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HomeMy WebLinkAbout20040469 Ver 1_Complete File_20040323r v idl? w' 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 rn C m c- m m D .... N? r O 4h- ° z D co r m Q 09 nZ rn WETLANDS/ 401 GROUP JUN 3 0 2004 WATER QUALITY SECTION It 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 w 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) W 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 0- V BID I w 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. -ft i 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. a- vxxzomo stxox 'xosxvxow Sf1MM!)N8 SIUMnSNO? :?)& :)Zrld 'sxK"znsxoZ) sssM :93SZA38 'SOOZ `oe 3NOP `VIVO dVN XV1 A1NBO3 773MO7VO ONV A1NnO3 3)18/18 NOW o38Vd38d SVAI dVN SIN1 1 0 . , - - N. 03*, It ti00Z - JNZAbd L33hf1S S77ZNMVS .40 NMOI 1487 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 _.. z --j 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 4k t gq IN ON y� Pp; .�"�a +' a r M =i.•, v, a, H-,"� f 4�J gong" - ''3`: - rk,�E • �,�F,}""`` <..rY`,..�.�'``t,-`n'�mgs��``'"�+�'.,�'S� � `ii* i .�€ � t �ra} s s V y +r^A _� N 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 4v.? ? ?,'1pWv? o? Sawrn:l?S + ® N.?. i ?4.`? ve 4•,ypu??? CO-WkZ55i0t , t ??lpc,C.'?'S er - 1v\clude. 5G,s6 1\1 aAac ko 1n o+t..er i (,JctE or- -esioonse b-z- 5aw.h:?ks . APR-12-2004 MON 14:57 TEL:9197336893 NAME:DWO-WETLANDS P. 1 ,r 9/12/2009 9:12 PM FROM: Fax N.C, Wildli°e Resources Commission "0: 1 919 7336893 PAGE: 002 OF 002 1 ,:.. a A o 3 ..... U U T ? haw N .: ? 1 ' ... ..._ B ? ? J vp T p C Y a l ? : .. "__ .'_ 0D 7 . id T Q In 1 . q3 all Q A J t ti t :' : r f i i o f t Io, t ? 1 4 f ' ? r ' ( t?E i Vl 3 ? a ^ i i o? r '?ok 1e v _ ( V tr) on C9 f o 00 00 ', c r xJQL mg ? v z A4 , ?+ V t G NZW Cy y" rJ6 en µ U` Q , j ( i J U r U 4 p i 37 4 tl 3 V1 E O xU ? ; tl O E uO 41 4? t 3 o y 06 6f 1 r l I t ? C 7 oq ..! t 4 , • fd. j 43 APR-12-2004 MON 14:57 TEL:9197336893 NAME:DWO-WETLANDS P. 2 a 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. 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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??#? P 1 ? <w9 r? P?,n'`'" b...- ft P r a %%, 6-4 . 1 eae a r+?.c?•u?s•? ke axo : d ?"? M?pas .,,? 4t ?sa? ?3 ` w Z,c walk a.rt? ?5 s .? w. CA-- b C ? ? .rte ??1r,?.-a,1? ?,h?•,`?.Lww... ?s ? c.,H.,,` .?rt,,,?,t e? r.?? . p l" lv 04014 jut `'` ' , 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. r ?Q N { X v J V Q T c -elo ra-p- A I I er?, 1-1 k_-A ---I&- ,C41, tD -,;f,• {'h H V-3 ` Pa-AeA- rharK ?o y. `?}.. S?qkell con Wary sC?l,?-e. ? ? a.? O M WEST CONSULTANTS, PLLC vvc CONSULTING =GI mms MORGANTON, NORTH CAROLINA STREET PAVING - 2004 THIS NAP WAS PREPARED FROM BURKE COUNTY AND CALDWELL COUNTY TAX MAP DATA, JUNE 30, 2003. REVISED: TOWN OF SAWMILLS Z r-- G 4~ T ~ ~ I y vN r I ~ A A ~o Z I ~ T Q N 1 L___J tiV 2 ~ 1 E B L A D T ¦ ~ ~ L N e 1 ~ ~ T I N R B R ' U (q 2 W. T IMI A r C o E ~ V . E P L I L M n I B o A I E L A L A ~ 1 ~J ti r o ~ 1 ~ 9,1. 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V ~ ~ / ~ - .-L-' .-r _ Q T- N E _ T IL J _ _ < 12" TYP. ~ ~ ~ - `ti-- T ~ /L / / ~ . ~ ~ . - _ - - - _ _ 2 TREAD L - ~ ~ t/ y ~ ~ ~ 4 R _ ~ _ ~ _ W _ 12° MIN 12" WIDTH ~ c ~ ~ ~ / / / JOINT • • ¦ ¦ • _ /1~ ~ ~ , ~ / / i / ~ 1~ 5 18•' O ~ ` ~ E , _ A a ED N r N (TYP) K \ \ LLJJ A ~ \ 7" TYP. ~ n = ~ p m - n A A D D A / / ~ / P ~ ~ A V . ~ PA p n/i./ , ~ E B ~ D R E ~ BL I A • o R. N n 3000 PSI ¦ • • 1 L n 2" (TYP) CONCRETE ~ O H ' p n . . - - - r ' L _ E / ~ i ~ I ~ m N EXP. 4 \ ~ ~ / ¦ ~ "D 1 A I JOINT ~ ~ c ~3 NOSING BARS (TYP) _ . _ ~ ~ ~ ~ ~ i ~ ~ ' ~ I I I - ~ ~ ~ 1 I o- m ~ o ° ~ o b4 REBARS ®12" O.C. - J ~ \ \ ~ ~ ~ ~ i / I Ill I ~ ti mo 0 ~3 REBARS ®12" O.C, \ " p ~ \ _ - _ - ~ i i / ~ I I I l i I W W • 2~ a - COMPACTED FILL ~ ~ ~ ~ ~ 12" ~ - - i i ~ / ~ / ~ ~ ~ I ~UQ~W ~ 4 1 ~ - ~ ~ ~ / ~ / i I I 1 I I au~ooa ~ ~ / / / I ~ ( I I I _ - ~ ~ / ~ / I I I I I 0_ _ PIPE SLEEVE (2) NS REBARS ~ ~ ` _ _ _ ~ / ~ ~ / / ~ I ~ I I 1 ~ - ~ ~ / / I I SET IN CONCRETE ~ - ` _ - _ _ ~ - ~ / ~ ' ~ III I I I 1 1 - ~ ~ ~ / I I l / ~ ~ / / ~ III I i I I I CONC. WALK ~ ` ~ _ ~ I I I I 40 i ~ I I I I 1~ 5- _ _ _ - ~ 1 I I I ~ i I I 11 1 1} _ ~ _ I I I Z Q _ _ ~ ~ 1 I I 1 1 ~ I 1~ 2 A_ 1 A _ - / ~ I I I ~ ti - ~ - I I 1 I I Q ~ ~ I I 1 II I ~ o CALF NOT TO S - _ - - ~ I I I ~ ~ ~ ac - - ~ I ~ ~ \ I 400 - - - - - - ~ I ~ ~ ~ ~ Q - - - ~ ~ I ~ I _ _ - ~ I 1 I ~ ~ ~ w ~ ~ ~ ~ ~ \ 1 ~ V ~ ~ ~ ` ~ I _ - ~ ~ ~ 15 wEr ~ DO NOT DISTURB - - ~ ~ - ~ ~ ~ ~ ~ ~ 141 ~RQ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , OF EXISTING TREES - ` , ~ ~ ~ ~ ~ ~ ~ ~ a zoo 0 - ~ ~ \ ~ ~ DO NOT DISTURB 2' WIDE - - . _ 395 - - - ~ ~ ~ ~ ~A ~ ~ ~ ~ ~ S~CI"ION C'3 s ~ GRADE EXISTING LDER SHOO 0 Z ~ ~ i ~ ~ ~ ~ Fy ~ M _ - WHERE 5 0 \ ~ ~ ~ P SSIBLE WITH _ 0 ~ _ ~ ION - VEGETAT - 2 o CROSS-SLOPE \ \ ~ ~ 4 0 I 0 - _ _ _ _ _ _ _ _ _ 2 __=====1=====_==== ~ ~ - - - - - - _ - - - - - - - _ 1 - =2 - - - - - - - - - - - - - II=III=1 =III=III=III-III-III-III - - - ~ ~-III-III-I I I 1 E. 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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. 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' ' C.SI,~,t/NE 1~ 1 ' I~/~~.L/ ~V Ir///{ir~~/ tIV1I /W4 ~/~~1 • ~ J oe ~au.~vG~ FiGr~e F.~~eK ~.vr~,~c z. s~ ,c~sr na ,ea ssr - - 7" .~°/i°,E'A`' OlJ7'CET ~~NDTEG'T~'O~t/ ~ [~1~ , ~ y , 3. J~aaa .SST ~ $E' SEr • ~ ~ ' ' ~ • / ~ ' ,~sr r~ ~ s~,~~X ,G'~D.p iiYGET ' b r! .n 6 e s., 8'~ "f9f'.4~'T' SELF/~!" w/rN 6,2,4' v/ ~ 6 ~ 2da ~ , 5. i'~°pY/G~'' ~-Foo>-Jt~iO~" OvrcG-~5' ~•v ,c~~/eE" . ' E~G'ii . ~E~l .9.t/O AY EAQ.S/ C•A~V Poid/!"" /.t/ FF..~C~". Dvrr~r5 ,~I,S9lGG. $E' f"~07"~*:'L'T~O BCaC,~ AiVo G. °,~yr~ .o.~.~ /.~T ; r,~,9roE'-z'ar~ T,eas~ .eq~',~ ,~.~~-~'Bageo N/iTy 8~ 7.f/~C'~' oi' G.e4vEG. .d.2oT~J"/cW ~~!/CE' y~'/.rl/C. .eis~.e' PIPE' fit' ,~/NC/P.Gi.; ,Sim/GGl'f/.S'!/ r•''1°'=u.;;w 3:t':~ . G,E'ASSG`C> CX/.9~!/.VEG C'.°DSS 5EG77DN$ ~ Eir~7~4/r;4C/YIFit? ' ,aeu~',t/,4GG' ~ sr,u$/G/ZEt~ wi>~ , ,t/orE': Sew PG4.~bc5' ~'Dk' C,rJ,4.fiv~'G NOG~S* wirN T .~aG'~D /.v G.4Y~:ey' ' 5C;6lEOGC,rr',$-, GeA~~, ANO c.'ArJ/,~i9C7EO Z.S: / SGGt~~'.s'l.4,~ x 0 0 ~ z ~ m x .o No, , ,y=/ ~ Iq w N~ „N ~ w ~ way b' a a ~ a a w W U ~e $GOC~ S~ti Q Q V! IC, ~ / ~„/~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. H ASPHAI T FA7111.Sil1N TdCK C/lA7 evor ~Fn er ruc perc nc te_oa WN (66'A!/EG O~Fi9QE'/C~ i~ ~if/AT(AG GPOUND Off GAL.11,000.SF...... . SF. SHEEI ~ '/J.48.rJ.~•/ .'tl'JX ' tAJ~.~°/C yECi'ETi~7~`_f ~'h'•e9f„,~G/C S.y,9d'ED C'h~.9it/~i/EG S~urra~r! iTh' raves c~"ti p2,giy ,2/F.e'AF' Ch•9.c%1/E~ G'.PGtSS Sal/~c,i$' '7-E'iYJ.°d,~°rr~~ ,y~:GY~t-~~:•~rT' T.~'~'.D NnTE: SEZ~ ~'GfibtF' FO~+ C7.~/A~V.UCc_ ~'/n~• ' SEA f~G y,,/~y- fD,p 77~'~F° IIOffIIIfL• nF Sf ~ nwr nic satyr,^~ OF w~r~ z r-- G N N ' ~ ~ I y ER R WBA TA A E H T N I T I E A PL K TA N ~ ~ ~ o Z ~ ~a W K R W T M 1. Q N 1 L___J >tiv ~ ~ 1 E B L L HA ND R THE T T PA M E R F E H T B . I A ~ N I T I e 1 ~ ~ N R B R I D E. L P M D M I W. H T I I L N I AD R W E H E D T T t C I R F B E o D VE . R r E PR BE o L L HA E E TR L I L A n ~ I T XI E LL L A R T L L A A A B o ~ ~ 1 ~J ti ~ ~ ~ 1 I 9r N. I A I F I E P ED R D J 1 ~ ~ ~ sT 5. a. E E N ~ A P L D L _ PAY PONDS RO ~ ~ i ' _J ~ ~ ~ W \ J ~-J ~ \ ~ 1.. f Q I Y ~ W ~ ~ ~ \ I I II I II I II ~W I T x - 4 w~ ~ I - I I ~ o I I / / / / / I ~ ~ - / / / / I I / ~ I T A / E R / / / / / 4 I I . T A II / / / / I / / 40 ~ i ~ , r / / I ~ J /~li / I / / \ ~ / ~ ~ / ~ II / ~ _ / / r 1 / / ~ / / i / / ~ ~ ~ / fk ~ / R T P I / ~ ~ , / / / ~ / / / / ~ ~ ~ I ~ ,X 5 ~i~~ / / ~ ~ / 4 L . t ~ ~ - i / ~ iii ~ ~ ~ - ~ ~ ~ _ / ii / / ~ ~ ~ / / tltNl I / / / / ttttttl PPPP,/ ~ ~ ~ ~ \ ~ - 1 / / / / ~r 445.. ~ / / ov . ~ 435 : o ; ~ s ; ~ c. s ~ ~ ~ ~ ~ \ E T E T E i 3 / / / ~ ~ vy / ~ / / / / / ~,Y`yr ~ ~ ~ / / / / / / / / `~i, ® / / ~ ~<,r' / y t / / / / / / P IP tllt --J / /~~G// / / / / / ~ \ ~ ~ / ~ ~ \ ~ - ~ -_-ice - -J \ ~ ~ \ ~ ~ ~ -vim' / ~ ~ , - - _ ~ BLIFE~R- _ - - - ~ _ --J / / ~ / ~ ~ - J / / i' ~ / I / l ~ c~ ~ - _ _ - / ~ ~ ~ON~ _ - / / ~ / /,/~L/ \.c i ~ ~~I///~~i ~ ~ ~ - - / - //yam/ /i' '1' ~ I ~ , - / ~/.i ~ / - PIPE \ ~ / ~ / ~!-~T`~ icit c <-c 1 1~2"0 STEEL ~ _ c ~ ~ ~ ~ ~ ~ \ - ~ i / ~ ~ ' - c r - - _ - - HANDRAIL (PAINTED) ~ ~ r\ [ '4 . ~ / / / r ~ ~ ~ .-r - _ ~ _ ~ E Q I _ _ T T _ L I ~ ~ ~ \ \'`i 1 ' ~yi//rte. r~ ~ - ~ ~ 1 r \ ~ ~ ' _ 'f ____l~ / 12" TYP. ,~~\\yr ~ -ate - _ ~ / / / / II,,-'~ - - - - - - - _ ` _ ~ ~ ~ ' 1~ O / - 4 " TREAD Y I [ a- ~ ~ i~ - R ~ W / - 12` Mw 12 wIDrH ~ I ~ ~ ~ - _ _ _ / ~c I c' / y - R-, I ~R I I E EXP. ~ ~ <i%` \ ~ R . _ N. - JOINT ~ - _ 5 'a ED AV P W E N E N ~E - 1 D \ ~ (T~) N T Y B R W F ED K L WA I ~ ~I ~ ~ / 7" TYP. ~ o ° V ~ . °o B A / / / / / / G / ~ / / / / 1 I ~ o[ ¦ ¦ ¦ ¦ • 1 N ° ~ 3000 PSI / L _ / / / ~ I ch m V / a ~ 2" (TW) CONCRETE ~ o~ ~ N EXP. • n ~ \ 5 JOINT 3 NOSING BARS T1P ` - - - - ~ ` ~ ~ ~ J D ° ° /~//i 4 REBARS ®12" O.C. ~ ~ - ` ~ \ ~ N ~ ~ i, / I I I 11 l ti mo 0 N ~3 REBARS ®12" O.C. ~ _ ~ ~ ~ / i I I 1 I 11 ~~w3ti • ~ ~ ~ \ ~ - - ~ - - ~ ~ / / / 1 I I I I oQti > W - - / , / ~ I ~ I 1 I 1 ocoQa~w COMPACTED FILL ~ ~ ~ ~ ~ ~ / / ~ I 1 1 I I ~moam ~ ~ / I I I I 11 4 1 _ - _ 0 _ _ I I I I I ~ I I I I I ~ ~ ~ / / I I I I I PIPE SLEEVE (2) ~5 REBARS ~ ~ ~ ` ` _ _ / / / II I i I i 1 1 SET IN CONCRETE ~ ~ ` - _ ~ ` - ~ ~ _ ~ - ~ I I I I I 1 1 SI+~~G ~ I 1 ET~AND CONC. WALK ~ ~ ~ ~ ~ ~ ~ ~ \ _ ~ _ ~ ~ ~ ~ / ~ 1 1 I I I 11 W / ~ ~ 1 I I I 40 - ~ ~ _ 5 - _ i I I I I 1 1 4 1 I I I , 5 200 _ - _ ~ 1 1 1 I 1 1 JUN 1 - I 1 I 1 1 = Q - I I 1 1 ~ I I- Z - i _ I I I 1 1 SECTION - ~ , _ - I ~ I • t~UAi-ITY Q ti - . ~ ~ ~ III 1 I I ~ WATEt~ J ~ i l l i l I I I 1 c~ 0 T SCALE _ - - NOT 0 - - 400 - _ - - I 1 ~ ~ J ~ - _ ~ 1 1 1 ~ I ~ ~ ~ 1 11 1 l I~~~ 1 H U - - ~ - ~ 1 1 1 ~ ~ U ~ ~J QE` DO NOT DISTURB ~ ~ v ~ v ~ v ~ ~ l~ O EXISTING TREES - ~ \ ~ \ ~ ~ X11 ~ Z - - - ~ ~ ~ \ RB 2' WIDE - - DO NOT DISTU 95 3 - EXISTING GRADE SHOULDER i \ ~ - _ - \ ~ Z ~ WHERE 5 -0 \ ~ ~ O / \ ~ ~ ISLE WITH POSS / \ ~ ~ / ~ ~ \ ~ ~ EGETATION - _ V - 2 o CROSS s~oPE / - \ \ ~ ~ / ~ ~ / \ O I O ~ / ~ _ / } ~ A ~ ~ V ¦ II I _ =2 E. AL -III= =III-III-=-= I-Iii-I i I-I i I-I i- -III-1 I I= ~ AI11'~1'~T WILL ? 1 1/2° I-2 EXISTING ~ 20 0 20 40 Z 0 co PAVED SURFACE 4" ABC STONE SLOPE ~ „ o BASE COURSE ~ GRAPHIC SCALE - 1 = 20' 1 w F 0 WALKING PATH - TYPICAL CROSS-SECTION NOT TO SCALE z co- gyv � �� �— — — — TOWN OF SAWMILLS _ PRY PONOS ROAD _J U ti C n 3 Q n n n 1 LAKE RHODHISS PROJEOT LOCATION VICINITY MAP NTS 1-1/2-0 STEEL PIPE HANDRAIL (PAINTED) 1. 5- .- 12 - TREAD 12• MIN �, 12- ,, NADTH N EXP JOINT ° - 12- TYP. EXP. JOINT ,8- TYP 7• TYP. . 3000 PSI 2- CONCRETE — #3 NOSING BARS (TYP) — #4 REBARS O 12. O.C. — #3 REBARS O 12. O.C. — COMPACTED FILL PIPE SLEEVE (2) #5 REBARS SET IN CONCRETE CONC. WALK POURED - IN - PLACE CONCRETE STEPS NOT TO SCALE JLL WORK BY N. C. W. R. ` NOTES: 1. MOST WORK SHOWN TAKES PLACE WITHIN THE CA TAWBA RIVER RI PRARIAN BUFFER. THEREFORE, IMPACTS TO THE GROUND SHALL BE MINIMIZED AS MUCH AS POSSIBLE. DO NOT DISTURB GROUND WITHIN 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 BE RE VEGE TA TED PER THE SEEDING SPECIFICATIONS. / e% RAt/H1 All TUTPV w 91 nu rf' HA 1 NU AHto Lf Y , .. ", "� `-" 1 �� N. C. W. R. C. PAVED ACCESSIBLE 6 ' -011 WALKING PATH 415 4 (SEE DETAIL ) "" IL_ Lf -1 "' ^`''- `— (;UNCHETE SLAB TO CONCRETE SLAB BE REINFORCED WITH 4 " ABC STONE WELDED WIRE MESH BASE COURSE CONCRL= T E SLAB - TYPICAL CROSS-SECTION NOT TO SCALE 3' WIDE • •1-011 SHOULDER kL. WHERE W&I 11 • -, ,. E POSSIBLE All —1 1/2" I-2 PAVED SURFACE 4" ABC STONE BASE COURSE WALKING PATH - TYPICAL CROSS-SECTION NOT TO SCALE EXISTING SLOPE 41�..._ 405 ZI'A ,L RHODIa SS (C4 TA1,11BA RIVER) 400 395 5 x 5' -AREAS 6' x 10' CONCRETE PAD FOR PICNIC TABLES, TYP. ( SEE DETAIL) SIL T FENCE (TYP.)p. .....420 `g EXISTING RIPRAP EMBANKMENT (DO NOT DISTURB) ,r PROPOSED DOCK TO BE INSTALLED BY N ` . W. R.V V. 4. i r t I P ' I >j a Yt r 4 4-10 405 400 a� a� co Q Lo L N ZQD co o cu m LoN 0 U J J a (n Z cn z 0 U W! i .AND 401('Roy,} 0 - 0 N p cA MAY 0 4 2004 J /ATEI.l,°it Z = QO L`uj °p , 7co JW�-+ cc0Q�W Q_ co PLAN VIEW SCALE: 1" = 20' SHEET 20 0 20 40 11111111111 1 t-11111111111 __ I —I GRAPHIC SCALE — 1" = 20' � OF Z J ccCo -_j W ti U UJ oc U Q- w co Q) J co � U PLAN VIEW SCALE: 1" = 20' SHEET 20 0 20 40 11111111111 1 t-11111111111 __ I —I GRAPHIC SCALE — 1" = 20' � OF Z Z NO TES ■ 1. MOST WORK SHOWN TAKES PLACE WITHIN THE CATAWBA RIVER Q� RI PRARIAN BUFFER. THEREFORE, IMPACTS TO THE GROUND SHALL BE TOWN OF MINIMIZED AS MUCH AS POSSIBLE. DO NOT DISTURB GROUND WITHIN SAWMILLS THE BUFFER IF IT IS OUTSIDE THE GRADING LIMITS SHOWN. EXISTING TREES SHALL BE PRESL: R VED WHEREVER POSSIBLE. 2. ALL DISTURBED AREAS NOT TO RECEIVE ASPHALT OR GRAVEL SHALL _ pRY PONDS RO D BE REVEGETATED PER THE SEEDIMIG SPECIFICATIONS. J U \ w � w o o 4" ' THICK x 5 -0" �,, IqTX,�G— PA V86 4 LME RHODHISS i i I AR IN A EA WIDE PEA GRAVEL 4 I i 0 PATH 4 ' I I � I BNHMRK - PK NAILPROJE ET IN PA T LOCATION EM N \LE 4 6■ 3 , /, _ — J LANDING VICINI T MAPAWORK�y ' CNC: ET S EPSS NT" st \ �— = �'.( EE DE AI ) 445 ��\■\` \■`\ ��435 4 THICK \ \ \ \ \ �\ \� -_ - — � � \ —" — � . `tea``= 1 \` � .-- � '� / / / %' / /j' ' •`' __ .!' / / PEA GRAVEL Ile ZQNE_ —WORD -B�'= TOWN , — ._._ — _ , — // / - / / 6' x 10' (;ONCRETE PAD FOR PICNIC —43Ic TABL ES T )oeP _ j.. (SEE DETAIL) `[ \ice -_ _- \ \ :,.... _ .---:: — • / _,.,.- . _- �,/ � �'�%• 12- r 77, -s.� - _ // 1—' " -� — a s .,: -- 428:5+ ' '- f _ ,✓ji 6.1 1-1/2.0 STEEL PIPE \ _'1 _�` ` < 1�i - \" ��_ ` _ , %—L __ — — / �Y_ "� �s _. •_ =r Z.- s — HANDRAIL (PAINTED)rY�-- ,I�j� =t— "�� i /- ( i ' - _ - . `S� - S • _fig ` —(/ i `� - _ ■ .�t�--v -� ' ? =.'� _ r� - -` _ I.� _ — - F—L .Y"_ �,.�• " _ „�—�"'- 1�:... _ ' -- - - r- - - =:+ - �a- € t_ ` �-- �= ==',�-- =� - — — --- - �-� ��� ���— SILT FENCE 12 TYP -_ (T YP ■12 ) -- ' - f TREAD �v� -� _ - �i _— : �-- r 12- MIN 1Y MADTH WORK B Y �� - - --' -420 N.C.W.R.C. EXISTING RIPRAP Ems. N —�~ , --�, .�. - � y, � JOINT ■ . . . ■ 5 CONNECT NEW PAVED 0 EMBANKMENT (DO. WORK BY TOWN -"... r TYP. WALK TO EDGE OF .� NOT DIST (UR -- , . _ _ _ • -° - - ' = ' P D � . WIDE r B _) P - • - • - PARKING AREA B Y RO OSS , 8 „ . FA VED ACCESSIBLE --- - - P Eb) K T BE 3000 N. C. W. R. C. PRO OS OC 0 \ = • 2- (T?) CONCRPETE N ... - WALKING PH- -O STAL LED BY JOINT V ".' F3 NOSING BARS (TYP) 15 \ \\ (.SEE _ DETAI L -• .: - - � -_- . - //� REBARS O 12- U.C. ) _.. .••'`°p N. �. W :` R.C. s N.-..,++..,..-.-.... REBARS O 12. O.C.- --- 12* COMPACTED FILL (2) #5 REBARS I — III—III PIPE SLEEVE I I—I I - 1 "•I- 410 SET IN CONCRETE III—III —__ CONI. WALK III—III I__I I I—III—III—III—I I — — — — —_—_ _— I I—III—I - •-° °` � � `� _ —III=1 =1 I I-405 � � " : � °-� , 'Ab- PITH r' POURED - I N PLACE - - - - 4 0 5 .. TEP 6 " POURED - I N - PLACE CONCRETE SLAB TO `'�- 10ATA T l ^ CONCRETESTEPS d�rA�JBA Ri VER). CONt.,RETE SLAB BE REINFORCED WITH 4 ABC STONE --.:• , y,. - NOT TO SCALEBASE COURSE WELDED WIRE MESH 400— CONCRETE SLAB - TYPICAL CROSS - SECTION NOT TO SCALE 415 31 WIDE 395 SHOULDER ` -- ,`\ `� 81-011 �— \ �' `410 WHERE II ---- POSSIBLE �' -405 2% CROSS - SLOPE ., 0 -1 I I-11 I=1 I—III-1 I I-1 i t=1 I I-1 I I-1 11= 11= ____ III=III-III-1 I I-III=III=11 = 2 PLAN VIEW SCALE: P= = 20 ' L-1 1/2" I-2 _ — EXISTING PAVED SURFACE 4" ABC STONE SLOPE BASE COURSE WALKING PATH - TYPICAL CROSS-SECTION NOT TO SCALE 20 0 20 ■■■■■■■■■■ ■■■■■■■■■■ GRAPHIC SCALE — 1 20' L 4-1 cm to co L N CID co Z 4- o cn cu � L J J V) F_ Z Q J D V) z 0 U oCc W Q O O 00 N p co II N Z^w>-2 h m O ,3 co Jw�ti OOCUQ�w ��OOIi Z SHEET 1 of 2 a LL coo w �L c-, = cc CC z o oLL Q. O ~ Z � � Q LL � SHEET 1 of 2 a LL