber or firewood which must be cut shall
be stacked at the edge of the right-of-way to be removed by the property owner. Firewood shall be cut in 5'0"
lengths unless otherwise noted.
01560
01560.6 Earthwork
All material excavated on the site shall be disposed of as directed by the plans and the Engineer. When it is
necessary to haul material over the streets or pavements, the Contractor shall provide suitable tight vehicles so as to
prevent deposits on the streets or pavements. In all cases where any materials are dropped from the vehicles, the
Contractor shall clean up the same as often as directed by the Engineer and keep all crosswalks, streets, and
pavements clean and free from dirt, mud, stone, and other hauled material. The Contractor shall bear all costs
related to the work described herein as this work is considered incidental to the work covered by the various contract
items.
01560.7 Construction Survevi
All work shall be constructed in accordance with the lies, grades and elevations shown on the plans or as given by
the Engineer in the field. The Contractor shall be fully responsible for maintaining alignment and grade. Principle
controlling points and base lines for locating the principle components of the work together with a suitable number
of benchmarks adjacent to the work will be provided by the Engineer. From this information, the Contractor shall
verify benchmarks and develop and make all detail surveys needed for construction (which for sewer traverses any
include the re-staking of manhole points, stakes, grade marks, monuments and benchmarks at the site of the work
and shall re-establish, at his own expense, any marks which are removed or destroyed due to his construction
operations.
01560.8 Control of Erosion, Siltation, and Pollution
A. The Contractor shall take whatever measures are necessary to minimize soil erosion and siltation, water
pollution, and air pollution caused by his operations. The Contractor shall also comply with the applicable
regulations of all legally constituted authorities relating to pollution prevention and control. The Contractor shall
keep himself fully informed of all such regulations which in any way may affect the conduct of the work, and shall
at all times observe and comply with all such regulations. In the event of conflict between such regulations and the
requirements of the specifications, the more restrictive requirements shall apply.
The Engineer will limit the area over which clearing and grubbing, excavation, borrow, and embankment operations
are performed whenever the Contractor's operations do not make effective use of construction practices and
temporary measures which will minimize erosion, or whenever construction operations have not been coordinated to
effectively minimize erosion, or whenever permanent erosion control features are not being completed as soon as
permitted by construction operations. All erosion control measures shall be constructed in accordance with the
North Carolina Sedimentation Pollution Control Act. Exposed areas shall not remain unprotected for more than
seven days unless a sedimentation and erosion control play approved by the State of North Carolina is implemented.
The Contractor shall control dust throughout the life of the project within the project area and at
all other areas affected by the construction of the project, including, but not specifically limited to, unpaved
secondary roads, haul roads, access roads, disposal sites, borrow and material pits, and production sites. Dust
control shall not be considered effective where the amount of dust creates a potential or actual unsafe condition,
public nuisance, or condition endangering the value, utility, or appearance of any property.
The Contractor will not be directly compensated for any dust control measures necessary, as this work will be
considered incidental to the work covered by the various contract items.
01560.9 Right to Stop Work
The Engineer or his authorized representative has the authority to stop the Contractor from further work progress if,
during construction, the Engineer deems the work being performed is not in compliance with these Contract
Documents.
01560
01560.10 Utilitv Conflicts
Prior to the beginning of construction, the Contractor will notify all utility owners known to have facilities affected
by the construction of the project and will make arrangements for the necessary location of all affected public or
private utility facilities.
The Contractor shall use special care in working around and near all existing utilities that are encountered during
construction, protecting them where necessary so that they will give uninterrupted service.
The Contractor shall cooperate with the utility owner, and/or the owner's representative in the adjustment or
placement of utility facilities when such adjustment or placement is made necessary by the construction of the
project or has been authorized by the Owner.
In the event that utility services are interrupted by the Contractor, the Contractor shall promptly notify the owners
and shall cooperate with the owners and/or owner's representative in the restoration of service in the shortest time
possible.
Existing fire hydrants shall be kept accessible to fire departments at all times.
Prior to submitting his bid, the Contractor shall make his own determination as to the nature and extent of the utility
facilities including proposed adjustments, new facilities, or temporary work to be performed by the utility owner or
his representative; and as to whether or not any utility work is planned by the owner in conjunction with the project
construction. The Contractor shall consider in his bid all of the permanent and temporary utility facilities in their
present or relocated positions, whether or not specifically shown on the plans or covered in the project special
provisions. It will be the Contractors responsibility to anticipate any additional costs to him resulting from such
utility work and to reflect these costs in his bid for the various items in the Contract.
No additional compensation will be allowed for delays, inconvenience or damage sustained by the Contractor due to
any interference from said utility facilities or operation of moving them and any such delay, inconvenience, or
damage shall not constitute a change condition.
01560.11 Traffic Maintenance
The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient warning lights,
danger signals, and signs, shall provide a sufficient number of flagmen to direct traffic and shall take all necessary
precautions for the protection of the work and the safety of the public.
All barricades and obstructions or hazardous conditions shall be illuminated as necessary to provide for safe traffic
conditions.
Warning and caution signs shall be posted throughout the length of any portion of the project where traffic flow is
restricted.
Unless otherwise permitted by the Engineer, signs, markers, barricades and other traffic control devices shall be
temporarily removed or altered by the Contractor at night or at other times when construction operations are not
underway and the condition of the roadway being used by traffic does not present a hazard. Such traffic control
devices shall be replaced by the Contractor prior to the resumption of the construction operations.
Advisory speed limit signs used by the Contractor shall be posted only when and where reduced speeds are
warranted, and such reduced speeds shall be the maximum speeds which are reasonable under the prevailing
conditions.
01560
The Contractor shall provide continuous, safe access to all properties, both public and private, along the project in
all cases, and shall conduct his operations in such a manner that inconvenience to the property owners will be held to
a minimum.
All barricades, signs, lights, and cones for traffic control shall be constructed and utilized in accordance with the
North Carolina Construction and Maintenance Operations Supplement to the manual on Uniform Traffic Control
Devices for Streets and Highways.
01560.12 Existing Facilities
The Contractor shall maintain in operating condition and protect from damage all existing facilities including
utilities, roads, streets, sidewalks, drives, power and telephone lines, gas lines, waterlines, sewers, gutters, and other
drains encountered, and repair to the satisfaction of the Engineer any aerial, surface or subsurface facilities damaged
during the course of the work. He shall also make reasonable and satisfactory provisions for the maintenance of
traffic on streets, drives, walkways and at street crossings and, if necessary, provide temporary walkways and
bridges for crossing of open trenches as directed.
To protect persons from injury and to avoid property damage, adequate barricades, construction signs, torches, red
lanterns, and guards as required shall be placed and maintained during the progress of the construction work and
until it is safe for traffic to use the highway. All material piles, equipment and pipe that may serve as obstructions to
traffic to shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor.
The Engineer shall require that a temporary asphalt patch be placed when it is necessary in his opinion to provide a
suitable roadway for traffic and permanent patching has not been performed. No pavement cuts will be left without
asphalt, either temporary or permanent, for more than 10 calendar days.
Temporary support, adequate protection, and maintenance of all underground and surface structures and other
obstructions encountered in the progress of the work shall be furnished by the Contractor at his expense and under
the direction of the Engineer. Any structures that have been disturbed shall be restored upon completion of the
work.
Trees, shrubbery, fences, poles, and all other property and surface structures shall be protected unless their removal
is shown on the drawings or authorized by the Engineer. When it is necessary to cut roots and tree branches, such
cutting shall be done under the supervision and direction of the Engineer.
The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location
of underground structures, may be determined and he shall be held responsible for the repair of such structures when
broken or otherwise damaged because of carelessness on his part. Whenever, in the opinion of the Engineer, it is
necessary to explore and excavate to determine the location of existing underground structures, the Contractor shall
make explorations and excavations for such purposes. Field conditions may be encountered which necessitate
changes in design. The specific conditions will be reviewed in the field by the Engineer to determine if changes in
design are required.
It is the sole responsibility of the Contractor to verify the accuracy and completeness of the information shown and
the Contractor agrees that he shall neither have nor assert against the Owner or Engineer any claim for damages, for
extra work or for the relief from any obligation of the Contract by reason of the inaccuracy, inadequacy,
incompleteness or other deficiency of the information given.
01560.13 Location of Sewers in Relation to Water Mains
Adequate provision shall be made for protection potable water supplies from possible leakage from sewers located
near water lines. To accomplish this purpose, the following design features are required where feasible. Conditions
may be encountered necessitating other special design. Such design may be approved upon submission of a
description of the specific problems and of acceptable evidence that the proposed construction will provide adequate
protection.
01560
Horizontal Separation: Whenever possible, sewers should be laid at least ten feet horizontally from any existing or
proposed water main.
Should local conditions prevent a lateral separation of ten feet, a sewer may be installed nearer to a water main if
a. It is laid in a separate trench, with the outside diameter of the sewer at least 18 inches below the outside
diameter of the water main, or if
b. It is laid in the same trench as the sewer with the water main located at one side on a bench of undisturbed
earth, and with the elevation of the bottom of the water main at least 18-inches above the top of the sewer.
Sewer Crossing Under Water Main: Whenever it is necessary for a sewer to cross under a water main, the sewer
shall be laid at such an elevation that the outside diameter of the sewer is at least 18 inches below the osutside
diameter of the water main. If the local conditions prevent an 18 inch vertical separation, then the water main shall
be relocated to provide this separation.
Sewer Crossing; Over Water Main: Whenever it is necessary for a sewer to cross over a water main, or whenever
the above requirements for horizontal and vertical separation cannot be met, both the water main and sewer shall be
constructed of ductile iron pipe with mechanical type joints.
01560.14 Building Permits
Any building permits required by the county or the city having authority shall be secured by the Contractor. The
payment for these permits will be made by the Owner.
02822
SECTION 02822 LANDSCAPING
02822.1 Scope
This section covers the furnishing of all labor, equipment and the materials necessary for the landscaping of all areas
of the site disturbed by construction operations and all earth surfaces of embankments including rough and fine
grading, topsoil if required, fertilizer, lime, seeding and mulching. The Contractor shall adapt his operations for
variations in weather or soil conditions as necessary for the successful establishment and growth of the grasses and
legumes.
02822.2 Gradina
Rough grading shall be done as soon as all excavation required in the area has been backfilled. The necessary
earthwork shall be accomplished to bring the existing ground to the desired finish elevations as shown on the
Contract Drawings or otherwise directed.
Fine grading shall consist of shaping the final contours for drainage and removing all rock greater than 2" in any
dimension, clumps of earth, roots greater than 1" in diameter, and waste construction material. It shall also include
thorough loosening of the soil to a depth of 6-inches by plowing, discing, harrowing, or other approved methods
until the area is acceptable as suitable for subsequent landscaping operations. The work of landscaping shall be
performed on a section by section basis immediately upon completion of earthwork.
Upon failure or neglect on the part of the Contractor to coordinate his grading with seeding and mulching operations
and diligently pursue the control of erosion and siltation, the Engineer may suspend the Contractor's grading
operations until such time as the work is coordinated in a manner acceptable to the Engineer.
02822.3 Materials
A. Fertilizer
The quality of fertilizer and all operations in connection with the furnishing of this materials shall comply with the
requirements of the North Carolina.pa.
Fertilizer Law and regulations adopted by the North Carolina Board of Agriculture.
Fertilizer shall be 10-10-10 grade. Upon written approval of the Engineer, a different grade of fertilizer may be
used, provided the rate of application is adjusted to provide the same amounts of plant food.
During handling and storing, the fertilizer shall be cared for in such a manner that will be protected against
hardening, caking, loss of plant food values.
Any hardened or caked fertilizer shall be pulverized to its original conditions before being used.
B. Lime
The quality of lime and all operations in connection with the furnishing of this material shall comply with the
requirements of the North Carolina Lime Law and regulations adopted by the North Carolina Board of Agriculture.
During the handling and storing, the lime shall be cared for in such a manner that it will be protected against
hardening and caking. Any hardened or caked lime shall be pulverized to its original condition before being used.
Lime shall be agriculture grade ground dolomitic limestone. It shall contain not less than 85% of the calcium and
magnesium carbonates and shall be of such fineness that at least 90% will pass a No. 10 sieve and at least 50% will
pass a No. 100 sieve.
C. Seed
The quality of seed and all operations in connection with the finnishing of this material shall comply with the
requirements of the North Carolina Seed Law and regulations adopted by the North Carolina Board of Agriculture.
02822
Seed shall have been approved by the North Carolina Department of Agriculture or any agency approved by the
Engineer before being sown, and no seed will be accepted with a date of test more than 9 months prior to the date of
sowing. Such testing, however, will not relieve the Contractor from responsibility for furnishing and sowing seed
that meets these specifications at the time of sowing. When a low percentage of germination causes the quality of
the seed to fall below the minimum pure live seed specified, the Contractor may elect, subject to the approval of the
Engineer, to increase the rate of seeding sufficiently to obtain the minimum pure live seed contents specified,
provided that such an increase in seeding does not cause the quantity of noxious weed seed per square yard to
exceed the quantity that would be allowable at the regular rate of seed.
During handling and storing, the seed shall be cared for in such a manner that it will be protected from damage by
heat, moisture, rodents or other causes.
Seed shall be entirely free from bublets or seed of Johnson Grass, Nutgrass, Sandbur, Wild Onion, Wild Garlic, and
Bermuda Grass. The specifications for restricted noxious weed seed refers to the number per pound, singly or
collectively, of Blessed Thistle, Wild Radish, Canada Thistle, Corncockle, Field Bindweed, Quackgrass, Dodders,
Dock, Horsenettle, Bracted Plantain, Buckthorn or Wild Mustard; but in no case shall the number of Blessed Thistle
or Wild Radish exceed 27 seeds of each per pound. No tolerance on weed seed will be allowed.
D. Mulch
Straw Mulch shall be threshed straw oats, rye or wheat free from matured seed of obnoxious weeds or other species
which would grow and be detrimental to the specified grass.
02822.4 Seedbed Preparation
The Contractor shall cut and satisfactorily dispose of weeds or other unacceptable growth on the areas to be seeded.
Uneven and rough areas outside the graded section, such as crop rows, farm contours, ditches and ditch spoil banks,
fence line and hedge row soil accumulations, and other minor irregularities which cannot be obliterated by normal
seedbed preparation operations, shall be shaped and smoothed as directed by the Engineer to provide for more
effective seeding and for ease of subsequent mowing operations.
The soil shall then be scarified or otherwise loosened to a depth of not less than 6-inches except as otherwise
provided below or otherwise directed by the Engineer. Clods shall be broken and the top 2 to 3-inches of soil shall
be worked into an acceptable seedbed by the use of soil pulverizers, drags, or harrows; or by other methods
approved by the Engineer.
On 2:1 slopes a seedbed preparation will be required that is the same depth as that required on flatter areas, although
the degree of smoothness may be reduced from that required on the flatter areas if so permitted by the Engineer.
On cut slopes that are steeper than 2:1, both the depth of preparation and the degree of smoothness of the seedbed
may be reduced as permitted by the Engineer, but in all cases the slope surface shall be scarified grooved, trenched,
or punctured so as to provide pockets, ridges, or trenches in which the seeding materials can lodge.
On cut slopes that are either 2:1 or steeper, the Engineer may permit the preparation of a partial or complete seedbed
during the grading of the slope. If at the time of seeding and mulching operations such preparation is still in a
condition acceptable to the Engineer, additional seedbed preparation may be reduced or eliminated.
The preparation of seedbeds shall not be done when the soil is frozen, extremely wet, or when the Engineer
determines that it is in an otherwise unfavorable working condition.
02822
02822.5 Application
Seed shall be applied by means of a hydro-seeder or by other approved methods. The rates of application of seed,
fertilizer and limestone shall be as stated on the Contract Drawings.
Equipment to be used for the application, covering or compaction of limestone, fertilizer, and seed shall have been
approved by the Engineer before being used on the project. Approval may be revoked at any time if equipment is
not maintained in satisfactory working condition, or if the equipment operation damages the seed.
Limestone, fertilizer, and seed shall be applied within 24 hours after completion of seedbed preparation unless
otherwise permitted by the Engineer, but no limestone or fertilizer shall be distributed and no seed shall be sown
when the Engineer determines that weather and soil conditions are unfavorable for such operations.
Limestone may be applied as a part of the seedbed preparation, provided it is immediately worked into the soil. If
not so applied, limestone and fertilizer shall be distributed uniformly over the prepared seedbed at the specified rate
of application and then harrowed, raked, or otherwise thoroughly worked into the seedbed.
Seeds shall be distributed uniformly over the seedbed at the required rate of application, and immediately harrowed,
dragged, raked or otherwise worked so as to cover the seed with a layer of soil. The depth of covering shall be as
directed by the Engineer. If two kinds of seed are to be used which require different depths of covering, they shall
be sown separately.
When a combination seed and fertilizer drill is used, fertilizer may be drilled in with the seed after limestone has
been applied and worked into the soil. If two kinds of seed are being used which require different depths of
covering, the seed requiring the lighter covering may be sown broadcast or with a special attachment to the drill, or
drilled lightly following the initial drilling operation.
When the hydraulic seeder is used for application of seed and fertilizer the seed shall not remain in water containing
fertilizer for more than 30 minutes prior to application unless otherwise permitted by the Engineer.
Immediately after seed has been properly covered, the seedbed shall be compacted in the manner and degree
approved by the Engineer.
When adverse seeding conditions are encountered due to steepness of slope, height of slope, or soil conditions, the
Engineer may direct or permit that modifications be made in the above requirements which pertain to incorporating
limestone into the seedbed; covering limestone, seed, and fertilizer; and compaction of the seedbed.
02822.6 Mulching
All seeded areas shall be mulched unless otherwise indicated in the special provisions or directed by the Engineer.
It shall be spread uniformly at a rate of two tons per acre in a continuous blanket over the areas specified.
Before mulch is applied on cut or fill slopes which are 3:1 or flatter, and ditch slopes, the Contractor shall remove
and dispose of all exposed stones in excess of 3-inches in diameter and all roots or other debris which will prevent
proper contact of the mulch with the soil.
Mulch shall be applied within 24 hours after the completion of seeding unless otherwise permitted by the Engineer.
Care shall be exercised to prevent displacement of soil or seed or other damage to the seeded area during the
mulching operation.
Mulch shall be uniformly spread by hand or by approved mechanical spreaders or blowers which will provide an
acceptable application. An acceptable application will be that which will allow some sunlight to penetrate and air to
circulate but also partially shade the ground, reduce erosion, and conserve soil moisture.
02822
Mulch shall be held in place by applying a sufficient amount of asphalt or other approved binding material to assure
that the mulch is properly held in place. The rate and method of application of binding material shall meet the
approval of the Engineer. Where the binding material is not applied directly with the mulch it shall be applied
immediately following the mulch application.
The Contractor shall take sufficient precautions to prevent mulch from entering drainage structures through
displacement by wind, water, or other causes and shall promptly remove any blockage to drainage facilities which
may occur.
02822.7 Maintenance
The Contractor shall keep all seeded areas in good condition, reseeding if and when necessary, until a good lawn is
established over the entire area seeded and shall maintain these areas in an approved condition until final acceptance
of the Contract.
Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and weeds are not
dominant. On slopes, the Contractor shall provide against washouts by an approved method. Any washouts which
occur shall be regraded and reseeded until a good sod is established.
Areas of damage or failure due to any cause shall be corrected by being repaired or by being completely redone as
may be directed by the Engineer. Areas of damage or failure resulting either from negligence on the part of the
Contractor in performing subsequent construction operations or from not taking adequate precautions to control
erosion and siltation as required throughout the various sections of the specifications, shall be repaired by the
Contractor as directed by the Engineer at no cost to the Owner.
02828
SECTION 02828 RESTORATION OF SURFACES
02828.1 Scone
This section covers the furnishing of all labor, equipment and materials necessary for the proper restoration of
existing surfaces disturbed or damaged as a result of construction operations.
02828.2 General
In general, the types of replacement included in this section are seeding along pipelines, concrete sidewalks,
driveways, roadways, ditches, lawns and landscaped areas, curb and gutter.
Any damage to existing structures shall be repaired using materials and workmanship equal to those of original
construction.
02828.3 Fertilizing. Seeding, and Mulchin
All disturbed ground surfaces along pipelines, haul roads, storage areas, borrow pits, etc., which are not classified as
lawns, landscaped areas, or pavement areas, shall be raked smooth and fertilized, mulched, and seeded in accordance
with the section entitled landscaping. Large rocks, clumps of earth and excessive spoil material shall be removed
from the area prior to seeding.
Shoulders of all roads shall be restored as specified for lawns and landscaped areas.
02828.4 Concrete Sidewalks
Concrete walks removed in connection with, or damaged as a result of, construction operations under the Contract
shall be replaced with new construction. Such walks shall be constructed of Class B concrete on a thoroughly
compacted subgrade, shall have a vertical thickness of not less than 4 inches or the thickness of the replaced wolk
where greater than 4 inches.
Walks shall be float finished, edged with an edging tool, and grooved at intermediate intervals not in excess of the
width of the walk, uniform throughout the length of the walk in any one direction.
02828.5 Roadway and Driveway Repair
When pipelines are installed within the ditch to ditch limits of any roadway, driveway, parking area, etc., backfill
shall be compacted to a minimum dry density of 95 percent of the maximum dry density in pounds per cubic foot as
determined by the Standard Proctor Compaction Test.
Backfill material shall be placed in 6" layers and thoroughly tamped or rolled to the required degree of compaction
by sheepsfoot or pneumatic rollers, mechanical tampers, vibrators, etc. Successive layers shall not be placed until
the layer under construction has been thoroughly compacted.
Unpaved roadways and driveways shall be surfaced with not
03150
SECTION 03150 SUBGRADE
03150.1 Scope
The work covered by this section consists of the preparation, shaping, and compaction of that portion of the roadbed
upon which base or pavement, including base and paving for shoulders, is to be placed.
03150.2 Construction Methods
The subgrade shall be shaped to the lines, grades, and typical sections shown on the plans.
All unsuitable material, boulders, and all vegetative matter shall be removed and replaced with suitable material.
Suitable material, when not available from the subgrade work, shall be taken from roadway excavation or borrow
pits.
Material excavated in preparing the subgrade shall be stored or stockpiled in such a manner as to not interfere with
proper drainage or any of the subsequent operations of placing base or pavement.
The subgrade shall be prepared, shaped, compacted and maintained in accordance with Section 03200.
03150.3 Tolerances
A tolerance of plus or minus '/2 inch from the established grade will be permitted after the subgrade has been graded
to a uniform surface.
03150.4 Protection of Subgrade
Ditches and drains shall be provided and maintained when required to satisfactorily drain the subgrade. Where
previously approved subgrade is damaged by natural causes, by hauling equipment or by other traffic, the Contractor
shall restore the subgrade to the required lines, grades, and typical sections and to the required density at no cost to
the Owner.
03200
SECTION 03200 EMBANKMENTS
03200.1 Scope
The work covered by this section consists of placing in embankments, backfills, and earth berms, suitable material
excavated in conformity with the lines, grades, and typical cross sections shown on the plans or established by the
Engineer. It shall include the preparation of the areas upon which the embankment is to be constructed; the
formation, compaction, stability, and maintenance of the embankment, and the placing and compaction of
embankment materials in holes, pits, and other depressions within the construction limits. Additional specifications
regarding compaction are also included on the Grading Plan which shall supercede these specifications where more
stringent.
03200.2 Materials
Only suitable materials shall be used in the construction of embankments and backfills. No frozen material, roots,
sod, or other objectionable material shall be incorporated or placed in the embankments or backfills.
The top 6-inches of any embankment shall not contain any material larger than will pass a 3-inch sieve.
03200.3 Preparation
A. Before embankment construction is begun, all vegetation and rubbish shall be removed
from the area within the limits of the embankment. This material shall be disposed of as directed by the Engineer.
Mowed sod may be plowed and left in place where the height of the embankment is to be constructed is greater than
6 (six) feet.
B. Except as otherwise specified, earth foundation surfaces shall be graded to remove surface irregularities
and shall be scarified parallel to the axis of the fill to otherwise acceptably scored and loosened material to a
minimum depth of 2 inches. The moisture content of the loosened material shall be controlled as specified for the
earth fill, and the surface materials of the foundation shall be compacted and bonded with the first layer of earth fill.
C. Where embankments are to be placed and compacted on hillsides, or when new embankment is to be
compacted against existing embankments, or when embankment is built in part widths, the slopes that are steeper
than 4:1 shall be loosened or plowed to a minimum depth of 6 inches, or if in the opinion of the Engineer, the nature
of the ground is such that greater precautions should be taken to bind the fill to the original ground then benches
shall be cut in the existing ground.
D. Test pits or other cavities shall be filled with compacted earth fill conforming to the specifications for the
earth fill to be placed upon the foundation.
03200.4 Formation
A. The material shall be deposited and spread in successive, uniform, approximately horizontal layers of not
more than 10 inches in depth, loose measurement, for the full width of the cross section, and shall be kept
approximately level by the use of effective spreading equipment. Each layer of the embankment shall be thoroughly
compacted as herein specified. Hauling shall be distributed over the full width of the embankment shall be properly
drained at all times.
B. Where embankments are to be constructed across ground which will not support the weight of trucks or
other hauling equipment, the first layer of the embankment may be constructed by dumping successive truck or
other equipment loads in a uniform distributed layer of a thickness not greater than that necessary to support the
trucks or hauling equipment while placing subsequent layers as above specified.
C. In valleys, ravines, and at the foot of slopes on side hills a limited amount of end or side dumping will be
allowed, when permitted by the Engineer, to form a satisfactory base in the formation of the embankment, after
which the layers shall be constructed parallel with the finished grade as hereinbefore specified.
03200
D. Where it is necessary for utilities to remain in their original location, and where such poles are within the
project construction limits, the Contractor shall conduct his earthwork operations in a manner which will not disturb
these facilities.
E. Fill shall not be placed upon a frozen surface, or shall snow, ice, or frozen material be incorporated in the
fill.
03200.5 Compaction
A. All embankment material shall be compacted as specified herein unless otherwise provided in the Contract
or directed by the Engineer. Compaction equipment used by the Contractor shall be adequate to produce the
required compaction and produce a uniformly constructed embankment with all layers uniformly bound to all
preceding layers.
B. The embankment material when tested shall have been compacted for its full width to a density equal to at
least 95% of that obtained by compacting a sample of the material in accordance with AASHO T99 as modified by
the NCDOT.
C. Embankment materials shall be compacted at a moisture content satisfactory to the Engineer, which shall
be approximately that required to produce the maximum density. The Contractor shall dry or add moisture to the
embankment material when required to produce a uniformly compacted and stable embankment.
D. Water may be applied by sprinkling the materials after placement on fill, if necessary. Uniform moisture
distribution shall be obtained by discing, blading, or other approved methods prior to compaction of the layer.
03200.6 Removal and Placement of Defective Fill
Fill placed at densities lower than the minimum acceptable density or at moisture contents outside the acceptable
range of moisture content or otherwise not conforming to the requirements of the specifications shall be reworked to
meet the requirements or removed and replaced by acceptable fill. The replacement fill and the foundation abutment
and fill surfaces upon which it is placed shall conform to all requirements of this specification for foundation
preparation, approval, placement, moisture control and compaction.
03200.7 Maintenance
A. The Contractor shall be responsible during construction and until final acceptance for the maintenance of
all embankments made under the Contract.
B. During construction and until final acceptance, the Contractor shall construct temporary or permanent earth
berms along the outer edges of the top surface of the embankment, construct temporary ditches, shape the
embankment surface to provide for the drainage or surface runoff along and throughout the length of the
embankments, and use any other methods necessary to maintain the work covered by this section so that the work
will not contribute to excessive soil erosion.
C. The Contractor shall construct brush dikes, or install temporary or permanent slope drains or other drainage
features to assist in controlling erosion.
D. The Contractor shall replace, at no cost to the Owner, any portion of embankments which have become
displaced or damaged.
E. All embankments shall be brought to the grade and cross section shown on the plans, or established by the
Engineer, prior to final inspection and acceptance by the Engineer.
04250
SECTION 04250 STORM DRAIN PIPE
04250.1 Scone
These specifications shall apply to the materials to be furnished and installed to complete the storm drainage
installations in accordance with the plans. All pipe and appurtenances shall be of the class and type as indicated on
the plans and designated herein.
04250.2 General
All materials shall be first quality with smooth interior and exterior surfaces, free from cracks, blisters, honeycombs,
and other imperfections, and true to theoretical shapes and forms throughout. All materials shall be subject to the
inspection of the Engineer at the plant, trench, or other point of delivery, for the purpose of culling and rejecting
material which does not conform to the requirements of these specifications. Such material shall be marked by the
Engineer, and the Contractor shall remove it from the project site upon notice being received of its rejection.
As specific specifications are cited, the designation shall be construed to refer to the latest revision under the same
specification number, or to superseding specifications under a new number, except provisions in revised
specifications which are clearly inapplicable.
All storm drain pipe shall be as specified on the plans.
04250.3 Pine
A. Reinforced Concrete Pine
All reinforced concrete pipe shall meet the requirements of ASTM C-76-Reinforced Concrete Culvert, Storm Drain
and Sewer Pipe. Reinforced concrete pipe shall be Class III, Wall B or higher. Joints for reinforced concrete pipe
storm drains shall be tongue and groove without O-rings. Joints shall be formed such that when the pipe is laid
together, they will form a continuous and uniform line.
B. Corrugated Metal Pipe
Corrugated metal pipe culverts shall be fabricated from corrugated sheets and shall conform to American
Association of State Highway Officials (AASHTO) designation M-36 for corrugated Metal Pipe Culvert Pipe.
Pipe may be circumferentially or helically corrugated and shall be fully asphalt coated inside and outside, with
paved invert if so noted on the plans.
Coupling bands shall be used at all joints and shall be of a size as specified by the pipe manufacturer in accordance
with the pipe size. Bands shall be fully asphalt coated on both sides and shall conform to AASHTO M-36.
The minimum thickness for corrugated metal pipe shall be 14 gauge.
C. High Density Polyethylene Pipe (HDPE)
All HDPE pipe shall conform to the following standards as applicable: AASHTO M252 Type S and M 294 Type S,
ASTM D1248 and D3350. Installation shall be in accordance with NCDOT standards and shall have No. 57 stone
bedding up to the center of the pipe. The soil cover over the pipe shall not be less than one foot, and as
recommended by the pipe manufacturer. All HDPE pipe shall have a corrugated exterior and a smooth interior.
Coupling bands shall cover at least one full corrugation on each section of pipe All coupling bands shall meet or
exceed the soil-tightness requirement of the AASHTO standard specification for Highway Bridges, Section 23,
Paragraph 23.3.1.5.4(e).
HDPE pipe may not be used for sizes greater than 24-inch diameter
04250
04250.4 Flared End Sections
Flared end sections, if indicated on plan, shall be constructed of galvanized steel and shall conform to the
requirements, as applicable, of AASHTO M-36. Connection to pipe end shall be with a coupling and rivets or bolts.
Steel shall be 12 gauge minimum. No asphalt coating is required.
05100
SECTION 05 100 AGGREGATE BASE COURSE
05100.1 Scope
The work covered by this section consists of the construction of a base composed of an approved aggregate material
hauled to the road, placed on the road, compacted, and shaped to conform to the lines, grades, depths, and typical
sections shown on the plans or established by the Engineer.
05100.2 Materials
A. Aggregate base course materials: shall consist of crushed stone or uncrushed gravel, or other similar
material having hard, strong, durable particles free of adherent coatings.
The Contractor shall furnish aggregate base course material produced in accordance with the requirements indicated
herein.
All aggregates shall be from approved sources. Sources will not be approved unless the material has satisfactory
soundness and satisfactory resistance to abrasion.
B. Aggregates shall be handled in such a manner as to minimize segregation.
Sites for aggregate stockpiles shall be grubbed and cleaned prior to storing aggregates, and the ground surface shall
be firm, smooth, and well drained. A cover of at least three (3) inches of aggregate shall be maintained over the
ground surface in order to avoid the inclusion of soil or foreign material. Stockpiles shall be built in such a manner
as to minimize segregation. When it is necessary to operate trucks or other equipment on a stockpile in the process
of building the stockpile, it shall be done in a manner approved by the Engineer.
Stockpiles of different types or sizes of aggregates shall be spaced far enough apart, or else separated by suitable
walls or partitions, to prevent the mixing of the aggregates.
Any method of stockpiling aggregates which allows the stockpile to become contaminated with foreign matter or
causes excessive degradation of the aggregate will not be permitted. Excessive degradation will be determined by
sieve tests of samples taken from any portion of the stockpile over which equipment has been operated, and failure
of such samples to meet all grading requirements for the aggregate will be considered cause for discontinuance of
such stockpiling procedure.
C. Gradation. All standard sizes of aggregates shall meet the gradation requirements when tested in
accordance with AASHO T27.
05100.3 Hauling and Placing Aggregate Base Materials
The aggregate material shall be spread on the subgrade with a mechanical spreader capable of placing the material to
a uniform loose depth and without segregation.
Where the required compacted thickness of base is 8 inches or less the base material may be spread and compacted
in one layer. Where the required compacted thickness of base is more than 8 inches, the base material shall be
spread and compacted in 2 or more approximately equal layers.. The minimum compacted thickness of any one
layer shall be approximately 4 inches.
Each layer of material shall have been sampled, tested, compacted and approved prior to placing succeeding layers
of base material or pavement.
No base material shall be placed on frozen subgrade or base. Hauling equipment shall not be operated on subgrade
or a previously completed layer of base material soft enough to rut or weave beneath the equipment.
The maximum speed of trucks hauling or traveling over any part of the subgrade or base be 5 miles per hour
05100
J
The Contractor shall utilize methods of handling, hauling, and placing which will minimize segregation and
contamination. If segregation occurs, the Engineer may require that changes be made in the Contractor's methods to
minimize segregation, and may also require mixing on the road which may be necessary to correct any segregated
material. No additional compensation will be allowed for the work of road mixing as may be required under this
provision. Aggregate which is contaminated with foreign materials to the extent the base course will not adequately
serve its intended use shall be removed and replaced by the Contractor at no additional cost to the Owner. The
above requirements will be applicable regardless of the type of aggregate placed and regardless of prior acceptance.
05100.4 Tolerances
After final shaping and compacting the base, the Engineer will check the surface of the base for conformance to
grade and typical section and will determine the base thickness.
The thickness of the base shall be within a tolerance of plus or minus '/2 inch of the base thickness required by the
plans.
05100.5 Maintanance
Where the base material is placed in a trench section, the Contractor shall provide adequate drainage through the
shoulders to protect the subgrade and base until such time as shoulders are completed.
The Contractor shall maintain the surface of the base by watering, machining, and rolling or dragging when
necessary to prevent damage to the base by weather or traffic.
Where the base or subgrade is damaged, the Contractor shall repair the damaged areao reshape the base to the
required lines, grade, and typical sectionso and recompact the base to the required density at no cost to the Owner.
05100.6 Measurement
The quantity of aggregate base course used for stabilization of unpaved driveways or roadways, used as a base for
concrete or pavement repair, or used in the construction of pump station access roads will be measured by the actual
number of tons of aggregate base course incorporated into the work and accepted.
05100.7 Payment
Aggregate base course will be paid for at the contract unit price per ton, based on certified weight tickets
05400
SECTION 05400 BITUMINOUS CONCRETE SURFACE COURSE TYPES I-1 I-2
05400.1 Scone
The work covered by this section consists of the construction of a bituminous plant mixture of coarse and fine
aggregates, asphalt cement, and mineral filler when required, properly laid upon a prepared surface, in accordance
with these specifications and in conformity with the lines, grades, thickness, and typical sections shown on the plans.
05400.2 Composition of Mixture
A.General Requirements:
A combination of graded coarse and fine aggregates will be required which will produce an acceptable mix. The use
of crusher ran material will not be permitted. The coarse that other standard sizes may be used when approved by
the Engineer.
At least Y2 of the fraction passing the No. 200 sieve shall be mineral filler or stone screenings.
The total natural sand or sands in the mixture will be tested in accordance with ASSHO T11 to determine the
amount of material which can be washed through the No. 200 sieve. The total amount of such washed material shall
not exceed 8 percent by weight of the total natural sand in the mixture. The above test will be performed prior to
establishing the design mix and, when required by the job mix formula, prior to the entry of the sand into the drier.
B.Job Mix Formula:
A job mix formula will be established by the Engineer for the particular materials the Contractor proposes to use.
The job mix formula will be established within the design limits listed in the table below:
TABLE DESIGN LIMITS
Total Percent Passing
Sieve Designation Type I-1 Type I-2
100 100
3/8" ----- 90-100
No. 4 55-80 70-95
No. 10 40-60 55-75
No. 40 15-35 15-45
No. 80 6-20 7-22
No. 200 3-9 3-9
Asphalt Cement Content Range 4.5%-7.5% 4.5%-8.5%
Temperature Range 250 deg. F. 250 deg. F.
300 deg. F. 300 deg. F.
In addition to the requirements of the Table, the amount of material between any adjacent sieves, except between the
'/z-inch and the 3/8-inch sieves in the case of Type I-2 mixtures, shall not be less than 4 percent
The completed mix shall conform to the job mix formula within the tolerances shown in the Table below:
05400
TABLE
TOLERANCES FOR JOB MIX FORMULA
Tolerance for Percent
Sieve Designation
Passing
%2' +0
3/8" +5
No. 4 +7
No. 10 +5
No. 40 +5
No. 80 +5
No. 200 +2
When a mix has been tested and has been found to be outside of the design limits, the Engineer may require the
removal from the road of any of this mix which has been placed and which is represented by the test results. All
such mix which has been removed shall be replaced with plant mix which is within the job mix formula and
allowable tolerances at not cost to the Owner.
C.Requirements for Completed Plant Mix:
The completed mix shall meet the requirements shown in the Table below when tested in accordance with the
Marshall method of test:
TABLE
REQUIREMENTS FOR MARSHALL METHOD OF TEST
Requirement Value
I-1 I-2
Stability, Minimum 1,200 Lbs. 600 Lbs.
Flow 7-14 7-14
Void Content 3-8 4-10
05400.3 Construction Requirements
Where the surface course is to be placed on Type H binder course, the surface course shall be placed as soon as
possible after the binder course has been placed and in all cases during the same paving season.
The bituminous plant mix shall be compacted to a density of at least 95% of the laboratory density as determined by
the Marshall method test.
05450
SECTION 05450 PAVING
05450.1 Description
The work covered by this section consists of the production, delivery, and placement of all types of bituminous plant
mixed bases and surface courses to the lines, grades, thickness, and typical section shown on the Contract Drawings
or established by the Engineer.
05450.2 Materials
All materials shall meet the requirements referred to in the various sections of the specifications covering the type of
the plant mix being constructed.
05450.3 Composition of Mixtures
The bituminous plant mix shall be composed of a mixture of aggregate, asphalt cement, and mineral filler when
required. The several aggregate fractions shall be sized, uniformly graded, and combined in such proportions that
the resulting mixture meets the grading requirements of a job mix formula prepared bythe Engineer. Materials
which will not produce a job mix within the full allowable tolerances required by these specifications will be
rejected.
The job mix formula with the allowable tolerances shall be within the design limits specified for the particular type
of bituminous mixture. The job mix formula for each mixture will establish a single percentage of asphalt cement to
be added to the aggregate, and a single temperature at which the mixture is to be discharged from the plant.
The Contractor shall make a written request for the job mix formula at least 10 days prior to beginning work. When
the request made by the Contractor is not for a previously approved job mix formula, the Contractor shall also
submit samples of all aggregates proposed for use in the mix. The aggregate samples shall be taken by the
Contractor in the presence of a representative of the Engineer.
The job mix formula for each mixture shall be in effect until modified in writing by the Engineer.
All mixtures fiurnished for the work shall conform to the job mix formula within the tolerance ranges specified for
the particular mix involved as specified herein.
Should a change in sources of aggregate materials be made, a new job mix formula will be required before the new
mixture is produced.
When unsatisfactory results or other conditions make it necessary, the Engineer may establish a new job mix
formula.
The asphalt cement for the mixture will be accepted at the source subject to the provisions of these specifications.
Silicone shall be added to all asphalt cement used in surface courses and open-graded asphalt friction course, Type
J-1, unless otherwise directed by the Engineer. The amount of silicone added shall range from 1 oz. Per 2,000
gallons of asphalt cement to 1 oz. Per 2,500 gallons. The addition of the silicone to the asphalt cement shall be in
the presence of the Engineer unless it is added at the source and it is so noted on the delivery ticket. The brand of
silicone used shall be from the list published by the North Carolina Department of Transportation. The Contractor
proposing to use a brand not on the approved list shall submit a sample and manufacturer's data to the Engineer for
approval prior to use.
05450.4 Weather and Temperature Limitations for Producing and Placing Bituminous Mixtures
Bituminous mixtures shall not be produced or placed during rainy weather, when the subgrade or base course is
frozen, or when the moisture on the surface to be paved would prevent proper bond. Bituminous
05450
4
material shall not be placed when the air temperature, measured in the shade away from artificial heat at the location
of the paving operations, is less than the following temperatures:
Thickness of Layer Being
Material Placed Air Temperatures
Bituminous Concrete
Base Course, Type HB;
Bituminous Concrete
Binder Course; of Sand
Asphalt Base Course 1 ''/Z" or greater 35 deg.
Bituminous Concrete
Bind Course, or Sand
Asphalt Base course Less than 1 V2" 40 deg.
Surface Course Materials 1" or greater 40 deg. Except
Final layer
Surface Course Materials 1" or greater 40 deg. For
Final layer
Except 50
Deg. Between
Nov. 1 & April 1
Surface Course Materials Less than 1" 50 deg. Except
60 deg. Between
Nov. 1 & April 1
In addition, open-graded asphalt friction course, Type J-1, shall not be placed between November 1 and April 1.
As an exception to the above, when in any day's operations the placement of a layer of bituminous base course
material or binder material 1 ''/z" or greater in thickness has started, it may continue the temperature drops to 32 deg
Fahrenheit.
05450.5 Bituminous Mixture Production
The Contractor shall submit a certification that all bituminous production is performed under the exact requirements
and specifications used by the North Carolina Department of Transportation. If required by the Engineer, the
Contractor shall arrange for an inspection of the production facilities.
05450.6 Sur eg Stora a Bins
Surge Storage bins may be used providing the mix that is discharged from the bin meets the requirements of the job
mix formula.
05450.7 Hot Mix Silo Stora a Bins
Hot mix silo storage bins may be used providing the mix that is discharged from the bin meets the requirement of
the job mix formula.
I
t
05450
05450.8 Scales and Weigh House
The Contractor shall furnish truck scales and a weigh house except that where a batch plant provides for automatic
weighing and recording of batch weights and print-out tickets the following requirements shall be met, unless
otherwise approved by the Engineer.
1. The ticket shall show the accumulated weights by bins, plus the total weight of the mix for each individual
batch.
2. The ticket shall show the accumulated weights of the liquid asphalt for each individual batch.
3. The ticket shall show the grand total weight of each truck load of mix, including the liquid asphalt.
4. The ticket shall not show the equipment manufacturer's name.
5. The ticket shall show the name of the firm producing the mix.
6. The ticket shall have a blank space which is designated to be used for the signature of the roadway
inspector.
7. The ticket shall show the date and time of batching.
8. The ticket shall be numbered consecutively for each day/s operations.
9. The ticket shall show the project number.
10. The ticket shall show the type of mix.
11. The ticket shall show the truck number.
When required by the Engineer, the automatic weighing and recording system shall be checked by weighing a truck
load of mix on an approved set of plat form scales. Other means of checking the automatic weighing and recording
system will be designated by the Engineer if such checking becomes necessary.
The Contractor will not be permitted to use mixture delivered to the road which is not accompanied by a load ticket
signed by the weighman or an automatic printout ticket in accordance with the above requirements.
The original of all tickets, including any voided tickets or tickets for rejected mixture, shall become the property of
the Engineer.
05450.9 Transportation of Bituminous Mixture
The mixture shall be transported from the mixing plant to the point of use in the vehicles which have tight, clean,
smooth metal beds that have been sprayed with a lime solution, a soap and oil solution, or other approved material,
to prevent the mixture from adhering to the beds. Each vehicle shall be covered with a canvas or other suitable
material. All covers shall be so constructed and secured as to prevent the entrance of moisture and the rapid loss of
temperature. A 3/8" diameter hole shall be provided on each side of the vehicle body near the center of the body
and 6 inches above the bed of the vehicle for the purpose of inserting a thermometer.
The temperature of the mixture immediately prior to discharge from the hauling vehicle shall be within a tolerance
of plus 15 deg. Fahrenheit to minus 25 deg. Fahrenheit of the specified job mix temperature.
05450.10 Spreading and Finishing
The bituminous mixture shall be spread and struck off to the required grades, cross sections, and thicknesses by self
contained, power propelled pavers. The pavers shall be equipped with an activated screed or strike off assembly
which is designed to be preheated, and shall have a sliding shoe attachment which will form a slope on the edge of
the mixture which shall prevent edge raveling when the mixture is compacted.
A string line shall be placed by the Contractor for the first land of each layer of mixture placed to provide alignment
control for the paper, except that a string line will not be required when the first layer is placed adjacent to a curb
section.
Roller used to compact the mixture shall be in good condition, capable of reversing with backlash. The rollers shall
be operated with the drive wheels nearest the paver and it speeds slow enough to avoid displacement of the mixture.
Steel wheel rollers shall be equipped with wetting devices to prevent the mixture from sticking to the roller wheels.
I
f
05450
The number and weight of rollers shall be sufficient to compact the mixture to the required density while it is still in
a workable condition.
Rolling for open-graded asphalt friction course shall consist of one coverage with a tandem steel wheel roller
weighing a maximum of 10 tons, with additional rolling limited to one coverage with the roller where necessary to
improve riding surface.
The use of rolling equipment with results in excessive crushing of the aggregate or excessive displacement of the
mixture will not be permitted.
In areas inaccessible to equipment shall be thoroughly compacted by the use of hand tampers or hand operated
mechanical tampers.
The tolerance of the final compacted payment shall be 1 '/a inch from the typical cross-sections shown on the plans.
05450.11 Joints
A. Transverse Joints:
When the laying of the mixture is to be suspended long enough to permit the mixture to become chilled, transverse
joints shall be constructed. At the end of the day's operation the Contractor shall construct a sloped wedge ahead of
the end of the full depth pavement to provide for proper compaction and protection of the full depth pavement.
When directed by the Engineer, the Contractor shall place a paper parting strip beneath this wedge to facilitate joint
construction.
Before paving operations are resumed, the Contractor shall remove the sloped wedge and cut back into the
previously constructed pavement shall then lightly coated with tack coat.
When laying of the mixture is resumed at the joint, the construction of the joint shall be completed while the mixture
is still in a workable condition.
B. Longitudinal Joints
Longitudinal joints shall be formed by allowing the paver to deposit the mixture adjacent to the joint to such depth
that maximum compaction can be obtained along the joint. The joint shall be pinched by rolling immediately behind
the paver.
When the multi-lane, multi-layer construction is required, the longitudinal joint is each lay shall offset that in the
layer immediately below by approximately 6-inches. The joint in the top layer shall be constructed, where possible,
between design travel lanes.
05450.12 Surface Reauirements
The surface of the plant mix base or pavement after compaction shall be smooth and true to the required cross
section and grade. Any defective areas shall be corrected with satisfactory , material which shall be immediately
compacted to conform with the surrounding area. Any area showing an excess of asphalt cement shall be removed
and replaced.
The surface will be tested by the Engineer at all joints and at other selected locations using a 10 foot straightedge.
The variation of the surface from the testing edge of the straightedge, when applied parallel to the centerline of the
surface, shall not exceed 1/8 inch between any two contact points. Areas found to exceed this tolerance shall be
corrected by the Contractor by removal of the defective work and replacement with new material unless other
corrective measures are permitted by the Engineer. The work and materials required in the correction of defective
work shall be provided by the Contractor at no cost.
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WEST CONSULTANTS, PLLC ?
Consulting Engineers u l?
405 South Sterling Street
MORGANTON, NORTH CAROLINA 28655
. Phone (828) 433-5661 Fax (828) 433-5662
To NC Division Of Water Quality (Asheville)
Environmental Engineer
2090 US Highway 70
Swannanoa NC 28778
JOB NUMBER/PH84055 A12004
ATTENTION Jim Reid
RE:
Town of Sawmills
Street Resurfacing - 2004 Paving
WE ARE SENDING YOU X
Shop drawings
Attached Under separate cover via the following items.
Prints Plans Specifications Samples
Copy of letter Change order Other:
v
m _.
COPIES DATE NUMBER DESCRIPTION G
2 FR
Plans an Specs
mp ?
m A .?+ tl 1?fL
WETLANDS/ 401 GROUP r 0
0
-ii o r
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JUN S 0 2004 m
WATER QUALITY SEC
TION
THESE ARE TRANSMITTED as checked below:
For your approval
X For your use
As requested
For review and comment
FOR BIDS DUE/DATE:
Approved as submitted
Approved as noted
Returned for corrections
Other
6/24/2004
Resubmit copies for approval
Submit copies for distribution
Return corrected prints
PRINTS RETURNED AFTER LOAN TO US
REMARKS
Street Resurfacing for: Clyde Drive, Jett Drive, Dori s Drive, Stamey Road, Holden Place, Leah Lane, and
Fishing Pier Access Path.
COPYTO File SIGNED QYV4!)
.?
H enclosures are not as noted, please notify us at once.
PRODUCT 13127M USE NTH 771 ENVELOPE NEBS To Reorder. 1-800-225-6380 or www.nobs.com PRINTED IN U.S.A. A
Q WA?Fn Michael F. Easley, Governor
William G. Ross Jr., Secretary
f North Carolina Department of Environment and Natural Resources
=! Alan W. Klimek, P. E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 6, 2004
DWQ Project # 04-0469
Caldwell County
Page 1 of 2
Town of Sawmills
4076 Highway 321-A
Granite Falls, NC 28630
Subject Property: Fishing Pier & Access Path, Lake Rhodh ss, Sawmills, NC_
Lake Rhodiss (Catawba River) [03-08-31, 11-37, WS-IV B CA]
Approval Of 401 Water Quality Certification And Authorization Certificate per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions
To Whom It May Concern:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact approximately 9,000 square feet (fe) of protected riparian
buffers for the purpose of installing a fishing pier, 5-foot wide access path and concrete steps as
described within your revised plans dated June 2004 and received by the N.C. Division of Water
Quality (DWQ Wetlands/401 Unit on June 15, 2004. After reviewing your application, we have
decided that the impacts to waters for the construction of the fishing pier are covered by the
DWQ General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s)
allows you to use Regional General Permit No. 198200030 when issued by the US Army Corps
of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0243. In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control and Duke
Power regulations and permits. Also, this approval to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. This approval requires you to follow
the conditions listed in the attached certification and any additional conditions listed below.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (hftp://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Town of Sawmills
Page 2 of 2
July 6, 2004
The Additional Conditions of the Certification are:
1. Diffuse Flow - An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as
identified within 15A NCAC 2B .0243(5).
2. Certificate of Completion - Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters' as depicted in your application and'as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 2769076714. This certification and its
conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B
.0243. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob
Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.
AWK/bz
Enclosures: Certificate of Completion
GC 3373
cc: Jeff Ferguson, N.C. WRC, 171 Southern Cross Rd., Weaverville, NC 28787
Benjamin Thomas, P.E., West Consultants, PLLC, 405 S. Sterling St., Morganton, NC 28655
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Filename: 040469
,MEMORANDUM
TO: John Dorney Regional Contact: Jim Reid
Non-Discharge Branch WO Supervisor: Farrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Town of Sawmills Fishing Pier Access Path County Caldwell
Project Number 04 0469 County2
Recvd From APP Region Asheville
Received Date 3/23/04 Recvd By Region
Project Type Fishing Pier access path
Certificates Stream Stream Impacts (ft.)
Permit 'Wetland Wetland Wetland -- Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. ' Basin Req. Req. ME
CBR Buffer, FT O N F_ I 1--( ,7) 30,831. F-F- F-F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue p Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 35 47 02 Longitude (ddmmss) 81 29 00
Comments:
On June 14, 2004- ARO received t he Town of Sawmills's revised pl an for the access path to a
M
propose d fishing
pier. The original lyprroposed 8 feet-wide path had been reduced to 5 feet
n width.
Addit_ ion .
, in the revised plan, no trees are to be removed. Due to the Town's having substantial14
revised t heir plan
due to the pathw ay being rimarily for providing h ancicapped accessed
and due
to the cu ,
rrently eroded condition of the area in which the path is loc ?
,
ated, ARO recommends the plan
as "allow able" under the Catawba Buffer Rules,
cc: Regional Office Page Number 1
Central Office
Facility Name Town of Sawmills Fishing Pier Access Path County Caldwell `
Project Number 04 0469 Regional Contact:
Date:
Comments (continued from page 1):
Jim Reid
cc: Regional Office
Central Office Page Number 2
Project 04-0469, Town of Sawmills Fishing Pier Path, C...
4w-
Subject: Project 04-0469, Town of Sawmills Fishing Pier Path, Caldwell County
From: Jim Reid <Jim.Reid@ncmail.net>
Date: Thu, 24 Jun 2004 15:09:31 -0400
To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Jim Reid <Jim.Reid@ncmail.net>
Cyndi,
ARO received on June 14, 2004 a revised plan for subject project
(project # 04-0469). The plan has been substantially modified from what
was originally submitted. The staff report (in FileMaker) for the
project has been revised. ARO recommends issuance of "approval". If
there are questions, please contact me.
Jim Reid
Jim Reid - Jim.Reid@ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828-296-4500
Fax: 828-299-7043
Jim Reid <Jim.Reid@ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
1 of 1 6/24/04 3:11 PM
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Town of Sawmills Fishing Pier Access Path
Project Number '04_ 0469
Recvd From 'APP
Received Date 3/23/04 Recvd By Region
Project Type Fishing Pier access path
County Caldwell
County2
Region Asheville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet '- -
Type Type Impact Score Index Prim. Supp: Basin Req. - Req. -
1 O v F__ F 114371 ???SIV, B CA 3(1.$31. F_- F_ F-
CBR Buffers FT-0-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O YO N Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? OQ Y O N
Is Mitigation required? O Y O N
Provided by Region: Latitude (ddmmss) 35 47 02
Recommendation: O Issue 0 Issue/Coed O Deny
Longitude (ddmmss)
Comments:
812900
Regional Staff met with the Town's co nsultant engineer, Bengie Thomas of West and Associates on
June 1, 2004. The applicant stated th at the two concrete pads (requiring removal of trees) for icp nic
tables would be eliminated. The two c oncrete pads would be re In aced with three tables closer to the
water. The pads for the relocted table s would be elevated above groWnd and would be of pervious
decking and would therefore be "allow able" under CTB Buffer Rules.
Additionally, the applicant will atemnt to reduce the width of the asphialt trail from the ap rking spaces
to the fishing pier. The proposed 8-foot wide path would require rem«7val of three trees. If the width
of the path can be reduced, removal of three trees would not be necessary. If the width of the path
cannot be reduced,. replacement trees (for those removed) would be installed .
11^1AInkiln I 1,-,n I'
Upon rece*pt pf a modified plan, issuanc ermut w*th LL
Ctfl? v" Y G "mac)
JC-AQ to
cc: Regional Office
Central Office Page Number 1
WEST CONSULTANTS, PLLC
Consulting Engineers
405 South Sterling Street
MORGANTON, NORTH CAROLINA 28655
Phone (828) 433-5661 Fax (828) 433-5662
To 401 Wetlands Unit
NCDENR - Div. Of Water Quality
1650 Mail Service Center
Raleigh NC 27699-1650
1489
DOS ?C? O p 1?nl?Gu?Q
Nalo
JOB NUMBER/PHONE DATE
04055 6/9/2004
ATTENTION
John Dorney
RE:
Town of Sawmills
Street Resurfacing - 2004 Paving
-:1)l.D Q *?s 0q- nqL9
WE ARE SENDING YOU X Attached Under separate cover via
Shop drawings Prints Plans
Copy of letter Change order Other:
the following items.
Specifications Samples
COPIES DATE NUMBER DESCRIPTION
2 Plans and Specs
WETLANDS 1401 GROUP
JUN 15 2004
WATER QUALITY SECTION
THESE ARE TRANSMITTED as checked below:
For your approval
X For your use
As requested
For review and comment
FOR BIDS DUE/DATE:
Approved as submitted
Approved as noted
Returned for corrections
Other
6/24/2004
Resubmit copies for approval
Submit copies for distribution
Return corrected prints
PRINTS RETURNED AFTER LOAN TO US
REMARKS
Street Resurfacing for: Clyde Drive, Jett Drive, Doris Drive, Stamey Road, Holden Place, Leah Lane, and
Fishing Pier Access Path.
COPY TO File
ff enclosures are not as noted, please notify us at once.
PRODUCT 13127M USE WITH 771 ENVELOPE NEBS To Reorder: 1-800-225-6380 or www.nebs.com
SIGNED It/Yl/LtJ?J ?? I DYf1107
PRINTED IN U.S.A. A -
n
1
oYa4 9
TOWN OF SAWMILLS
STREET RESURFACING
CLYDE DRIVE
JETT DRIVE
DORIS DRIVE
STAMEY ROAD
HOLDEN PLACE
LEAH LANE
FISHING PIER ACCESS PATH
SAWMILLS, NORTH CAROLINA
w
WETLANDS 1401 GROUP
JUN 1. 5 2004
JUNE, 2004 WATER QUALITY SECTION
BENJAMIN B. THOMAS, P.E.
WEST CONSULTANTS, PLLC
MORGANTON, NORTH CAROLINA
I
TABLE OF CONTENTS
INFORMAL INVITATION FOR BIDS
BID
BID BOND (Waived)
AGREEMENT
GENERAL CONDITIONS
PERFORMANCE BOND
PAYMENT BOND
NOTICE OF AWARD
NOTICE TO PROCEED
APPLICATION FOR PAYMENT
CHANGE ORDER
TECHNICAL SPECIFICATIONS:
01560 Special Controls
02822 Landscaping
02828 Restoration of Surfaces
03150 Subgrade
03200 Embankments
04250 Storm Drainage Pipe
05100 Aggregate Base Course
05400 Bituminous Concrete Surface Course, Types I-1 and I-2
05450 Paving
05475 Utility Adjustment
Fishing Pier Accessible Path (2 sheets)
Location Map
I
INFORMAL INVITATION FOR BIDS
TOWN OF SAWMILLS
4076 US HIGHWAY 321-A
GRANITE FALLS, NC 28630
Separate sealed BIDS for the construction of the Street Resurfacing will be received by the Town
of Sawmills at the office of Town of Sawmills, 4076 US Highway 321-A Granite Falls North Carolina
28630 until Thursday, June 24, 2004 at 2:00 P.M, and then at said office publicly opened and read
aloud.
The CONTRACT DOCUMENTS may be examined at the following locations:
-West Consultants, PLLC - Morganton, NC
Copies of the CONTRACT DOCUMENTS may be obtained at the office of West Consultants,
PLLC, located at 405 South Sterling Street, Morganton, North Carolina 28655.
Robert Frye, Town Manager
Town of Sawmills
Date:
I
BID
Proposal of (hereinafter called 'Bidder"), organized
and existing under the laws of the State of doing business as
* (*insert "a corporation", "a partnership", or "an individual" as
applicable) to Town of Sawmills, (hereinafter called "Owner").
In compliance with the Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the
construction of the Street Resurfacing in strict accordance with the CONTRACT DOCUMENTS, within the time
set forth therein, and at the prices stated below.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto
certifies as to his own organization, that this BID has been arrived at independently, without consultation,
communication or agreement as to any matter relating to this BID with any other BIDDER or with any
competitor.
BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the
NOTICE TO PROCEED and to fully complete the project within 45 calendar days thereafter. BIDDER further
agrees to pay as liquidated damages the sum of $100.00 for each consecutive calendar day thereafter as provided
in Section 15 of the General Conditions.
BIDDER acknowledges receipt of the following ADDENDUM:
BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following
unit prices or lump sum:
BID SCHEDULE
NOTE: BIDS shall include sales tax and all other applicable taxes and fees.
Item
Street Resurfacing
1 1 1/2" I-2 Pavement*
a. Clyde Drive 1,056'x 14'
b. Jett Drive 680'x 17'
c. Doris Drive 848'x 16'
d. Stamey Road 3,490'x 20'
e. Holden Place 1,090'x 17'
f. Leah Lane 825'x 19'
2. Jett Drive **
Construct (2) Roadway
Channels (60 LF & 100 LF)
Approximately 6" deep x 4' wide
Includes Mulch and Seeding
3. Roadway Traffic Paint on Stamey Road
Work and Materials shall be per
NCDOT Specifications
a. Single 4" Wide White Shoulder Line
b. Double Yellow Centerline
(Includes Both Lines)
4. Paving Fishing Pier Access Path 5' Wide
a. Grading (190 LF)
b. 4" ABC Stone
c. 1 %2" I-2 Pavement
d. Seed & Mulch
5. Shoulder Clearing
Leah Lane - 380 LF
Clearing Width to be 6 ft. from Edge of
Pavement
TOTAL
Quantity Unit Price Total Price
150 TN $ $
120 TN $ $
135 TN $ $
700 TN $ $
185 TN $ $
150 TN $ $
Lump Sum $
6,980 LF $ $
3,490 LIT $ $
Lump Sum $
25 TN $ $
10 TN $ $
Lump Sum $
Lump Sum $
* Note: All streets to have vegetation removed from paved areas and treated with herbicide prior to placement of
new surfaces. The c ontractor will be responsible for adjustment of existing structures (valve boxes, manhole
rings and covers, drainage structures, etc.). This may be done with any NCDOT approved method of adjustment.
Payment for adjustment of existing structure shall be included in the bid price for other items.
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
and
firmly bound unto
as Principal,
as Surety, are hereby held and
as
OWNER in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,
successors and assigns.
Signed, this day of , 20
The Condition of the above obligation is such that whereas the Principal has submitted to
a certain BID,
attached hereto and hereby made a part hereof to enter into a contract in writing for
the
NOW, THEREFORE:
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the form of
contract attachment thereto (properly completed in accordance with said BID) and shall furnish a
BOND for his faithful performance of said contract, and for the payment of all persons
performing labor, furnishing materials in connection therewith, and shall in all other respects
perform the agreement created by the acceptance of said BID, then this obligation shall be void, ,
otherwise the same shall remain in force and effect; it being understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
Sure, for value received, hereby stipulated and agrees that the obligations of said Surety and its
BOND shall be in no way impaired or affected by any extension of the time within which the OWNER
may accept such BID; and said surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,
and such of them as are corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth above.
Principal
Surety
By:
IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
AGREEMENT
THIS AGREEMENT, made this day of , 20 , by and
between Town of Sawmills hereinafter called "OWNER" and doing
business as a corporation hereinafter called "CONTRACTOR".
WITNESSETH: that for and in consideration of the payments and agreements hereinafter
mentioned:
1. The CONTRACTOR will commence and complete the construction of the Street Resurfacing.
2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the PROJECT described herein.
3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS
within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same
within 45 calendar days unless the period for completion is extended otherwise by the
CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT
DOCUMENTS and comply with the terms therein for the sum of $ or as
shown in the BID SCHEDULE.
The term "CONTRACT DOCUMENTS" means and includes the following:
(A) INVITATION FOR BIDS
(B) INFORMATION FOR BIDDERS
(C) BID
(D) BID BOND (Waived)
(E) AGREEMENT
(F) GENERAL CONDITIONS
(G) PERFORMANCE BOND
(H) PAYMENT BOND
(1) NOTICE OF AWARD
(J) NOTICE TO PROCEED
(K) APPLICATION FOR PAYMENT
(L) CHANGE ORDER
(M) DRAWINGS prepared by WEST CONSULTANTS, PLLC, Numbered 1
through 2 and dated June, 2004.
(1) SPECIFICATIONS prepared by WEST CONSULTANTS, PLLC, dated June, 2004.
(O) ADDENDA:
Number Dated
Number Dated
5. The OWNER will pay the CONTRACTOR in the manner and at such times as set forth in the
General Conditions such as amounts as required by the CONTRACT DOCUMENTS.
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies each of which shall be deemed an original on the date first
above written.
OWNER: TOWN OF SAWMILLS
BY
TITLE
(SEAL)
ATTEST
CONTRACTOR:
BY
TITLE
ADDRESS
(SEAL)
ATTEST
GENERAL CONDITIONS
1. Definitions
2. Additional Instructions and
Detail Drawings
3. Schedules, Reports and Records
4. Drawings and Specifications
5. Shop Drawings
6. Materials, Services and
Facilities
7. Inspection and Testing
8. Substitutions
9. Patents
10. Surveys, Permits, Regulations
11. Protection of Work, Property,
Persons
12. Supervision by Contractor
13. Changes in the Work
14. Changes in the Contract Price
1. DEFINITIONS
15. Time for Completion and Liquidation Damages
16. Correction of Work
17. Subsurface Conditions
18. Suspension of Work, Termination and Delay
19. Payments to Contractor
20. Acceptance of Final Payment as Release
21. Insurance
22. Contract Security
23. Assignments
24. Indemnification
25. Separate Contracts
26. Subcontracting
27. Engineer's Authority
28. Land and Rights-of-Way
29. Guaranty
30. Taxes
1.1 Whenever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated and shall
be applicable to both the singular and plural thereof,
1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or
interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or
corrections.
1.3 BID - The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK
to be performed.
1.4 BIDDER - Any person, fain, or corporation submitting a BID for the WORK.
1.5 BONDS - Bid, Performance, and Payment Bonds and other instruments of security, furnished by the
CONTRACTOR and his security in accordance with the CONTRACT DOCUMENTS.
1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the
WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT
PRICE or CONTRACT TIME.
1.7 CONTRACT DOCUMENTS - The contract, including Advertisement for BIDS, Information for Bidders, Bid, Bid
Bond, Agreement, Payment Bond, Performance Bond, Notice to Proceed, Change Order, Drawings, Specifications, and
Addenda.
1.8 CONTRACT P RICE - T he total monies p ayable t o t he CONTRACTOR under t he t erms a nd c onditions o f the
CONTRACT DOCUMENTS.
1.9 CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of
the WORK.
1.10 CONTRACTOR - The person, firm, or corporation with whom the OWNER has executed the Agreement.
1.11 DRAWINGS - The part of the CONTRACT DOCUMENTS which show the characteristics and scope of the
WORK to be performed and which have been prepared or approved by the ENGINEER.
1.12 ENGINEER - The person, firm, or corporation named as such in the CONTRACT DOCUMENTS.
1.13 IELD ORDER - A written, order effecting a change in the WORK not involving an adjustment in the CONTRACT
PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction.
1.14 NOTICE OF AWARD - The written notice of the acceptance of the BID from the OWNER to the successful
BIDDER.
1.15 NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him
to proceed with the WORK and establishing the date of commencement of the WORK.
1.16 OWNER - A public or quasi-public body or authority, corporation, association, partnership, or an individual for
whom the WORK is to be performed.
1.17 PROJECT - The undertaking to be performed as provided in the CONTRACT DOCUMENTS.
1.18 RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the OWNER who is assigned to the
PROJECT site or any part thereof.
1.19 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared
by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER, or distributor, which illustrate how specific
portions of the WORK shall be fabricated or installed.
1.20 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical
nature of materials, equipment, construction systems, standards and workmanship.
1.21 SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with
any other SUBCONTRACTOR for the performance of a part of the WORK at the site.
1.22 SUBSTANTIAL COMPLETION - That date as certified by the ENGINEER when the construction of the
PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that
the PROJECT or specified part can be utilized for the purposes for which it is intended.
1.23 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to General Conditions required by a Federal agency
for participation in the PROJECT and approved by the Agency in writing prior to inclusion in the CONTRACT
DOCUMENTS, or such requirements that may be imposed by applicable State laws.
1.24 SUPPLIER - Any person or organization who supplies materials or equipment for the WORK, including that
fabricated to a special design, but who does not perform labor at the site.
1.25 WORK - All labor necessary to produce the construction required by the CONTRACT DOCUMENTS, and all
materials and equipment incorporated or to be incorporated in the PROJECT.
1.26 WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of this Agreement in writing
and considered delivered and the service thereof completed, when posted by Certified or Registered Mail to the said party at
his last given address, or delivered in person to said party or his authorized representative on the WORK.
2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
2.1' The CONTRACTOR may be furnished additional instructions and detail drawings, by the ENGINEER, as necessary
to carry out the WORK required by the CONTRACT DOCUMENTS.
2.2 The additional drawings and instruction thus supplied will become a part of the CONTRACT DOCUMENTS. The
CONTRACTOR shall cant' out the WORK in accordance with the additional detail drawings and instructions.
3. SCHEDULES, REPORTS AND RECORDS
3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress schedules,
payrolls, reports, estimates, records and other data where applicable as are required by the CONTRACT DOCUMENTS for
the WORK to be performed.
3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit construction progress schedules showing
the order in which he proposes to carry on the WORK, including dates at which he will start the various parts of the WORK,
estimated date of completion of each part and, as applicable;
3.2.1 The dates at which special detail drawings will be required; and
3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the -testing and the
installation of materials, supplies and equipment.
3.3 The CONTRACTOR shall also submit a schedule of payments that he anticipates he will earn during the course of
the work.
4. DRAWINGS AND SPECIFICATIONS
4.1 The intent of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR shall furnish all labor, materials,
tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT
DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use,
occupancy or operation by the OWNER.
4.2 In case of conflict between the DRAWINGS and SPECIFICATIONS, the SPECIFICATIONS shall govern. Figure
dimensions on DRAWINGS shall govern over general DRAWINGS.
4.3 Any discrepancies found between the DRAWINGS and SPECIFICATIONS and site conditions or any
inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the ENGINEER,
in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR
after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk.
5. SHOP DRAWINGS
5.1 The CONTRACTOR shall provide SHOP DRAWINGS as, may be necessary for the prosecution of the WORK as
required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The
ENGINEER'S approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations
from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWING which substantially deviates from the
requirement of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER.
5.2 When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear the CONTRACTOR'S certification
that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with the requirements
of the CONTRACT DOCUMENTS.
5.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP
DRAWING or submission has been approved by the engineer. A copy of each approved SHOP DRAWING and each
approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER.
6. MATERIALS, SERVICES AND FACILITIES
6.1 It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the
CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation,
supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to
execute, complete, and deliver the WORK within the specified time.
6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK.
Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection.
6.3 Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned as directed by the manufacturer.
6.4 Materials, supplies and equipment shall be in accordance with samples submitted by the CONTRACTOR and
approved by the ENGINEER.
6.5 Materials, supplies or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR
or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an
interest is retained by the seller.
7. INSPECTION AND TESTING
7.1 All materials and equipment used in the construction of the PROJECT shall be subject to adequate inspection and
testing in accordance with generally accepted standards, as required and defined in the CONTRACT DRAWINGS.
7.2 The OWNER shall provide all inspection and testing services not required by the CONTRACT DOCUMENTS
7.3 The CONTRACTOR shall provide at his expense the testing and inspection services required by the CONTRACT
DOCUMENTS.
7.4 If the CONTRACT DOCUMENTS, law, ordinances, rules, regulations or orders of any public authority having
jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR,
the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the
ENGINEER the required certificates of inspection, testing, or approval.
7.5 Inspections, tests or approvals by the ENGINEER or others shall not relieve the CONTP ACTOR from his
obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS.
7.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition, authorized
representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials,
payrolls, records of personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide
proper facilities for such access and observation of the WORK and also for any inspection, or testing thereof.
7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if requested by the
ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR'S expense.
7.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the
CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection
or testing as the ENGINEER may require, that portion of the WORK in question, fiunishing all necessary labor, materials,
tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, if however, such WORK is not
found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE of an extension of the
CONTRACT TIME, or both, directly attributive to such uncovering, exposure, observation, inspection, testing and
reconstruction and an appropriate CHANGE ORDER shall be used.
8. • SUBSTITUTIONS
8.1 Whenever a material, article or piece of equipment is identified on the DRAWINGS or SPECIFICATIONS by
reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the
performance or other salient requirements and that other products of equal capacities, quality and function shall be
considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal
substance and function to that specified, the ENGINEER may approve its substitution and use of the CONTRACT. Any cost
differential shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately
modified by CHANGE ORDER. The CONTRACTOR WARRANTS that if substitutes are approved, no major changes in
the function or general design of the PROJECT will result. Incidental changes or extra component parts required to
accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or
CONTRACT TIME.
9. PATENTS
9.1 The CONTRACTOR shall pay applicable royalties and license fees. He shall defend all suits or claims for
infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall
be responsible for any such loss when a particular process, design, or the product of a particular manufacturer or
manufacturers is specified; however, if the CONTRACTOR has reason to believe that the design, process or product
specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the
ENGINEER.
10. SURVEYS. PERMITS. REGULATIONS
10.1 The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component
parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT
DOCUMENTS. From the information provided by the OWNER, unless otherwise specified in the CONTRACT
DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes,
batter boards, stakes for pile locations and other working points, liens, elevations and cut sheets.
10.2 The CONTRACTOR shall carefully preserve bench marks, reference points and stakes, and, in case of willful or
careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistake that may be
caused by their necessary loss or disturbance.
10.3 Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for
by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits, licenses and
easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER,
unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and
regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the
CONTRACT DOCUMENTS are at variance therewith, the CONTRACTOR shall promptly notify the ENGINEER in
writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK.
11. PROTECTION OF WORK PROPERTY AND PERSONS
11.1 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the WORK. The CONTRACTOR will take all necessary precautions for the safety of, will
provide the necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or
loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or
equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
11.2 The CONTRACTOR will comply with all applicable laws„ ordinances, rules, regulations and orders of any public
body having jurisdiction. The CONTRACTOR will erect and maintain, as required by the conditions and progress of the
WORK, all necessary safeguards for safety and protection. T he CONTRACTOR will notify owners of adjacent utilities
when prosecution of the WORK may affect them. The CONTRACTOR will remedy all damage, injury or loss' to any
property caused, directly or indirectly, in whole or part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly
or indirectly employed by any of them or anyone whose acts may be liable, except damage or loss attributable to the fault of
the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER, of the ENGINEER or anyone employed by
either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or
in part, to the fault or negligence of the CONTRACTOR.
11.3 In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the
CONTRACTOR, without special instructions or authorization from the ENGINEER or OWNER, shall act to prevent
threatened damage, injury or loss. The CONTRACTOR will give the ENGINEER prompt WRITTEN NOTICE of any
significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE
ORDER shall thereupon be issued covering the changes and deviations involved.
12. SUPERVISION BY CONTRACTOR
12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for the means, methods,
techniques, sequences and procedures of construction. T he CONTRACTOR will employ and maintain on the WORK a
qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the CON-
TRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and
all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be
present on the site at all times as required to perform adequate supervision and coordination of the WORK.
13. CHANGES IN THE WORK
13.1 The OWNER may at any time, as the need arises, order changes within the scope of the WORK invalidating the
Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time
required for performance of the WORK, an equitable adjustment shall be authorized by CHANGE ORDER.
13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK.
The CONTRACTOR shall proceed with the performance of any changes in the WORK. The CONTRACTOR shall proceed
with the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that
such FIELD ORDER entitles the CONTRACTOR to a change in CONTRACT PRICE or TIME, or both, in which event the
CONTRACTOR shall give the ENGINEER WRITTEN NOTICE thereof within seven (7) days after the receipt of the
ordered change. Thereafter the CONTRACTOR shall document the basis for the change in CONTRACT PRICE or TIME
WITHIN thirty (30) days. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE
ORDER or further instruction from the OWNER.
14. CHANGES IN CONTRACT PRICE
14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of any WORK covered by a
CHANGE ORDER or of any claim for increase or decrease in the CONTRACT PRICE shall be determined by one of more
of the following methods in the order of precedence listed below:
a. Unit prices previously approved.
b. An agreed lump sum.
15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
15.1 The date of beginning and the time for completion of the WORK are essential conditions of the CONTRACT
DOCUMENTS and the WORK embraced shall be commenced on a date specified in the NOTICE TO PROCEED.
15.2 The CONTRACTOR will proceed with the WORK at such rate of progress to insure full completion within the
CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the
CONTRACT TIME for the completion of the WORK described herein is a reasonable time, taking into consideration the
average climatic and economic conditions and other factors prevailing in the locality of the WORK.
15.3 If the CONTRACTOR shall fail to complete the WORK. within the CONTRACT TIME, or extension of time
granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for liquidated damages as specified in
the B ID for each calendar day that the CONTRACTOR shall be in default after the time stipulated i n t he CONTRACT
DOCUMENTS.
15.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion
of the WORK is due to the following and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the
OWNER or ENGINEER.
15.4.1 To any preference, priority or allocation order duly issued by the OWNER
15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including
but not restricted to, acts of God, or of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the
performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and
abnormal and unforeseeable weather; and
15.4.3 To any delays of SUBCONTRACTORS occasioned by any of the causes specified in paragraphs 15.4.1 and 15.4.2
of this article.
16. CORRECTION OF WORK
16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to
comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR
shall promptly replace and re-execute the WORK in accordance with the CONTRACT DOCUMENTS and without expense
to the OWNER and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by
such removal or replacement.
16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S expense. If the CONTRACTOR does
not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may
remove such WORK and store the materials at the expense of the CONTRACTOR.
17. SUBSURFACE CONDITIONS
17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, except in the event of an emergency,
notify the OWNER by WRITTEN NOTICE of
17.1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the CONTRACT
DOCUMENTS; or
17.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent in WORK of the character provided for in the CONTRACT
DOCUMENTS.
17.2 The OWNER shall promptly investigate the conditions, and if it is found that such conditions do so materially differ
and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, an equitable
adjustment shall be made and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the
CONTRACTOR for a djustment h ereunder s hall not b e allowed u nless t he r equired W RITTEN N OTICE h as b een given;
provided that the OWNER may, if the OWNER determines the facts so justify, consider and adjust any such claims asserted
before the date of final payment.
18. SUSPENSION OF WORK TERMINATION AND DELAY
18.1 The OWNER may suspend the WORK or any portion thereof for a period of not more than ninety days or such further
time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the ENGINEER which
shall fix the date on which WORK shall be resumed The CONTRACTOR will resume that WORK on the date'so fixed.
The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or
both, directly attributable to any suspension.
18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or makes a general assignment for the benefit of its
creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of its property, or if CONTRACTOR files
a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or repeatedly fails
to make prompt payments to SUBCONTRACTORS or for labor, materials or equipment or disregards laws, ordinances,
rules, regulations or orders of any public body having jurisdiction of the WORK or disregards the authority of the
ENGINEER, or otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER may, without
prejudice to any other right or remedy and after giving the CONTRACTOR and its surety a minimum of ten (10) days from
delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take possession of the PROJECT and
of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish
the WORK by whatever method the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to
receive any further payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct
and i ndirect c osts o f c ompleting t he P ROJECT, i ncluding c ompensation for a dditional p rofessional s ervices, such a xcess
shall be paid to the CONTRACTOR If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference
to the OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a CHANGE
ORDER.
18.3 Where the CONTRACTOR'S services have been so terminated by the OWNER, said termination shall not affect
any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or
payment of monies by the OWNER due the CONTRACTOR will not release the CONTRACTOR from compliance with the
CONTRACT DOCUMENTS.
18.4 After ten days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the OWNER
may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the
CONTRACT. In such case the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus
reasonable profit.
18.5 If, through no act or fault of the CONTRACTOR, the WORK is suspended for a period of more than ninety (90)
days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any request for
payment within thirty (30) days after it is submitted, or the OWNER fails to pay the CONTRACTOR substantially the sum
approved by the ENGINEER or awarded by arbitrators within thirty (30) days of its approval and presentation, then the
CONTRACTOR may, after ten (10) days from delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER
terminate the CONTRACT and recover from the OWNER payment for all WORK executed and all expenses sustained. In
addition and in lieu of terminating the CONTRACT, if the ENGINEER has failed to act on a request for payment or if the
OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) days written notice to the
OWNER and the ENGINEER stop the WORK until he has been paid all amounts then due, in which event and upon
resumption of the WORK CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the
CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK.
18.6 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of
the OWNER or ENGINEER to act within the time specified in the CONTRACT DOCUMENTS, or if no time is specified,
within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall
be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure
of the OWNER or ENGINEER.
19: PAYMENT TO CONTRACTOR
19.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the
CONTRACTOR will submit the ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR
covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the
ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the
WORK but delivered and suitable stored at or near the site, the partial payment estimate shall also be accompanied by such
supporting data, satisfactory to the OWNER, as will establish the OWNER'S title to the material and equipment and protect
his interest therein, including applicable insurance. The ENGINEER will, within ten (10) days after receipt of each partial
payment estimate, either indicate in writing his approval of payment and present the partial payment estimate the OWNER,
or return the partial payment estimate to the CONTRACTOR indicating in writing his reasons for refusing to approve
payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment
estimate. The OWNER will, within ten (10) days of presentation to him of an approved partial payment estimate, pay the
CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The OWNER shall retain ten
(10) percent of the amount of each payment until final completion and acceptance of all work covered by the CONTRACT
DOCUMENTS. The OWNER shall retain ten (10) percent of the amount of each payment until final completion and
acceptance of all work covered by the CONTRACT DOCUMENTS. The OWNER at any time, however, after fifty (50)
percent of the WORK has been completed, if he finds that satisfactory progress is being made, shall reduce retainage to five
(5%) percent o the current and remaining estimates. When the WORK is substantially complete (operational or beneficial
occupancy), the retained amount may be further reduced below five (5) p ercent to only that amount necessary to a ssure
completion. On completion and acceptance of a part of the WORK on which the price is stated separately in the
CONTRACT DOCUMENTS, payment may be made in full, including retained percentages, less authorized deductions.
19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which
are suitable stored either at or near the site.
19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of the ENGINEER and with the
concurrence of the CONTRACTOR, may use any completed or substantially completed portions of the WORK. Such use
shall not constitute an acceptance of such portions of the WORK.
19.4 The OWNER shall have the right to enter the premises for the purpose of doing work not covered by the
CONTRACT DOCUMENTS. This provision shall not be construed as relieving the CONTRACTOR of the sole
responsibility for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be
caused by agents or employees of the OWNER.
19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate attached to the final
payment request that the WORK has been accepted by him under the conditions of the CONTRACT DOCUMENTS. The
entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be
lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance
of the WORK.
19.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims
growing out of the lawful demand of SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and furnishers of
machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK.
The CONTRACTOR shall, at the OWNER'S request, famish satisfactory evidence that all obligations of the nature
designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after
having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that
all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed in accordance with the
terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any
obligations upon the OWNER to either the CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of the
CONTRACTOR, any payment s o in ade by the 0 WNER s hall be considered as a payment in ade u nder the C ONTRACT
DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any
such payments made in good faith.
19.7 If the OWNER fails to make payment thirty (30) days after approval by the ENGINEER, in addition to other
remedies available to the CONTRACTOR, there shall be added to each such payment interest at the maximum legal rate
commencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR.
20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
20.1 The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all
claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the
CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the
OWNER and others relating to or arising out of this WORK. Any payment, however, final or otherwise, shall not release the
CONTRACTOR or his sureties from any obligations under the CONTRACT DOCUMENTS or the Performance BOND and
Payment BONDS.
21. INSURANCE
21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below
which may arise out of or result from the CONTRACTOR'S execution of the WORK, whether such execution be by himself
or by any SUBCONTRACTOR or by anyone directly or indirectly employed by any of them, or by anyone for whose acts
any of them may be liable:
21.1.1 Claims under Workmen's Compensation, disability benefit and other similar employee benefit acts;
21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees;
21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees';
21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a
result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any
other person; and
21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.
21.2 Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the
WORK. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled unless at
least fifteen (15) days prior WRITTEN NOTICE has been given to the OWNER.
21.3 The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, liable
insurance as hereinafter specified:
21.3.1 CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to
the CONTRACTOR and protecting him from all claims for personal injury, including death, and all claims for destruction of
or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether
such operations be by himself or by any SUBCONTRACTOR under him, or anyone directly or indirectly employed by the
CONTRACTOR or by a SUBCONTRACTOR under him. Insurance shall be written with a limit of liability of not less than
$500,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one
person in any one accident; and a limit of liability of not less than $500,000 aggregate for any such damages sustained by two
or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all
property damage sustained by any one person in any one accident; and a limit of liability of not less than $200,000 aggregate
for any such damage sustained by two or more persons in any one accident.
21.3.2 The CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the
PROJECT to the full insurable value thereof for the benefit of the OWNER, the CONTRACTOR, and SUBCONTRACTORS
as their interest may appear. This provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from
obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT.
21.4 The CONTRACTOR shall procure and maintain, at his own expense, during the CONTRACT TIME, in accordance
with the provisions of the laws of the state in which the work is performed Workmen's Compensation Insurance, including
occupational disease provisions, for all of his employees at the site of the PROJECT and in case any work is sublet, the
CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Workmen's Compensation Insurance,
including occupational disease provisions, for all of the latter's employees unless such employees are covered by the
protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this contract at
the site of the PROJECT is not protected under Workmen's Compensation statute, the CONTRACTOR shall provide, and
shall cause each subcontractor to provide, adequate and suitable insurance for the protection of his employees not otherwise
protected.
21.5 The CONTRACTOR shall secure "All Risk" type Builder's Risk Insurance for all WORK to be performed. Unless
specifically authorized by the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE totaled
in the BID. The policy shall cover not less than the losses due to fire, explosion, flood, hail, lightning, vandalism, malicious
mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is accepted by the
OWNER. The policy shall name as the insured the CONTRACTOR and the OWNER.
22. CONTRACT SECURITY
22.1 The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE TO PROCEED furnish the
OWNER with a Performance Bond and a Payment Bond in penal sums equal to the amount of the CONTRACT PRICE,
conditioned upon the performance by the CONTRACTOR of all undertakings, covenants, terms, conditions and agreements
of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all persons supplying labor
and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be
executed by the CONTRACTOR and a corporate bonding company licensed to transact such business in the state in which
the WORK is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as
published in the Treasury Department Circular Number 570. The expense of these BONDS shall be bome by the
CONTRACTOR. If at any time a surety on any such BOND is declared a bankrupt or loses its right to do business in the
state in which the WORK is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds,
CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or
BONDS) in such form and sum and signed by such other surety or sureties as may be satisfactory to the OWNER. The
premiums on such BOND shall be paid by the CONTRACTOR. No fiuther payment shall be deemed due nor shall be made
until the new surety or sureties shall have furnished an acceptable BOND to the OWNER.
23. ASSIGNMENTS
23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign or otherwise dispose of the Contract or any
portion thereof, or of his right, title or interest therein, or his obligations thereunder, without written consent of the other
party.
24. INDEMNIFICATION
24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGINEER and their agents and
employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from
the performance of the WORK, provided that any such claims, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom; and
is caused in whole or in part by any negligent or willful act or omission of the CONTRACTOR, and SUBCONTRACTOR,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.
24.2 In any and all claims again the OWNER or the ENGINEER, or any of their agents or employees, by any employee
of the CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for
whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR
under Workmen's Compensation acts, disability benefit acts or other employee benefits acts.
24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER, his
agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders,
designs or specifications.
25. SEPARATE CONTRACTS
25.1 The OWNER reserves the right to let other contracts in connection with this PROJECT. The CONTRACTOR shall
afford other CONTRACTORS reasonable opportunity for the introduction and storage of their materials and the execution of
their WORK, and shall properly connect and coordinate his WORK within theirs. If the proper execution or results of any
part of the CONTRACTOR'S WORK depends upon. the WORK of any other CONTRACTOR, the CONTRACTOR shall
inspect and promptly report to the ENGINEER any defects in such WORK that render it unsuitable for such proper execution
and results.
25.2 The OWNER may perform additional WORK related to the PROJECT by himself, or he may let other contracts
containing provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such
Contracts (or the OWNER if he is performing the additional WORK himself) reasonable opportunity for the introduction and
storage of materials and equipment and the execution of WORK, and shall properly connect and coordinate his WORK with
theirs.
25.3 If the performance of additional WORK by other CONTRACTORS or the OWNER is not noted in the CONTRACT
DOCUMENTS prior to the execution of the CONTRACT, written notice thereof shall be given to the CONTRACTOR prior
to starting any such additional WORK. If the CONTRACTOR believes that the performance of such additional WORK by
the OWNER or others involves him in additional expense or entitles him to an extension of the CONTRACT TIME, he may
make a claim thereof as provided in Sections 14 and 15.
26. SUBCONTRACTING
26.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTS on those parts of the WORK which,
under normal contracting practices, are performed by specialty SUBCONTRACTORS.
26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(S) in excess of fifty (50%) percent of the
CONTRACT PRICE, without prior written approval of the OWNER.
26.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions of his
SUBCONTRACTORS, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of
persons directly employed by him.
26.4 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the WORK to
bind SUBCONTRACTORS to the CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as applicable to
the WORK of SUBCONTRACTORS and give the CONTRACTOR the same power as regards terminating any subcontract
that the OWNER may exercise over the CONTRACTOR under any provision of the CONTRACT DOCUMENTS.
26.5 Nothing contained in this CONTRACT shall create any contractual relation between any SUBCONTRACTOR and
the OWNER.
27. ENGINEER!S AUTHORITY
27.1 The ENGINEER shall act as the OWNER'S representative during the construction period. He shall decide questions
which may arise as to quality and acceptability of materials furnished and WORK performed. He shall interpret the intent of
the CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER will make visits to the site and determine
if the WORK is proceeding in accordance with the CONTRACT DOCUMENTS.
27.2 The CONTRACTOR will be held strictly to the intent of the CONTRACT DOCUMENTS in regard to the quality of
materials, workmanship and execution of the WORK. Inspections may be made at the factory or fabrication plant of the
source of material supply.
27.3 The ENGINEER will not be responsible for the construction means, controls, techniques, sequences, procedures, or
construction safety.
27A The ENGINEER shall promptly make decisions relative to interpretation of the CONTRACT DOCUMENTS
28. LAND AND RIGHTS-OF-WAY
28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land and rights-of-way necessary for
carrying o ut a nd for t he c ompletion o f t he W ORK t o b e p erfomied p ursuant t o t he C ONTRACT D OCUMENTS, unless
otherwise mutually agreed.
28.2 The OWNER shall provide to the CONTRACTOR information which delineates and describes the lands owned and
rights-of-way acquired.
28.3 The CONTRACTOR shall provide at his own expense and without liability to the OWNER any additional land and
access thereto that the CONTRACTOR may desire for temporary construction facilities, or for storage of materials.
29. GUARANTY
29.1 The CONTRACTOR shall guarantee all materials and equipment famished and WORK performed for a period of
one (1) year from the date of SUBSTANTIAL COMPLETION. The CONTRACTOR warrants and guarantees for a period
of one (1) year from the date of SUBSTANTIAL COMPLETION of the system that the completed system is free from all
defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be
necessary by reason of such defects including the repairs of the damage of other parts of the system resulting from such
defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the
CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be made necessary by such defects,
the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The Performance BOND shall remain in
full force and effect through the guarantee period.
30. TAXES
30.1 The CONTRACTOR w ill pay all s ales, consumer, u se and other similar taxes required by t he laws of the place
where the WORK is performed.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: THAT
(Name of Contractor)
(Address of Contractor)
a , hereinafter called PRINCIPAL, and
(Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called SURETY, are held and firmly bound unto
(Name of Owner)
(Address of Owner)
hereinafter called OWNER, in the total aggregate penal sum of
Dollars ($ )
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executor, administrators, successors, and assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain contract with the
OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof
for the construction of:
NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants,
terms, conditions, and agreements, of said contract during the original term thereof, and any extensions thereof, during the
one year guaranty period and if he shall fully indemnify and save harmless the OWNER from all costs and damages which it
may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the
OWNER may incur in making g ood any default then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said SURETY, for the value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or WORK to be performed thereunder or the
SPECIFICATIONS accompanying same shall in any wise affect its obligation on this BOND, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of any
beneficiary hereunder, whose claims may be unsatisfied.
IN WITNESS WHEREOF, that instrument is executed in (Number) counterparts, each one of which shall be
deemed an original, this the day of ) 20
ATTEST: PRINCIPAL
(Principal) Secretary By:
(SEAL)
(Witness as to Principal)
Address
ATTEST:
(Surety) Secretary
(SEAL)
(Witness as to Surety)
(Address)
PRESIDENT
Address
SURETY
By:
Address
Address
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should
execute Bond.
IMPORTANT: Surety Companies executing Bonds must appear on the Treasury Department's most current list
(Circular 570 as amended) and be authorized to transact business in the state where the Project is located).
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: THAT
(Name of Contractor)
(Address of Contractor)
a hereinafter called PRINCIPAL, and
(Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called SURETY, are held and firmly bound unto
(Name of Owner)
(Address of Owner)
hereinafter called OWNER, in the total aggregate penal sum of
Dollars ($ )
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered in a certain contract with the
OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part
hereof for the construction of:
NOW, THEREFORE, if the PRINCIPAL shall promptly make payment to all persons, firms, subcontractors, and
corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and
any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal, and
coke, repairs on machinery, equipment, and tools, consumed or used in connection with the construction of such work, and
all insurance premiums on said work and all labor performed in such work whether by subcontractor or otherwise, then this
obligation shall be void; otherwise to remain in full force and
PROVIDED, FURTHER, that the said SURETY, for the value received hereby stipulates and agrees that no change,
extensions of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the
SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATION.
PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of any
beneficiary hereunder, whose claims may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in (Number) counterparts, each one of which shall be
deemed an original, this the day of , 20
4
ATTEST:
PRINCIPAL
(Principal) Secretary
(SEAL)
(Witness as to Principal)
Address
ATTEST:
(Surety) Secretary
(SEAL)
(Witness as to Surety)
(Address)
By:
PRESIDENT
Address
SURETY
By:
Address
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute Bond.
IMPORTANT: Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular
570 as amended) and be authorized to transact business in the state where the Project is located.
NOTICE OF AWARD
TO:
Project Description: Town of Sawmills Street Resurfacing
The OWNER has considered the BID submitted by you for the above described WORK in
response to its Advertisement for Bids dated June 24, 2004 and Information for Bidders.
You are hereby notified that your bid has been accepted for items in the amount of $
You are required by the Information for Bidders to execute the Agreement and furnish the
required CONTRACTOR'S Performance Bond, Payment Bond and Certificates of Insurance within ten
(10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date
of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S
acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled
to such other rights as may be granted by law.
Dated this day of , 2004.
TOWN OF SAWMILLS
By:
NOTICE TO PROCEED
TO:
You are hereby notified to commence WORK in accordance with the Agreement dated
, 20 , on or before
and you are to complete the WORK within
The date of completion of all WORK is therefore
DATE:
PROJECT: Town of Sawmills Street Resurfacing
20
consecutive calendar days thereafter.
Owner
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby
acknowledged by
this the .20
By:
Title:
By: _
Title:
APPLICATION FOR PAYMENT
PROJECT:
ENGINEER:
CONTRACTOR:
West Consultants, PLLC
405 S. Sterling Street
Morganton, NC 28655
App#
Date:
% Completed:
% This App.:
SUMMARY Total Work Completed to Date:
Total Materials Stored on Site:
Total Earned this Application
Less Retainage -10%
Subtotal
Less Previous Payments Due:
Current Payment Due:
SIGNATURES: CONTRACTOR
(Name)
BY
(Title) (Date)
NOTARY: Subscribed and Sworn Before Me:
Date:
Notary Public:
My Commission Expires:
VERIFICATION
AND APPROVAL: In accordance with the Contract and this Application for Payment, the
Contractor has completed the work stated above and is entitled for the full payment in the amount shown.
This application is hereby approved for payment.
WEST CONSULTANTS, PLLC
Date:
CONTRACT CHANGE ORDER Order No.
Contract For:
Owner:
To:
(Contractor)
You are hereby requested to comply with the following changes from the contract plans and specifications:
Justification:
The amount of the Contract will be (Decreased) (Increased) by the sum of Dollars ($xxxxxxxo
The Contract Total Including this and Previous Change Orders Will Be: Dollars ($xxxxxx.xx)
The Contract Period Provided for Completion Will be (Increased) (Decreased) (Unchanged) Days.
This document will become a supplement to the contract and all provisions will apply hereto.
Requested:
Recommended:
Accepted:
(Owner)
(Engineer)
(Contractor)
(Date)
(Date)
(Date)
01560
SECTION 01560 SPECIAL CONTROLS
01560.1 Preservation of Natural Features
Confine all operations to within the work limits of the project. Exercise special care to maintain natural
surroundings undamaged.
01560.2 Housekeeping
A. Keep project neat, orderly, and in a safe condition at all times. Immediately remove all hazardous rubbish.
Do not allow rubbish to accumulate. Provide on-site containers for collection of rubbish or dispose of it at frequent
intervals during progress off work.
B. Wet down dry materials and rubbish to prevent blowing dust.
C. Keep volatile wastes in covered containers.
01560.3 Disposal of Rubbish
Dispose of waste materials, legally, at public or private dumping areas.
01560.4 Air and Water Pollution Control
A. Take all necessary reasonable measures to reduce air and water pollution by any material or
equipment used during construction.
B. Do not dispose of volatile wastes or oils in storm or sanitary drains, nor allow such materials to reach
streams.
C. Do not allow waste materials to be washed into the bed of a stream.
D. When excavations are made, immediately utilize resultant loose earth by filling and compacting in place, or
dispose of it off the site.
E. Sod or seed slopes as specified as soon as possible to prevent erosion and deposit of earth into any storm
sewer, drainage ditch, or stream. If it is impossible to prevent erosion, the Engineer may require construction of
sedimentation basins to prevent water pollution. The facility shall be constructed in accordance with the North
Carolina Sedimentation Pollution Control Act.
01560.5 Clearine ODerations
On pipelines the permanent right-of-way shall be cleared prior to the delivery of the pipe materials in the area. No
clearing shall be done on the temporary right-of-way unless necessary for the execution of the work and only by
permission of the Engineer.
The Contractor shall take such precautions as necessary to protect livestock and shall maintain such barriers as are
required for this protection. The Contractor shall be solely liable for the death of any livestock due to his
construction operations.
Where the pipeline traverse is in bushy or wooded areas, the brush and trees shall be cut off flush with the ground.
Debris shall not be burned unless written permission or a burning permit is issued.
If burning is not permitted, all brush and trees shall be removed from the area and disposed of by the Contractor in
an approved manner. Trees and brush other than Wild Cherry may be mulched with an approved mulching machine
and the residue distributed over the permanent right-of-way. Marketable timber or firewood which must be cut shall
be stacked at the edge of the right-of-way to be removed by the property owner. Firewood shall be cut in 5'0"
lengths unless otherwise noted.
01560
01560.6 Earthwork
All material excavated on the site shall be disposed of as directed by the plans and the Engineer. When it is
necessary to haul material over the streets or pavements, the Contractor shall provide suitable tight vehicles so as to
prevent deposits on the streets or pavements. In all cases where any materials are dropped from the vehicles, the
Contractor shall clean up the same as often as directed by the Engineer and keep all crosswalks, streets, and
pavements clean and free from dirt, mud, stone, and other hauled material. The Contractor shall bear all costs
related to the work described herein as this work is considered incidental to the work covered by the various contract
items.
01560.7 Construction Survevin
All work shall be constructed in accordance with the lies, grades and elevations shown on the plans or as given by
the Engineer in the field. The Contractor shall be fully responsible for maintaining alignment and grade. Principle
controlling points and base lines for locating the principle components of the work together with a suitable number
of benchmarks adjacent to the work will be provided by the Engineer. From this information, the Contractor shall
verify benchmarks and develop and make all detail surveys needed for construction (which for sewer traverses any
include the re-staking of manhole points, stakes, grade marks, monuments and benchmarks at the site of the work
and shall re-establish, at his own expense, any marks which are removed or destroyed due to his construction
operations.
01560.8 Control of Erosion. Siltation, and Pollution
A. The Contractor shall take whatever measures are necessary to minimize soil erosion and siltation, water
pollution, and air pollution caused by his operations. The Contractor shall also comply with the applicable
regulations of all legally constituted authorities relating to pollution prevention and control. The Contractor shall
keep himself fully informed of all such regulations which in any way may affect the conduct of the work, and shall
at all rimes observe and comply with all such regulations. In the event of conflict between such regulations and the
requirements of the specifications, the more restrictive requirements shall apply.
The Engineer will limit the area over which clearing and grubbing, excavation, borrow, and embankment operations
are performed whenever the Contractor's operations do not make effective use of construction practices and
temporary measures which will minimize erosion, or whenever construction operations have not been coordinated to
effectively minimize erosion, or whenever permanent erosion control features are not being completed as soon as
permitted by construction operations. All erosion control measures shall be constructed in accordance with the
North Carolina Sedimentation Pollution Control Act. Exposed areas shall not remain unprotected for more than
seven days unless a sedimentation and erosion control play approved by the State of North Carolina is implemented.
The Contractor shall control dust throughout the life of the project within the project area and at
all other areas affected by the construction of the project, including, but not specifically limited to, unpaved
secondary roads, haul roads, access roads, disposal sites, borrow and material pits, and production sites. Dust
control shall not be considered effective where the amount of dust creates a potential or actual unsafe condition,
public nuisance, or condition endangering the value, utility, or appearance of any property.
The Contractor will not be directly compensated for any dust control measures necessary, as this work will be
considered incidental to the work covered by the various contract items.
01560.9 Right to Stop Work
The Engineer or his authorized representative has the authority to stop the Contractor from further work progress if,
during construction, the Engineer deems the work being performed is not in compliance with these Contract
Documents.
01560
01560.10 Utilitv Conflicts
Prior to the beginning of construction, the Contractor will notify all utility owners known to have facilities affected
by the construction of the project and will make arrangements for the necessary location of all affected public or
private utility facilities.
The Contractor shall use special care in working around and near all existing utilities that are encountered during
construction, protecting them where necessary so that they will give uninterrupted service.
The Contractor shall cooperate with the utility owner, and/or the owner's representative in the adjustment or
placement of utility facilities when such adjustment or placement is made necessary by the construction of the
project or has been authorized by the Owner.
In the event that utility services are interrupted by the Contractor, the Contractor shall promptly notify the owners
and shall cooperate with the owners and/or owner's representative in the restoration of service in the shortest time
possible.
Existing fire hydrants shall be kept accessible to fire departments at all times
Prior to submitting his bid, the Contractor shall make his own determination as to the nature and extent of the utility
facilities including proposed adjustments, new facilities, or temporary work to be performed by the utility owner or
his representative; and as to whether or not any utility work is planned by the owner in conjunction with the project
construction. The Contractor shall consider in his bid all of the permanent and temporary utility facilities in their
present or relocated positions, whether or not specifically shown on the plans or covered in the project special
provisions. It will be the Contractors responsibility to anticipate any additional costs to him resulting from such
utility work and to reflect these costs in his bid for the various items in the Contract.
No additional compensation will be allowed for delays, inconvenience or damage sustained by the Contractor due to
any interference from said utility facilities or operation of moving them and any such delay, inconvenience, or
damage shall not constitute a change condition.
01560.11 Traffic Maintenance
The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient warning lights,
danger signals, and signs, shall provide a sufficient number of flagmen to direct traffic and shall take all necessary
precautions for the protection of the work and the safety of the public.
All barricades and obstructions or hazardous conditions shall be illuminated as necessary to provide for safe traffic
conditions.
Warning and caution signs shall be posted throughout the length of any portion of the project where traffic flow is
restricted.
Unless otherwise permitted by the Engineer, signs, markers, barricades and other traffic control devices shall be
temporarily removed or altered by the Contractor at night or at other rimes when construction operations are not
underway and the condition of the roadway being used by traffic does not present a hazard. Such traffic control
devices shall be replaced by the Contractor prior to the resumption of the construction operations.
Advisory speed limit signs used by the Contractor shall be posted only when and where reduced speeds are
warranted, and such reduced speeds shall be the maximum speeds which are reasonable under the prevailing
conditions.
01560
The Contractor shall provide continuous, safe access to all properties, both public and private, along the project in
all cases, and shall conduct his operations in such a manner that inconvenience to the property owners will be held to
a minimum.
All barricades, signs, lights, and cones for traffic control shall be constructed and utilized in accordance with the
North Carolina Construction and Maintenance Operations Supplement to the manual on Uniform Traffic Control
Devices for Streets and Highways.
01560.12 Existine Facilities
The Contractor shall maintain in operating condition and protect from damage all existing facilities including
utilities, roads, streets, sidewalks, drives, power and telephone lines, gas lines, waterlines, sewers, gutters, and other
drains encountered, and repair to the satisfaction of the Engineer any aerial, surface or subsurface facilities damaged
during the course of the work. He shall also make reasonable and satisfactory provisions for the maintenance of
traffic on streets, drives, walkways and at street crossings and, if necessary, provide temporary walkways and
bridges for crossing of open trenches as directed.
To protect persons from injury and to avoid property damage, adequate barricades, construction signs, torches, red
lanterns, and guards as required shall be placed and maintained during the progress of the construction work and
until it is safe for traffic to use the highway. All material piles, equipment and pipe that may serve as obstructions to
traffic to shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor.
The Engineer shall require that a temporary asphalt patch be placed when it is necessary in his opinion to provide a
suitable roadway for traffic and permanent patching has not been performed. No pavement cuts will be left without
asphalt, either temporary or permanent, for more than 10 calendar days.
Temporary support, adequate protection, and maintenance of all underground and surface structures and other
obstructions encountered in the progress of the work shall be furnished by the Contractor at his expense and under
the direction of the Engineer. Any structures that have been disturbed shall be restored upon completion of the
work.
Trees, shrubbery, fences, poles, and all other property and surface structures shall be protected unless their removal
is shown on the drawings or authorized by the Engineer. When it is necessary to cut roots and tree branches, such
cutting shall be done under the supervision and direction of the Engineer.
The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location
of underground structures, may be determined and he shall be held responsible for the repair of such structures when
broken or otherwise damaged because of carelessness on his part. Whenever, in the opinion of the Engineer, it is
necessary to explore and excavate to determine the location of existing underground structures, the Contractor shall
make explorations and excavations for such purposes. Field conditions may be encountered which necessitate
changes in design. The specific conditions will be reviewed in the field by the Engineer to determine if changes in
design are required.
It is the sole responsibility of the Contractor to verify the accuracy and completeness of the information shown and
the Contractor agrees that he shall neither have nor assert against the Owner or Engineer any claim for damages, for
extra work or for the relief from any obligation of the Contract by reason of the inaccuracy, inadequacy,
incompleteness or other deficiency of the information given.
01560.13 Location of Sewers in Relation to Water Mains
Adequate provision shall be made for protection potable water supplies from possible leakage from sewers located
near water lines. To accomplish this purpose, the following design features are required where feasible. Conditions
may be encountered necessitating other special design. Such design may be approved upon submission of a
description of the specific problems and of acceptable evidence that the proposed construction will provide adequate
protection.
01560
Horizontal Separation: Whenever possible, sewers should be laid at least ten feet horizontally from any existing or
proposed water main.
Should local conditions prevent a lateral separation of ten feet, a sewer may be installed nearer to a water main if.
a. It is laid in a separate trench, with the outside diameter of the sewer at least 18 inches below the outside
diameter of the water main, or if
b. It is laid in the same trench as. the sewer with the water main located at one side on a bench of undisturbed
earth, and with the elevation of the bottom of the water main at least 18-inches above the top of the sewer.
Sewer Crossing Under Water Main: Whenever it is necessary for a sewer to cross under a water main, the sewer
shall be laid at such an elevation that the outside diameter of the sewer is at least 18 inches below the osutside
diameter of the water main. If the local conditions prevent an 18 inch vertical separation, then the water main shall
be relocated to provide this separation.
Sewer Crossing Over Water Main: Whenever it is necessary for a sewer to cross over a water main, or whenever
the above requirements for horizontal and vertical separation cannot be met, both the water main and sewer shall be
constructed of ductile iron pipe with mechanical type joints.
01560.14 Building Permits
Any building permits required by the county or the city having authority shall be secured by the Contractor. The
payment for these permits will be made by the Owner.
02822
SECTION 02822 LANDSCAPING
02822.1 Scone
This section covers the fiunishing of all labor, equipment and the materials necessary for the landscaping of all areas
of the site disturbed by construction operations and all earth surfaces of embankments including rough and fine
grading, topsoil if required, fertilizer, lime, seeding and mulching. The Contractor shall adapt his operations for
variations in weather or soil conditions as necessary for the successful establishment and growth of the grasses and
legumes.
02822.2 Gradine
Rough grading shall be done as soon as all excavation required in the area has been backfilled. The necessary
earthwork shall be accomplished to bring the existing ground to the desired finish elevations as shown on the
Contract Drawings or otherwise directed.
Fine grading shall consist of shaping the final contours for drainage and removing all rock greater than 2" in any
dimension, clumps of earth, roots greater than 1" in diameter, and waste construction material. It shall also include
thorough loosening of the soil to a depth of 6-inches by plowing, discing, harrowing, or other approved methods
until the area is acceptable as suitable for subsequent landscaping operations. The work of landscaping shall be
performed on a section by section basis immediately upon completion of earthwork.
Upon failure or neglect on the part of the Contractor to coordinate his grading with seeding and mulching operations
and diligently pursue the control of erosion and siltation, the Engineer may suspend the Contractor's grading
operations until such time as the work is coordinated in a manner acceptable to the Engineer.
02822.3 Materials
A. Fertilizer
The quality of fertilizer and all operations in connection with the furnishing of this materials shall comply with the
requirements of the North Carolina.pa.
Fertilizer Law and regulations adopted by the North Carolina Board of Agriculture.
Fertilizer shall be 10-10-10 grade. Upon written approval of the Engineer, a different grade of fertilizer may be
used, provided the rate of application is adjusted to provide the same amounts of plant food.
During handling and storing, the fertilizer shall be cared for in such a manner that will be protected against
hardening, caking, loss of plant food values.
Any hardened or caked fertilizer shall be pulverized to its original conditions before being used.
B. Lime
The quality of lime and all operations in connection with the furnishing of this material shall comply with the
requirements of the North Carolina Lime Law and regulations adopted by the North Carolina Board of Agriculture.
During the handling and storing, the lime shall be cared for in such a manner that it will be protected against
hardening and caking. Any hardened or caked lime shall be pulverized to its original condition before being used.
Lime shall be agriculture grade ground dolomitic limestone. It shall contain not less than 85% of the calcium and
magnesium carbonates and shall be of such fineness that at least 90% will pass a No. 10 sieve and at least 50% will
pass a No. 100 sieve.
C. Seed
The quality of seed and all operations in connection with the Tarnishing of this material shall comply with the
requirements of the North Carolina Seed Law and regulations adopted by the North Carolina Board of Agriculture.
02822
Seed shall have been approved by the North Carolina Department of Agriculture or any agency approved by the
Engineer before being sown, and no seed will be accepted with a date of test more than 9 months prior to the date of
sowing. Such testing, however, will not relieve the Contractor from responsibility for furnishing and sowing seed
that meets these specifications at the time of sowing. When a low percentage of germination causes the quality of
the seed to fall below the minimum pure live seed specified, the Contractor may elect, subject to the approval of the
Engineer, to increase the rate of seeding sufficiently to obtain the minimum pure live seed contents specified,
provided that such an increase in seeding does not cause the quantity of noxious weed seed per square yard to
exceed the quantity that would be allowable at the regular rate of seed.
During handling and storing, the seed shall be cared for in such a manner that it will be protected from damage by
heat, moisture, rodents or other causes.
Seed shall be entirely free from bublets or seed of Johnson Grass, Nutgrass, Sandbur, Wild Onion, Wild Garlic, and
Bermuda Grass. The specifications for restricted noxious weed seed refers to the number per pound, singly or
collectively, of Blessed Thistle, Wild Radish, Canada Thistle, Comcockle, Field Bindweed, Quackgrass, Dodders,
Dock, Horsenettle, Bracted Plantain, Buckthorn or Wild Mustard; but in no case shall the number of Blessed Thistle
or Wild Radish exceed 27 seeds of each per pound. No tolerance on weed seed will be allowed.
D. Mulch
Straw Mulch shall be threshed straw oats, rye or wheat free from matured seed of obnoxious weeds or other species
which would grow and be detrimental to the specified grass.
02822.4 Seedbed Preparation
The Contractor shall cut and satisfactorily dispose of weeds or other unacceptable growth on the areas to be seeded.
Uneven and rough areas outside the graded section, such as crop rows, farm contours, ditches and ditch spoil banks,
fence line and hedge row soil accumulations, and other minor irregularities which cannot be obliterated by normal
seedbed preparation operations, shall be shaped and smoothed as directed by the Engineer to provide for more
effective seeding and for ease of subsequent mowing operations.
The soil shall then be scarified or otherwise loosened to a depth of not less than 6-inches except as otherwise
provided below or otherwise directed by the Engineer. Clods shall be broken and the top 2 to 3-inches of soil shall
be worked into an acceptable seedbed by the use of soil pulverizers, drags, or harrows; or by other methods
approved by the Engineer.
On 2:1 slopes a seedbed preparation will be required that is the same depth as that required on flatter areas, although
the degree of smoothness may be reduced from that required on the flatter areas if so permitted by the Engineer.
On cut slopes that are steeper than 2:1, both the depth of preparation and the degree of smoothness of the seedbed
may be reduced as permitted by the Engineer, but in all cases the slope surface shall be scarified grooved, trenched,
or punctured so as to provide pockets, ridges, or trenches in which the seeding materials can lodge.
On cut slopes that are either 2:1 or steeper, the Engineer may permit the preparation of a partial or complete seedbed
during the grading of the slope. If at the time of seeding and mulching operations such preparation is still in a
condition acceptable to the Engineer, additional seedbed preparation may be reduced or eliminated.
The preparation of seedbeds shall not be done when the soil is frozen, extremely wet, or when the Engineer
determines that it is in an otherwise unfavorable working condition.
02822
02822.5 Application
Seed shall be applied by means of a hydro-seeder or by other approved methods. The rates of application of seed,
fertilizer and limestone shall be as stated on the Contract Drawings.
Equipment to be used for the application, covering or compaction of limestone, fertilizer, and seed shall have been
approved by the Engineer before being used on the project. Approval may be revoked at any time if equipment is
not maintained in satisfactory working condition, or if the equipment operation damages the seed.
Limestone, fertilizer, and seed shall be applied within 24 hours after completion of seedbed preparation unless
otherwise permitted by the Engineer, but no limestone or fertilizer shall be distributed and no seed shall be sown
when the Engineer determines that weather and soil conditions are unfavorable for such operations.
Limestone may be applied as a part of the seedbed preparation, provided it is immediately worked into the soil. If
not so applied, limestone and fertilizer shall be distributed uniformly over the prepared seedbed at the specified rate
of application and then harrowed, raked, or otherwise thoroughly worked into the seedbed.
Seeds shall be distributed uniformly over the seedbed at the required rate of application, and immediately harrowed,
dragged, raked or otherwise worked so as to cover the seed with a layer of soil. The depth of covering shall be as
directed by the Engineer. If two kinds of seed are to be used which require different depths of covering, they shall
be sown separately.
When a combination seed and fertilizer drill is used, fertilizer may be drilled in with the seed after limestone has
been applied and worked into the soil. If two kinds of seed are being used which require different depths of
covering, the seed requiring the lighter covering may be sown broadcast or with a special attachment to the drill, or
drilled lightly following the initial drilling operation.
When the hydraulic seeder is used for application of seed and fertilizer the seed shall not remain in water containing
fertilizer for more than 30 minutes prior to application unless otherwise permitted by the Engineer.
Immediately after seed has been properly covered, the seedbed shall be compacted in the manner and degree
approved by the Engineer.
When adverse seeding conditions are encountered due to steepness of slope, height of slope, or soil conditions, the
Engineer may direct or permit that modifications be made in the above requirements which pertain to incorporating
limestone into the seedbed; covering limestone, seed, and fertilizer; and compaction of the seedbed.
02822.6 Mulchine
All seeded areas shall be mulched unless otherwise indicated in the special provisions or directed by the Engineer.
It shall be spread uniformly at a rate of two tons per acre in a continuous blanket over the areas specified.
Before mulch is applied on cut or fill slopes which are 3:1 or flatter, and ditch slopes, the Contractor shall remove
and dispose of all exposed stones in excess of 3-inches in diameter and all roots or other debris which will prevent
proper contact of the mulch with the soil.
Mulch shall be applied within 24 hours after the completion of seeding unless otherwise permitted by the Engineer.
Care shall be exercised to prevent displacement of soil or seed or other damage to the seeded area during the
mulching operation.
Mulch shall be uniformly spread by hand or by approved mechanical spreaders or blowers which will provide an
acceptable application. An acceptable application will be that which will allow some sunlight to penetrate and air to
circulate but also partially shade the ground, reduce erosion, and conserve soil moisture.
02822
Mulch shall be held in place by applying a sufficient amount of asphalt or other approved binding material to assure
that the mulch is properly held in place. The rate and method of application of binding material shall meet the
approval of the Engineer. Where the binding material is not applied directly with the mulch it shall be applied
immediately following the mulch application.
The Contractor shall take sufficient precautions to prevent mulch from entering drainage structures through
displacement by wind, water, or other causes and shall promptly remove any blockage to drainage facilities which
may occur.
02822.7 Maintenance
The Contractor shall keep all seeded areas in good condition, reseeding if and when necessary, until a good lawn is
established over the entire area seeded and shall maintain these areas in an approved condition until final acceptance
of the Contract.
Grassed areas will be accepted when a 95 percent cover by permanent grasses is obtained and weeds are not
dominant. On slopes, the Contractor shall provide against washouts by an approved method. Any washouts which
occur shall be regraded and reseeded until a good sod is established.
Areas of damage or failure due to any cause shall be corrected by being repaired or by being completely redone as
may be directed by the Engineer. Areas of damage or failure resulting either from negligence on the part of the
Contractor in performing subsequent construction operations or from not taking adequate precautions to control
erosion and siltation as required throughout the various sections of the specifications, shall be repaired by the
Contractor as directed by the Engineer at no cost to the Owner.
02828
SECTION 02828 RESTORATION OF SURFACES
02828.1 Scone
This section covers the furnishing of all labor, equipment and materials necessary for the proper restoration of
existing surfaces disturbed or damaged as a result of construction operations.
02828.2 General
In general, the types of replacement included in this section are seeding along pipelines, concrete sidewalks,
driveways, roadways, ditches, lawns and landscaped areas, curb and gutter.
Any damage to existing structures shall be repaired using materials and workmanship equal to those of original
construction.
02828.3 Fertilizine, Seeding, and Mulchin
All disturbed ground surfaces along pipelines, haul roads, storage areas, borrow pits, etc., which are not classified as
lawns, landscaped areas, or pavement areas, shall be raked smooth and fertilized, mulched, and seeded in accordance
with the section entitled landscaping. Large rocks, clumps of earth and excessive spoil material shall be removed
from the area prior to seeding.
Shoulders of all roads shall be restored as specified for lawns and landscaped areas.
02828.4 Concrete Sidewalks
Concrete walks removed in connection with, or damaged as a result of, construction operations under the Contract
shall be replaced with new construction. Such walks shall be constructed of Class B concrete on a thoroughly
compacted subgrade, shall have a vertical thickness of not less than 4 inches or the thickness of the replaced wolk
where greater than 4 inches.
Walks shall be float finished, edged with an edging tool, and grooved at intermediate intervals not in excess of the
width of the walk, uniform throughout the length of the walk in any one direction.
02828.5 Roadway and Driveway Repair
When pipelines are installed within the ditch to ditch limits of any roadway, driveway, parking area, etc., backfill
shall be compacted to a minimum dry density of 95 percent of the maximum dry density in pounds per cubic foot as
determined by the Standard Proctor Compaction Test.
Backfill material shall be placed in 6" layers and thoroughly tamped or rolled to the required degree of compaction
by sheepsfoot or pneumatic rollers, mechanical tampers, vibrators, etc. Successive layers shall not be placed until
the layer under construction has been thoroughly compacted.
Unpaved roadways and driveways shall be surfaced with not
03150
SECTION 03150 SUBGRADE
03150.1 Scone
The work covered by this section consists of the preparation, shaping, and compaction of that portion of the roadbed
upon which base or pavement, including base and paving for shoulders, is to be placed.
03150.2 Construction Methods
The subgrade shall be shaped to the lines, grades, and typical sections shown on the plans.
All unsuitable material, boulders, and all vegetative matter shall be removed and replaced with suitable material.
Suitable material, when not available from the subgrade work, shall be taken from roadway excavation or borrow
pits.
Material excavated in preparing the subgrade shall be stored or stockpiled in such a manner as to not interfere with
proper drainage or any of the subsequent operations of placing base or pavement.
The subgrade shall be prepared, shaped, compacted and maintained in accordance with Section 03200.
03150.3 Tolerances
A tolerance of plus or minus '/2 inch from the established grade will be permitted after the subgrade has been graded
to a uniform surface.
03150.4 Protection of Subgrade
Ditches and drains shall be provided and maintained when required to satisfactorily drain the subgrade. Where
previously approved subgrade is damaged by natural causes, by hauling equipment or by other traffic, the Contractor
shall restore the subgrade to the required lines, grades, and typical sections and to the required density at no cost to
the Owner.
03200
SECTION 03200 EMBANKMENTS
03200.1 Scope
The work covered by this section consists of placing in embankments, backfills, and earth berms, suitable material
excavated in conformity with the lines, grades, and typical cross sections shown on the plans or established by the
Engineer. It shall include the preparation of the areas upon which the embankment is to be constructed; the
formation, compaction, stability, and maintenance of the embankment, and the placing and compaction of
embankment materials in holes, pits, and other depressions within the construction limits. Additional specifications
regarding compaction are also included on the Grading Plan which shall supercede these specifications where more
stringent.
03200.2 Materials
Only suitable materials shall be used in the construction of embankments and backfills. No frozen material, roots
sod, or other objectionable material shall be incorporated or placed in the embankments or backfills.
The top 6-inches of any embankment shall not contain any material larger than will pass a 3-inch sieve.
03200.3 Pre aration
A. Before embankment construction is begun, all vegetation and rubbish shall be removed
from the area within the limits of the embankment. This material shall be disposed of as directed by the Engineer.
Mowed sod may be plowed and left in place where the height of the embankment is to be constructed is greater than
6 (six) feet.
B. Except as otherwise specified, earth foundation surfaces shall be graded to remove surface irregularities
and shall be scarified parallel to the axis of the fill to otherwise acceptably scored and loosened material to a
minimum depth of 2 inches. The moisture content of the loosened material shall be controlled as specified for the
earth fill, and the surface materials of the foundation shall be compacted and bonded with the first layer of earth fill.
C. Where embankments are to be placed and compacted on hillsides, or when new embankment is to be
compacted against existing embankments, or when embankment is built in part widths, the slopes that are steeper
than 4:1 shall be loosened or plowed to a minimum depth of 6 inches, or if in the opinion of the Engineer, the nature
of the ground is such that greater precautions should be taken to bind the fill to the original ground then benches
shall be cut in the existing ground.
D. Test pits or other cavities shall be filled with compacted earth fill conforming to the specifications for the
earth fill to be placed upon the foundation.
03200.4 Formation
A. The material shall be deposited and spread in successive, uniform, approximately horizontal layers of not
more than 10 inches in depth, loose measurement, for the full width of the cross section, and shall be kept
approximately level by the use of effective spreading equipment. Each layer of the embankment shall be thoroughly
compacted as herein specified. Hauling shall be distributed over the full width of the embankment shall be properly
drained at all times.
B. Where embankments are to be constructed across ground which will not support the weight of trucks or
other hauling equipment, the first layer of the embankment may be constructed by dumping successive truck or
other equipment loads in a uniform distributed layer of a thickness not greater than that necessary to support the
trucks or hauling equipment while placing subsequent layers as above specified.
C. In valleys, ravines, and at the foot of slopes on side hills a limited amount of end or side dumping will be
allowed, when permitted by the Engineer, to form a satisfactory base in the formation of the embankment, after
which the layers shall be constructed parallel with the finished grade as hereinbefore specified.
03200
D. Where it is necessary for utilities to remain in their original location, and where such poles are within the
project construction limits, the Contractor shall conduct his earthwork operations in a manner which will not disturb
these facilities.
E. Fill shall not be placed upon a frozen surface, or shall snow, ice, or frozen material be incorporated in the
fill.
03200.5 Compaction
A. All embankment material shall be compacted as specified herein unless otherwise provided in the Contract
or directed by the Engineer. Compaction equipment used by the Contractor shall be adequate to produce the
required compaction and produce a uniformly constructed embankment with all layers uniformly bound to all
preceding layers.
B. The embankment material when tested shall have been compacted for its full width to a density equal to at
least 95% of that obtained by compacting a sample of the material in accordance with AASHO T99 as modified by
the NCDOT.
C. Embankment materials shall be compacted at a moisture content satisfactory to the Engineer, which shall
be approximately that required to produce the maximum density. The Contractor shall dry or add moisture to the
embankment material when required to produce a uniformly compacted and stable embankment.
D. Water may be applied by sprinkling the materials after placement on fill, if necessary. Uniform moisture
distribution shall be obtained by discing, blading, or other approved methods prior to compaction of the layer.
03200.6 Removal and Placement of Defective Fill
Fill placed at densities lower than the minimum acceptable density or at moisture contents outside the acceptable
range of moisture content or otherwise not conforming to the requirements of the specifications shall be reworked to
meet the requirements or removed and replaced by acceptable fill. The replacement fill and the foundation abutment
and fill surfaces upon which it is placed shall conform to all requirements of this specification for foundation
preparation, approval, placement, moisture control and compaction.
03200.7 Maintenance
A. The Contractor shall be responsible during construction and until final acceptance for the maintenance of
all embankments made under the Contract.
B. During construction and until final acceptance, the Contractor shall construct temporary or permanent earth
berms along the outer edges of the top surface of the embankment, construct temporary ditches, shape the
embankment surface to provide for the drainage or surface runoff along and throughout the length of the
embankments, and use any other methods necessary to maintain the work covered by this section so that the work
will not contribute to excessive soil erosion.
C. The Contractor shall construct brush dikes, or install temporary or permanent slope drains or other drainage
features to assist in controlling erosion.
D. The Contractor shall replace, at no cost to the Owner, any portion of embankments which have become
displaced or damaged.
E. All embankments shall be brought to the grade and cross section shown on the plans, or established by the
Engineer, prior to final inspection and acceptance by the Engineer.
04250
SECTION 04250 STORM DRAIN PIPE
04250.1 Scone
These specifications shall apply to the materials to be furnished and installed to complete the storm drainage
installations in accordance with the plans. All pipe and appurtenances shall be of the class and type as indicated on
the plans and designated herein.
04250.2 General
All materials shall be first quality with smooth interior and exterior surfaces, free from cracks, blisters, honeycombs,
and other imperfections, and true to theoretical shapes and forms throughout. All materials shall be subject to the
inspection of the Engineer at the plant, trench, or other point of delivery, for the purpose of culling and rejecting
material which does not conform to the requirements of these specifications. Such material shall be marked by the
Engineer, and the Contractor shall remove it from the project site upon notice being received of its rejection.
As specific specifications are cited, the designation shall be construed to refer to the latest revision under the same
specification number, or to superseding specifications under a new number, except provisions in revised
specifications which are clearly inapplicable.
All storm drain pipe shall be as specified on the plans.
04250.3 Pine
A. Reinforced Concrete Pine
All reinforced concrete pipe shall meet the requirements of ASTM C-76-Reinforced Concrete Culvert, Storm Drain
and Sewer Pipe. Reinforced concrete pipe shall be Class III, Wall B or higher. Joints for reinforced concrete pipe
storm drains shall be tongue and groove without O-rings. Joints shall be formed such that when the pipe is laid
together, they will form a continuous and uniform line.
B. Corrugated Metal Pipe
Corrugated metal pipe culverts shall be fabricated from corrugated sheets and shall conform to American
Association of State Highway Officials (AASHTO) designation M-36 for corrugated Metal Pipe Culvert Pipe.
Pipe may be circumferentially or helically corrugated and shall be fully asphalt coated inside and outside, with
paved invert if so noted on the plans.
Coupling bands shall be used at all joints and shall be of a size as specified by the pipe manufacturer in accordance
with the pipe size. Bands shall be fully asphalt coated on both sides and shall conform to AASHTO M-36.
The minimum thickness for corrugated metal pipe shall be 14 gauge.
C. High Density Polyethylene Pipe (HDPE)
All HDPE pipe shall conform to the following standards as applicable: AASHTO M252 Type S and M 294 Type S,
ASTM D1248 and D3350. Installation shall be in accordance with NCDOT standards and shall have No. 57 stone
bedding up to the center of the pipe. The soil cover over the pipe shall not be less than one foot, and as
recommended by the pipe manufacturer. All HDPE.pipe shall have a corrugated exterior and a smooth interior.
Coupling bands shall cover at least one full corrugation on each section of pipe All coupling bands shall meet or
exceed the soil-tightness requirement of the AASHTO standard specification for Highway Bridges, Section 23,
Paragraph 23.3.1.5.4(e).
HDPE pipe may not be used for sizes greater than 24-inch diameter
04250
04250.4 Flared End Sections
Flared end sections, if indicated on plan, shall be constructed of galvanized steel and shall conform to the
requirements, as applicable, of AASHTO M-36. Connection to pipe end shall be with a coupling and rivets or bolts.
Steel shall be 12 gauge minimum. No asphalt coating is required.
05100
SECTION 05 100 AGGREGATE BASE COURSE
05100.1 Scope
The work covered by this section consists of the construction of a base composed of an approved aggregate material
hauled to the road, placed on the road, compacted, and shaped to conform to the lines, grades, depths, and typical
sections shown on the plans or established by the Engineer.
05100.2 Materials
A. Aggregate base course materials: shall consist of crushed stone or uncrushed gravel, or other similar
material having hard, strong, durable particles free of adherent coatings.
The Contractor shall furnish aggregate base course material produced in accordance with the requirements indicated
herein.
All aggregates shall be from approved sources. Sources will not be approved unless the material has satisfactory
soundness and satisfactory resistance to abrasion.
B. Aggregates shall be handled in such a manner as to minimize segregation.
Sites for aggregate stockpiles shall be grubbed and cleaned prior to storing aggregates, and the ground surface shall
be firm, smooth, and well drained. A cover of at least three (3) inches of aggregate shall be maintained over the
ground surface in order to avoid the inclusion of soil or foreign material. Stockpiles shall be built in such a manner
as to minimize segregation. When it is necessary to operate trucks or other equipment on a stockpile in the process
of building the stockpile, it shall be done in a manner approved by the Engineer.
Stockpiles of different types or sizes of aggregates shall be spaced far enough apart, or else separated by suitable
walls or partitions, to prevent the mixing of the aggregates.
Any method of stockpiling aggregates which allows the stockpile to become contaminated with foreign matter or
causes excessive degradation of the aggregate will not be permitted. Excessive degradation will be determined by
sieve tests of samples taken from any portion of the stockpile over which equipment has been operated, and failure
of such samples to meet all grading requirements for the aggregate will be considered cause for discontinuance of
such stockpiling procedure.
C. Gradation. All standard sizes of aggregates shall meet the gradation requirements when tested in
accordance with AASHO T27.
05100.3 Hauling and Placing Aggregate Base Materials
The aggregate material shall be spread on the subgrade with a mechanical spreader capable of placing the material to
a uniform loose depth and without segregation.
Where the required compacted thickness of base is 8 inches or less the base material may be spread and compacted
in one layer. Where the required compacted thickness of base is more than 8 inches, the base material shall be
spread and compacted in 2 or more approximately equal layers.. The minimum compacted thickness of any one
layer shall be approximately 4 inches.
Each layer of material shall have been sampled, tested, compacted and approved prior to placing succeeding layers
of base material or pavement.
No base material shall be placed on frozen subgrade or base. Hauling equipment shall not be operated on subgrade
or a previously completed layer of base material soft enough to rut or weave beneath the equipment.
The maximum speed of trucks hauling or traveling over any part of the subgrade or base be 5 miles per hour
05100
The Contractor shall utilize methods of handling, hauling, and placing which will minimize segregation and
contamination. If segregation occurs, the Engineer may require that changes be made in the Contractor's methods to
minimize segregation, and may also require mixing on the road which may be necessary to correct any segregated
material. No additional compensation will be allowed for the work of road mixing as may be required under this
provision. Aggregate which is contaminated with foreign materials to the extent the base course will not adequately
serve its intended use shall be removed and replaced by the Contractor at no additional cost to the Owner. The
above requirements will be applicable regardless of the type of aggregate placed and regardless of prior acceptance.
05100.4 Tolerances
After final shaping and compacting the base, the Engineer will check the surface of the base for conformance to
grade and typical section and will determine the base thickness.
The thickness of the base shall be within a tolerance of plus or minus %2 inch of the base thickness required by the
plans.
05100.5 Maintanance
Where the base material is placed in a trench section, the Contractor shall provide adequate drainage through the
shoulders to protect the subgrade and base until such time as shoulders are completed.
The Contractor shall maintain the surface of the base by watering, machining, and rolling or dragging when
necessary to prevent damage to the base by weather or traffic.
Where the base or subgrade is damaged, the Contractor shall repair the damaged areao reshape the base to the
required lines, grade, and typical sectionso and recompact the base to the required density at no cost to the Owner.
05100.6 Measurement
The quantity of aggregate base course used for stabilization of unpaved driveways or roadways, used as a base for
concrete or pavement repair, or used in the construction of pump station access roads will be measured by the actual
number of tons of aggregate base course incorporated into the work and accepted.
05100.7 Payment
Aggregate base course will be paid for at the contract unit price per ton, based on certified weight tickets
05400
SECTION 05400 BITUMINOUS CONCRETE SURFACE COURSE TYPES I-1 I-2
05400.1 Scone
The work covered by this section consists of the construction of a bituminous plant mixture of coarse and fine
aggregates, asphalt cement, and mineral filler when required, properly laid upon a prepared surface, in accordance
with these specifications and in conformity with the lines, grades, thickness, and typical sections shown on the plans.
05400.2 Composition of Mixture
A.General Requirements:
A combination of graded coarse and fine aggregates will be required which will produce an acceptable mix. The use
of crusher run material will not be permitted. The coarse that other standard sizes may be used when approved by
the Engineer.
At least 'h of the fraction passing the No. 200 sieve shall be mineral filler or stone screenings.
The total natural sand or sands in the mixture will be tested in accordance with ASSHO T11 to determine the
amount of material which can be washed through the No. 200 sieve. The total amount of such washed material shall
not exceed 8 percent by weight of the total natural sand in the mixture. The above test will be performed prior to
establishing the design mix and, when required by the job mix formula, prior to the entry of the sand into the drier.
B.Job Mix Formula:
A job mix formula will be established by the Engineer for the particular materials the Contractor proposes to use.
The job mix formula will be established within the design limits listed in the table below:
TABLE DESIGN LIMITS
Total Percent Passing
Sieve Designation Type I-1 Type 1-2
''/Z' 100 100
3/8" ----- 90-100
No. 4 55-80 70-95
No. 10 40-60 55-75
No. 40 15-35 15-45
No. 80 6-20 7-22
No. 200 3-9 3-9
Asphalt Cement Content Range 4.5%-7.5% 4.5%-8.5%
Temperature Range 250 deg. F. 250 deg. F.
300 deg. F. 300 deg. F.
In addition to the requirements of the Table, the amount of material between any adjacent sieves, except between the
'/?-inch and the 3/8-inch sieves in the case of Type I-2 mixtures, shall not be less than 4 percent
The completed mix shall conform to the job mix formula within the tolerances shown in the Table below:
05400
TABLE
TOLERANCES FOR JOB MIX FORMULA
Tolerance for Percent
Sieve Designation
Passing
'/2' +0
3/8" +5
No. 4 +7
No. 10 +5
No. 40 +5
No. 80 +5
No. 200 +2
When a mix has been tested and has been found to be outside of the design limits, the Engineer may require the
removal from the road of any of this mix which has been placed and which is represented by the test results. All
such mix which has been removed shall be replaced with plant mix which is within the job mix formula and
allowable tolerances at not cost to the Owner.
C.Requirements for Completed Plant Mix:
The completed mix shall meet the requirements shown in the Table below when tested in accordance with the
Marshall method of test:
TABLE
REQUIREMENTS FOR MARSHALL METHOD OF TEST
Requirement Value
I-1 I-2
Stability, Minimum 1,200 Lbs. 600 Lbs.
Flow 7-14 7-14
Void Content 3-8 4-10
05400.3 Construction Requirements
Where the surface course is to be placed on Type H binder course, the surface course shall be placed as soon as
possible after the binder course has been placed and in all cases during the same paving season.
The bituminous plant mix shall be compacted to a density of at least 95% of the laboratory density as determined by
the Marshall method test.
05450
SECTION 05450 PAVING
05450.1 Description
The work covered by this section consists of the production, delivery, and placement of all types of bituminous plant
mixed bases and surface courses to the lines, grades, thickness, and typical section shown on the Contract Drawings
or established by the Engineer.
05450.2 Materials
All materials shall meet the requirements referred to in the various sections of the specifications covering the type of
the plant mix being constructed.
05450.3 Composition of Mixtures
The bituminous plant mix shall be composed of a mixture of aggregate, asphalt cement, and mineral filler when
required. The several aggregate fractions shall be sized, uniformly graded, and combined in such proportions that
the resulting mixture meets the grading requirements of a job mix formula prepared bythe Engineer. Materials
which will not produce a job mix within the full allowable tolerances required by these specifications will be
rejected.
The job mix formula with the allowable tolerances shall be within the design limits specified for the particular type
of bituminous mixture. The job mix formula for each mixture will establish a single percentage of asphalt cement to
be added to the aggregate, and a single temperature at which the mixture is to be discharged from the plant.
The Contractor shall make a written request for the job mix formula at least 10 days prior to beginning work. When
the request made by the Contractor is not for a previously approved job mix formula, the Contractor shall also
submit samples of all aggregates proposed for use in the mix. The aggregate samples shall be taken by the
Contractor in the presence of a representative of the Engineer.
The job mix formula for each mixture shall be in effect until modified in writing by the Engineer.
All mixtures furnished for the work shall conform to the job mix formula within the tolerance ranges specified for
the particular mix involved as specified herein.
Should a change in sources of aggregate materials be made, a new job mix formula will be required before the new
mixture is produced.
When unsatisfactory results or other conditions make it necessary, the Engineer may establish a new job mix
formula.
The asphalt cement for the mixture will be accepted at the source subject to the provisions of these specifications.
Silicone shall be added to all asphalt cement used in surface courses and open-graded asphalt friction course, Type
J-1, unless otherwise directed by the Engineer. The amount of silicone added shall range from 1 oz. Per 2,000
gallons of asphalt cement to 1 oz. Per 2,500 gallons. The addition of the silicone to the asphalt cement shall be in
the presence of the Engineer unless it is added at the source and it is so noted on the delivery ticket. The brand of
silicone used shall be from the list published by the North Carolina Department of Transportation. The Contractor
proposing to use a brand not on the approved list shall submit a sample and manufacturer's data to the Engineer for
approval prior to use.
05450.4 Weather and Temperature Limitations for Producing and Placing Bituminous Mixtures
Bituminous mixtures shall not be produced or placed during rainy weather, when the subgrade or base course is
frozen, or when the moisture on the surface to be paved would prevent proper bond. Bituminous
05450
material shall not be placed when the air temperature, measured in the shade away from artificial heat at the location
of the paving operations, is less than the following temperatures:
Thickness of Layer Being
Material Placed Air Temperatures
Bituminous Concrete
Base Course, Type HB;
Bituminous Concrete
Binder Course; of Sand
Asphalt Base Course 1 'h" or greater 35 deg.
Bituminous Concrete
Bind Course, or Sand
Asphalt Base course Less than 1 V2" 40 deg.
Surface Course Materials 1" or greater 40 deg. Except
Final layer
Surface Course Materials 1" or greater 40 deg. For
Final layer
Except 50
Deg. Between
Nov. 1 & April 1
Surface Course Materials Less than 1" 50 deg. Except
60 deg. Between
Nov. 1 & April 1
In addition, open-graded asphalt friction course, Type J-1, shall not be placed between November 1 and April 1.
As an exception to the above, when in any day's operations the placement of a layer of bituminous base course
material or binder material 1 ''/2' or greater in thickness has started, it may continue the temperature drops to 32 deg.
Fahrenheit.
05450.5 Bituminous Mixture Production
The Contractor shall submit a certification that all bituminous production is performed under the exact requirements
and specifications used by the North Carolina Department of Transportation. If required by the Engineer, the
Contractor shall arrange for an inspection of the production facilities.
05450.6 Sur eg Stora eg Bins
Surge Storage bins may be used providing the mix that is discharged from the bin meets the requirements of the job
mix formula.
05450.7 Hot Mix Silo Storage Bins
Hot mix silo storage bins may be used providing the mix that is discharged from the bin meets the requirement of
the job mix formula.
05450
05450.8 Scales and Weieh House
The Contractor shall furnish truck scales and a weigh house except that where a batch plant provides for automatic
weighing and recording of batch weights and print-out tickets the following requirements shall be met, unless
otherwise approved by the Engineer.
1. The ticket shall show the accumulated weights by bins, plus the total weight of the mix for each individual
batch.
2. The ticket shall show the accumulated weights of the liquid asphalt for each individual batch.
3. The ticket shall show the grand total weight of each truck load of mix, including the liquid asphalt.
4. The ticket shall not show the equipment manufacturer's name.
5. The ticket shall show the name of the firm producing the mix.
6. The ticket shall have a blank space which is designated to be used for the signature of the roadway
inspector.
7. The ticket shall show the date and time of batching.
8. The ticket shall be numbered consecutively for each day/s operations.
9. The ticket shall show the project number.
10. The ticket shall show the type of mix.
11. The ticket shall show the truck number.
When required by the Engineer, the automatic weighing and recording system shall be checked by weighing a truck
load of mix on an approved set of plat form scales. Other means of checking the automatic weighing and recording
system will be designated by the Engineer if such checking becomes necessary.
The Contractor will not be permitted to use mixture delivered to the road which is not accompanied by a load ticket
signed by the weighman or an automatic printout ticket in accordance with the above requirements.
The original of all rickets, including any voided rickets or tickets for rejected mixture, shall become the property of
the Engineer.
05450.9 Transvortation of Bituminous Mixture
The mixture shall be transported from the mixing plant to the point of use in the vehicles which have tight, clean,
smooth metal beds that have been sprayed with a lime solution, a soap and oil solution, or other approved material,
to prevent the mixture from adhering to the beds. Each vehicle shall be covered with a canvas or other suitable
material. All covers shall be so constructed and secured as to prevent the entrance of moisture and the rapid loss of
temperature. A 3/8" diameter hole shall be provided on each side of the vehicle body near the center of the body
and 6 inches above the bed of the vehicle for the purpose of inserting a thermometer.
The temperature of the mixture immediately prior to discharge from the hauling vehicle shall be within a tolerance
of plus 15 deg. Fahrenheit to minus 25 deg. Fahrenheit of the specified job mix temperature.
05450.10 Spreading and Finishing
The bituminous mixture shall be spread and struck off to the required grades, cross sections, and thicknesses by self
contained, power propelled pavers. The pavers shall be equipped with an activated screed or strike off assembly
which is designed to be preheated, and shall have a sliding shoe attachment which will form a slope on the edge of
the mixture which shall prevent edge raveling when the mixture is compacted.
A string line shall be placed by the Contractor for the first land of each layer of mixture placed to provide alignment
control for the paper, except that a string line will not be required when the first layer is placed adjacent to a curb
section.
Roller used to compact the mixture shall be in good condition, capable of reversing with backlash. The rollers shall
be operated with the drive wheels nearest the paver and it speeds slow enough to avoid displacement of the mixture.
Steel wheel rollers shall be equipped with wetting devices to prevent the mixture from sticking to the roller wheels.
05450
•
The number and weight of rollers shall be sufficient to compact the mixture to the required density while it is still in
a workable condition.
Rolling for open-graded asphalt friction course shall consist of one coverage with a tandem steel wheel roller
weighing a maximum of 10 tons, with additional rolling limited to one coverage with the roller where necessary to
improve riding surface.
The use of rolling equipment with results in excessive crushing of the aggregate or excessive displacement of the
mixture will not be permitted.
In areas inaccessible to equipment shall be thoroughly compacted by the use of hand tampers or hand operated
mechanical tampers.
The tolerance of the final compacted payment shall be 1 '/4 inch from the typical cross-sections shown on the plans.
05450.11 Joints
A. Transverse Joints:
When the laying of the mixture is to be suspended long enough to permit the mixture to become chilled, transverse
a joints shall be constructed. At the end of the day's operation the Contractor shall construct a sloped wedge ahead of
the end of the full depth pavement to provide for proper compaction and protection of the full depth pavement.
When directed by the Engineer, the Contractor shall place a paper parting strip beneath this wedge to facilitate joint
M construction.
Before paving operations are resumed, the Contractor shall remove the sloped wedge and cut back into the
previously constructed pavement shall then lightly coated with tack coat.
When laying of the mixture is resumed at the joint, the construction of the joint shall be completed while the mixture
is still in a workable condition.
B. Longitudinal Joints
Longitudinal joints shall be formed by allowing the paver to deposit the mixture adjacent to the joint to such depth
that maximum compaction can be obtained along the joint. The joint shall be pinched by rolling immediately behind
the paver.
When the multi-lane, multi-layer construction is required, the longitudinal joint is each lay shall offset that in the
layer immediately below by approximately 6-inches. The joint in the top layer shall be constructed, where possible,
between design travel lanes.
05450.12 Surface Reauirements
The surface of the plant mix base or pavement after compaction shall be smooth and true to the required cross
section and grade. Any defective areas shall be corrected with satisfactory, material which shall be immediately
compacted to conform with the surrounding area. Any area showing an excess of asphalt cement shall be removed
and replaced.
The surface will be tested by the Engineer at all joints and at other selected locations using a 10 foot straightedge.
The variation of the surface from the testing edge of the straightedge, when applied parallel to the centerline of the
surface, shall not exceed 1/8 inch between any two contact points. Areas found to exceed this tolerance shall be
corrected by the Contractor by removal of the defective work and replacement with new material unless other
corrective measures are permitted by the Engineer. The work and materials required in the correction of defective
work shall be provided by the Contractor at no cost.
w
05475
It
SECTION 05475 UTILITY ADJUSTMENTS
05475.1 Description
The work covered by this section consists of raising or lowering of existing meter boxes, and valve boxes
encountered within the limits of the project to match the adjacent finished work.
05475.2 Materials
All materials shall meet the requirements of Division 9 of the 1984 NCDOT Standard Specifications for roads and
Structures shown below:
Brick Article 940-1
Mortar Article 940-8
Gray Iron Castings Article 974-6
K
A
05475.3 Construction Requirements
Adjustment of meter boxes and valve boxes shall be made by utilizing cast iron or steel fittings. Where fittings are
used, the fittings shall be securely attached or installed in a manner which will eliminate movement of the fitting.
Backfill of other excavated areas shall be accomplished by the use of materials comparable to the existing adjacent
area and the backfill shall be thoroughly compacted.
05475.4 Basis of Payment
No separate payment will be made for work performed under this section. Compensation, therefore, will be
considered as included in the process for the various items to which work is incidental.
0
I( •. -). T . } b WAROP o k
TOWN OF SAWMILLS
STREET PAVING - 2004
THIS MAP WAS PREPARED FROM BURKE COUNTY AND
CALDWELL COUNTY TAX MAP DATA, JUNE 30, 2003.
REVISED:
WEST CONSULTANTS, PLLC
lwc CONSULTING ENGINEERS
MORGANTON, NORTH CAROLINA
Town of Sawmills Fishing Pier Access Path, Caldwell Co....
Subject: Town of Sawmills Fishing Pier Access Path, Caldwell Co., 04-0469
From: Cyndi Karoly <cyndi.karoly@ncmail.net>
Date: Fri, 04 Jun 2004 10:28:57 -0400
To: jim.reid@ncmail.net
Jim - your staff report recommends issuance upon receipt of a modified plan, with
notes about your meeting with Town reps. The most recent info we have in the Central
file is West Consultant's April 14, 2004 letter with info we'd requested earlier from
Central. Is it your understanding that the town is to mail us a modified plan based
upon your field discussions after April 14? Did you write them a hold letter
specifying the items they are expected to provide? We need to be careful in such
cases - often applicants will commit verbally to producing documents, then two months
later we still haven't received anything, and the project is waived if we didn't close
the loop on the paperwork.
Please advise what you'd like done with this file. I'll be happy to send a hold
letter with your staff report items and any others you need to add.
Thanks.
1 of 1 6/8/04 4:23 PM
imap://alicia.duclos%40dwq.denr.ncmail.net@ cros.ncmail.net:143/fe...
Subject: [Fwd: Staff Report - Project 04-04691
From: John Dorney <john.dorney@ncmail.net>
Date: Thu, 03 Jun 2004 12:39:11 -0400
To: Alicia DuClos <alicia.duclos@ncmail.net>
please print out this report, attach to file and give to cyndi to handle. thankx
Original Message --------
Subject:Staff Report - Project 04-0469
Date:Wed, 02 Jun 2004 14:45:31 -0400
From:Jim Reid <Jim.Reid@ncmail.net>
Organization:NC DENR - Asheville Regional Office
To:mike horan <mike.horan@ncmail.net>, John Dorney <John.Dorney@ncmail.net>,
Kevin Barnett <Kevin.Bamett@ncmail.net>, Jim Reid <Jim.Reid@ncmail.net>
Staff Report for the Town of Sawmills, fishing pier (Project # 04-0469)
has been completed and is in File Maker. Please contact me if there are
questions.
2090 U.S..70 Highway
Swannanoa, NC 28778
Tel: 828-296-4500
Fax: 828-299-7043
Jim Reid - Jim.Reid@ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
... .... .................
...:.
Jim Reid <Jim.Reid@ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
1 of 1 6/3/2004 3:57 PM
Date:'
To: DCARO
? FRO
? MRO
? RRO
Triage Check List
Project Name:` 0
Mike Parker
Ken Averitte
Alan Johnson
Steve Mitchell
From: A,\ k e ?
DWQ#:
County: C?- e I
?' WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919) -7 33 - 1-7 Flo
The file attached is being forwarded td:? our for youx evaluation:
Please call if you need ce.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
' ation/avoidance issues
Buffer Rules (Meuse; Tar Pamlico, Catawba, Randleman.)
? Pond 1711
? Mitigation Ratios
? Ditching
?:' Are the stream and or wetland mitigation sites available and viable?
:heck drawings for accuracy
? Is the. application consistent with pre-application meetings?
[] Cumulative impact concern
Comments:
EST 405 South Sterling Street, Morganton NC 28655
CONSULTnNTSP«< 828 433 5661 / fax 828 433 5662 / westcons@bellsouth.net
April 14, 2004
Mr. John Dorney
DWQ - 401 Water Quality Certification Program
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Lake Rhodhiss Fishing Pier Access Path
Town of Sawmills
DWQ #04-0469
Dear Mr. Dorney:
WNERANDS / 401 GROUP
MAY 0 4 2004
WATER QUALITY SECTION
This letter and the enclosed information is in response to your letter to Town dated March 29,
2004.
1. Seven copies of the application are enclosed. The application includes the 56 square feet
of impact due to the fishing pier.
2. The handicap parking area is existing and was built by the North Carolina Wildlife
Resources Commission.
3. The walking path must be located within Zone 1 due to the very steep embankment that
already extends into Zone 1. The contours on the plan and the enclosed photographs
show this. Also, the Zone 1 impact will not be major since the vegetation is already
sparse.
4. The picnic area has been redesigned to avoid Zone 1 impacts.
If you need additional information, please let me know.
Sincerely,
WEST CONSULTANTS, PLLC
Benjamin B. Thomas, P.E.
/pmb
Enclosures
19? :R
cc: Mr. Robert Frye
r pit Office Use Only: orm e & 0
Y02
USACE Action ID No. DWQ No.
ku any pamcutar item is not appncame to tms project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required., check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information WETLANDS/ 401 GROUP
1. Owner/Applicant Information
Name: TOWN OF SAWMILLS MAY U 4 2004
Mailing Address: 4076 HIGHWAY 321-A IAIA*.,._ _
GRANITE FALLS NC 28630 F w" cm WUALiTYS
CTI . ??
Telephone Number: (828)396-7903 Fax Number: (828)396-8955
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: BENJAMIN THOMAS, P.E.
Company Affiliation: WEST CONSULTANTS, PLLC
Mailing Address: 405 SOUTH STERLING STREET
MORGANTON, NC 28655
Telephone Number: (828)433-5661 Fax Number : (828)433-5662
E-mail Address: beniiethomas@,bellsouth.net
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USES Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the filial version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: FISHING PIER ACCESS PATH FOR TOWN OF SAWMILLS
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: CALDWELL Nearest Town: SAWMILLS
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): BEGINNING AT THE
INTERSECTION OF SR 1115 AND SR 1122, PROCEED SOUTH TOWARDS
RHODHISS LAKE FOR APPROXIMATELY 1.1 MILES TO THE SITE
5. Site coordinates, if available (UTM or Lat/Long): N35-47.04'W81-29.10'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): WORK SITE AREA= 0.22
7. Nearest body of water (stream/river/sound/ocean/lake): RHODHISS LAKE
8. River Basin: CATAWBA
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/niaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: THE SITE IS A GRASSED, WOODED AND SOIL AREA
BETWEEN A PARKING LOT AND LAKE. A WOODED AREA AND WATER
TREATMENT FACILITY ARE IN THE UPHILL VICINITY. A RIP-RAP SLOPE AND
LAKE SHORELINE ARE BELOW THE SITE
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
A SMALL FRONT END LOADER-BACKHOE OR SIMILAR EQUIPMENT WILL
CLEAR AND GRADE A PLATEAU FOR THE INSTALLATION OF AN 8' WIDE
ASPHALT PATH AND TWO 6'X10' CONCRETE PADS. A PEA GRAVEL PATH AND
CONCRETE STEPS ARE ALSO PART OF THE PROJECT.
11. Explain the purpose of the proposed work: THE PURPOSE OF THE CONSTRUCTION IS
TO PROVIDE PEDESTRIAN AND WHEELCHAIR ACCESS TO A RECREATIONAL
FISHING PIER. ALSO TWO CONCRETE PADS FOR PICNIC TABLES WILL BE
INSTALLED.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Vi. Proposed impacts to Waters ofthe United.States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
Provide a written description of the proposed impacts: AN AREA JUST ABOVE A RIP-
RAP SLOPE AND LAKE SHORELINE WILL BE GRADED FOR THE INSTALLATION
OF A PERMANENT ASPHALT PATH, CONCRETE PADS AND STEPS
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
linear feet
Type of Wetland***
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topoz.one.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
acres
(if Name p Waterbody
applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
ONE ALTERNATIVE WOULD BE AN ABOVE GROUND WOODEN WALKWAY. THIS
WOULD REQUIRE HIGH MAINTENANCE WOULD NOT PROVIDE A SMOOTH
SURFACE FOR WHEELCHAIRS AND WOULD NOT EASILY ACCOMMODATE HIGH
VOLUMES OF TRAFFIC. GRADING WOULD OCCUR OVER A SMALL AREA AND
SPREAD RUNOFF.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams. N/A
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the .application complete for .processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htip://h2o.enr.state.nc.us/ncwetlands/strm,gide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream. and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208. to determine availabiiity and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at htip://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCVVRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify: 15A NCAC 2B .0243
CATAWBA)?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of Mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 8,176 3
2 980 1.5
Total
c.vne t extenas our sv leer perpenarcular rrom near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
RUNOFF WILL BE DISPERSED OVER THE SITE AREA. EXISTING IMPERVIOUS
AREA= O ACRES. TOTAL PROPOSED IMPERVIOUS AREA= 0.04 ACRES. TOTAL SITE
WORK AREA= 0.22 ACRES.
X1. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes E] No
X1I. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
-d7--b
AppucanvAgenrs Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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4/12/2004 4:12 PM FROM: Fax N.C, Wildlife Resources Commissioa ^0: 1 S19 7336893 PAGE: 001 OF 002
Z
• N.C, Wildlife Resources Commission
• 171 Southern Cross Rd.
• Weaverville, NC 28787
To: Bob Zarzeki
Fax number: 1 919 7336893
From: Jeff Ferguson
Fax number: (828) 645-4710
Business phone: (828) 231-3517
Home phone: (828) 645-0413
Date & Time: 4/12/2004 4:12:25 PM
Pages: 2
Re: Conley Creek Fishing Pier Plan
Bob,
I will have to send two seperate faxes to you. The first will be the plan, and the next will be the profile.
Our portion of this project is the construction of the pier only. The plan shows that T of the pier will be
on the upland side of the 100' contour which is the normal full pond for Lake Rhodhiss. Thatmeans
56sf of the pier will be in the buffer area.:
Please call me if you have any questions or comments. (828) 231-3517.
Thanks,
Jeff
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APR-12-2004 MON 14:57 TEL:9197336893 NAME:DWO-WETLANDS
P. 1
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9/12/2009 9:12 PM FROM: Fax N.C, Wildli°e Resources Commission "0: 1 919 7336893 PAGE: 002 OF 002
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APR-12-2004 MON 14:57 TEL:9197336893 NAME:DWO-WETLANDS
P. 2
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4/12/2004 4:16 PM FROM: Fax N.C, Wildli°e Resources Commission "0: 1 S19 "73368)3 PAGE: 001 OF 002
N.C, Wildlife Resources Commission
171 Southern Cross Rd.
Weaverville, NC 28787
To: Bob Zarzeki
Fax number: 1 919 7336893
From: Jeff Ferguson
Fax number: (826) 645-4710
Business phone: (828) 231-3517
Home phone: (828) 645-0413
Date & Time: 4/12/2004 4:16:21 PM
Pages: 2
Re: Conley Creek Fishing Pier - Profile
Here is the profile sheet for the fishing pier design.
Jeff
APR-12-2004 MON 15:00 TEL:9197336893 NAME:DWQ-WETLANDS
P. 1
Lake Rhodhiss - Duke Power http://www.dukepower.com/community/lakes/lakefacts/rhodhiss.asp?p...
lwovk=,?'
A Duke Energy Company
Lake Rhodhiss
Lake Rhodhiss was built in 1925. The Rhodhiss dam is 65 feet high and 1,500 feet long.
A relatively small lake, Rhodhiss has 90 miles of shoreline and a surface area of approximately 3,060
acres. Full pond elevation is 995.1 feet.
Lake Rhodhiss is also a reliable source of water for the nearby cities of Granite Falls, Lenoir, Morganton
and Valdese, North Carolina.
Duke Power provides four boat access areas and one bank fishing area on the lake in cooperation with the
North Carolina Wildlife Resources Commission.
Public Access Areas
• Johns River Access Area
• Huffman Bridge Access Area
• Castle Bridge Access Area
• Conley Creek Access Area
• Castle Bridge Marina 1-828-396-9139
• Rhodhiss Access Area
Chester fi ittit"nya?x large
Agresti A a
jnhr:s river
?. Acccss Area
8 ?r
1 '°? Pn jr? r
T
i
Johns River Access Area
Huffman Bridge Access Area
'lcce?N Area , t
Castle Pridj?o v '
ALcr--ss rArk:a
''*oAfy<?yytt_ - I)r5' IT+Art 15-?
l Castle Bridge Access Area
oft
P
sM
JI2 9:54 AM
Wetlands Tracking = 4o-t
Facility Name Town of Sawmills Fishing Pier Access Path
Project Number 04 0469 Cxpress
-
Project Type purpose of Fishing Pier access path
Location Lake Rhodiss located of Water Works Dr. Sawmill
Received From .APP COE ID #
Received Date March 23, 2004 COE Susp Date
Sent to Region Date DCM Susp Date
Rcvd Region Date TIP Number
Last Action Date March 29, 2004 More Info Requested
Last Action Hold More Info Received
Latitude (ddmmss) Mitigation ?
Longitude (ddmmss) COG Received Date
County Caldwell J
County2
Region Asheville
Reg. Contact
APPLICATION FEE INFO
Payment Date
Amount Paid
Payor
Check #
Public Notice Written Public Notice Comment Period
Date ReceivedDate Ends Date r;
f. -
Certificates'
; Stream
_
Area
Area
Length Length
..
-
Permit
Wetland Wetland- Score
Stream Class Subbasin . Wetland (
acres)
Reg (acres) -
(feet) (feet) _
Cert #
Type Type Impact Index Prin. supp. Class Appr. Req. Appr.
\O??F wHIFgQG
> -1
p -r
rvucnaet r. nasiey, uovemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 29, 2004
DWQ # 04-0469
Caldwell County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Town of Sawmills
4076 US Highway 321-A
Granite Falls, NC 28630
Subject Property: Lake Rhodhiss Fishing Pier Access Path
On March 23, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application
regarding your plan to fill wetlands or waters for the purpose of providing a fishing pier access path in
Caldwell County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of
the following information and refer to the DWQ # listed above in your reply. Please show these on
maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects'
compliance with 15A NCAC 211.0500.
1. Application
Please provide 7 copies of the attached application, 7 copies of the site plans and other
supporting information.
2. Handicap Parking Area
Is the handicap parking area existing or proposed? If proposed, then new parking within the
protected riparian buffer is prohibited. Please redesign to avoid this impact.
3. Walking Path
The proposed 8' wide walking path is shown within Zone 1 of the protected buffers. It
appears that the Zone 1 impacts can be avoided. Please redesign to avoid the Zone 1 impacts
or provide additional justification as to where they are needed.
4. Pea Gravel and Concrete Pads
The proposed pea gravel area and concrete pads within Zone 1 are prohibited. Please
redesign your plans to avoid the impact.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/newetlands)
Customer Service #: 1-877-623-6748
Town of Sawmills
Page 2
March 30,2004
Please telephone Bob Zarzecki at 919-733-9726 if you have any questions or would require copies of
our rules or procedural materials. This project will remain on hold as incomplete in accordance with
15A NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing or by fax at (919) 733-6893 within three (3) weeks we
will assume you no longer want to pursue the project and will consider it withdrawn.
Sincerely,
J 21o?"?'
n . Dorney
Water Quality Certi cation Program
JRD/bs
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Mark Stephens, West Consultants, 405 South Sterling Street, Morganton, NC 28655
WEST 405 South Sterling Street, Morganton NC 28655
State of North Carolina
Department of Environment
and Natural Resources
Asheville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
/ • •
NCDENFZ
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
March 16, 2004
MEMORANDUM
TO: Bob Zarzecki
Wetlands/401
FROM: Jim Rei
ARO
SUBJECT: "Allowa e Use"
Catawba Buffers
Caldwell County
IVI"`R 2 a 2004
Attached is subject request from the Town of Sawmills. The request was
received in this office on February 20, 2004. My intent was to visit the
site and send ARO's recommendation to you along with the package. Due to
passage of time and my not having been to the site, I thought that I
should not delay longer in transmitting the package. If you wish we
could visit the*site during your scheduled trip to Hickory on April 5,
2004.
Your assistance is appreciated. Please let me know if I can provide
anything concerning this matter.
59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452
An Equal Opportunity Affirmative Action Employer 50% recycledl10% post-consumer paper
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FW: email address change
FW: email address change
Subject: FW: email address change
Date: Thu, 26 Feb 2004 09:59:37 -0500
From: "Mark A. Stephens" <markastephens@bellsouth.net>
To: <J1M.RE1D@NCMAIL.NET>
Mark A. Stephens, EIT
West Consultants, PLLC
405 South Sterling Street
Morganton, NC 28613
Phone: (828) 433-5661
Fax: (828) 433-5662
From: Benjie Thomas [mailto:benjiethomas@bellsouth.net]
Sent: Thursday, February 26, 2004 9:59 AM
To: Mark Stephens
Subject: FW: email address change
Benjamin (Benjie) B. Thomas, P.E.
West Consultants, PLLC
405 S. Sterling Street
Morganton, NC 28655
Phone:(828)433-5661
Fax: (828) 433-5662
e-mail: benjiethomas@bellsouth.net
-----Original Message-----
From: Jeff Ferguson [mailto:ncwrcferguson@isp.com]
Sent: Tuesday, February 24, 2004 10:06 AM
To: Cindy S. Edwards; Cooney, Mark E.; Daniel E. Cabe; Erik Christofferson; Gordon Myers; Joan Lanier; Lee, Mark;
Michael Benteen; Tom Covington; Barbee, Dean A.; Barfield, Lisa M.; Benjie Thomas; Bogdanowicz, Mike D.; Brent
Cornelison; Brooks, Joffery W.; Bryson, W. T. (Buzz); Chris Goudreau; Curry, Bob; Darren Wade; David Yow; Dean
Noyes; Deaton, Shannon; Doug Besler; Fish, Ronda S.; Gordon S. Warburton; Hall, Joe; Hamilton, Richard B.; Harris,
Fred; 'Helix Mooring Systems'; Jay Glenn; Joe Carrilker; Keith Hendrickson; Kimbrell, Glenn; Kin Hodges; Kyle Briggs;
Mallory G. Martin; Micky Clemmons; mmclaurin@centralina.org; Paul Pittman; Ric Wright; Richard P Curry; Roger I
Jones; Scott Loftis; William S Ambrose; 'Waynesville Crew (E-mail)'; John Macemore
Subject: email address change
1 of 2 2/26/2004 10:00 AM
[Fwd: Town of Sawmills walking trails]
Subject: [Fwd: Town of Sawmills walking trails]
From: Jim Reid <Jim.Reid@ncmail.net>
Date: Mon, 07 Jun 2004 16:20:26 -0400
To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Jim Reid <Jim.Reid@ncmail.net>
Cyndi,
Below is the response that I received from the engineer concerning subject project. As Mr. Thomas is
extremely reliable and forthright, I expect that you will soon receive the revised plan. If you require
anything from me, please advise.
Thanks,
Jim Reid
-------- Original Message --------
Subject: Town of Sawmills walking trails
Date: Mon, 7 Jun 2004 12:08:58 -0400
From: "Benjie Thomas" <benjiethomas@bellsouth.net>
To: "Jim Reid" <jim.reid@ncmail.net>
Jim,
Thank you for meeting with me last week at sawmills. I am sending you and the central office a revised plan
as per our meeting. I am not showing picnic tables at all since they will either be outside the buffer or will be
open slatted with no concrete pad.
Regarding the future walking trail, I reviewed the temporary rules (are they permanent yet?) and see that
greenway/hiking trails are listed as allowable in the table, and there is no mention of impervious area or tree
removal limitations for that category. Also, the existing path is basically impervious as it is. Could we not
pave a width equivalent to the existing width of packed earth and gravel? Our concern is with making the
surface stable and accessible for wheelchairs. In addition, if the existing slope exceeds 5% at any point then
it will need to be graded to be flattened - this may require some tree removal. Please give me some
guidance on these issues. Thank you for your help.
Benjamin (Benjie) B. Thomas, P.E.
West Consultants, PLLC
405 S. Sterling Street
Morganton, NC28655
Phone: (828)433-5661
Fax: (828) 433-5662
e-mail: benjiethomas@bellsouth.net
1 of 1 6n104 4:57 PM
Complete dema 1.2.,alnd 3..Also complete
item 4; if Restricted Delivery Is .desired.
¦. Print your name and address on the reverse
so'that we can retum the card to you.
¦ Attach this card to the back of the mailpiece,
or:on the•front U space permits.
1. Article Addressed to: SS t) E!
Town of Sawmills
4076 US Highway 321-A
Granite Falls, NC 28630
DWQ# 04-0469 - Caldwell
2. Article Number -"
(Transfer from service lpbep 7002 24
r y?wWSW
Agent
X ?
B. Received by (Printed Name) .G. Date of eliver,
D. 4a delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. ervice Type
Certified Mail ?ExpressMail
? Registered J Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
10 0003 0275 4773
?mlRdceipt'• i 102595-r
UNITED STATES POSTAL SERVIC
i
'_.`` • Sender: Please print
>r.,o
L.
R Y kC -
_ P M REo Pos S
Far.Far
02 APR
9/3f?
you , address, and ZIP+4 in this box'
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
i3F!?3#bid11?1F#Ii##f#4F?!##?£?33t?I3?E?3#Ft{#ii#Iit?iF#3F??#?
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DWQ# Date
Plan Detail Incomplete
S. ails .04
Who Reviewed: Z.
? Please provide a location map for the project.
i?
?'tih'?i ...ss1,•.;, ?.a ? ,., ? ', ?, ...srY ?!? ?..L. «_. es!!w? ..-tea ?•y? C?ra..? i .x.w?t
['] Please show all stream imacts including I11 fill slopes, dissipaters, and bank stabilization on the sde plan.
s : I ale' ow a1T 'and-ft4d IN&'ngfffV this ?lan: ••• *? , , • t °'' : {? tx o a?' Ce "W
"• ?? trt r r
Avo • . ? k§"catet?jkb tffery j?on tr ite pl ,?l:,,. ti sa tat? r ?s a t ":J's
Please indicate proposed lot l,?a ut as overlays o the site P1
F1 y a?}• . ? r _ f t°^ l e e
.ti.. f °. t.J _.,? er??.r1 c. 4'? ,•+'-w .,? t+a?•• ... Ww'I -, }?"? „a4 ?' ..,'?i 9.P'.-'^° '' w4..
? Please indicate the location of the protected buffers as overlays on the site plan.
Please loca3te--all iso?a?ex or EX-isolatd" VM s - treams?id olkwuw s?of tl** St4QA&o;eslap? on tla § to pl?
a• ,
Please provide cross section details showing the provisions for aquatic life passage.
G'?+C?. 1 , _.4%*Js ? .r:,iel? t? Whir ari?e? "'9 'ti
? Please locate any planned•sewines on the site plan.
? Please provide dnil ocat i y prolpo°sieWtormwater ?Anagem!!!It!'i5z60646*ed by'l4C
O -'*'J ,i
4%0 ON 161
pease pro le-Stet o tormvva eent prac ' s as required by GEC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
Please provide copies of th &$4k04 pplication, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
QPVWO-7?
01560
01560.6 Earthwork
All material excavated on the site shall be disposed of as directed by the plans and the Engineer. When it is
necessary to haul material over the streets or pavements, the Contractor shall provide suitable tight vehicles so as to
prevent deposits on the streets or pavements. In all cases where any materials are dropped from the vehicles, the
Contractor shall clean up the same as often as directed by the Engineer and keep all crosswalks, streets, and
pavements clean and free from dirt, mud, stone, and other hauled material. The Contractor shall bear all costs
related to the work described herein as this work is considered incidental to the work covered by the various contract
items.
01560.7 Construction Surve
All work shall be constructed in accordance with the lies, grades and elevations shown on the plans or as given by
the Engineer in the field. The Contractor shall be fully responsible for maintaining alignment and grade. Principle
controlling points and base lines for locating the principle components of the work together with a suitable number
of benchmarks adjacent to the work will be provided by the Engineer. From this information, the Contractor shall
verify benchmarks and develop and make all detail surveys needed for construction (which for sewer traverses any
include the re-staking of manhole points, stakes, grade marks, monuments and benchmarks at the site of the work
and shall re-establish, at his own expense, any marks which are removed or destroyed due to his construction
operations.
01560.8 Control of Erosion, Siltation, and Pollution
A. The Contractor shall take whatever measures are necessary to minimize soil erosion and siltation, water
pollution, and air pollution caused by his operations. The Contractor shall also comply with the applicable
regulations of all legally constituted authorities relating to pollution prevention and control. The Contractor shall
keep himself fully informed of all such regulations which in any way may affect the conduct of the work, and shall
at all times observe and comply with all such regulations. In the event of conflict between such regulations and the
requirements of the specifications, the more restrictive requirements shall apply.
The Engineer will limit the area over which clearing and grubbing, excavation, borrow, and embankment operations
are performed whenever the Contractor's operations do not make effective use of construction practices and
temporary measures which will minimize erosion, or whenever construction operations have not been coordinated to
effectively minimize erosion, or whenever permanent erosion control features are not being completed as soon as
permitted by construction operations. All erosion control measures shall be constructed in accordance with the
North Carolina Sedimentation Pollution Control Act. Exposed areas shall not remain unprotected for more than
seven days unless a sedimentation and erosion control play approved by the State of North Carolina is implemented.
The Contractor shall control dust throughout the life of the project within the project area and at
all other areas affected by the construction of the project, including, but not specifically limited to, unpaved
secondary roads, haul roads, access roads, disposal sites, borrow and material pits, and production sites. Dust
control shall not be considered effective where the amount of dust creates a potential or actual unsafe condition,
public nuisance, or condition endangering the value, utility, or appearance of any property.
The Contractor will not be directly compensated for any dust control measures necessary, as this work will be
considered incidental to the work covered by the various contract items.
01560.9 Right to Stop Work
The Engineer or his authorized representative has the authority to stop the Contractor from further work progress if,
during construction, the Engineer deems the work being performed is not in compliance with these Contract
Documents.
CONTRACT CHANGE ORDER Order No.
Date
Contract For:
Owner:
To:
(Contractor)
You are hereby requested to comply with the following changes from the contract plans and specifications:
Justification:
The amount of the Contract will be (Decreased) (Increased) by the sum of Dollars ($)ooooo(aoc)
The Contract Total Including this and Previous Change Orders Will Be: Dollars ($xx)o=.xx)
The Contract Period Provided for Completion Will be (Increased) (Decreased) (Unchanged) Days.
This document will become a supplement to the contract and all provisions will apply hereto.
Requested:
Recommended:
(Owner)
(Engineer)
Accepted:
(contractor)
(late)
(Date)
(Date)
01560
SECTION 01560 SPECIAL CONTROLS
01560.1 Preservation of Natural Features
Confine all operations to within the work limits of the project. Exercise special care to maintain natural
surroundings undamaged.
01560.2 Housekeeping
A. Keep project neat, orderly, and in a safe condition at all times. Immediately remove all hazardous rubbish.
Do not allow rubbish to accumulate. Provide on-site containers for collection of rubbish or dispose of it at frequent
intervals during progress off work.
B. Wet down dry materials and rubbish to prevent blowing dust.
C. Keep volatile wastes in covered containers.
01560.3 Disposal of Rubbish
Dispose of waste materials, legally, at public or private dumping areas.
01560.4 Air and Water Pollution Control
A. Take all necessary reasonable measures to reduce air and water pollution by any material or
equipment used during construction.
B. Do not dispose of volatile wastes or oils in storm or sanitary drains, nor allow such materials to reach
streams.
C. Do not allow waste materials to be washed into the bed of a stream.
D. When excavations are made, immediately utilize resultant loose earth by filling and compacting in place, or
dispose of it off the site.
E. Sod or seed slopes as specified as soon as possible to prevent erosion and deposit of earth into any storm
sewer, drainage ditch, or stream. If it is impossible to prevent erosion, the Engineer may require construction of
sedimentation basins to prevent water pollution. The facility shall be constructed in accordance with the North
Carolina Sedimentation Pollution Control Act.
01560.5 Clearins Operations
On pipelines the permanent right-of-way shall be cleared prior to the delivery of the pipe materials in the area. No
clearing shall be done on the temporary right-of-way unless necessary for the execution of the work and only by
permission of the Engineer.
The Contractor shall take such precautions as necessary to protect livestock and shall maintain such barriers as are
required for this protection. The Contractor shall be solely liable for the death of any livestock due to his
construction operations.
Where the pipeline traverse is in bushy or wooded areas, the brush and trees shall be cut off flush with the ground.
Debris shall not be burned unless written permission or a burning permit is issued.
If burning is not permitted, all brush and trees shall be removed from the area and disposed of by the Contractor in
an approved manner. Trees and brush other than Wild Cherry may be mulched with an approved mulching machine
and the residue distributed over the permanent right-of-way. Marketable timber or firewood which must be cut shall
be stacked at the edge of the right-of-way to be removed by the property owner. Firewood shall be cut in 5'0"
lengths unless otherwise noted.
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MORGANTON, NORTH CAROLINA
STREET PAVING - 2004
THIS NAP WAS PREPARED FROM BURKE COUNTY AND
CALDWELL COUNTY TAX MAP DATA, JUNE 30, 2003.
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BGOC~ SEr:.~ P,e/.t/C/J~.4G CtoCl.9,s° 5~B/G/CEO 4 a va a,~;' SEEDBED PREPARTAION:
~ ~ / S~°/c.GwAy C~r~'~'` DvrGEr PERMANENT & TE DENT & TEMPORARY SEEDING SCHEDULE
Q} v~ Z ~f),-a'`e~O REVISED 02!27!04 1. SURFACE WATER CONTROL MEASURES TO BE INSTALLED ACCORDING TO PLAN. D4 2. AREAS TO BE SEEDED SHALL BE RIPPED AND SPREAD IVITH AVAILABLE
TOPSOIL 3" DEEP. TOTAL SEEDBED PREPARED DEPTH SHALL BE 4" - 6"
/ ; S'E!._~//i/JE/!/T' 8A5/il/ G'.2OS.S' SST/G1"i/ ~ ~ .~--~~----F/GTE~ G~9y~.e 3.1 SLOPES OR FLATTER: DEEP. R FLATTER: 3. LOOSE ROCKS, ROOTS, AND OTHER OBSTRUCTIONS SHALL BE REMOVED FROM
t ~~1eAv~G a2 F.q~2~,) ' ~ 1. APPLY AGRICULTURAL LIME THE SURFACE SO THAT THEY WILL NOT INTERFERE WITH ESTABLISHMENT AND ?ICULTURAL LIME AT THE RATE OF 90 LBS/1,000 SF. MAINTENANCE OF VEGETATION. SURFACE FOA FINAL ;;EEDBED PREPARATION,
2. APPLY 10.10-10 COMMERCU -10-10 COMMERCIAL FERTILIZER AT THE RATE OF 20 LBSI1,000 SF. AT FINISH GRADES SHOWN, SHALL 8E REASONABLY SMOOTH AND UNIfOAM.
yEGEJ.97~"D' Y"5.~,~AF~O CN.ANNEC jt/?~1/ 3~CN~~ CEif/T~.~' GiP.q/~f/ 3. SEED IN ACCORDANCE WITH 4000RDANCE WITH THE FOLLOWING SCHEDULE: 4. IF NO SOIL TEST IS TAKEN, FERTILIZER AND LIME "1'0 BE APPLIED
• DATE: TY ACCORDING 70 THE SEEDING SPECIFICATIONS. IN AUDITION, PROVIDE 15 Q TYPE: PLANTING RATE: LBS/1,000 SF OF SUPERPHOSPHATE. 1
• AUG. 15 - NOV. 1 REE !t/ NOV. 1 - MAR. 1 REE - NOV. 1 REBEL FESCUE 300 LBS/ACRE 5. IF SOIL TEST IS TAKEN, PROVIDE LIME AND FERTILIZER ACCORDING TO - MAR. 1 REBEL FESCUE 120 LBS/ACRE SOIL TEST REPORT. ~ •
RYE RYE (GRAIN) 120 LBSIACRE 6. LIME AND FERTILIZER SHALL 8E APPLIED UNIFORMLY ANO MIXED WITH SOIL
MAR. 1 - APA. 15 AEE APR, 14 -AUG. 15 REE - APR. 15 REBEL FESCUE 300 LBSIACRE DURING SEEDBED PREPARTATION. .f -AUG. 15 REBEL FESCUE 300 LBSIACRE '
~ Hp~ ~ /2 "iV C. 0017; ~ ~ CG4SS STCLYc~' GEf .FICG F/CT~7° F~°iC,. ~'"'•s-7 /YA,$Yr~p S7p,v6- ,y 1, 9 GERMAN MILLET 25 LBSIACRE GRADED SLOPES AND FILLS: IIAA '
7-p IBE ~'J/.e°.9F/ 7o~Ox 4. MULCH WITH STRAW APPLIEL u) fH STRAW APPLIED A7 THE RATE OF 75-100 LBS/1,000 SF. THE ANGLE FOR GRADED SLOPES AND FILLS SHALL BE NO GREATER THAN THE ANGLE U
O.E' EY~?UgG . WHICH CAN BE RETAINED BY VEGETATIVE COVER OA ADEQUATE EROSION CONTROL
/8Li~ C/J, F/ GREATER THAN 3:1 SLOPES: 3:1 SLOPES: DEVICES OA STRUCTURES. IN ANY EVENT, SLOPES LEFT EXPOSED SHALL, WITHIN
F/GT~R.° G~9YL.~ ~ ~ 1. APPLY A (G~A~. qE' ,a'A,~,'* ' y'~ ~ GRICULTURAL LIME 15 DAYS OF COMPLETION OF ANY PHASE OF GRADING, BE PLANTED OR OTHERWISE IICULTURAL LIME AT THE RATE OF 90 LBS11,000 SF. PROVIDED WITH GROUND COVER, DEVICES, OR STRUCTURES SUFFICIENT TO
2. APPLY 10-10 10 COMMERCIA ~ •"u 3. SEED IN ACCORDANCE WITH 10-10 COMMERCIAL FERTILIZER AT THE RATE OF 20 LBS11,000 SF. RESTRAIN EROSION. h ICCORDANCE WITH THE FOLLOWING SCHEDULE: V
T,c°AP.'9~GY0.9~ .E~/r''.~9.a !'yAN.f/EG ,I :ti 1 ' 1 1 I ,1 1 GROUND COVER:
• ~{7ie,~~•y gpGk p,E+ DATE: TYE ' EQ UQr. F/G7E,~° FA~°.C * * JUN. 1 - SEPT. 1 TAL TYPE: PLANTING RATE: „ SEPT. 1 TALL FESCUE 65 LBSIACRE AGROUND COVER SUFFICIENT 70 RESTRAIN EROSION MUST BE PLANTED OR '
? C iLC'T/df/ BRO i BROWN TOP MILLET 35 LBS/ACRE OTHERWISE PROVIDED WITHIN 15 WORKING DAYS ON THAT PORTION OF THE PROJECT
,~jyl/ SEPT. 1 - NOV. 1 TAL P/3 It/ SGT/L~"o ~i.U. ay~+A/GG Co''.~"O1e.°' UNS - NOV. 1 TALL FESCUE AND 150 LBSIACRE AREA WHICH FURTHER ACTIVE CONSTRUCTION IS NOT BEING UNDERTAKEN. UNSCAAIFIED SERICEA 70 LBSIACRE Q ,
LESPEDEZA **NCDENA MAY REQUIRE ADDITIONAL EROSION CONTROL MEASURES AS REQUIRED**
f °J'~"r7`GEiY'JCYYT' LES NOV. 1 - MAA. 1 RYE I ~ f~ ;.eAi , MAA. 1 - JUN. 1 RE8 MAR. 1 RYE (GRAIN) 120 LBSIACRE JUN. 1 REBEL FESCUE 150 LBSIACRE LAWNS:
i ~ 4 ~ • ~ • 1 TAL TALL FESCUE 150 LBSIACRE
1 1 'r/ ~ Y~.1 ' • ~ SGO r.G~" l~~~ea'~rv may- TEMPORARY SEEDING IF NE EXISTING LAWNS THAT ARE DISTURBED SHALL BE REVEGETATED ACCORDING TO THE IY SEEDING IF NEEDED, RESEED SEPT, 1 AT RECOMMENDED RATES. ABOVE SPECIFICATIONS WITH THE FOLLOWING SPECIFICATIONS:
~ i ~ ~ ~ ~ r/ ~x J ,pass ~ ,Q~'caw 1. ONLY REBEL FESCUE SHALL BE APPLIED.
SGa'a`-MAX, `S~~ ~P ~ 4. MULCH WITH STRAW APPLIED ~ F/G7~.~° GgYE'.~° ! 'r ANCHOR WITH ASPHALT EMUL 'H STRAW APPLIED AT THE RATE OF 75.100 LBS/1,000 SF AND 2. DO NOT USE APHALT EMULSION TACK COAT. 7H ASPHALT EMULSION TACK COAT APPLIED AT THE RATE OF 14-28 _........,,u ~~~In3HSH
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/ ~„/~J,,,Q}, cvr-D,~f oarc~-r PERMANENT & TE SEEDBED PREPARAAION:
Q) v~ ~ ~J`s'`cra NEVISEO 02127!04 FNT & TEMPORARY SEEDING SCHEDULE 1, SURFACE WATER CONTROL MEASURES TO BE INSTALLED ACCORDING 70 PLAN. a 2. AREAS TO BE SEEDED SHALL 8E RIPPED AND SPREAD WITH AVAILABLE
TOPSOIL 3" DEEP. TOTAL SEE08ED PREPARED DEPTH SHALL BE 4" - 6`
Y(/ / , Sri/~/JE~I/7" B~IS/if/ C.2DSS- SZG~"!/a1/ ~ ~ F/GTE~ GA'y~~ 3.1 SLOPES OR FLATTER: DEEP.
t (G.E'AvEG Gt4° iAc42.CJ FLATTER: 3. LOOSE ROCKS, ROOTS, AND OTHER OBSTRUCTIONS SHALL BE REMOVED FROM THE SURFACE SO THAT THEY WILL NOT INTERFERE WI1N ESTABLISHMENT AND
' ~ 1. APPLY AGRICULTURAL LIME A 2. APPLY 10-10-10 COMMERCIAL .'CULTURAL LIME AT THE RATE OF 90 LBS/1,000 SF. MAINTENANCE OF VEGETATION. SURFACE FOA FINAL SEEDBED PREPARATION,
YEGe'7ATE!J y-syarg0 CN.9N~VEG J•Y%lH .5rG2.1.~ CEif/!C'~ A~°.9ii/ ~ 3. SEED IN ACCORDANCE WITH 1 10-10 COMMERCIAL FERTILIZER A7 THE RATE OF 20 LBS11,000 SF. AT FINISH GRADES SHOWN, SHALL BE REASONABLY SMOOTH AND UNIFORM. ~ ' :COADANCE WITH THE FOLLOWING SCHEDULE: 4. IF NO SOIL TEST IS TAKEN, FERTILIZER AND LIME 10 8E APPLIED
DATE: 7YP1 ACCORDING TO THE SEEDING SPECIFICATIONS. IN ADDITION, PROVIDE 15 Q
AUG. 15 - NOV. 1 AEBE TYPE: PLANTING RATE: LBS11,000 SF OF SUPERPHOSPHATE. 1, NOV. 1 REBEL FESCUE 300 LBSIACRE 5. IF SOIL TEST IS TAKEN, PROVIDE LIME AND FERTILIZER ACCORDING TO ~ ,
!1/ ~ NOV, 1 - MAR. 1 REBE MAR. 1 REBEL FESCUE 120 LBSIACRE SOIL TEST REPORT. ,
AYE MAR. 1 -APR. 15 REBE AYE (GRAIN) 120 LBS/ACRE 6. LIME AND FERTILIZER SHALL BE APPLIED UNIFORMLY 4ND MIXED WITH SOIL APR. 15 REBEL FESCUE 300 LBSIACRE DURING SEEDBED PREPARTATION. •1
APR. 14 -AUG. 15 REBE XQ7~' ~ /2 r'il/ C. 00.7", ~ CG4.5S B 572yYcr- GERM AUG. 15 REBEL FESCUE 300 LBS/ACRE ~ '
rAGG F/G7L~~° F,rS~E'rC. ~^"S7 Jt'.4,s}f~G'D S7L1~vE- M Cc~ ' 9 1 GERMAN MILLET 25 LBSIACRE GRADED SLOPES AND FILLS: '
7'i7 [9'E /L1/n°.9r~'/ 7QOX 4. MULCH WITH STRAW APPLIED ' ~a r• 0.2 E'ri+UAG . f STRAW APPLIED AT THE RATE OF 75.100 LBS11,000 SF. THE ANGLE FOR GRADED SLOPES AND FILLS SHALL BE NO GREATER THAN THE ANGLE U
/gG17 C%1/. Fl GREATER THAN 3:1 SLOPES: WHICH CAN BE RETAINED BY VEGETATIVE COVER OR ADEQUATE EROSION CONTROL ':1 SLOPES: DEVICES OR STRUCTURES. IN ANY EVENT, SLOPES LEFT EKPGSED SHALL, WITHIN
F/GTEa.° G.9Y~.~ *•O ~ ~ 1. APPLY AGRIC LT 15 DAYS OF COMPLETION OF ANY PHASE OF GRADING, BE PLANTED OR OTHERWISE CULTURAL LIME AT THE RATE OF 90 LBSl1,000 SF. PROVIDED WITH GROUND COVER, DEVICES, OR STRUCTURES SUFFICIENT TO
(GE'Ar'C~ pe F.9c`a'2~ • ZSI ~ . ~ U ORAL LIME A' 2. APPLY 10-10 10 COMMERCIAL 0.10 COMMERCIAL FERTILIZER AT THE RATE OF 20 LBS/1,000 SF. RESTRAIN EROSION. h
• 3. SEED IN ACCORDANCE WITH 71 7.G'AP.9~/0.9G .P/f'.E'AP l'yA~t/i!/E'G .1.., . „ ~ .1 ~ , + , ~a 1 . , CORDANCE WITH THE FOLLOWING SCHEDULE: Y
~J/.2,qf/ 7'Gb h O,~' DATE: TYPE GROUND COVER: TYPE: PLANTING RATE:
' EQLa1C F/G7~',1.° fABe.C JUN. 1 - SEPT, 1 TALL ~ C '•~5 SG'CT/Gb(/ BAOV~ SEPT, 1 TALL FESCUE 65 LBSIACRE AGROUND COVER SUFFICIENT TO RESTRAIN EROSION MUST AE PLANTED OR ' BROWN TOP MILLET 35 LBSIACRE OTHERWISE PROVIDED WITHIN 15 WORKING DAYS ON THAT PORTION OF THE PROJECT
,C~/Q.t/ SEPT. 1 - NOV. 1 TALL NOV. 1 TALL FESCUE AND 150 LBSIACRE AREA WHICH FURTHER ACTIVE CONSTRUCTION IS N T 0 BEING UNDERTAKEN.
.,.a,o.. .N/~f/. Gl'E.t°F/GG Co "~"O~ LESPI UNSCARIFIED SERICEA 70 LBSIACRE ~ , LESPEDEZA **NCDENR MAY REQUIRE ADDITIONAL EROSION CONTROL MEASURES AS REQUIRED** •
+~~~G~`~L°yr NOV. 1 - MAR. 1 RYE MAR. 1 RYE (GR,4INJ 120 LBS/ACRE
` s= „aa~,fi MAR. 1 JUN. 1 REBEI n. . TALL JUN. 1 REBEL FESCUE 150 LBS/ACRE LAWNS: TALL FESCUE 150 LBSIACRE
t ~r~r~= • Q Vv ~R2 / sip ~ EXISTING LAWNS THAT ARE DISTURBED SHALL BE AEVEGETATED ACCORDING TO THE
V ' L SGOP~' E~'~'~~~Y'By- TEMPORARY SEEDING IF NEE! ` Vim" 1 , Q r t .c9 PA5 G ~"~et~V SEEDING IF NEEDED, RESEED SEPT. i A7 RECOMMENDED RATES. ABOVE SPECIFICATIONS WITH THE FOLLOWING SPECIFICATIONS:
~ ~ ~ n.:I .9x ~ 5 ,Q H ~ ~ ' Scams ~ SE'.~1~ 71:~,p CF 4. MULCH WITH STRAW APPLIED l '9\\\\~ - ,C'/G7Lril° LAS~ES~' f .SfC' MA'X ANCHOR WITH ASPHAI T FA7111.SI i. ONLY REBEL FESCUE SHALL 8E APPLIED. STRAW APPLIED AT THE RATE OF 75.100 LBS11,000 SF AND 2. DO NOT USE APHAL7 EMULSION TACK COAT.
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THE BUFFER IF IT IS OUTSIDE THE GRADING L IMI TS SHOWN.
EXISTING TREES SHALL BE PRESERVED WHEREVER POSSIBLE.
2. ALL DISTURBED AREAS NOT TO RECEIVE ASPHALT OR GRAVEL SHALL
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