PROJECT MANUAL Springside Drive Stream Restoration and ...

PROJECT MANUAL

FOR

Springside Drive Stream Restoration

and Drainage Improvements

ARPA Project

VILLAGE PROJECT NO. 21-02

December 2021

VILLAGE OF CLEMMONS

Prepared by:

311-A South Main Street

Kernersville, NC 27285

License No. C-4123

TABLE OF CONTENTS

SECTION 1

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

Invitation to Bid

Instructions to Bidders

Federally Required Contract Clauses

Certification Regarding Lobbying

E-Verify

Iran Divestment Act Certification

Section 00300: Bid Proposal

Bid Proposal

Notice of Award

Acceptance of Notice

Section 00400: Unit Prices For Project Contingencies

Section 00500: Agreement (Contract)

Section 00600: Standard General Conditions of the Construction Contract

SECTION 2

TECHNICAL SPECIFICATIONS

Section 01000 Project Special Provisions

SP-1 General Provisions

SP-2 Erosion Control

SP-3 Permanent Seeding

SP-4 Control of Water

SP-5 Erosion Control Matting for Streambanks

SP-6 Comprehensive Grading

SP-7 Concrete Riser Structures

SP-8 Stone

SP-9 Filter Fabric

SP-10 In-Stream Structures

SP-11 Trenchless Installation (Bore & Jack) Twin 48” Steel Culvert Pipes

SP-12 Live Staking of Stream Banks

Section 02000 Clearing, Grading, and Excavation

Section 02480 Seeding and Mulching

Section 03000 Erosion Control

Section 04000 Construction Traffic Control

APPENDIX

Appendix-A Permit Documents

Appendix-B Geological Investigation Report

SECTION 1


INVITATION TO BID 00200-1

Village of Clemmons Springside Drive Stream Restoration and

Drainage Improvements ARPA Project

INVITATION TO BID Village of Clemmons

Clemmons, North Carolina

Date: January 6, 2022

Sealed bids will be received by the Village of Clemmons until February 11, 2022

at 10:00 a.m. at the Public Works office at 3800 Dillon Industrial Drive in Clemmons and thereafter

immediately opened and read publicly for the Springside Drive Stream Restoration and Drainage

Improvements ARPA Project, Village of Clemmons Project No. 21-02. The project is generally

described as follows:

This project will replace the pond outlet under Springside Drive with a box culvert. Work

will include the installation of a 6’ x 6’ precast reinforced concrete box culvert, upstream and

downstream concrete headwalls and wingwalls, an upstream gabion wall and filter stone structure for

controlling migration of sediment, and a boulder structure and riffle in the downstream channel.

Plans, Specifications and Contract documents may be seen during normal business hours at

the Village of Clemmons Stormwater Department, 3800 Dillon Industrial Drive, Clemmons, North

Carolina. Digital copies of the Plans and Project Manual, including contract documents, may be

obtained by contacting Amy Black at [email protected] or 336-996-9974 x 107. Hard-copy plan

sets and project manuals may be ordered and purchased from Sharpe Images in Winston-Salem (336-

724-2871).

An optional pre-bid meeting will be held at 10:00 AM on January 20, 2022 at the Public

Works office at 3800 Dillon Industrial Drive, Clemmons, NC.

All questions concerning this bid package or the scope of this work must be

submitted in writing (email) only by 12:00 Noon, January 26, 2022, to Amy Black: at

[email protected]. An Addendum, if needed, will follow.

The project will be funded by public funds from the Village, therefore; bidding, contract

award and bonding requirements shall conform to N.C Statutes for public facilities construction.

Minority firms are encouraged to submit proposals. Award will be made to the lowest, responsive,

responsible bidder unless all bids are rejected. All bid cost sheets must be signed by the owner or a

representative of the firm in order to be recognized as an acceptable bid. All line items must be

completed on the cost sheets. Failure to adhere to these requirements may deem the bid as

incomplete and it will be removed from the bid process. The Village of Clemmons reserves the right

to reject any or all bids.

Contractors offering a proposal on this project must be licensed to do the specified type of

contracting in the State of North Carolina. The Use of any sub-contractor on this project must be

approved by the Engineer. Any bidder that is currently in litigation with the Village will be

disqualified from bidding.

All bids shall include the required bid document sections, bound as it was presented

for bid, with applicable bidding information filled out. Do not remove sections and resubmit. Each

proposal shall be accompanied by a certified check or bid bond in the amount of not less than five

percent (5%) of the amount of the total of the itemized bid in the form and subject to the conditions

provided in the Instruction to Bidders.

Mike Gunnell, PE Director of Public Works / Village Engineer

mailto:[email protected]


INSTRUCTIONS TO BIDDERS 00250-1



INSTRUCTIONS TO BIDDERS

Each proposal shall be submitted in a sealed envelope on the printed form, or exact copies thereof, contained in the Contract Documents. These proposals shall be plainly marked:

“Springside Drive Stream Restoration and Drainage Improvements ARPA Project, Village of Clemmons Project No. 21-02”

The envelope shall also be marked with the Bidder’s name, address,

North Carolina contractor license number, and name and phone number of a contact person. All bids shall include the entire bid document Section 1, with applicable bidding information filled out. Do not remove sections and resubmit.

If mailed or delivered, the envelope shall show the date and time of the Bid Opening in order to guard against premature opening of the Bid. Addresses for Delivery of Bids:

US Postal Service Delivery

Attn: Mike Gunnell, PE Village of Clemmons Public Works Department 3800 Dillon Industrial Drive Clemmons, NC 27012

Attn: Mike Gunnell, PE Village of Clemmons Public Works Department 3800 Dillon Industrial Drive Clemmons, NC 27012

Bids submitted by facsimile shall not be accepted.

The Owner may consider non-responsive any Bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all Bids. Each proposal shall be accompanied by a Bid Bond payable to the Village of Clemmons for an amount of not less than five percent (5%) of the total amount bid; or in lieu of the Bid Bond, the bidder may offer a certified check in an amount of not less than five percent (5%) of the total amount bid. The Bids and bidder's bond or checks of all bidders may be held for a period of ninety (90) days pending award of the contract. Notification of award of contract shall be evidence of intent to contract and shall extend time for holding the contractor's bid surety for a time mutually agreed between the Village of Clemmons and the bidder. Each proposal is required to have a page providing references to include the company name, address, phone number, e-mail and contact name and position and a brief description of the type of work completed.




AWARDING CONTRACT “The Village of Clemmons, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Transportation (49 C.F.R., Part 21), issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the ground of race, color, or national origin”.

Evaluation of Bids 1. All spaces for lump sum and unit prices in the Bid Form shall be filled

in with a number. Spaces left blank will be evaluated as zero ($0.00). 2. Discrepancies between the multiplication of units of Work and Unit

Prices will be resolved in favor of the Unit Prices. 3. Discrepancies between the indicated sum of any column of figures and

the correct sum thereof will be resolved in favor of the correct sum. 4. Discrepancies between words and figures will be resolved in favor of

the words. This contract shall be subject to the formal bidding rules of NCGS 143-129(a). An award, if made in the discretion of the Village, will be made to the lowest responsible responsive bidder taking into consideration quality, performance, and the time specified in these bidding documents. The Owner will not consider any bid or award of Contract to any person, firm, or corporation who has defaulted in any obligation to the Owner or who, in the opinion of the Owner, failed to perform their work satisfactorily, either as to character or time. Any bidder that is currently in litigation with the Village will be disqualified from bidding A conditioned or qualified bid will not be accepted. Requirements for the submittal information will vary based on the complexity and importance of the product to the project as a whole. Submittals should be prepared in a concise and straightforward manner. Submittals shall clearly identify variances from the specifications. Products that clearly do not meet the requirements of the specifications and plans should not be submitted. Unless noted, products shall be the manufacturer's standard offering, with standard options. Incomplete submittals, or submittals received after the deadline, shall not be considered.




Submittals are to be delivered to the Engineer at the address indicated in the "Notice To Bidders". The Owner and Engineer shall review all submittals and issue an Addendum to all document holders no later than 7 days prior to the bid opening date, listing the approved products. Pre-approval of materials or equipment does not, in any manner, preclude the manufacturer from meeting the full requirements of the specifications, including any performance guarantees required, unless specific exceptions are noted in the pre-approval. No Post-Bid substitutions shall be permitted except as herein provided. A Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the contract price, with a corporate surety approved by the Village of Clemmons, will be required for the faithful performance of the contract. Bidders shall provide certification that performance and payment bond sureties are licensed in North Carolina. Add additional sheets, if needed. END OF SECTION 00250



FEDERALLY REQUIRED CONTRACT CLAUSES

Any contract(s) that may result from this bid for construction will be funded by a federal grant; there

fore “Contracts funded with federal grant funds must be procured in a manner that conforms with all

applicable Federal laws, policies, and standards, including those under the Uniform Guidance.

No Obligation by Federal Government

The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to

the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

FEDERAL TERMS AND CONDITIONS: The Parties shall comply with all applicable federal laws and

regulations that govern this agreement, without limitation and including federal provisions pursuant to 2

C.F.R. § 200.326 and 2 C.F.R Part 200, Appendix II (as applicable): Equal Employment Opportunity (41

C.F.R. Part 60; Copeland “AntiKickback” Act (40 U.S.C. 3145; Contract Work Hours and Safety Standards

Act (40 U.S.C. 3701-3708); Clean Air Act (42 US.C. 7401-7671q.) and the Federal Water Pollution Control

Act (33 U.S.C. 1251-1387; Debarment and Suspension (Executive Orders 12549 and 12689; Byrd Anti-

Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Material (2 C.F.R. § 200.322); and

Record Retention Requirements (2 CRF § 200.324). In addition to printed PO Terms & Conditions and the

ability to terminate due to cause/ convenience.

The following contract provisions are required under the Uniform Guidance, 2 C.F.R Part 200.317-

200.327 and Appendix II

Termination For Performance and Default:

If, though any cause, Contractor shall fail to fulfill in timely and proper manner the obligations under The

Contract, the Village shall have the right to terminate The Contract by giving written notice to the Vendor

and specifying the effective date thereof. In that event any or all finished or unfinished deliverable items

under The Contract prepared by the Contractor shall, at the option of the Village, become its property, and

the Contractor shall be entitled to receive just and equitable compensation for any acceptable work

completed as to which the option is exercised. Notwithstanding, Contractor shall not be relieved of liability

to the Village for damages sustained by the Village by virtue of any breach of The Contract, and The Village

may withhold any payment due the Contractor for the purpose of set off until such time as the exact amount

of damages due the Village from such breach can be determined. The Village reserves the right to require

at any time a performance bond or other acceptable alternative performance guarantees from a Vendor

without expense to the Village.

In the event of default by the Contractor, the Village may procure the goods and services necessary to

complete performance hereunder from other sources and hold the Contractor responsible for any excess

cost occasioned thereby. In addition, in the event of default by the Vendor under The Contract, or upon the

Vendor filing a petition for bankruptcy or the entering of a judgement of bankruptcy by or against the

Vendor, the Village may immediately cease doing business with the Vendor immediately terminate THE

Contract for cause, and may take action to debar the Vendor from doing future business with the Village.

Termination for Convenience:

If this contract contemplates deliveries or performance over a period of time, the Village may, for any

reason within its sole discretion, terminate this contract at any time by providing 60 days’ notice in writing

from the Village to the Contractor. In that event, any or all finished or unfinished deliverable items prepared



by the Contractor under this contract shall, at the option of the Village, become its property. If the contract

is terminated by the Village as provide in this section, the Village shall pay for those Items for which such

option is exercised, less any payment or compensation previously made.

Geographic Restrictions

The contractor agrees to refrain from using state or local geographic preferences, except those expressly

mandated or encouraged by Federal statue, such as in the acquisition of management, architectural and

engineering services provided a sufficient number of qualified firms are eligible to compete for the third-

party contract.

Civil Rights Compliance. Recipients of Federal financial assistance from the Treasury are required to

meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those

requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not

deny benefits or services, or other wise discriminate on the basis of race, color, national origin (including

limited English proficiency), disability, age, or sex (including sexual orientation and gender identity, in

accordance with the following authorities; Title VI of the Civil Rights Act of 1964 (Title VI) Public Law

88-352, 42 U.S.C. 2000d1 et seq., and the Department’s implementing regulations, 31 CFR part 22; Section

504 of the Rehabilitation Act of 1973 (Section 504). Public Law 93-112,

As amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title

1X), 20 U.S.C.1681 et seq., and the Department’s implementing regulations, 31 CFR part 28; Age

Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing

regulations at 31 CFR part 23.

Equal Employment Opportunity:

The following equal employment opportunity requirements apply to the underlying contract:

1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as

amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the CONTRACTOR

agrees to comply with all applicable equal employment opportunity requirements of U.S.

Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,

Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et seq ., (which implement

Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order

No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42

U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and

Federal policies that may in the future affect construction activities undertaken in the course of the

Project. The CONTRACTOR agrees to take affirmative action to ensure that applicants are

employed, and that employees are treated during employment, without regard to their race, color,

creed, national origin, sex, or age. Such action shall include, but not be limited to, the following:

employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or

termination; rates of pay or other forms of compensation; and selection for training, including

apprenticeship.

2. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as

amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the CONTRACTOR agrees

to refrain from discrimination against present and prospective employees for reason of age.

3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,

42 U.S.C. § 12112, the CONTRACTOR agrees that it will comply with the requirements of U.S.

Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment



Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of

persons with disabilities.

Disadvantaged Business Enterprises (DBE):

To the extent authorized by applicable federal laws, regulations, or requirements, the Recipient agrees to

facilitate, and assures that each Third-Party Participant will facilitate, participation by small business

enterprises owned and controlled by socially and economically disadvantaged individuals, also referred to

as

“Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as follows:

1. Small Business Act of 1953 and implemented in regulation at FAR 19.201(a) and follow the

policy of the Treasury Department to provide maximum practicable opportunities in its

acquisitions to small business, veteran-owned small business, service-disabled veteran-owned

small business, HUBZone small business, small disadvantaged business, and women-owned

small business concerns.

2. The following applies to this contract:

a. The contract is subject to the Small Business Act of 1953 and implemented in regulation

FAR 19.201 (a).

b. The contractor shall not discriminate on the basis of race, color, national origin, or sex

in the performance of this Contract. Failure by the contractor to carry out these

requirements is a material breach of this contract, which may result in the termination of

this contract or such other remedy as the Village of Clemmons deems appropriate. Each

subcontract the contractor signs with a subcontractor must include the assurance in this

paragraph.

c. The successful bidder will be required to report its DBE participation obtained through

race-neutral means throughout the period of performance.

d. The contractor is required to pay its subcontractors performing work related to this

contract for satisfactory performance of that work no later than 30 days after the

contractor’s receipt of payment for that work from the Village of Clemmons. In addition,

the contractor may not withhold retainage from its subcontractors.

e. The contractor must promptly notify the Village of Clemmons whenever a DBE

subcontractor performing work related to this contract is terminated or fails to complete

its work, and must make a good faith effort to engage another DBE subcontractor to

perform at least the same amount of work. The contractor may not terminate any DBE

subcontractor and perform that work through its own forces or those of an affiliate

without prior written consent of the Village of Clemmons.

Compliance with the Copeland “Anti-Kickback” Act

a. Contractor. The contractor shall comply with 18 U.S.C § 874, 40 U.S.C. § 3145, and the

requirements of 29 C.F.R. part 3 as may be applicable.

“Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by

any other manner whatsoever induces any person employee in the construction, prosecution,

completion or public building, public work, or building or work financed in whole or part by loans

and grants from the United States, to give up any part of the compensation to which he is entitled

under his contract of employment, shall be fined under this title or imprisoned not more than five

years, or both.”



b. Subcontracts. The contractor or subcontractor shall insert in the subcontracts the clause above. The

prime contractor shall be responsible for the compliance by any subcontractor or lower tier

subcontractor with all these contract clauses.

c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and

for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

Compliance with the Contract Work Hours and Safety Standards Act:

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work

which may require or involve the employment of laborers or mechanics shall require or permit any

such laborer or mechanic in any workweek in which he or she is employed on such work to work in

excess of forty hours in such workweek unless such laborer or mechanic receives compensation at

a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of

forty hours in such a workweek.

2. Violation: liability for unpaid wages; liquidated damages. In the event of any violation of the clause

set forth in (1) of this section the contractor and any subcontractor responsible therefore shall be

liable to the United States (in the case of work done under contract for the District of Columbia or

a territory, to such District or to such territory), for liquidated damages. Such liquidated damages

shall be computed with respect to each individual laborer or mechanic, including watchmen and

guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of

$26 for each calendar day on which such individual was required or permitted to work in excess of

the standard workweek of forty hours without payment of the overtime wages required by the clause

set forth in paragraph (1) of this section.

3. Withholding for unpaid wages and liquidated damages. The Village of Clemmons shall upon its

own action or upon written request of an authorized representative of the Department of Labor

withhold or cause to be withheld, from any moneys payable on account of work performed by the

contractor or subcontractor under any such contract or any other Federal contract with the same

prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and

Safety Standards Act, which is held by the same prime contractor, such sums as may be determined

to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and

liquidated damages as provided in the clause set forth in paragraph (2) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth

in paragraph 1-3 of this section and also a clause requiring the subcontractors to include these clauses

in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any

subcontractor or lower tier subcontractor with the clauses set for in paragraphs 1 though 4 of this

section

Clean Air Act

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant

to the Clean Air Act, amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to the Village of Clemmons and understands and

agrees that the Village of Clemmons will, in turn, report each violation as required to assure

notification to the Federal Emergency Management Agency, and the appropriate Environmental

Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontractor exceeding $150,000

financed in whole or in part with Federal assistance provided by American Rescue Plan Act.



Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant

to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The contractor agrees to report each violation to the Village of Clemmons and understands and

agrees that the Village of Clemmons will, in turn, report each violation as required to assure

notification to the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000

financed in whole or part with Federal assistance provided by American Rescue Plan Act.

Procurement of Recovered Materials

1. In the performance of this contract, the Contractor shall make use of products containing

recovered materials that are EPA-designated items unless the product cannot be acquired

a. Competitively within a timeframe providing for compliance with the contract performance

schedule

b. Meeting contract performance requirements; or

c. At a reasonable price.

2. Information about this requirement, along with the list of EPA designated items, is available at

EPA’s Comprehensive Procurement Guidelines web site,

https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program

3. The contractor also agrees to comply with all other applicable requirement so Section 6002 of the

Solid Waste Disposal Act.

Access to Records

1. The Contractor agrees to provide the Village of Clemmons, State of North Carolina, the US

Treasury, Comptroller General of the United States, or any of their authorized representatives access

to any books, documents, papers, and records of the Contractor which are directly pertinent to this

contract for the purposes of making audits, examinations, excerpts, and transcriptions.

2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever

or to copy excerpts and transcriptions as reasonably needed.

3. The Contractor agrees to provide, the Village of Clemmons, US Treasury or his authorized

representatives access to construction or other work sites pertaining to the work being completed

under the contract.

4. In compliance with the Disaster Recovery Act of 2018, the Village of Clemmons and the Contractor

acknowledge and agree that no language in this contract is intended to prohibit audits or internal

reviews by the US Treasury or the Comptroller General of the United States.

Domestic Preference Clause

As appropriate, and to the extend consistent with law, the Contractor should, to the greatest extent

practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods,

products, or materials produced in the United States (including, but not limited to iron, aluminum, steel,

cement, and other manufactured products). – For purposes of this clause, (i) “ produced in the United States

“ means iron and steel products, that all manufacturing processes, from the initial melting stage through the

application of coatings, occurred in the United States, and (ii) “ manufactured products” means items and

construction material composed in whole or in part of non-ferrous materials such as aluminum; plastics and

polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including

optical fiber; and lumber.

https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program



HUAWEI./ STB Ban

CF 200.216 Prohibition on certain telecommunications and video surveillance services or equipment. (a)

Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure

or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew

a new a contractor to procure or obtain equipment, services, or systems that uses covered telecommunication

equipment or services as a substantial or essential component of any system, or as critical technology as a

part of any system. As descripted in Public Law 115-232, section 889, covered telecommunication

equipment is telecommunication equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of

government facilities, physical security surveillance of critical infrastructure, and other national security

purposes, video surveillance and telecommunication equipment produced by Hytera Communications

Corporations, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any

subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by

such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services

produced or provided by an entity that the Secretary of Defense, in consultation with the Directory of the

National Intelligence or the Director of the Federal Bureau of Investigation reasonably believes to be an

entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b)

In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1),

heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding

and technical support to assist affected business, institutions and organizations as is reasonably necessary

for those affected entities to transition from covered communications equipment and services, to procure

replacement equipment and services, and to ensure that communication service to users and customers is

sustained. (c) See Public Law 115-232, section.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352

Contractors who apply or bid for any award of $100,000 or more shall file the required certification. Each

tier certifies to the tier above that it will not and has not used Federal appropriate funds to pay any person

or organization for influencing or attempting to influence an officer or employee of any agency, a Member

of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with

obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also

disclose any lobbing with non-Federal funds that takes place in connection with obtaining any Federal

award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the

certification(s) to the awarding agency.

See Required Certification. If applicable, contractors must sign and submit to the non-federal entity the

following certification. Appendix A.

Debarment, Suspension, Ineligibility and Voluntary Exclusion

The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement

Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of

Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and

Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of

$25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract

amount) and to each contract at any tier that must be approved by an US Treasury official irrespective of

the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors

are eligible to participate in this federally funded contract and are not presently declared by any Federal

department or agency to be:



a) Debarred from participation in any federally assisted Award;

b) Suspended from participation in any federally assisted Award;

c) Proposed for debarment from participation in any federally assisted Award;

d) Declared ineligible to participate in any federally assisted Award;

e) Voluntarily excluded from participation in any federally assisted Award; or

f) Disqualified from participation in ay federally assisted Award.

**By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later

determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in

addition to remedies available to the AGENCY, the Federal Government may pursue available remedies,

including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with

the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer

is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer

further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Authorized Signature

I, the undersigned, and authorized representative of _____________________________, whose address is __________________________________________________________________________, have read and thoroughly understand the Federal provisions as required by the use of funding from the American Rescue Plan Act, Coronavirus State and Local Government Fiscal Recovery Funds. Date: __________________________________ Signature: __________________________________ Printed Name: __________________________________ Title: __________________________________



CERTIFICATION REGARDING LOBBYING

(To be submitted with each bid or offer exceeding $100,000)

The undersigned certifies, to the best of his or her knowledge and belief, that:

(Contractor)

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons

for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or

employee of Congress, or an employee of a Member of Congress in connection with the awarding to any Federal

contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative

agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,

or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or

attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with this Federal contract, grant loan, or

cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report

Lobbying", in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on

Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: language in paragraph (2) herein has been modified in accordance

with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]

3. The undersigned shall require that the language of this certification be included in the award documents for all sub

awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements)

and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is placed when this transaction was made

or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed

by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required

certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such

failure.

[Note: Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or

amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 for each

such expenditure or failure.]

The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement

of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the

provisions of 31 U.S.C. Section A 3801 et seq., apply to this certification and disclosure, if any.

Date ____________ Signature of Contractor’s Authorized Official _________________________

Name and Title of Contractors Authorized Official ________________________________________

State of ______________

County of ______________

Subscribed and sworn to before me this day of , 20____

Notary Public

My Appointment Expires



E-Verify

STATE OF _________________ COUNTY OF __________________

I,_____________________________(the individual attesting below), being duly

authorized by and on behalf of_________________________ ("Employer") after first

being duly sworn hereby swears or affirms as follows:

1. Employer understands that E-Verify is the federal E-Verify program operated by the United

States Department of Homeland Security and other federal agencies, or any successor or

equivalent program used to verify the work authorization of newly hired employees pursuant to

federal law in accordance with NCGS §64-25(5).

2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an

employee to work in the United States, shall verify the work authorization of the employee

through E-Verify in accordance with NCGS§64-26(a).

3. Employer is a person, business entity, or other organization that transacts business in this State

and that employs 25 or more employees in this State. (Mark Yes or No)

a. YES , or

b. NO

4. Employer and Employer's subcontractors comply with E-Verify, and if Employer subsequently

retains any subcontractors on this project Employer will ensure their compliance with E-Verify.

This day of , 20___.

Signature of Affiant



IRAN DIVESTMENT ACT CERTIFICATION

N.C.G.S. 147-86.58

DIVESTMENT FROM COMPANIES BOYCOTTING ISRAEL

N.C.G.S. 147-86.80

The Village of Clemmons is prohibited from purchasing or entering into a contract with any company listed

on Iran Divestment List or Final Companies Boycotting Israel List posted on at.

https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-

Resources.aspx

Contractor hereby certifies that is not on the North Carolina State Treasurer’s list of persons engaging in

business activities in Iran, prepared pursuant to NCGS § G.S. 147-86.58, nor will contractor utilize on this

agreement any subcontractor on such list. This list, along with additional information about the Iran

Divestment Act, is available on the Treasurer’s Office site:

https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-

Resources.aspx

Contractor hereby certifies that it is not on the North Carolina State Treasurer’s list of companies engaged

in a boycott of Israel in violation of NCGS § 147-86-80 et.seq., and that it will not utilize on this agreement

any subcontractor on said list.

Signature Date

Printed Name Title Company Name

Notes to persons signing this form:

N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of North Carolina,

a North Carolina local government, or any other political subdivision of the State of North Carolina. The

certification is required at the following times:

• When a bid is submitted

• When a contract is entered into (if the certification was not already made when the vendor made

its bid)

• When a contract is renewed or assigned

https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx




BID PROPOSAL 00300-1



SECTION 00300 BID PROPOSAL (“Proposal”)

TO: THE VILLAGE OF CLEMMONS, NORTH CAROLINA (“Owner”) FROM: “BIDDER”

ADDRESS

DATE OF BID , 20

The Bidder hereby signifies that it is his/her/its intention and purpose to enter into a formal Contract with the Village of Clemmons, North Carolina, to furnish all labor, materials, tools, equipment, apparatus, supplies, and the like required, and to do all the work necessary, for and because of the construction, erection, and/or installation of the proposed “Project”:

Springside Stream Restoration and Drainage Improvements ARPA Project

for the Village of Clemmons, North Carolina in accordance with the Contract Documents, including Addenda thereto.** There is deposited, herewith, a certified check in the amount of: ____________________________________ Dollars ($_____________), or a Bid Bond, in the amount of five percent (5%) of the total aggregate amount of the Bid, made payable to the Owner, the same to be refunded to the Bidder under the conditions of and in accordance with the terms of this Proposal, which are as follows: THAT: The Bidder has carefully examined the Plans and Specifications and all other Contract Documents and fully understands them. Contractor acknowledges receipt of the following Addenda: ** Fill in appropriate Addenda number(s): Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated THAT: The Bidder has carefully examined the site of the Project and is familiar with the conditions under which the work, or any part thereof, is to be performed and the conditions which must be fulfilled in furnishing and/or installing, erecting or constructing any or all items of the Project. [Terms continued on the following page.]




THAT: The Bidder shall provide all necessary tools, machinery, equipment, apparatus, and all other means necessary to do all the work and shall furnish all labor, materials and all else required to complete such Contract as may be entered into, in the manner prescribed in and in accordance with the terms of the Specifications and the Contract and in accordance with the true intent and meaning thereof, and in accordance with the Plans and/or Drawings and the requirements of the Consulting Engineers under them, in a first class manner.

THAT: The rights of the Owner and the recommendations of the Consulting Engineers shall not be questioned in the Award of the Contract. THAT: It is the intention of the Owner to let contracts on the basis of the Bids received in accordance with G.S. 143-129 and in such manner as the Owner may deem to be for the best interests of the Owner. THAT: The Owner reserves the right to reject any or all proposals. THAT: The work under each Section will be awarded under one Contract and that the Owner shall have the right to include such item or items as the Owner may deem to be in the best interests of the Owner. THAT: On being awarded the Contract, the Bidder shall execute a Performance Bond and a Payment Bond, on the forms included herein, each equal to one hundred percent (100%) of the Awarded Contract Price (Contract Sum), as security for the faithful performance of the Contract. THAT: The Bidder shall submit, in the blank spaces provided, all data, guarantees and other information called for. THAT: The Bidder shall submit, herewith, drawings, or cuts and Specifications showing and describing in detail the equipment and/or apparatus which the undersigned proposes to furnish. THAT: This Proposal shall be signed and submitted in the manner prescribed in the Instructions to Bidders. THAT: Should this Proposal not be accepted by the Owner, the certified check, in the amount of: __________________________________________________________________________ Dollars ($_____________) or the five percent (5%) Bid Bond, as applicable, deposited herewith shall be returned to the Bidder. THAT: Should this Proposal be accepted by the Owner and the Bidder fail or neglect to execute the Contract and furnish the required Bonds within fifteen (15) days after receiving notifications of the acceptance of the Proposal and/or receipt of the formal Contract and Bond forms, the certified check, in the amount of: _________________________________________________ Dollars ($__________________________), or the Bid Bond, deposited herewith shall be retained by the Owner as liquidated damages, it being understood that the Owner reserves the right to extend the time allowed for executing the Contract and/or furnishing the Bond in its sole discretion. [Terms continued on the following page.]




THAT: The Bidder shall complete such Contract as may be entered into within the number of consecutive calendar days specified in the Contract from the date of the Notice to Proceed. THAT: The Bidder proposes to enter into a Contract in accordance with this Proposal, the Plans and Specifications and the Contract Documents included herein, for the prices shown on the following pages. THAT: The Bidder shall be required to submit a complete detailed itemized unit cost breakdown of the Bid Items on the Itemized Bid Proposal form in Section 00400 along with a computed Total Bid Price amount with this proposal. THAT: It is the intent of these Contract Documents to obtain a Contract based on Unit Prices with project awarded based upon the lowest qualified total bid based upon unit prices applied to the estimated quantities. Where a discrepancy exists between words and numbers in the Bid amount, the written words shall govern. Where a discrepancy exists between unit prices and mathematical computations in the Itemized Proposal, the unit prices and quantities in the Itemized Proposal shall govern. THAT: The successful bidder shall have all proper Bidder licenses and privilege licenses required under North Carolina state laws governing their respective trade(s). THAT: Notice to Proceed and project available shall occur within 30 days of award of contract by the Village Council.




BID PROPOSAL

GENERAL CONSTRUCTION FOR THE

Springside Drive Stream Restoration and Drainage Improvements ARPA Project

Village of Clemmons Project 21-02

(the “Project”)

LUMP SUM PROPOSAL

The lump sum bid proposal shall consist of the full completion of all work as described in the project construction plans and technical specifications, supplemented with any work item the contractor deems necessary to complete the project. TOTAL “BID” PRICE for the construction of the Project complete as indicated by the Contract Documents (in words and figures): __________________________________________________________________Dollars and __________________________Cents ($________________________)

Bidder_____________________________________ (Print)

Total Bid:____________________________________________________________________ (in words) (If Bidder is not an individual, enter entity name here)

By: ________________________________________________________ (Signature) NAME OF SIGNER: ___________________________________________ (Please Print or Type)

TITLE OF SIGNER:_________________________DATE: _____________ (Please Print or Type)




CERTIFIED LIST OF EQUIPMENT/MATERIAL MANUFACTURERS The Bidder, as part of the procedure for the submission of Bids on the Project, submits the following list of Equipment/Materials Manufacturers to be used in the performance of work to be done on said Project. The list of Manufacturers and all equipment/materials furnished shall be based on requirements of the Contract Documents. Changes to this list after the Bid opening shall only be as approved by the Owner upon request by the Bidder or as required by the Owner based upon review of Bidder’s submittals:

EQUIPMENT/MATERIALS MANUFACTURER It is understood and agreed that, if awarded a Contract, the Bidder shall not make any additions, deletions or substitutions to this certified list without the consent of the Owner. Failure to identify a manufacturer for any or all of the items listed shall constitute an entry of one of the manufacturers listed in its respective technical specification.




CERTIFICATION AFFIDAVIT THE ABOVE INFORMATION IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER UNDERSTAND AND AGREE THAT, IF AWARDED A CONTRACT, THIS CERTIFICATION SHALL BE ATTACHED THERETO AND BECOME A PART THEREOF. [If Bidder is not an individual, enter entity name here] By: (Signature)

NAME OF SIGNER: (Please Print or Type) TITLE OF SIGNER:________________________________ (Please Print or Type) DATE:




BID SECURITY: Accompanying this Proposal is a (1)__________________________________ in the amount of (2)____________________________________________________________________ Dollars ($_________________). NOTE: (1) Insert the words “bank draft,” “certified check,” “bid bond”, “cash”, or “cashiers

check”, as the case may be.

(2) Amount must be equal to at least five percent (5%) of the total Bid. BIDDER’S LICENSE: The Bidder certifies that (he/she/it) is licensed as a Bidder under the specific North Carolina state law regulating his/her/its particular trade and that the number of the license under which he/she/it now operates is_________________________________________. BIDDER’S CERTIFICATION AS TO ORGANIZATION AND AUTHORITY: The Bidder certifies that the Affidavit of Organization and Authority, like the other documents attached hereto, form an integral part of the Proposal, and the Bidder acknowledges that the Owner will rely on the information provided therein in reviewing the Proposal and awarding a Contract. LIQUIDATED DAMAGES: The Bidder agrees, further, that the Owner may retain those amounts indicated in the Contract from the amount of compensation due the Bidder, under the terms of the Contract, for each and every day that the work remains incomplete and/or unsatisfactory beyond the completion date(s) specified in the Notice to Proceed. This amount is agreed upon as the proper measure of liquidated damages the Owner will sustain, per day, by the failure of the Bidder to complete the work within the stipulated time, and it is not to be construed in any sense as a penalty. The Bidder shall not have or bring a claim against the Owner, or raise as a defense against the imposition of liquidated damages, other construction purportedly impeding Bidder’s progress or timely project completion.




(SIGNATURE PAGE) Dated , 20 .

(SEAL) Bidder—Legal Entity

By: (SEAL) (SIGN HERE)

SEAL-if corporation Printed Name Address ( ) Telephone No.

Subscribed and sworn to before me this day of , 20

Notary Public

My Commission Expires:




BID BOND This is a Bid Bond that is subject to the provisions of Article 3 of Chapter 44A of the North Carolina General statutes. This Bid Bond is executed on , 20 . The name of the PRINCIPAL is (1) (2) The name of the SURETY is The VILLAGE OF CLEMMONS, NORTH CAROLINA is the OWNER. The amount of the Bond is ____________________________________________ (Dollars) ($ ) KNOW BY ALL MEN BY THESE PRESENTS, the Principal and Surety above named are hereby held and firmly bound unto the above named OWNER hereinafter called the OWNER in the penal sum of the amount stated above in lawful money of the United States, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the OWNER a certain Bid Proposal, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the construction of:

Springside Culvert Replacement – Clemmons, NC as described by a document entitled “ Project Manual for Springside Culvert Replacement, Project No.20-04

dated, May 2021 by the Village of Clemmons NOW, THEREFORE

(a) If said Bid Proposal shall be rejected; or in the alternate, (b) If said Bid Proposal shall be accepted and the Principal shall execute and deliver a

Contract in the form of Contract attached hereto (properly completed in accordance with said Bid Proposal) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid Proposal, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly 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.




The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid Proposal; 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. ATTEST: (Principal) Secretary Principal (SEAL) BY: (3)

(Address)

Witness as to Principal

(Address) ATTEST: Surety N. C. Resident Agent By: (SEAL) (4)

(Name)

(Address)

(Phone Number)

Witness as to Surety (Address)

(1) Insert the correct name of Principal. (2) Insert whether the Principal is a corporation, a partnership, a limited liability

company or an individual. (3) If Principal is a partnership, all partners should execute the Bid Bond. If Bidder is

a limited liability company, all managers (or all members, if the company is member-managed) should execute the Bond.

(4) Provide contact name, address and phone number for bid bond surety.




POWER OF ATTORNEY

(Attach)




BIDDER’S CERTIFICATES AFFIDAVIT OF ORGANIZATION AND AUTHORITY

SWORN STATEMENT STATE OF ________________________________________) COUNTY OF _______________________________________) _________________________________________________________ being first duly sworn on oath deposes and says that the Bidder on the attached Bid Proposal is organized as indicated below and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them.

(Fill Out Applicable Paragraph) CORPORATION: The Bidder is a corporation organized and existing under the laws of the State of __________________________, it operates under the legal name of ____________________________________________________, and the full names of its officers are as follows:

President Secretary Treasurer Manager

and it does have a corporate seal. The is/are authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached. (Strike out this last phrase if not applicable.) PARTNERSHIP: The Bidder is a [limited/general] partnership consisting of individual/corporate partners as follows: General Partners Limited Partners The partnership does business under the name of : LIMITED LIABILITY COMPANY: The bidder is a [member-managed/manager-managed] limited liability company consisting of the following individual/corporate members/managers: Managers Members




INDIVIDUAL: The Bidder is an individual whose full name is: and if operating under a trade name, said trade name is as follows: The business address of the Bidder is: Its phone number is: The contact person for this Proposal is: Bidder By: Subscribed and sworn to before me this day of , 20 . Notary Public County My Commission Expires:




EQUAL EMPLOYMENT OPPORTUNITY ADDENDUM During the performance of the Contract the Bidder agrees as follows:

a. The Bidder shall not discriminate against any employee or applicant because of race, color, religion, sex, or national origin. The Bidder shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.

b. The Bidder shall, in all solicitations or advertisements for employees placed by or on

behalf of the Bidder, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

c. The Bidder will not discharge of in any other manner discriminate against any

employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicant as part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Bidder’s legal duty to furnish information.

d. The Bidder shall send to each labor union or representative of workers with which he

has a collective bargaining agreement or other contract understanding, a notice, to be provided, advising the labor union or worker’s representative of the Bidder’s commitments under the Equal Employment Opportunity Section of the Contract, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. The Bidder will comply with all provision of Executive Order 11246 of September 24,

1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. The Bidder will furnish all information and reports required by Executive Order 11246

of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g. In the event of the Bidder’s noncompliance with the nondiscrimination clauses of the

Contract or with any of such rules, regulations, or orders, the Contract may be




canceled, terminated, or suspended in whole or in part and the Bidder may be declared ineligible for further OWNER contracts.

h. The Bidder will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,

https://www.law.cornell.edu/definitions/index.php?width=840&amp%3Bheight=800&amp%3Biframe=true&amp%3Bdef_id=22edf9acbb0b836eba994727b86adedf&amp%3Bterm_occur=16&amp%3Bterm_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4




guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.




(Use the following form for execution by a CORPORATION): Corporate Name ATTEST: BY: (Assistant) Secretary (Vice) President (CORPORATE SEAL) (Use the following form for execution by a PARTNERSHIP): (SEAL) Partnership Name BY: (SEAL) General Partner (Use the following form for execution by a LIMITED LIABILITY COMPANY): (SEAL) Company Name BY: (SEAL)

Manager/Member (Use the following form for execution by an INDIVIDUAL): BY: (SEAL) WITNESS: Subscribed and sworn to before me this day of , 20 . Notary Public County My Commission Expires:




AFFIDAVIT OF

STATEMENT OF NON-COLLUSIVE State of ) ) ss. County of ) _______________________________________________________being first duly sworn, deposes and says that: (1) He/she is the

(Owner, Partner, Officer, Representative or Agent) of __________________________________________________, the BIDDER that has submitted the attached BID PROPOSAL;

(2) He is fully informed respecting the preparation and contents of the attached BID

PROPOSAL and of all pertinent circumstances respecting such BID PROPOSAL; (3) Such BID PROPOSAL is genuine and is not a collusive or sham BID PROPOSAL; (4) Neither the said BIDDER nor any of its officers, partners, owners, agents,

representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other BIDDER, firm, or person to submit a collusive or sham BID PROPOSAL in connection with the Contract for which the attached BID PROPOSAL has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER, firm, or person to fix the price or prices in the attached BID PROPOSAL or of any other BIDDER, or to fix any overhead, profit, or cost elements of the BID PROPOSAL price or the BID PROPOSAL price of any other BIDDER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against The Village of Clemmons, or any person interested in the proposed Contract;

(5) The price or prices quoted in the attached BID are fair and proper and are not tainted by

any collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit.

BIDDER BY ITS

(Title) Subscribed and sworn to before me this day of , 20 . My commission expires




END OF AFFIDAVIT




Village of Clemmons AFFIDAVIT A AFFIDAVIT of Intent to Perform Contract with Own Workforce.

County of FORSYTH

Affidavit of (Name of Bidder)

I hereby certify that it is our intent to perform a minimum of ____ % of the work required for the contract.

(Name of Project)

In making this certification, the Bidder states that the Bidder does not customarily subcontract substantial elements of work for this type project, and normally performs and has the capability to perform and will perform substantial elements of the work on this project with his/her own current work forces; and

The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained. Date: Name of Authorized Officer: Signature:

Title: State of North Carolina, County of _

Subscribed and sworn to before me this day of 20___

Notary Public

My commission expires

SEAL




NONDISCRIMINATION CLAUSE

It is specifically agreed as part of the consideration of the signing of this Bid Proposal, and the resulting execution of a Contract, that the parties hereto, their agents, officials, employees or servants shall not discriminate in any manner on the basis of age, handicap, race, color, creed, gender, religious affiliation, or national origin with reference to the subject matter of the Contract, no matter how remote.

This provision, being incorporated for the benefit of the Village of Clemmons and its residents, may be enforced as set out in the ordinances of the Village of Clemmons, enforcement of this provision shall be by action for specific performance, injunctive relief, or other remedy as by law provided.

This provision shall be binding on the successors and assigns of the parties hereto with reference to the subject matter of the Contract. (Use the following form for signatures by a CORPORATION):

Corporate Name ATTEST: BY:

(Assistant) Secretary (Vice) President

(Printed Name) (Printed Name) (Corporate Seal) (Use the following form for signatures by a PARTNERSHIP): (SEAL)

WITNESS Partnership Name BY: (SEAL)

(Printed Name) General Partner




(Use the following form for signatures by a LIMITED LIABILITY COMPANY): (SEAL)

WITNESS Company Name BY: (SEAL)

(Printed Name) Manager/Member (Use the following form for signatures by an INDIVIDUAL): (SEAL)

(Printed Name) WITNESS (Printed Name)

Subscribed and sworn to before me this day of , 20 . Notary Public County My Commission Expires:




NOTICE OF AWARD TO: CONTRACTOR/BIDDER: ADDRESS: FROM: OWNER: Village of Clemmons

Public Works Department Clemmons, North Carolina

PROJECT:

Springside Culvert Replacement – Clemmons, NC Project No. 20-04_

You are hereby notified that the Owner has considered the Bid Proposal submitted by you for the above-described project in response to its Notice to Bidders dated . It appears that it is to the best interest of said Owner to accept your Bid Proposal in the amount of: Dollars ($ ). You are therefore hereby notified that your Bid Proposal has been accepted for The Bidder is required by as a condition of its Award of the Contract to execute and deliver the formal Contract with the Owner and to furnish the required Bidder’s Performance and Payment Bonds within fifteen (15) days from the date of the delivery of this Notice to you. If you fail to execute said Contract and to furnish said Bonds within fifteen (15) days from the date of delivery of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Bid Proposal as abandoned and to award the work covered by your Bid Proposal to another bidder, or to readvertise the work or otherwise dispose thereof as the Owner may see fit. Dated this ___________day of ____________________________________, 20____.

Village of Clemmons, North Carolina

By:

Title:




ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged this _________day of _________________________________, 20_____. Bidder

By:

Title:

- END OF SECTION 00300 -

UNIT PRICES FOR PROJECT CONTINGENCIES 00400-1



SECTION 00400

UNIT PRICES FOR PROJECT CONTINGENCIES

A unit price is an amount stated in the Construction Agreement as a price per unit of measurement for

materials or service and shall be added to the Lump Sum Contract by change order in the event that

unforeseen project conditions require one or more of these work items. All payments additional to the

Lump Sum Contract are subject to pre-approval of Engineer upon notification of encountered conditions.

The Contractor proposes to accomplish the items listed below, as described in the Technical

Specifications, at the unit prices shown:

Item Description of Work Quantity Unit Unit Price

1 Undercut per NCDOT Specification 1 CY

2 Rock Excavation per NCDOT Specification 1 CY

3 Erosion Control Matting (Stream Banks) 1 SY

4 Erosion Control Matting (Permanent Ditch) 1 SY

5 48” Welded Steel Pipe (ASTM A-139, 0.5” Thick) 1 LF

6 Stone, NCDOT CL I 1 TN

7 Stone, NCDOT CL B 1 TN

8 Stone NCDOT CL A 1 TN

9 Small Boulders 1 TN

10 Foundation Conditioning Material 1 TN

11 Filter Fabric, NCDOT Type 2 1 SY

12 Live Staking 1 SY

13 Asphalt Base Course, B25.0B or B25.0C 1 SY

14 Asphalt Surface Course, S9.5B or S9.5C 1 SY


AGREEMENT 00500-1



SECTION 00500

AGREEMENT (CONTRACT)

INSTRUCTIONS TO CONTRACTORS AND

REQUIREMENTS AS TO FORM FOR VILLAGE OF CLEMMONS, NC AGREEMENTS

DO NOT REMOVE FROM AGREEMENT

Please observe the following in executing the attached Agreement:

1. The Owner may contract with four types of legal entities.

(a) If the Agreement is with an individual, that individual should sign the Agreement exactly as

his/her name is set out. If the Agreement is with an individually-owned business, the

Agreement should be with the individual owner, and not the named business.

(b) Execution on behalf of a corporation should be by the president or a vice president, attested

by the corporate secretary, with the corporate seal affixed. An official other than president or

vice president should attach documentation of his/her authority to execute and bind the

corporation.

(c) If the Agreement is with a partnership, all general partners of the partnership should execute

the Agreement unless an authorized partner is designated to execute, in which case

documentation of such authorization should be attached.

(d) If the Agreement is with a limited liability company, all managers of the limited liability

company should execute the Agreement. If the limited liability company is member-

managed, all members should sign the Agreement . If only certain manager(s) or member(s)

of the limited liability company are authorized to execute the Agreement, documentation of

such authorization should be attached.

2. After signing the Agreement, the appropriate notary’s acknowledgement, in the individual, corporate

or partnership form should be completed.

3. The Performance Bond and Payment Bond should be attached to the Agreement package. They

should be signed by the Contractor, and its signature should be acknowledged with the appropriate

acknowledgement form. Next, the Bonds, in approved form, must be signed by the authorized agent

of the Surety Company issuing the Bonds, and an executed Power of Attorney document authorizing

the agent to sign must accompany the Bond Documents.

4. The Agreement and Bonds should not be dated, except by the last person executing the Agreement,

normally the Village Clerk.

5. The Bid Form and all other documents submitted with the Bid shall be included with the Agreement.

6. Bid Proposal: Complete the Acceptance of Notice section on the last page of this document.

7. Page 00500-3: Fill in the Contractor name and address.

AGREEMENT 00500-2



8. Pages 00500-6 through 00500-9: Choose the appropriate signature page and complete it in its

entirety.

9. Pages 00500-10 through 00500-15: Complete in their entirety.

10. Page 00500-17: Certificate of Insurance. The General Conditions of the Contract, as modified by

the Supplementary Conditions and the Special Conditions, require the Certificate of Insurance to

include the Indemnification Agreement on the reverse side of the Certificate. All parties required to

be named as additional insured parties by the Contract Documents in connection with the attached

Agreement shall be named on the Certificate of Insurance for each policy.

11. Most Certificates of Insurance state under the cancellation clause that “the issuing company will

endeavor to mail 30 days written notice to the ...” and “but failure to mail such notice shall impose

no obligation or liability of any kind upon the Company, its agents or representatives”. If your

certificate states this, the words “endeavor to” and “but failure to mail such notice shall impose no

obligation or liability of any kind upon the Company, its agents or representatives” must be stricken

in order to comply with the Contract Documents.

12. Four copies of the Agreement are sent to the Contractor. The original and duplicates should be

signed and returned to the Engineer for signature by the Owner, after which one duplicate will be

returned to the Contractor and one copy will be sent to the Contractor’s Bonding Company(ies).

13. Failure to fully complete all four sets of the Agreement will cause delays in the approval by the

Owner and therefore delay the issuance of the Notice to Proceed.

AGREEMENT 00500-3



AGREEMENT

This Agreement (the “Agreement ”) is made this ___ day of________________, in the year 20___, by

and between the Village of Clemmons, North Carolina, (the “Owner”) and

________________________________ of ______________________________________________, (the

“Contractor”).

WITNESSETH

THAT, WHEREAS, an Award of Contract (the “Award”) for:

Springside Drive Stream Restoration and Drainage Improvements ARPA Project – Clemmons, NC

Project No.21-02

as prepared by LJB Inc. (hereinafter called “Engineer’s Consultant”), has recently been awarded to the

Contractor by the Owner.

AND WHEREAS, the work to be performed by the Contractor or its subcontractors, and the labor,

materials, equipment, apparatus, and supplies to be provided in connection therewith (collectively, the

“Work”) is more particularly described in the Proposal (the “Proposal”) attached hereto.

AND WHEREAS, the aggregate cost of the Work (referred to as either the “Contract Price” or the

“Contract Sum”) and the individual prices and rates of the various components of the Work that together

comprise the Contract Price, are more particularly described in the Proposal.

AND WHEREAS, it was one of the conditions of said Award that a formal contract should be executed

by and between the Owner and the Contractor, evidencing the terms of said Award.

NOW THEREFORE, THIS AGREEMENT FURTHER WITNESSETH THAT the Owner and the

Contractor represent, warrant, covenant and agree as follows:

It is agreed and understood that the terms and conditions of the following documentation of are a part of

and parcel to this Agreement to the same extent as if incorporated herein in full:

Standard General Conditions of the Construction Contract (EJCDC Document No. C-700, 2018

edition), 2018 NCDOT Standard Specifications for Roads and Structures, the construction plan set

titled, “Springside Drive Stream Restoration and Drainage improvements ARPA Project”, dated

December 9, 2021, and the additional information contained herein as part of the Project Manual for

Springside Drive Stream Restoration and Drainage Improvements ARPA Project, dated December

2021.

The Contract Price is that total amount listed on page 0400-3 as a “Total Bid,” subject to quantity

adjustments made in the field and approved by the Engineer.

The Contractor hereby covenants and agrees with the Owner that it will, for a sum equal to the Contract

Price, well and faithfully perform, provide and execute the Work in accordance with each and every one

of the conditions, covenants, stipulations, terms and provisions contained in the Notice to

Bidders/Invitation to Bid, the Instructions to Bidders, the Proposal, the Plans, the Specifications, the

General Conditions and the Contract Documents (as that term is defined in the General Conditions), all of

which are a part of and parcel to this Agreement to the same extent as if incorporated herein in full.

AGREEMENT 00500-4



And the Owner does hereby covenant and agree with the Contractor that it will pay to the Contractor,

when due and payable under the terms of the Contract Documents and the Award, the Contract Price, and

that it will well and faithfully comply with and perform each and every obligation imposed upon it by

said Contract Documents and the terms of said Award.

The Contractor shall commence the Work on the commencement date specified in a written order of the

Owner (the “Notice to Proceed”). The Work described to be completed in these contract documents, with

the exception of permanent seeding and planting, shall be completed within 300 CONSECUTIVE

CALENDAR DAYS of the commencement date specified in the Notice to Proceed (such deadlines being

referred to herein and in the Contract Documents as the “Contract Time” or the “Contract Times”). In the

event that the Work is not completed to the standards and degrees required by the Contract Times, or

either of them, liquidated damages shall be assessed against the Contractor for each day of delay as

described herein below.

The remainder of the work (permanent seeding and planting) shall be completed within 360_

CONSECUTIVE CALENDAR DAYS of the commencement date specified in the Notice to Proceed so

that it is ready for final payment, as evidenced by the Engineer’s or the Architect’s written

recommendation.

LIQUIDATED DAMAGES

The parties recognize and acknowledge that Owner will suffer financial losses if the Work is not

completed as required within the Contract Times. They also recognize and acknowledge that the damages

caused by the contractor’s delays are difficult to ascertain and that the expense and difficulty to both

parties in proving or contesting the amounts of those losses would be substantial. Instead of requiring

proof of those amounts, it is agreed that Contractor shall be liable for and shall pay owner the following

amounts under owner’s damages, and engineering charges, all as liquidated damages, and not as a penalty

in the event the Work remains incomplete at the end of the contract time specified in the Notice to

Proceed.

The Contractor agrees further that the Owner may retain those amounts indicated below from the amount

of Compensation due the Contractor for each day that the work remains incomplete beyond the

completion date specified in the Notice to Proceed. Payment by the Owner to the Contractor in lieu of

retainage does not constitute a waiver by the Owner. This amount is agreed upon as the proper measure

of liquidated damages the Owner will sustain, per day, by the failure of the undersigned to complete the

work within the stipulated time, and it is not to be construed, in any sense, as a penalty. The parties agree

this is a reasonable amount.

No Contractor shall have a claim against the Owner as a result of a third party’s lack of progress or

project completion.

Contract

Owner’s

Damages

Engineering

Charges

Total

Liquidated Damages

Substantial Completion

300 Days from Notice to Proceed

_$300 /day $200 /day $500_/day

Final Completion

360 Days from Notice to Proceed

_$300 /day $200 /day $500_/day

Payment of the charges described herein shall not excuse or relieve the Contractor for any other liability

under the Contract Documents for delay in the progress schedule of the Work, and all other penalties

AGREEMENT 00500-5



imposed on the Contractor and remedies available to the Owner under the Contract Documents shall

remain in full force and effect.

IN WITNESS WHEREOF, said Contractor and Owner, being duly authorized, have caused these presents

to be signed in their names as of the day and year first above written.

ATTEST: VILLAGE OF CLEMMONS,

a North Carolina municipality

By: By:

Name: Lisa Shortt Name: Scott Buffkin

Title: Village Clerk Title: Village Manager

(SEAL)

STATE OF ______________________

COUNTY OF ____________________

I, _________________________________, a Notary Public of __________________ County,

State of ____________________________, do hereby certify that ________________ personally came

before me this day and acknowledged that he/she is the Village Clerk of the Village of Clemmons, a

North Carolina municipality, and that, by authority duly given and as the act of the corporation, the

foregoing instrument was signed in its name by its Village Manager, sealed with its seal, and attested by

himself/herself as its Village Clerk.

Witness my hand and official seal, this the _____ day of ______________, 20___.

Notary Public

My Commission Expires: ________________

[OFFICIAL SEAL]

FINANCE OFFICER’S CERTIFICATION STATEMENT

“This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal

Control Act.”

_______________ ________________

Date Finance Officer

[Contractor’s Signature, if individual(s)]

AGREEMENT 00500-6



CONTRACTOR:

(SEAL)

(SEAL)

(SEAL)

STATE OF ___________________

COUNTY OF _________________

I, ____________________________________, a Notary Public of ______________ County,

State of _______________________________, do hereby certify that ____________________________

personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal, this the _____ day of _____________, 20__.

Notary Public

My Commission expires: __________________

[OFFICIAL SEAL]

IMPORTANT

NOTE: If Contractor is an individual, his/her signature shall be placed above. The signature of the

Contractor shall also be acknowledged before a Notary Public or other person authorized by law to

execute such acknowledgment.

AGREEMENT 00500-7



[OR: Contractor’s Signature, if a corporation]

CONTRACTOR:

___________________________________

a _________________ corporation

ATTEST:

__________________________________ By:_________________________________

_________ Secretary Name: ______________________________

(SEAL) Title: __________ President

STATE OF _________________

COUNTY OF _______________

I, ________________________________, a Notary Public of ____________ County, State of

___________________________________, do hereby certify that ____________________ personally

came before me this day and acknowledged that he/she is ___________ Secretary of

______________________, a _______________________ corporation, and that, by authority duly given

and as the act of the corporation, the foregoing instrument was signed in its name by its

______________________ President, sealed with its corporate seal, and attested by himself/herself as its

______________ Secretary.

Witness my hand and official seal, this the _____ day of __________________, 20__.

Notary Public


[OFFICIAL SEAL]

IMPORTANT

NOTE: If the Contractor is a Corporation, the legal name of the Corporation shall be set forth above,

together with the signature of the officer or officers authorized to sign Contracts on behalf of the

Corporation. If the signature is by an agent other than an authorized officer of the Corporation, a

Resolution must be attached hereto. The signature of the Contractor shall also be acknowledged before a

Notary Public or other person authorized by law to execute such acknowledgment.

AGREEMENT 00500-8



[OR: Contractor’s Signature, if a partnership]

CONTRACTOR:

__________________________________,

a [general/limited] partnership (SEAL)

By:__________________________(SEAL)

Name:

Title: General Partner

STATE OF _______________________

COUNTY OF _____________________

I, __________________________, a Notary Public of _______________ County, State of

___________________________, do hereby certify that ______________________, General Partner of

______________________________, a _______________________ [general/limited] partnership,

personally appeared before me this day and acknowledged the due execution of the foregoing instrument

as his/her act and deed and as the act and deed of the partnership.

Witness my hand and official seal, this the ______ day of ___________________, 20__.

Notary Public

My Commission Expires: ________

[OFFICIAL SEAL]

IMPORTANT

NOTE: If Contractor is a partnership, the true name of the firm shall be set forth above, together with the

signatures of all the general partners. If the signature is by an agent other than a general partner, a



AGREEMENT 00500-9



[OR: Contractor’s Signature, if a limited liability company]

CONTRACTOR:

___________________________________,

a limited liability company (SEAL)

By: (SEAL)

Name: _________________________

Title: Member/Manager

STATE OF _________________________

COUNTY OF _______________________

I, _________________________________, a Notary Public of _______________ County, State

of _______________________________, do hereby certify that ____________________ a

[Member/Manager] of _______________________, a ______________________ limited liability

company, personally appeared before me this day and acknowledged the due execution of the foregoing

instrument as his/her act and deed and as the act and deed of the company.

Witness my hand and official seal, this the _____ day of ______________, 20___.

Notary Public


[OFFICIAL SEAL]

IMPORTANT

NOTE: If Contractor is a limited liability company, the true name of the firm shall be set forth above,

together with the signatures of all the managers. If the signature is by an agent other than all of the

managers of the limited liability company (or all of the members, if the company is member-managed), a



AGREEMENT 00500-10



PERFORMANCE BOND

This Bond is executed on ______________________________________________, 20___.

The name of the PRINCIPAL is________________________________________________(1)

a ______________________________________________(2)

The name of the SURETY is

The VILLAGE OF CLEMMONS, NORTH CAROLINA is the CONTRACTING BODY.

The amount of the Bond is____________________________________________________

___________________________________Dollars ($______________________________)

KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are

held and firmly bound unto the above named CONTRACTING BODY, hereinafter called the

“Contracting Body”, in the penal sum of the amount stated above 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, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal entered into a certain

Agreement with the Contracting Body, dated the ____day of _____________, 20___ for work described

by Plans and Specifications prepared by Village of Clemmons, herein called and referred to as the

“Engineers”, a copy of said Agreement is hereto attached and made a part hereof for the construction of:

Springside Drive Stream Restoration and Drainage Improvements ARPA Project –

Clemmons, NC as described by a document entitled Project Manual for Springside Drive

Stream Restoration and Drainage Improvements ARPA Project, Project No. 21-02,

dated December 2021 by LJB Inc.

NOW THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings,

covenants, terms, conditions, and agreements of said Agreement during the original term of said

Agreement and any extensions thereof that may be granted by the Contracting Body, with or without

notice to the Surety, and during the life of any guaranty required under the Agreement, and shall also well

and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and

all duly authorized modifications of said Agreement that may hereafter be made, notice of which

modifications to the SURETY being hereby waived, then, this obligation is to be void; otherwise it shall

remain in full force and virtue.

AGREEMENT 00500-11



IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several

seals on the date indicated above, the name and seal of each corporate party being hereto affixed and

these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

ATTEST:

(Principal) Secretary Principal

(SEAL)

By: (3)

(Address)


(Address)

Surety

By: (4)

(Name)

ATTEST:

(Address)

By:

[N.C. Resident Agent] (Phone Number)

(SEAL)

Witness as to Surety

(Address)

NOTE: Date of Bond must not be prior to date of Agreement.

(1) Insert the correct name of Contractor.

(2) Insert whether the Contractor is a corporation, a partnership, a limited liability

company or an individual.

(3) If Contractor is a partnership, all general partners should execute the Bond. If

Contractor is a limited liability company, all managers (or all members, if the

company is member-managed) should execute the Bond .

(4) Provide contact name, address and phone number for performance bond surety.

AGREEMENT 00500-12



PAYMENT BOND

This Bond is executed on , 20__.

The name of the PRINCIPAL is (1)

a (2)

The name of the SURETY is

The VILLAGE OF CLEMMONS, NORTH CAROLINA is the CONTRACTING BODY.

The amount of the Bond is

______________________________________________________Dollars ($________________)

KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are

held and firmly bound unto the above named CONTRACTING BODY, hereinafter called the

“Contracting Body”, in the penal sum of the amount stated above 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, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal entered into a certain

Agreement with the Contracting Body, dated the ____day of _____________, 20___ for work described

by Plans and Specifications prepared by Village of Clemmons, herein called and referred to as the

“Engineers”, a copy of said Agreement is hereto attached and made a part hereof for the construction of:

Springside Drive Stream Restoration and Drainage Improvements ARPA Project –

Clemmons, NC as described by a document entitled Project Manual for Springside Drive

Stream Restoration and Drainage Improvements ARPA Project, Project No. 21-02,

dated December 2021 by LJB Inc.

NOW THEREFORE, if the Principal shall promptly make payment to all persons supplying labor and

material in the prosecution of the work provided for in said Agreement, and any and all duly authorized

modifications of said Agreement that may hereafter be made, notice of which modifications to the

SURETY being hereby waived, then this obligation is to be void; otherwise it shall remain in full force

and virtue.

AGREEMENT 00500-13



IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several

seals on the date indicated above, the name and corporate seal of each corporate party being hereto

affixed and these presents duly signed by its undersigned representative, pursuant to authority of its

governing body.

ATTEST:

_______________________________________

(Principal) Secretary Principal

(SEAL)

By: (3)

(Address)


(Address)

Surety

By:_________________________________(4)

(Name)

ATTEST:

(Address)

By:

[N.C. Resident Agent] (Phone Number)

(SEAL)

Witness as to Surety

(Address)

NOTE: Date of Bond must not be prior to date of Agreement.

(1) Insert the correct name of the Contractor.

(2) Insert whether the Contractor is a corporation, a partnership, a

limited liability company or an individual.

(3) If Contractor is a partnership, all general partners should execute

the Bond. If Contractor is a limited liability company, all

managers (or all members, if the company is member-managed)

should execute the Bond.

(4) Provide contact name, address and phone number for payment

bond surety.

AGREEMENT 00500-14



AFFIDAVIT

(To be attached to all Agreements)

STATE OF )

) SS

COUNTY OF )

____________________________________________being first duly sworn on oath deposes and says

that s/he is ____________________________________________(attorney-in-fact or agent) of

____________________________________(bonding company) surety on the attached Agreement on

__________________________________________________________________________executed by

______________________________________________________(Contractor).

Affiant further deposes and says that no officer, official or employee of the Owner has any interest

directly or indirectly, or is receiving any premium, commission fee or other thing of value on account of

the same or furnishing of the Bond, undertaking or Contract of Indemnity, Guaranty, Suretyship in

connection with the above mentioned Agreement.

Signed_________________________________

Subscribed and sworn to before me this ____ day of ___________, 20___.

(Notary Public,_______________________________County,_______________________)

My Commission Expires

AGREEMENT 00500-15



RESOLUTION OF CONTRACTOR’S PARTNERS, MANAGERS OR MEMBERS

(Attach if necessary)

AGREEMENT 00500-16



CERTIFICATE OF INSURANCE

(Attach)

[See the General Conditions for specific requirements.]

AGREEMENT 00500-17



NOTICE TO PROCEED

TO: CONTRACTOR:

ADDRESS:

FROM: Mike Gunnell, PE

Director of Public Works / Village Engineer

OWNER: Village of Clemmons

3800 Dillon Industrial Drive

Clemmons, North Carolina 27012

PROJECT: Springside Drive Stream Restoration and Drainage

Improvements ARPA Project – Clemmons, NC

PROJECT NO.: 21-02

CONTRACT PRICE/SUM: $

You are hereby notified to commence Work on the referenced project on or before _____________, 20__

(the “Commencement Date”), and are to finally and fully complete the Work within 120

CONSECUTIVE CALENDAR DAYS of the Commencement Date. Your Contract final completion

date is therefore _________________, 20___.

The Agreement provides for assessment of liquidated damages for each consecutive calendar day after the

above established completion date that the Work remains incomplete to the standard and degree required.

ENGINEER/ARCHITECT:

By:

Name:

Title:

Date:_________________________________


STANDARD GENERAL CONDITIONS 00600-1



SECTION 00600


See following pages from Engineers Joint Contract Documents Committee

EJCDC® C‐700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.


Prepared By

Endorsed By


and American Society of Civil Engineers. All rights reserved.

Copyright© 2018

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314‐2794

(703) 684‐2882

www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347‐7474

www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191‐4400

(800) 548‐2723

www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.


and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 2

GUIDELINES FOR USE OF EJCDC® C‐700, STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

1.0 PURPOSE AND INTENDED USE OF THE DOCUMENT

EJCDC® C‐700, Standard General Conditions of the Construction Contract (2018), is the foundation document for the EJCDC Construction Series. The General Conditions define the basic rights, responsibilities, risk allocations, and contractual relationship of the Owner and Contractor, and establish how the Contract is to be administered.

2.0 OTHER DOCUMENTS

EJCDC documents are intended to be used as a system and changes in one EJCDC document may require a corresponding change in other documents. Other EJCDC documents may also serve as a reference to provide insight or guidance for the preparation of this document.

These General Conditions have been prepared for use with either EJCDC® C‐520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price), or EJCDC® C‐525, Agreement Between Owner and Contractor for Construction Contract (Cost‐Plus‐Fee) (2018 Editions). The provisions of the General Conditions and the Agreement are interrelated, and a change in one may necessitate a change in the other.

To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC® C‐800, Supplementary Conditions of the Construction Contract (2018).

The full EJCDC Construction series of documents is discussed in the EJCDC® C‐001, Commentary on the 2018 EJCDC Construction Documents (2018).

3.0 ORGANIZATION OF INFORMATION

All parties involved in a construction project benefit significantly from a standardized approach in the location of subject matter throughout the documents. Experience confirms the danger of addressing the same subject matter in more than one location; doing so frequently leads to confusion and unanticipated legal consequences. Careful attention should be given to the guidance provided in EJCDC® N‐122/AIA® A521, Uniform Location of Subject Matter (2012 Edition) when preparing documents. EJCDC® N‐122/AIA® A521 is available at no charge from the EJCDC website, www.ejcdc.org, and from the websites of EJCDC’s sponsoring organizations.

If CSI MasterFormat™ is used for organizing the Project Manual, consult CSI MasterFormat™ for the appropriate document number (e.g., under 00 11 00, Advertisements and Invitations), and accordingly number the document and its pages.

4.0 EDITING THIS DOCUMENT

Remove these Guidelines for Use. Some users may also prefer to remove the two cover pages.

Although it is permissible to revise the Standard EJCDC Text of C‐700 (the content beginning at page 1 and continuing to the end), it is common practice to leave the Standard EJCDC Text of C‐700 intact and unaltered, with modifications and supplementation of C‐700’s provisions set forth in EJCDC® C‐800, Supplementary Conditions of the Construction Contract (2018). If the Standard Text itself is revised, the


and American Society of Civil Engineers. All rights reserved. Guidelines Page 2 of 2

user must comply with the terms of the License Agreement, Paragraph 4.0, Document‐Specific Provisions, concerning the tracking or highlighting of revisions. The following is a summary of the relevant License Agreement provisions:

1. The term “Standard EJCDC Text” for C‐700 refers to all text prepared by EJCDC in the main body of the document. Document covers, logos, footers, instructions, or copyright notices are not Standard EJCDC Text for this purpose.

2. During the drafting or negotiating process for C‐700, it is important that the two contracting parties are both aware of any changes that have been made to the Standard EJCDC Text. Thus, if a draft or version of C‐700 purports to be or appears to be an EJCDC document, the user must plainly show all changes to the Standard EJCDC Text, using “Track Changes” (redline/strikeout), highlighting, or other means of clearly indicating additions and deletions.

3. If C‐700 has been revised or altered and is subsequently presented to third parties (such as potential bidders, grant agencies, lenders, or sureties) as an EJCDC document, then the changes to the Standard EJCDC Text must be shown, or the third parties must receive access to a version that shows the changes.

4. Once the document is ready to be finalized (and if applicable executed by the contracting parties), it is no longer necessary to continue to show changes to the Standard EJCDC Text. The user may produce a final version of the document in a format in which all changes are accepted, and the document at that point does not need to include any “Track Changes,” redline/strikeout, highlighting, or other indication of additions and deletions to the Standard EJCDC Text.

5.0 LICENSE AGREEMENT

This document is subject to the terms and conditions of the License Agreement, 2018 EJCDC® Construction Series Documents. A copy of the License Agreement was furnished at the time of purchase of this document, and is available for review at www.ejcdc.org and the websites of EJCDC’s sponsoring organizations.


and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 5


TABLE OF CONTENTS

Page

Article 1—Definitions and Terminology ........................................................................................................ 1

1.01 Defined Terms ............................................................................................................................... 1

1.02 Terminology .................................................................................................................................. 6

Article 2—Preliminary Matters ..................................................................................................................... 7

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance ......................................... 7

2.02 Copies of Documents .................................................................................................................... 7

2.03 Before Starting Construction ........................................................................................................ 7

2.04 Preconstruction Conference; Designation of Authorized Representatives .................................. 8

2.05 Acceptance of Schedules .............................................................................................................. 8

2.06 Electronic Transmittals ................................................................................................................. 8

Article 3—Contract Documents: Intent, Requirements, Reuse .................................................................... 9

3.01 Intent ............................................................................................................................................. 9

3.02 Reference Standards ..................................................................................................................... 9

3.03 Reporting and Resolving Discrepancies ...................................................................................... 10

3.04 Requirements of the Contract Documents ................................................................................. 10

3.05 Reuse of Documents ................................................................................................................... 11

Article 4—Commencement and Progress of the Work .............................................................................. 11

4.01 Commencement of Contract Times; Notice to Proceed ............................................................. 11

4.02 Starting the Work ........................................................................................................................ 11

4.03 Reference Points ......................................................................................................................... 11

4.04 Progress Schedule ....................................................................................................................... 12

4.05 Delays in Contractor’s Progress .................................................................................................. 12

Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................... 13

5.01 Availability of Lands .................................................................................................................... 13

5.02 Use of Site and Other Areas ........................................................................................................ 14

5.03 Subsurface and Physical Conditions ............................................................................................ 15

5.04 Differing Subsurface or Physical Conditions ............................................................................... 16



5.05 Underground Facilities ................................................................................................................ 17

5.06 Hazardous Environmental Conditions at Site ............................................................................. 19

Article 6—Bonds and Insurance .................................................................................................................. 21

6.01 Performance, Payment, and Other Bonds .................................................................................. 21

6.02 Insurance—General Provisions ................................................................................................... 22

6.03 Contractor’s Insurance ................................................................................................................ 24

6.04 Builder’s Risk and Other Property Insurance .............................................................................. 25

6.05 Property Losses; Subrogation ..................................................................................................... 25

6.06 Receipt and Application of Property Insurance Proceeds .......................................................... 27

Article 7—Contractor’s Responsibilities ..................................................................................................... 27

7.01 Contractor’s Means and Methods of Construction .................................................................... 27

7.02 Supervision and Superintendence .............................................................................................. 27

7.03 Labor; Working Hours ................................................................................................................. 27

7.04 Services, Materials, and Equipment ........................................................................................... 28

7.05 “Or Equals” .................................................................................................................................. 28

7.06 Substitutes .................................................................................................................................. 29

7.07 Concerning Subcontractors and Suppliers .................................................................................. 31

7.08 Patent Fees and Royalties ........................................................................................................... 32

7.09 Permits ........................................................................................................................................ 33

7.10 Taxes ........................................................................................................................................... 33

7.11 Laws and Regulations .................................................................................................................. 33

7.12 Record Documents ...................................................................................................................... 33

7.13 Safety and Protection.................................................................................................................. 34

7.14 Hazard Communication Programs .............................................................................................. 35

7.15 Emergencies ................................................................................................................................ 35

7.16 Submittals ................................................................................................................................... 35

7.17 Contractor’s General Warranty and Guarantee ......................................................................... 38

7.18 Indemnification ........................................................................................................................... 39

7.19 Delegation of Professional Design Services ................................................................................ 39

Article 8—Other Work at the Site ............................................................................................................... 40

8.01 Other Work ................................................................................................................................. 40

8.02 Coordination ............................................................................................................................... 41

8.03 Legal Relationships ...................................................................................................................... 41



Article 9—Owner’s Responsibilities ............................................................................................................ 42

9.01 Communications to Contractor .................................................................................................. 42

9.02 Replacement of Engineer ............................................................................................................ 42

9.03 Furnish Data ................................................................................................................................ 42

9.04 Pay When Due ............................................................................................................................. 42

9.05 Lands and Easements; Reports, Tests, and Drawings ................................................................. 43

9.06 Insurance ..................................................................................................................................... 43

9.07 Change Orders ............................................................................................................................ 43

9.08 Inspections, Tests, and Approvals ............................................................................................... 43

9.09 Limitations on Owner’s Responsibilities ..................................................................................... 43

9.10 Undisclosed Hazardous Environmental Condition ...................................................................... 43

9.11 Evidence of Financial Arrangements ........................................................................................... 43

9.12 Safety Programs .......................................................................................................................... 43

Article 10—Engineer’s Status During Construction .................................................................................... 44

10.01 Owner’s Representative .......................................................................................................... 44

10.02 Visits to Site ............................................................................................................................. 44

10.03 Resident Project Representative ............................................................................................. 44

10.04 Engineer’s Authority ............................................................................................................... 44

10.05 Determinations for Unit Price Work ....................................................................................... 45

10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 45

10.07 Limitations on Engineer’s Authority and Responsibilities ...................................................... 45

10.08 Compliance with Safety Program ............................................................................................ 45

Article 11—Changes to the Contract .......................................................................................................... 46

11.01 Amending and Supplementing the Contract .......................................................................... 46

11.02 Change Orders ........................................................................................................................ 46

11.03 Work Change Directives .......................................................................................................... 46

11.04 Field Orders ............................................................................................................................. 47

11.05 Owner‐Authorized Changes in the Work ................................................................................ 47

11.06 Unauthorized Changes in the Work ........................................................................................ 47

11.07 Change of Contract Price ........................................................................................................ 47

11.08 Change of Contract Times ....................................................................................................... 49

11.09 Change Proposals .................................................................................................................... 49

11.10 Notification to Surety .............................................................................................................. 50



Article 12—Claims ....................................................................................................................................... 50

12.01 Claims ...................................................................................................................................... 50

Article 13—Cost of the Work; Allowances; Unit Price Work ...................................................................... 51

13.01 Cost of the Work ..................................................................................................................... 51

13.02 Allowances .............................................................................................................................. 55

13.03 Unit Price Work ....................................................................................................................... 55

Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 56

14.01 Access to Work ........................................................................................................................ 56

14.02 Tests, Inspections, and Approvals ........................................................................................... 56

14.03 Defective Work ....................................................................................................................... 57

14.04 Acceptance of Defective Work................................................................................................ 58

14.05 Uncovering Work .................................................................................................................... 58

14.06 Owner May Stop the Work ..................................................................................................... 58

14.07 Owner May Correct Defective Work ....................................................................................... 59

Article 15—Payments to Contractor; Set‐Offs; Completion; Correction Period ........................................ 59

15.01 Progress Payments .................................................................................................................. 59

15.02 Contractor’s Warranty of Title ................................................................................................ 62

15.03 Substantial Completion ........................................................................................................... 62

15.04 Partial Use or Occupancy ........................................................................................................ 63

15.05 Final Inspection ....................................................................................................................... 64

15.06 Final Payment .......................................................................................................................... 64

15.07 Waiver of Claims ..................................................................................................................... 65

15.08 Correction Period .................................................................................................................... 66

Article 16—Suspension of Work and Termination ..................................................................................... 67

16.01 Owner May Suspend Work ..................................................................................................... 67

16.02 Owner May Terminate for Cause ............................................................................................ 67

16.03 Owner May Terminate for Convenience................................................................................. 68

16.04 Contractor May Stop Work or Terminate ............................................................................... 68

Article 17—Final Resolution of Disputes .................................................................................................... 69

17.01 Methods and Procedures ........................................................................................................ 69

Article 18—Miscellaneous .......................................................................................................................... 69

18.01 Giving Notice ........................................................................................................................... 69

18.02 Computation of Times ............................................................................................................ 69



18.03 Cumulative Remedies ............................................................................................................. 70

18.04 Limitation of Damages ............................................................................................................ 70

18.05 No Waiver ............................................................................................................................... 70

18.06 Survival of Obligations ............................................................................................................ 70

18.07 Controlling Law ....................................................................................................................... 70

18.08 Assignment of Contract .......................................................................................................... 70

18.09 Successors and Assigns ........................................................................................................... 70

18.10 Headings .................................................................................................................................. 70


and American Society of Civil Engineers. All rights reserved. Page 1 of 70


ARTICLE 1—DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set‐off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim

a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the



requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract.

b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address.

c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment.

d. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead‐based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents.

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Electronic Document—Any Project‐related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format.

21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the



recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents.

22. Engineer—The individual or entity named as such in the Agreement.

23. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto.

a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition.

b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition.

c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition.

25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

26. Liens—Charges, security interests, or encumbrances upon Contract‐related funds, real property, or personal property.

27. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work.

28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

30. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times.

32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start‐up, and of which the Work to be performed under the Contract Documents is a part.



33. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative.

34. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals.

36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights‐of‐way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor.

39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

40. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

41. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner‐delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality‐control testing and inspections, and field or Site quality‐control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals.

42. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion of such Work.



43. Successful Bidder—The Bidder to which the Owner makes an award of contract.

44. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

45. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.

46. Technical Data

a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site.

b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor.

c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings.

47. Underground Facilities—All active or not‐in‐service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility.

48. Unit Price Work—Work to be paid for on the basis of unit prices.

49. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start‐up, and commissioning, all as required by the Contract Documents.

50. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.



1.02 Terminology

A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents.

C. Day: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

1. does not conform to the Contract Documents;

2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

3. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04).

E. Furnish, Install, Perform, Provide

1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.



F. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed.

G. Unless stated otherwise in the Contract Documents, words or phrases that have a well‐known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2—PRELIMINARY MATTERS

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance

A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds).

B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies.

C. Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), the certificates and other evidence of insurance required to be provided by Owner under Article 6.

2.02 Copies of Documents

A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction.

B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer.

2.03 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review:

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract;

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work



into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.04 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.05 Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer.

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals.

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work.

4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule.

2.06 Electronic Transmittals

A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means.

B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols.

C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long‐term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents.



ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all.

B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents.

C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern.

D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein.

F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

G. Nothing in the Contract Documents creates:

1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or

2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations.

3.02 Reference Standards

A. Standards Specifications, Codes, Laws and Regulations

1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility



inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer.

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies

1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01.

2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01.

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:

a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.04 Requirements of the Contract Documents

A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work.



B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim.

C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12.

3.05 Reuse of Documents

A. Contractor and its Subcontractors and Suppliers shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or

2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever date is earlier.

4.02 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date.

4.03 Reference Points

A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the



established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.04 Progress Schedule

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.

2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11.

B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.

4.05 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2. Abnormal weather conditions;

3. Acts or failures to act of third‐party utility owners or other third‐party entities (other than those third‐party utility owners or other third‐party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and

4. Acts of war or terrorism.



D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as follows:

1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference.

2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled.

3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11.

E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following:

1. The circumstances that form the basis for the requested adjustment;

2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work;

3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work;

4. The number of days’ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and

5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07.

Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work.

F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E.

G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.

ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

5.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work.



B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations.

C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

5.02 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas

1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible.

2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible.

B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations.

C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment



and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them.

5.03 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data;

2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and

3. Technical Data contained in such reports and drawings.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b.

D. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;

3. the contents of other Site‐related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner’s archival documents concerning the Site; or

4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information.



5.04 Differing Subsurface or Physical Conditions

A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site:

1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate;

2. is of such a nature as to require a change in the Drawings or Specifications;

3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents;

then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so.

B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations.

C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part.

D. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work.

E. Possible Price and Times Adjustments

1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in



Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A;

b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and,

c. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if:

a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise;

b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or

c. Contractor failed to give the written notice required by Paragraph 5.04.A.

3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order.

4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question.

F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions.

5.05 Underground Facilities

A. Contractor’s Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for:

1. reviewing and checking all information and data regarding existing Underground Facilities at the Site;

2. complying with applicable state and local utility damage prevention Laws and Regulations;



3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction;

4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and

5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work.

B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility.

C. Engineer’s Review: Engineer will:

1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy;

2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor’s resumption of Work in connection with the Underground Facility in question;

3. obtain any pertinent cost or schedule information from Contractor; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and

4. advise Owner in writing of Engineer’s findings, conclusions, and recommendations.

During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part.

E. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work.

F. Possible Price and Times Adjustments

1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown



or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03;

b. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and

c. Contractor gave the notice required in Paragraph 5.05.B.

2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order.

3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question.

4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor’s remedies are limited to those set forth in this Paragraph 5.05.F.

5.06 Hazardous Environmental Conditions at Site

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site;

2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and

3. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures



of construction to be employed by Contractor, and safety precautions and programs incident thereto;

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work.

D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern.

E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set‐off against payments to account for the associated costs.

F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely.

G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set‐off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08.

H. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special



conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8.

I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I obligates Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.

ARTICLE 6—BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Contractor’s obligations under the Contract. These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract.

B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract.

C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or



Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney‐in‐fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney‐in‐fact signed the accompanying bond.

D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts.

E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above.

F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16.

G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity.

H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity.

6.02 Insurance—General Provisions

A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions.

B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A‐VII or better.

C. Alternative forms of insurance coverage, including but not limited to self‐insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions.

D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self‐insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by



Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract.

E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of applicable self‐insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract.

F. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance.

G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties.

H. Contractor shall require:

1. Subcontractors to purchase and maintain worker’s compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor’s liability policies) on each Subcontractor’s commercial general liability insurance policy; and

2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project.

I. If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.

J. If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set‐off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner’s termination rights under Article 16.

K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly.



L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary.

M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise.

N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer.

6.03 Contractor’s Insurance

A. Required Insurance: Contractor shall purchase and maintain Worker’s Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions.

B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must:

1. include at least the specific coverages required;

2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater;

3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract;

4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable; and

5. include all necessary endorsements to support the stated requirements.

C. Additional Insureds: The Contractor’s commercial general liability, automobile liability, employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must:

1. include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions;

2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds;

3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations);



4. not seek contribution from insurance maintained by the additional insured; and

5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor’s acts or omissions, or the acts and omissions of those working on Contractor’s behalf, in the performance of Contractor’s operations.

6.04 Builder’s Risk and Other Property Insurance

A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions.

B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all‐risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder’s risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D.

C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all‐risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder’s risk insurance. The builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of such property insurance.

D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide advance notice of such occupancy or use to the builder’s risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use.

E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.04, it may do so at Contractor’s expense.

6.05 Property Losses; Subrogation

A. The builder’s risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against



Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors.

1. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder’s risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused.

2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued.

B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner’s existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer’s rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss.

1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies.

C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other insured peril, risk, or cause of loss.

D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s risk insurance, installation floater, and any other property insurance applicable to the Work.



6.06 Receipt and Application of Property Insurance Proceeds

A. Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim.

B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations.

C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds.

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES

7.01 Contractor’s Means and Methods of Construction

A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not Owner‐delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services.

7.02 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.

7.03 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain good discipline and order at the Site.



B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions.

C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld.

7.04 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

C. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.

7.05 “Or Equals”

A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below.

1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an “or equal” item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if:

a. in the exercise of reasonable judgment Engineer determines that the proposed item:

1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;



2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;

3) has a proven record of performance and availability of responsive service; and

4) is not objectionable to Owner.

b. Contractor certifies that, if the proposed item is approved and incorporated into the Work:

1) there will be no increase in cost to the Owner or increase in Contract Times; and

2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents.

B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense.

C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or‐equal” request. Engineer may require Contractor to furnish additional data about the proposed “or‐equal” item. Engineer will be the sole judge of acceptability. No “or‐equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or‐equal,” which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination.

D. Effect of Engineer’s Determination: Neither approval nor denial of an “or‐equal” request will result in any change in Contract Price. The Engineer’s denial of an “or‐equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract.

E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an “or‐equal” item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06.

7.06 Substitutes

A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related construction at the Site.

1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor.

2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances.



3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application:

a. will certify that the proposed substitute item will:

1) perform adequately the functions and achieve the results called for by the general design;

2) be similar in substance to the item specified; and

3) be suited to the same use as the item specified.

b. will state:

1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times;

2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and

3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.

c. will identify:

1) all variations of the proposed substitute item from the item specified; and

2) available engineering, sales, maintenance, repair, and replacement services.

d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination.

C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.



E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense.

F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal.

7.07 Concerning Subcontractors and Suppliers

A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents.

B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so.

C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection.

D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days.

E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier.

F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement.

G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents.



H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal.

I. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers.

J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade.

K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer.

L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier.

M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract.

7.08 Patent Fees and Royalties

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents.

B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights.

C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.



7.09 Permits

A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work.

7.10 Taxes

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.

7.11 Laws and Regulations

A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It is not Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03.

C. Owner or Contractor may give written notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value‐added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim.

7.12 Record Documents

A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer.



7.13 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations.

B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work‐related accidents and the maintenance and supervision of safety precautions and programs.

C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. all persons on the Site or who may be affected by the Work;

2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.

D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them).

E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection.

F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.

G. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. Any Owner’s safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications.

H. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site.



I. Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion).

J. Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents.

7.14 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

7.15 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued.

7.16 Submittals

A. Shop Drawing and Sample Requirements

1. Before submitting a Shop Drawing or Sample, Contractor shall:

a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

b. determine and verify:

1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal;

2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

3) all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto;

c. confirm that the Submittal is complete with respect to all related data included in the Submittal.

2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that Submittal, and that Contractor approves the Submittal.



3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself.

B. Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals.

1. Shop Drawings

a. Contractor shall submit the number of copies required in the Specifications.

b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C.

2. Samples

a. Contractor shall submit the number of Samples required in the Specifications.

b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.16.C.

3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

C. Engineer’s Review of Shop Drawings and Samples

1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto.

3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

4. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will



document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification.

5. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B.

6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.

7. Neither Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document.

8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4.

D. Resubmittal Procedures for Shop Drawings and Samples

1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals.

2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set‐off against payments due Contractor to secure reimbursement for such charges.

3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set‐off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor.

E. Submittals Other than Shop Drawings, Samples, and Owner‐Delegated Designs

1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner‐delegated designs:

a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents.

b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted.

c. Engineer’s review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal.



d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non‐acceptance, and resubmit an acceptable document.

2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05.

F. Owner‐delegated Designs: Submittals pursuant to Owner‐delegated designs are governed by the provisions of Paragraph 7.19.

7.17 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer is entitled to rely on Contractor’s warranty and guarantee.

B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08:

1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and

2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice.

C. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

2. normal wear and tear under normal usage.

D. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Owner’s warranty and guarantee rights under this Paragraph 7.17:

1. Observations by Engineer;

2. Recommendation by Engineer or payment by Owner of any progress or final payment;

3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner;

4. Use or occupancy of the Work or any part thereof by Owner;

5. Any review and approval of a Shop Drawing or Sample submittal;

6. The issuance of a notice of acceptability by Engineer;

7. The end of the correction period established in Paragraph 15.08;

8. Any inspection, test, or approval by others; or



9. Any correction of defective Work by Owner.

E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract.

7.18 Indemnification

A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, costs, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third‐party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable.

B. In any and all claims against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

7.19 Delegation of Professional Design Services

A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner‐delegated design.

B. Contractor shall cause such Owner‐delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations.

C. If a Shop Drawing or other Submittal related to the Owner‐delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to Engineer.



D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner‐delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents.

E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner‐delegated design will be only for the following limited purposes:

1. Checking for conformance with the requirements of this Paragraph 7.19;

2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and

3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents.

F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer.

G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations.

ARTICLE 8—OTHER WORK AT THE SITE

8.01 Other Work

A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third‐party utility owners perform work on their utilities and facilities at or adjacent to the Site.

B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third‐party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor.

C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work.

D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected.



E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

F. The provisions of this article are not applicable to work that is performed by third‐party utilities or other third‐party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3.

8.02 Coordination

A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work:

1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors;

2. An itemization of the specific matters to be covered by such authority and responsibility; and

3. The extent of such authority and responsibilities.

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination.

8.03 Legal Relationships

A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E.



B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site.

1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set‐off against payments due Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B.

2. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set‐off against payments due Contractor.

C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference.

ARTICLE 9—OWNER’S RESPONSIBILITIES

9.01 Communications to Contractor

A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer.

9.02 Replacement of Engineer

A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents will be that of the former Engineer.

9.03 Furnish Data

A. Owner shall promptly furnish the data required of Owner under the Contract Documents.

9.04 Pay When Due

A. Owner shall make payments to Contractor when they are due as provided in the Agreement.



9.05 Lands and Easements; Reports, Tests, and Drawings

A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01.

B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03.

C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site.

9.06 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6.

9.07 Change Orders

A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11.

9.08 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B.

9.09 Limitations on Owner’s Responsibilities

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

9.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06.

9.11 Evidence of Financial Arrangements

A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract (including obligations under proposed changes in the Work).

9.12 Safety Programs

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

B. Owner shall furnish copies of any applicable Owner safety programs to Contractor.



ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION

10.01 Owner’s Representative

A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract.

10.02 Visits to Site

A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work.

B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

10.03 Resident Project Representative

A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07.

B. If Owner designates an individual or entity who is not Engineer’s consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions.

10.04 Engineer’s Authority

A. Engineer has the authority to reject Work in accordance with Article 14.

B. Engineer’s authority as to Submittals is set forth in Paragraph 7.16.

C. Engineer’s authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19.

D. Engineer’s authority as to changes in the Work is set forth in Article 11.



E. Engineer’s authority as to Applications for Payment is set forth in Article 15.

10.05 Determinations for Unit Price Work

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03.

10.06 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.07 Limitations on Engineer’s Authority and Responsibilities

A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

D. Engineer’s review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Contractor under Paragraph 15.06.A, will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply to the Resident Project Representative, if any.

10.08 Compliance with Safety Program

A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs of which Engineer has been informed.



ARTICLE 11—CHANGES TO THE CONTRACT

11.01 Amending and Supplementing the Contract

A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order.

C. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer’s recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer.

11.02 Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. Changes in Contract Price resulting from an Owner set‐off, unless Contractor has duly contested such set‐off;

3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and

4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions.

B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed.

11.03 Work Change Directives

A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price.



B. If Owner has issued a Work Change Directive and:

1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive.

2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive.

11.04 Field Orders

A. Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly.

B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.

11.05 Owner‐Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer’s recommendation.

B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents.

C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations.

11.06 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2.

11.07 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12.

B. An adjustment in the Contract Price will be determined as follows:



1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03);

2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or

3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.07.C).

C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will be determined as follows:

1. A mutually acceptable fixed fee; or

2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee will be 15 percent;

b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent;

c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work;

d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C;

e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and

f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive.



11.08 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12.

B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05.

11.09 Change Proposals

A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set‐off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues.

B. Change Proposal Procedures

1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision.

2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal.

a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E.

b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work.

The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event.

3. Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal.

4. Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change



Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.

5. Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12.

C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12.

D. Post‐Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B.

11.10 Notification to Surety

A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 12—CLAIMS

12.01 Claims

A. Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article:

1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals;

2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents;

3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters; and

4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.B.

B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge



and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled.

C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing and submitted to the other party, with a copy to Engineer.

D. Mediation

1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process.

2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator.

3. Owner and Contractor shall each pay one‐half of the mediator’s fees and costs.

E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes.

F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes.

G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price.

ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

13.01 Cost of the Work

A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes:

1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost‐plus‐fee, time‐and‐materials, or other cost‐based terms; or



2. When needed to determine the value of a Change Order, Change Proposal, Claim, set‐off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment.

B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and Contractor shall make provisions so that they may be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, which will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work.

5. Other costs consisting of the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, which are



consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.

1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item.

c. Construction Equipment Rental

1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work.

2) Costs for equipment and machinery owned by Contractor or a Contractor‐related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs.

3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set‐off, or other adjustment in Contract Price (“changed Work”), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of builder’s risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor’s fee.



g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work.

i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.

C. Costs Excluded: The term Cost of the Work does not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee.

2. The cost of purchasing, renting, or furnishing small tools and hand tools.

3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.

5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

6. Expenses incurred in preparing and advancing Claims.

7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B.

D. Contractor’s Fee

1. When the Work as a whole is performed on the basis of cost‐plus‐a‐fee, then:

a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement.

b. for any Work covered by a Change Order, Change Proposal, Claim, set‐off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as follows:

1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes.

2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2.

2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost‐plus‐a‐fee, then Contractor’s fee for any Work covered by a Change



Order, Change Proposal, Claim, set‐off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2.

E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor.

13.02 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.

B. Cash Allowances: Contractor agrees that:

1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and

2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid.

C. Owner’s Contingency Allowance: Contractor agrees that an Owner’s contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted.

13.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities.

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item.

D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision



thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph.

E. Adjustments in Unit Price

1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if:

a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and

b. Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change.

2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor.

3. Adjusted unit prices will apply to all units of that item.

ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK

14.01 Access to Work

A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply with such procedures and programs as applicable.

14.02 Tests, Inspections, and Approvals

A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.



D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required:

1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner;

2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work;

3. by manufacturers of equipment furnished under the Contract Documents;

4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and

5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.

Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer.

E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals.

F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering will be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice.

14.03 Defective Work

A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.

B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work.

C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor.

D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective.

E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs,



losses, and damages resulting from defective Work, then Owner may impose a reasonable set‐off against payments due under Article 15.

14.04 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set‐off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner.

14.05 Uncovering Work

A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.

B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense.

C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.

1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set‐off against payments due under Article 15.

2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.

14.06 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work,



or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

14.07 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace defective Work as required by Engineer, then Owner may, after 7 days’ written notice to Contractor, correct or remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph.

C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set‐offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07.

ARTICLE 15—PAYMENTS TO CONTRACTOR; SET‐OFFS; COMPLETION; CORRECTION PERIOD

15.01 Progress Payments

A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost‐based Work will be based on Cost of the Work completed by Contractor during the pay period.

B. Applications for Payments

1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents.

2. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation



establishing full payment by Contractor for the materials and equipment; (b) at Owner’s request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner.

3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.

4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

C. Review of Applications

1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.

2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief:

a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have represented that:

a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or

b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.



4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer:

a. to supervise, direct, or control the Work;

b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto;

c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work;

d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or

e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2.

6. Engineer will recommend reductions in payment (set‐offs) necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, requiring correction or replacement;

b. the Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or

e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents.

D. Payment Becomes Due

1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set‐offs) will become due, and when due will be paid by Owner to Contractor.

E. Reductions in Payment by Owner

1. In addition to any reductions in payment (set‐offs) recommended by Engineer, Owner is entitled to impose a set‐off against payment based on any of the following:

a. Claims have been made against Owner based on Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non‐compliance with Laws and Regulations, and patent infringement;



b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;

c. Contractor has failed to provide and maintain required bonds or insurance;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;

e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;

f. The Work is defective, requiring correction or replacement;

g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

h. The Contract Price has been reduced by Change Orders;

i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause;

j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work;

k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or

l. Other items entitle Owner to a set‐off against the amount recommended.

2. If Owner imposes any set‐off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement.

15.02 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner.

15.03 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time



submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment.

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor.

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner.

D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work.

E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above.

F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list.

15.04 Partial Use or Occupancy

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without



significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions:

1. At any time, Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for that part of the Work.

2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work.

3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other property insurance.

15.05 Final Inspection

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

15.06 Final Payment

A. Application for Payment

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.12), and other documents, Contractor may make application for final payment.

2. The final Application for Payment must be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents;

b. consent of the surety, if any, to final payment;

c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment.



d. a list of all duly pending Change Proposals and Claims; and

e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers.

B. Engineer’s Review of Final Application and Recommendation of Payment: If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within 10 days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set‐offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

C. Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07.

D. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment and issuance of notice of the acceptability of the Work.

E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set‐offs for liquidated damages and set‐offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner’s receipt of the final Application for Payment from Engineer.

15.07 Waiver of Claims

A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim,



appeal under the provisions of Article 17, set‐off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment.

B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim, or appealed under the provisions of Article 17.

15.08 Correction Period

A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor’s repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions:

1. correct the defective repairs to the Site or such adjacent areas;

2. correct such defective Work;

3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures.

B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.B.

C. If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). Contractor’s failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay.

D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.

E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.



F. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

ARTICLE 16—SUSPENSION OF WORK AND TERMINATION

16.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work.

16.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule);

2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;

3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or

4. Contractor’s repeated disregard of the authority of Owner or Engineer.

B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days’ written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to:

1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and

2. enforce the rights available to Owner under any applicable performance bond.

C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient.

D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,



attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed.

F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability.

G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D.

16.03 Owner May Terminate for Convenience

A. Upon 7 days’ written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and

3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

B. Contractor shall not be paid for any loss of anticipated profits or revenue, post‐termination overhead costs, or other economic loss arising out of or resulting from such termination.

16.04 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 days’ written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, 7 days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The



provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.

ARTICLE 17—FINAL RESOLUTION OF DISPUTES

17.01 Methods and Procedures

A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article:

1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and

2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made.

B. Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may:

1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions;

2. agree with the other party to submit the dispute to another dispute resolution process; or

3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction.

ARTICLE 18—MISCELLANEOUS

18.01 Giving Notice

A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered:

1. in person, by a commercial courier service or otherwise, to the recipient’s place of business;

2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or

3. by e‐mail to the recipient, with the words “Formal Notice” or similar in the e‐mail’s subject line.

18.02 Computation of Times

A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.



18.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

18.04 Limitation of Damages

A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

18.05 No Waiver

A. A party’s non‐enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract.

18.06 Survival of Obligations

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor.

18.07 Controlling Law

A. This Contract is to be governed by the law of the state in which the Project is located.

18.08 Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract.

18.09 Successors and Assigns

A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

18.10 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

QUALIFICATIONS OF BIDDERS 00700-1



SECTION 00700 QUALIFICATIONS OF BIDDERS

CONFIDENTIAL: WILL NOT BE INCLUDED IN PUBLIC RECORD

In order to assist the Owner in determining whether the Bidder is qualified to perform the Work, as set forth in the Contract Documents, the Bidder shall furnish the following information. 1. List of references who are qualified to judge as to his financial responsibility and his

experience in work of similar nature to that bid upon: 2. List of previous contracting experience, including dollar values of contracts: 3. List of facilities or equipment that is available for use: 4. Name, residence, and title of the individual who will give personal attention to the

work: 5. Financial Statement:

ASSETS

CURRENT ASSETS:

Cash $________

Notes and Accounts Receivable ________

Inventories ________

PLANT ASSETS:

Real Estate $________

Machinery ________

Good Will, Patents, etc. ________ $ ________ Total Assets




LIABILITIES:

Notes Payable $________

Accounts Payable ________

Accrued Wages ________

Other Liabilities ________ $ ________ Total Liabilities

EXCESS OF ASSETS OR NET WORTH $ ________

6. List all pending claims or lawsuits, and any lawsuit within the last 10 years, filed by or

against the Bidder, and describe the resolution of each claim or lawsuit: Claim Date of Claim Resolution, if any The existence of unresolved claims against Bidder may disqualify the Bidder from making a Bid Proposal and entering into a Contract. Notes: A. The above is a suggested form for the Financial Statement, but the Bidder is not required

to follow the form explicitly. The Financial Statement submitted must clearly show to the satisfaction of the Owner the Bidder’s current financial condition. The Owner reserves the privilege of requiring additional information as to financial responsibility of the Bidder prior to awarding Contract.

B. Bidder shall attach additional pages, if necessary, in order to complete the required

information. C. The Bidder shall submit detailed information required for above items 1 through 4 with his

Bid Proposal package and, at the discretion of the Bidder, the information required under Item 5 may be furnished after Bid Proposals are received if required by the Owner and Engineer to evaluate the financial qualifications of a prospective Bidder.




By: ____ ___________________ (Signature) NAME OF SIGNER: _______ ______ ____________________

(Please Print or Type)

TITLE OF SIGNER: _______________________________________Date:_____________

(Please Print or Type)

END OF SECTION 00700

SECTION 2

SPECIAL PROVISIONS / TECHNICAL SPECIFICATIONS

SPECIAL PROVISIONS /


FOR

Springside Drive Stream Restoration and

Drainage Improvements

ARPA Project

VILLAGE PROJECT NO. 21-02

December 2021

Prepared for:

VILLAGE OF CLEMMONS

Prepared by:

311-A South Main Street

Kernersville, NC 27285

License No. C-4123

PROJECT SPECIAL PROVISIONS 01000-1

Springside Drive Stream Restoration and Drainage Improvements ARPA Project Technical Specifications Village of Clemmons December 2021

Project Special Provisions Springside Drive Stream Restoration and Drainage Improvements ARPA Project

SP-1, GENERAL PROVISIONS

1.0 Technical Specifications:

All work shall conform to the recent version of the North Carolina Department of Transportation

Standard Specifications for Roads and Structures, except as modified in this contract. Water and

sewer utility work shall comply with City of Winston Salem Technical Specifications for Water

Line and Sanitary Sewer Line Construction, January 2019. The contractor shall comply with all

County, State, and Federal regulations.

All asphalt paving shall comply with Division 6 of NCDOT Specifications, with mixes as

specified per details on the plan sheets.

2.0 Project Time Frame, Liquidated Damages Completion Deadline:

All work included under this contract is to be completed within the time limit as set in the Notice

to Proceed, unless a time extension is granted. The expected time to complete construction is 10

months; therefore, the project has been given a timeframe of 300 days from the beginning date of

construction stated in the Notice to Proceed.

The Contractor shall retain the required number of workmen or crews in order to complete this

work, including punch list items and clean up, within the time allotted.

Project progress meetings will be held on an as needed basis as the work progresses, as

determined by the Engineer.

3.0 Bid Quantities:

The itemized Bid Quantities are engineer’s estimate and are used for the comparison of bids.

The Engineer/Village maintains the right to add or delete quantities at any time, without an

adjustment to the unit price. There shall be no unit price adjustment for materials due to market

variability.

4.0 Work Force:

Unless otherwise approved by the Village of Clemmons, the Contractor shall perform a

minimum of 50% of the work with their own forces.

Contractor shall be licensed with the State of North Carolina as a General Contractor, plus any

specialty work performed by the Contractor and/or subcontractor shall be performed by a

Contractor licensed in the respective specialty.

The Contractor shall have a superintendent authorized to direct work crews or stop work present

on the job site at all times. Upon start of construction, the Contractor shall provide the Project

Engineer with names and telephone numbers of Superintendent(s) and two people to be

contacted after office hours in case of emergency.



5.0 Pre-Construction Conference:

Upon receiving the Notice to Proceed from the Village, it will be the Contractor’s responsibility

to contact the Project Engineer and set up a date agreeable to the Village for the pre-construction

conference. Failure to notify the Project Engineer will not release the Contractor of his

responsibility and no additional time will be allotted. No work shall be performed or material

delivered to job site until after the pre-construction conference.

6.0 Videotape and Photographs of Project Site:

The Contractor shall videotape and photograph the project site in its entirety before construction

begins. Video shall include existing infrastructure, roadways, drainage, ditches, above ground

utility structures, and existing landscaping near the construction areas. Appropriate narration

will include location and description of property and physical features. No separate payment will

be made for this work, and all associated costs will be considered incidental to other items in the

contract.

7.0 Traffic Control and Site Access:

Springside Drive through the project site is the sole ingress/egress to four properties in the 3200

block of Springside Drive. The Contractor shall control his operations and the operations of his

subcontractors and all suppliers so as to provide one-way traffic, at a minimum, along Springside

Drive throughout the entire construction period.

When the work requires the Contractor to conduct his operations in an area which disrupts the

access, the work shall be coordinated with the Village at least 48 hours prior to commencement

of such work.

Contractor shall make all efforts not to hinder the access and mobility of emergency vehicles.

Contractor shall be responsible for all traffic control devices and signage per MUTCD and North

Carolina Supplement to the MUTCD.

The cost of implementing the approved Traffic Control Plan and providing traffic control and

site access shall be included in the lump sum price for Traffic Control stated in the bid proposal

and shall include all equipment, personnel, and related work to insure conformance with

MUTCD and NCDOT standards.

See also Section 20000, Construction Traffic Control.

8.0 Safety

The Contractor shall comply with all Village, State, and Federal Regulations. The Contractor and

sub-contractors shall comply at all times with the latest revisions of all OSHA regulations and all

applicable labor laws and regulations of the state of North Carolina from Title 29 of the Code of

Federal Regulations (CFR) Part 1910.

9.0 Existing Conditions

The Contractor, in submitting a proposal and signing this Contract, acknowledges that he has

thoroughly investigated the existing facilities, and has examined the plans and specifications,



understanding clearly their requirements and the requirements necessary to construct all to

completion; that he is fully prepared to sustain all losses and damages incurred by the actions or

elements; that he is prepared to provide all necessary tools, appliances, machinery, skilled and

unskilled workmen, and all necessary materials to successfully complete the work. Any damage

to existing features resulting from the work of this contract shall be promptly repaired by the

Contractor, in a manner approved by the Village, at no additional cost to the Village. The

Contractor shall make a thorough inspection of the project prior to bidding and base his bid upon

the conditions existing as of the project bid opening date.

The Contractor shall accept actual conditions at the site and perform the work specified without

additional compensation for possible variation from grades and conditions shown, whether surface

or subsurface, except as provided for by the contract documents.

10.0 Delivery and Acceptance of Materials

Upon request of the Engineer, the Contractor shall make available all documentation pertaining to

the origin, manufacturing, job mix formula or delivery of materials to the jobsite. All necessary

documentation, whether original or signed must be provided in a legible and thorough manner to

complete quantity verification and may include but not limited to shipping receipts, trucking

delivery tickets, plant or quarry tickets, manufacturers certification, Buy America, shop drawings,

etc. This may pertain to deliveries of asphalt, concrete, stone, soils, mulch, castings, pipe,

landscaping, seed, etc. No separate payment will be made for this work, associated coordination

time, and all associated costs as it will be considered incidental to other items in the contract.

11.0 Storage of Materials:

Staging locations are noted on the plans. Staging areas shall be maintained in good condition

and all Erosion and Sediment Control measures shall be present as shown on the plans. At the

end of the project, all staging areas shall be left clean and free of debris. All non-paved areas

shall be fine graded and seeded. This cost is incidental to the project.

Private property shall not be used for storage purposes without written permission of the Owner

or lessee of such property. The Contractor shall make all arrangements and bear all expenses for

the storage of materials on private property. The Contractor shall furnish to the Village a copy of

the property owner's permission.

12.0 Mobilization:

The Contractor shall be paid a mobilization cost as bid in the proposal. The mobilization item

shall include, but not be limited to, the Contractor’s startup expenses, cost of insurance, permits,

bonds, etc. and will be paid for per the Lump Sum bid price in accordance with Section 800 of

NCDOT Standards Specifications for Roads and Structures.

13.0 Existing Utilities and Utility Conflicts:

Before 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

adjustments of all affected public or private utility facilities. The utility adjustments may be

made either before or after the beginning of construction of the project. The adjustments will be



made by the utility owner or his representative or by the Contractor when such adjustments are

part of the work covered by this contract.

The Contractor shall use an independent utility locating service to locate utilities. The Contractor

shall use special care working in, 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 Village.

In the event that utility services are interrupted by the Contractor, the Contractor shall promptly

notify the Village and shall cooperate in the restoration of service in the shortest time possible.

Before 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 in the plans or covered in the project

special provisions. It will be the Contractor's 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

Existing fire hydrants shall be kept accessible to fire departments at all times.

The Contractor shall adhere to all applicable regulations and follow accepted safety procedures

when working in the vicinity of utilities in order to ensure the safety of construction personnel

and the public. The Contractor shall use the necessary precautions to protect existing water,

sewer, gas, telephone, and storm drainage lines, etc. and service laterals during the course of

construction. The cost of protecting such lines and services shall be considered incidental to the

project and no additional payment will be allowed.

14.0 Continuous Clean Up and Restoration:

The Contractor, during the course of his work, shall maintain and clean up the construction area

including but not limited to removal of all debris, excess concrete, fabric packaging, replacement

or restoration of damaged infrastructure, public safety items, excess soil and miscellaneous

items. The Contractor shall make the work area safe at the end of each day.

No extra payment will be allowed for the items reset/ removed/ replaced. The cost of restoration

shall be included in the unit price bid for each item in the proposal.

15.0 Surveying and Construction Staking:

All staking shall be performed under the direct supervision of a Land Surveyor licensed by the

State of North Carolina and shall conform to the NC DOT Manual For Construction Layout. All



construction surveying shall be staked from the same monument used in the design. The

contractor shall furnish all labor, materials, testing, submittals, tools and equipment necessary to

perform all construction layout, control, reference staking, monitoring checks, and construction

record drawings for satisfactory completion of the project.

Contractor shall provide record survey drawings/verification upon substantial completion of the

project. Survey for record drawings shall be performed under the direct supervision of a Land

Surveyor licensed by the State of North Carolina. Record survey drawings shall include vertical

elevations and horizontal locations of the following: riser structures and associated inverts, tops,

and weir dimensions and elevations, endwall, wingwalls, steel and concrete culvert pipe size and

inverts, roadway centerline and edge of pavement, boulder steps, boulder sill, stream centerline,

top of bank, and toe of bank. Contractor shall provide a certified/sealed drawing (24x36) in

Adobe PDF and provide the AutoCAD file.

The contractor shall furnish all labor, materials, testing, submittals, tools and equipment

necessary to perform all construction layout, control, quantity and reference staking for

satisfactory completion of the project. All costs associated with surveying and construction

staking shall be included in the lump sum bid price for Construction Staking/Surveying listed in

the bid proposal.

16.0 Disposal of Material:

Construction debris, excavated material, and all materials to be disposed of shall be so placed as

not to unreasonably interfere with travel. Unless otherwise specified, all materials left over shall

become property of the Contractor. Also, underground structures removed, such as brick,

concrete, pipe, etc. shall become the property of the Contractor, unless otherwise noted on the

plans or in the Special Provisions. If the Contractor shall fail to promptly remove surplus material, the Village may have the

material removed and charge the cost thereof as money paid to the Contractor. All surplus

excavation shall be removed from the site of the work by the Contractor, but none shall be

deposited on private property until written consent of the property owner has been filed with the

Engineer. Contractor's disposal shall comply with all Federal, State and local laws and

regulations.

The cost of disposal of all materials shall be included in the unit price bid for each item in the

proposal. No extra payment will be allowed for this item.

17.0 Final Cleanup and Final Pay Request:

The contractor shall clear all streets, driveways, parking areas and other contract items of all dirt

and debris before final inspection will be made. The Village will not inspect the improved areas

until they are cleaned. Failure by the Village to perform final inspection if the areas are not

cleaned shall not relieve the contractor of any liquidated damages. No extra payment will be

allowed for this cleaning. The cost of the cleaning shall be included in each item bid in the

proposal.



Final pay request is due 30 days after all punch list items have been completed and accepted by

the Village.

SP-2, EROSION CONTROL

1.0 General Erosion and Sediment Control Practices

Work under this section consists of furnishing all labor, materials, equipment, supplies,

supervision, tools, and performing all work necessary for the installation and maintenance of

erosion and sedimentation control devices and facilities as may be necessary or directed by the

Engineer and to conform to the plans, specifications, details, permits, local laws, state laws and

federal laws. The Contractor shall be responsible for providing and maintaining all erosion control

measures as required to build the project as shown on the plans, as directed by the Engineer, and

as described in the NC Erosion and Sediment Control Planning and Design Manual, including but

not limited to silt fence, inlet protection, perimeter diversion, sediment traps, temporary

construction entrances, temporary protection fence, rip rap, temporary matting and seeding.

Contractor shall abide by the approved Erosion and Sedimentation Control Plan for this project

and keep a signed copy of the letter of approval on-site at all times.

See also Section 04000 – Erosion Control.

There will be separate measurement and payment for control of water (temporary pump-around,

diversion swales, etc…), erosion control matting on streambanks, and permanent seeding. All

other erosion control requirements will be included in the “General Erosion and Sediment Control

Practices” bid item. There will be no direct measurement of materials for general erosion control

practices. All cost incurred to complete the work as specified shall be included in the lump sum

price bid for General Erosion Control Practices as listed in the bid tab.

2.0 Stabilization Requirements / Temporary Seeding

This work shall consist of furnishing and installing all temporary herbaceous seed and mulch for

all areas disturbed by construction or as directed by the Engineer. Temporary seeding shall be

completed within seven (7) days of completion of grading activities in any work area. At the

discretion of the Engineer, temporary seeding shall not be spread in areas immediately seeded

with permanent riparian seed.

All areas to be seeded shall conform to the finished grades as specified on the plans and be free

of all weeds, trash, debris, brush, clods, loose rocks and other foreign materials larger than 3” in

diameter or length that would interfere with seeding. All gullies, washes or disturbed areas that

develop subsequent to final dressing shall be repaired prior to seeding.

No seeding shall be performed on frozen ground or when the temperature is 32 deg. F/0 deg. C

or lower.

Seed shall be applied within the top ¼ inch of the soil in two different directions. The Contractor

shall maximize the seed/soil contact by firming soil around the seed with a cultipacker, other



similar equipment, or by dragging the surface with chain link fence. Mulch shall be applied to all

disturbed areas where temporary seed is applied.

Compost and topsoil imported and stockpiled on site for soil mix shall not be seeded and

mulched at any time.

There is no direct measurement for this work. Temporary Seeding will be paid under “General

Erosion and Sediment Control Practices”.

SP-3, PERMANENT SEEDING

This work shall consist of furnishing and installing all herbaceous seed for the permanent seed

mixes, as specified in the construction plans, or as directed by the Engineer. Permanent ground

cover is required on all disturbed areas of the project. If temporary seeding is required, the

Contractor shall follow with permanent seeding for all areas with temporary seeding. Mulching

shall be provided for all areas requiring seeding.

Seed:

Seed shall consist of seed varieties specified in the composition and planting schedules on the

plans.

Seed shall be certified that the Pure Live Seed (PLS) percentage is equal to or greater than that

which is specified on the Plant Schedules. If the PLS is less than specified, the Contractor shall

increase the seeding rate to compensate for the PLS difference at his/her own expense.

All seed must be derived from the North Carolina Piedmont Region and no further than 200

miles from Clemmons, NC.

All seed and seed varieties shall be free from State and Federal prohibited noxious weed seeds

and the following:

Annual bluegrass Corn cockle Spurred anoda

Bermuda grass Dodder Wild garlic

Bindweed Giant foxtail Wild onion

Cocklebur Horse nettle

Mulch: Seed mulch shall consist of straw or wood cellulose mulch.

Water: Water used in the establishment or caring of plants and seed shall be free from any

substance that is injurious to plant life.

Fertilizer: The Contractor shall use organic fertilizers in lieu of petroleum-based fertilizers.

Suitable products that are commercially available are marketed and certified as ‘organic’ or

‘natural’ fertilizers. Organic materials shall include such items as sea grasses/kelp, rock powder,

bone meal, whey, bean meal, blood meal, composted manure, etc. Product nutrient content shall



be identified in the standard form of Nitrogen (N), Phosphorous (P) and Potassium (K) ratios.

Fertilizer nutrient content and application rates shall be as shown on the plans. The Engineer

must approve any proposed substitution to this nutrient content.

Limestone: Application rates of limestone shall be as shown on the plans.

All areas to be seeded shall conform to the finished grades as specified on the plans and be free

of all weeds, trash, debris, brush, clods, loose rocks and other foreign materials larger than 3

inches in diameter or length that would interfere with seeding. All gullies, washes or disturbed

areas that develop subsequent to final dressing shall be repaired prior to seeding.

Seeding shall be accomplished by using a broadcast spreader, or as indicated by the Engineer.

The Engineer, prior to Bid Submittal, must approve any alternative seeding method. All seeding

equipment shall be calibrated before application to the satisfaction of the Engineer so that the

material is applied accurately and evenly to avoid misses and overlaps. Seed installed by a

broadcast spreader shall be capable of placing seed at the specified rate.

Seed shall be applied within the top ¼ inch of the soil in two different directions. The Contractor

shall maximize the seed/soil contact by firming soil around the seed with a cultipacker, other

similar equipment, or by dragging the surface with chain link fence.

Immediately after seeding, the site shall be watered lightly, but thoroughly, so that the top 4” of

soil is saturated.

The Contractor shall mulch and tack all seeded areas within 24 hours after seeding.

Final cleanup shall be the responsibility of the Contractor and consist of removing all trash and

materials incidental to the project and disposing of them off-site.

At the completion of one full growing season permanent seeded areas will be assessed by the

Engineer. Eighty (80) % of the surface area planted must be covered with healthy, established

permanent vegetation. If the permanent seeded areas do not meet this requirement as determined

by the Engineer, the Contractor shall reseed all bare areas at the Contractor’s expense. The

newly seeded areas will also be under warranty and be assessed at the conclusion of the next full

growing season.

All cost incurred to complete the Permanent Seeding shall be included in the lump sum price bid

in the proposal. Payment for this item shall be full compensation for all work covered by this

section including but not limited to furnishing all of the materials for fertilizing, liming, seeding

and mulching operations. No direct payment will be made for furnishing and applying the

limestone, fertilizer, and mulch as such work and materials will be incidental to the work covered

by Permanent Seeding. Fertilizer and lime tickets shall be submitted upon request. All seed bag

tags shall be submitted upon requests.



SP-4, CONTROL OF WATER

The Contractor shall be responsible for the accommodation and the maintenance of base and storm

flows in all areas of the project site throughout the construction period. The Contractor shall also

be responsible for the control of groundwater and seepage in all excavated areas of the project site

throughout the construction period.

Culvert installation, concrete work, and stream work shall be done in a dry condition. During

construction, pumps/diversion methods shall be used to divert flow around the work area as

needed. All dewatering operations must be performed such that pumped or diverted effluent

does not produce sediment-laden runoff.

Provide groundwater control and removal as appropriate for the method of excavation

and installation. Remove the groundwater using an engineered dewatering system

provided in the design submittal. Keep surface waters out of the excavation and pits.

The work conducted under this specification shall consist of the diversion of surface water and

ground water, as necessary to perform the construction required by the contract. The work shall

include but is not limited to: (1) constructing, installing, building, and maintaining all the

necessary temporary diversions, inclusive of coffer dam or slide rail system to isolate

construction area within the existing pond, (2) furnishing, installing, and operating necessary

pumps, piping and other facilities and equipment and (3) removing all such temporary works and

equipment after their intended function is no longer required.

The Contractor shall install, maintain, and operate all pumps, hoses, pipelines, sandbag dikes,

channels, flumes, sumps, fuel tanks and all other temporary diversions and protective works

needed to divert stream flow and other surface water through or around the project site. The

Contractor is responsible to determine the number and sizes of pumps necessary to complete the

de-watering process. Contractors shall plan their de-watering activities to account for increases

in water flow due to storms or other events.

The Contractor shall provide pumps that are in good operating order and free of leaks. Pumps

that are leaking fuel, lubricants, or other material, shall be removed immediately from the work

area, and repaired or replaced as necessary.

During de-watering operations, the Contractor must provide adequate protection from erosion at

the discharge area. The discharge of water from the pumping operations shall be undertaken so

as to prevent erosion of soils and the downstream introduction of sediment. All materials placed

for the protection of discharge outfalls are temporary in nature and shall be removed from the

project area upon completion of the de-watering process.

Upon completion of the work, the Contractor shall remove all de-watering measures.

All cost incurred to complete the control of water and its implementation shall be included in the

lump sum price bid in the proposal. There will be no direct measurement of materials for

temporary diversion operations.



SP-5, EROSION CONTROL MATTING FOR STREAM BANKS

1.0 Description

This work consists of furnishing and installing erosion control matting on the finished grade, as

designated on the plans and details, or as directed by the Engineer.

2.0 Materials

The erosion control matting shall be a machine-produced mat of 100% coconut fiber with the

following properties:

Matrix 100% Coconut Fiber

Weight 20 oz/SY (678 gm/m2)

Tensile Strength 1348 x 626 lb/ft minimum (1650.5 x 766.5 kg/m)

Elongation 34% x 38%

Open Area (measured) 50%

Thickness 0.30 in minimum (7.6 mm)

Flexibility (mg –cm) 65030 x 29590

Recommended Max Flow 11 feet/second (3.35 m/s)

Size See Plan for Limits of Matting

“C” Factor 0.002

Stakes shall be wooden stakes 12 inches (300 mm) in length with a notch cut 1 inch (25 mm)

from the top. Hardwood “Eco-stakes” or similar biodegradable stakes may be substituted with

the approval of the Engineer.

3.0 Methods

For the stream bank matting downstream of the dual pipe endwall, the area shall be first

appropriately scarified (with metal rake or track hoe bucket), Soil Mix installed, seeded with

temporary and permanent seed, lightly raked-in to one-quarter inch (0.25”) depth, and covered

with 60% coverage of long straw mulch. Seed shall be broadcast by hand. The seed mixture

shall include Temporary Seed as well as a Permanent Seed as shown in the plans.

The matting material shall be secured with stakes on three feet (3’) centers overall and every

three feet (3') on the overlapped seams. Overlap of the fabric shall be a minimum of 8". Matting

shall be securely fastened at the toe of each treated area and over the crown of the bank as shown

on the detail sheets in the plans. Material shall be dry when placed. The covered banks shall be

smooth and neatly finished. The fabric shall not be in tension but shall be neatly placed against

the surface. There shall be no soil voids under the surface of the matting at time of acceptance

by the Engineer. Bank faces shall be smooth and free of clumps larger than 2” diameter.

4.0 Measurement & Payment

All costs to complete this item shall be included in the lump sum price bid in the proposal and

shall include all labor, machinery, maintenance, hauling, preparing, and installing of the item to

complete the work in an acceptable manner. Stakes shall be considered incidental to the erosion

control matting.

Permanent riparian seeding shall be paid and measured under “Permanent Seeding”.



Temporary seeding and mulching shall be paid and measured under “General Erosion and

Sediment Control Practices”.

Erosion control matting used for all other items than streambanks, including the permanent ditch

upstream of the riser structure, will be paid under “General Erosion & Sediment Control

Practices”.

SP-6, COMPREHENSIVE GRADING

1.0 Comprehensive Grading

The work shall include contractor clearing, grubbing, excavation, placement, and compaction or

satisfactory disposal of all materials encountered within the limits of the work necessary for the

construction of the project. Earthwork shall be performed to the lines and grades indicated on

the plans.

This item shall include all earth moved, excavated and reused on-site or hauled off. All

excavated materials that are not required for the project or are unsuitable for fills shall be

considered as waste and shall be hauled off the site at the Contractor’s expense.

This item shall also include all elements of work covered by the following referenced NCDOT

Specifications:

210, “Demolition of Buildings”

230, “Borrow Excavation”

235, “Embankments”

240, “Ditch Excavation”

260, “Proof Rolling”

300, “Pipe Installation”

330, “Welded Steel Pipe”

340, “Pipe Removal”

412, “Unclassified Structure Excavation”

416, “Channel Excavation”

500, “Fine Grading, Sub-grade, Shoulders and Ditches”

545, “Incidental Stone Base”

560, “Shoulder Construction”

605, “Asphalt Tack Coat”

654, “Asphalt Plant Mix, Pavement Repair

838, “Endwalls”

840, “Minor Drainage Structures”

1032, “Culvert Pipe”

1550, “Trenchless Installation of Utilities”

This item shall also include all elements of work required for this project that are not specifically

identified in the Itemized Proposal Form.



Tree Protection - Any tree protection shown on the plans or additional tree protection necessary to

protect trees within the clearing limits that are to remain will be in included in this item.

Minor Drainage - The Contractor shall be responsible for locating and maintaining/restoring the

function of the floodplain drainage or overland flow drainage, which should be returned to a

perennial stream in a stable manner.

Safety/Protection Fence – The Contractor is responsible for installing temporary safety fence as

depicted on the construction plans. Safety fence shall serve two purposes, first it will define the

work zone thus discouraging un-authorized persons from entering, and secondly it will delineate

tree protection areas where construction equipment is not permitted. Cost of the fence is

included in this special provision and will not be considered for additional payment.

The Contractor shall construct all improvements so as to create and/or maintain positive drainage

at all times.

The Contractor shall remove all conflicting structures and other items not moved by others to

complete the project. The Contractor shall remove and replace existing street signs, utility

services, and other related or similar existing items. All items shall be replaced in a location as

shown on the plans or as directed by the Engineer. Unless noted in the project bid estimate, no

direct payment shall be made for such relocations.

Earthwork – Channel Excavation and Grading - Earthwork shall be performed to the lines,

grades, profiles, typical cross sections and notes indicated on the plans or established by the

Engineer. This includes, but is not limited to, channel excavation, site preparation for stream

structures, permanent ditch installation, and final grading. The work shall include excavation,

placement, compaction, or satisfactory disposal of all materials encountered within the limits of

the work necessary for the construction of the project. All excavated materials that are not

required for the project or are unsuitable for fills shall be considered as waste and shall be hauled

off the site at the Contractor’s expense. Stockpiled unsuitable materials shall be disposed of no

less than once per week.

There will be no direct measurement for this work and all cost incurred to complete the work as

specified shall be included in the lump sum price for Comprehensive Grading as listed in the bid

proposal.

2.0 Undercut Excavation

Undercutting shall include the removal and disposal of all objectionable materials BELOW the

proposed subgrade and as directed by the Engineer. Borrow material, if needed, shall be suitable

excavated material from the project.

For construction of drainage infrastructure (i.e., risers, storm sewer pipe, endwall), unsuitable

soils encountered below the proposed project sub-grade shall be removed, measured, replaced

with select material and paid for under NCDOT section 226, “Undercut Excavation”. The



Engineer will determine the amount and location of unsuitable soils and whether “Undercut

Excavation” is needed.

Payment for undercutting, if applicable, shall be on a per cubic yard basis as bid in the

proposal. Payment shall include all cost associated with excavating and disposing of the material

and replacing and compacting suitable excavated materials from the project.

Select material will be used as structural backfill to replace unsuitable soil, when the Engineer

deems the soil unsuitable. The Engineer will determine the amount and location of select

material to be used on the project. The Contractor shall not remove soil from the project without

approval from the Engineer.

Local material meeting the requirements for select material as specified in NCDOT Specifications

Section 1016 shall be used before material is imported to the project site. If select material is

imported, it shall meet the requirements of NCDOT Standard Specifications for Roads and

Structures, Select Material, Class III, Type II (section 1016-3), or other approved classes or

materials as directed.

SP-7, CONCRETE RISER STRUCTURES

1.0 Description

This work is for the Precast Concrete Riser Structures located at the upstream ends of the twin

48” steel pipe culvert. Precast structures shall be in accordance with the lines, grades,

dimensions, and materials shown on the plans.

Perform the work covered by this section including, but not limited to, excavation; providing

protection of employees in excavation; hauling; disposal of materials; furnishing, transporting

and placing foundation conditioning material, backfill material, subsurface drainage, concrete,

precast units, mortar, grout, and other necessary hardware, in accordance with the contract.

Use precast concrete construction as shown on approved plans.

2.0 Materials

Refer to Division 10.

Item Section

Joint Sealers 1028-2

Mortar 1040-9

Precast Drainage Structure Units 1077

Portland Cement Concrete, Class B 1000

Reinforcing Steel 1070

Select Materials 1016

Steps 1074-8



Structural Steel 1072

Use grout in precast structures consisting of one part Portland cement to two parts of mortar

sand.

Use foundation conditioning material meeting Article 1016-3 for Class V or VI select material as

shown in the contract or as directed.

3.0 Methods

(A) Excavation

Perform excavation with equipment of adequate weight, size and capability. Where

necessary, provide a competent person and protection of personnel in excavation by

sloping, shoring or bracing in accordance with Federal, State or local standards and

Article 107-1.

(B) Foundation

Do not place masonry drainage structure until the foundation has achieved adequate

strength.

Where the foundation material is found to be of poor supporting value or of rock, minor

adjustments in the location of the structure may be approved to provide a more suitable

foundation. Where this is not practical, undercut the foundation and condition by

backfilling with an approved select material.

Set precast foundation slabs to within ± 1/2 inch of grade on a 2 inch to 3-inch-thick bed

of compacted foundation conditioning material.

(C) Installation of Precast Units

Install drainage structures to plan line and grade or approved to meet drainage conditions. Do not modify the drainage structure by corbeling or use of concrete slabs unless otherwise directed.

Assemble the precast drainage structure units in accordance with the manufacturer's

instructions. Subarticle 840-3(C) applies where it is necessary to use cast-in-place

concrete, brick masonry or block masonry construction as part of the structure. Fill any

void greater than 1 inch with a brick or block bat fully encased in mortar.

Obtain approval if field conditions necessitate a variance from the plan dimensions of the structure or footings.

(D) Fittings and Connections

As the work is built up, accurately space, align and thoroughly bond fittings that enter the

structure.

Make pipe connections so the pipe does not project beyond the inside wall of the drainage structure and grout as necessary to make smooth and uniform surfaces on the inside of the structure.

(E) Backfill

Complete drainage structure and remove all forms and falsework. Backfill with approved



material, compacted to the density required by Subarticle 235-3(C), after the drainage structure has cured for at least 7 curing days, unless otherwise permitted. (F) Submittals Contractor shall provide shop drawings, sealed by a North Carolina Registered Structural Engineer, for review and approval by the Engineer prior to ordering materials and construction.


All costs to complete this item shall be included in the lump sum price bid in the proposal and

shall include all labor, machinery, maintenance, hauling, preparing, and installing of the item to

complete the work in an acceptable manner.

SP-8, STONE

1.0 Description

The work covered by this section consists of furnishing, stockpiling, placing and maintaining an

approved stone material to be used as specified in the construction plans or as directed by the

Engineer.

2.0 Materials & Methods

Stone material for “Small Boulders”, “Class A Rip Rap, Class B Rip Rap, Class 1 Rip Rap, No.

5 Stone, and No. 57 Stone” shall be composed of clean, tough, durable fragments free from fines,

organic matter and deleterious substances. The size of stone for each Class shall be as required

by NCDOT Section 1042 specifications or as approved by the Engineer.

All stone material shall meet the approval of the Engineer. Where no specific gradation is

required, the various sizes of the stone material shall be equally distributed within the required

size range. The size of an individual stone particle will be determined by measuring its long

dimension.



ACCEPTANCE CRITERIA FOR STONE MATERIAL

CLASS

REQUIRED STONE SIZES-INCHES

Minimum Average Maximum

Class A Rip Rap 2 4 6

Class B Rip Rap 5 8 12

Class 1 Rip Rap 5 10 17

Small Boulders* See below

No more than 5.0% of the material furnished can be less than the minimum size specified and no

more than 10.0% of the material can exceed the maximum size specified.

No. 5 and No. 57 stone shall meet NCDOT gradation requirements per Section 1005,

Requirements for Aggregate.

*Small Boulders

Minimum boulder dimensions of 2.5’ x 2.0’ x 1.5’ (~1 Ton) shall be individually picked by the

Contractor for use when constructing Double Drop Cross Vane. Boulders shall be relatively flat

on either side in the same dimension, preferably the long dimension, and must have smooth ends.

The Engineer reserves the right to reject any boulders not meeting this size requirement or for

irregular shape. Small Boulders larger than 5.0’ x 3.0’ x 2.5’ shall not be permitted.

3.0 Certification

The Contractor will be responsible for providing written certification (“truck tickets”) that the

delivered stone material weight and gradation for each truck load meets the requirements as

stated in this special provision.



specified shall be included in the lump sum price for Stone as listed in the bid proposal. The

lump sum bid price for this item shall include all labor, machinery, maintenance, hauling,

preparing, and installation of the item to complete the work in an acceptable manner.

“Stone” used for temporary erosion control measures will not be measured and paid under this

special provision and is to be included in General Erosion Control & Sediment Practices lump

sum bid.

“Foundation Conditioning Stone” used under drainage structures will not be measured and paid

under this special provision.



SP-9, FILTER FABRIC

1.0 Description


supervision and tools, and performing all work necessary for installation of filter fabric as shown

on the plans and details.

2.0 Materials

The fabric shall meet the material requirements indicated in NCDOT Specifications Section 1056

– for Type 2 Filter Fabric. Materials also include all necessary hardware to properly secure

fabric per manufacturer’s recommendations.

3.0 Methods

Filter fabric shall be installed per plans and details with a minimum overlap of 3 feet. Filter

fabric is required under instream structures, boulder steps, riprap downstream of culvert, and rip

rap at the upstream end of the permanent ditch.



specified shall be included in the lump sum price for Filter Fabric as listed in the bid proposal.

The lump sum bid price for this item shall include all labor, machinery, maintenance, hauling,

preparing, and installation of the item to complete the work in an acceptable manner.

SP-10, IN-STREAM STRUCTURES

1.0 Description

The work covered by this section consists of the construction of in-stream structures to stabilize

streambanks, protect the channel and improve aquatic habitat. In-stream structures include but

are not limited to boulder steps.

2.0 Materials

Boulders for in-stream structures shall conform to the specifications for boulders described in the

“Stone” section. The different classes of stone shall conform to their respective specifications in

the “Stone” section.

Filter fabric for sealing structures shall meet the material requirements specified in the “Filter

Fabric” section.

3.0 Methods

This item shall consist of the excavation, placement of stone materials, and backfill associated

with the installation of bid item in-stream structures. A track-mounted excavator with a hydraulic

thumb of sufficient size to grasp and move boulders is required.

Excavation for In-Stream Structures shall be completed below design grade to allow for

appropriate footers or depth of stone fill as designed. Refer to the construction plans for exact



installation details and locations of structures. Footer boulders shall be placed first, with header

boulders placed on top prior to any back filling of the trench. Boulders shall be selected and

positioned such that they butt tightly together and there are multiple contact points between all

boulders. Boulder steps shall include filter fabric installed on the upstream side of the structure to

prevent the washout of sediment through boulder gaps. Fabric shall extend from bottom of footer

boulder to finished grade elevation on the upstream side of the structure. Fabric shall be placed

the entire length of the structure. Gaps between boulders shall be filled with excavated stream

material or additional stone. In the center, or cross portion of the channel, the header boulder

shall be placed such that the top of the header boulder is at an elevation equal to the design bed

elevation. The header boulders in the side, or wing, portion shall be placed in such a manner as

they slope up from bed elevation, until it ties into the outside bank at a point that is in the plan

details or as directed by the Project Engineer. The header boulders shall tie into the outside bank

at an elevation that is below bank-full and shall allow for the establishment of vegetation on the

channel stream bank. Header and footer boulders at both banks shall be tied in securely to the

bank in such a way that eliminates the possibility of water diverting around them.

The Engineer may adjust the excavation limits to improve the structure subgrade conditions

during construction. Excavated material shall be placed on the upstream side of the structures or

as directed by the Engineer.

Unless otherwise approved by the Engineer, excavation to prepare the subgrade for the

installation of in-stream structures shall be consecutive and continuous. Once the excavation of a

structure has begun, the structure shall be completed by the end of the workday. All equipment

shall be removed from the stream at the end of each workday.

Any accumulation of sediment in the channel shall be cleaned as needed during construction and

at the end of construction. No separate payment will be made for this clean-up work.

Any disturbed soil after construction of an in-stream structure shall be seeded using “Temporary

Seeding”. In addition, “Permanent Seeding” shall be over seeded in these areas.


No separate measurement of materials will be made under this item.

The quantity of Boulders, Class A Rip Rap, Class B Rip Rap, Class 1 Rip Rap, and No. 5 Stone

will be measured and paid for under “Stone”.

Filter fabric will be paid for under “Filter Fabric”.

Live Staking of Stream Banks will be paid under “SP-12, Live Staking”.

Excavation and backfilling for the placement of in-stream structures shall be considered

incidental to the structures and no separate payment will be made.



SP-11, TRENCHLESS INSTALLATION (BORE AND JACK) TWIN 48” STEEL

CULVERT PIPES

1.0 Description

The work shall include installation of twin 48” welded steel pipes using trenchless methods,

including clearing, grubbing, excavation, placement, and compaction or satisfactory disposal of

all materials encountered within the limits of the work necessary for the bore and jack of the twin

48” steel culvert pipes under Springside Drive.

This item shall include welded steel pipe materials, equipment, labor and associated work for the

installation of the culvert pipes.

An engineer licensed by the State of North Carolina shall design the method and certify the work will not damage the roadway above or endanger the roadway user.

This item shall also include all elements of work covered by the following referenced NCDOT

Specifications:

330, “Welded Steel Pipe”

1550, “Trenchless Installation of Utilities”

This item shall also include all elements of work required for this project that are not specifically

identified in the Itemized Proposal Form.

The Contractor shall construct all improvements so as to create and/or maintain positive drainage

at all times.

The Contractor shall remove all conflicting structures and other items not moved by others to

complete the project. The Contractor shall remove and replace existing street signs, utility

services, and other related or similar existing items. All items shall be replaced in a location as

shown on the plans or as directed by the Engineer. Unless noted in the project bid estimate, no

direct payment shall be made for such relocations.

2.0 Materials

Refer to Division 10.

Item Section

Welded Steel Pipe 330

Welded Steel Pipe shall comply with AWWA C-200, ASTM A-139 Grade “B” Steel, 0.500 inch

thickness, 35,000 PSI min yield strength.

Drilling fluids consist of water, bentonite and polymer additives.



3.0 Methods

(A) General

Install the pipe to the lines and grades shown in the plans. Use workers that are skilled in the method of construction. Construct with good workmanship by skilled workers along with proper safety precautions.

Locate ends of trenchless construction and pits beyond the vehicle recovery area of the

roadway. The vehicle recovery area may be reduced using acceptable traffic control

methods.

(B) Design

Contract plans will show a trenchless method including but not limited to length, profile

and bore pit locations based on available information. The Contractor’s design shall

confirm this method is appropriate for the field conditions and for the specified pipe.

Subsurface information in the vicinity of the trenchless installation may be available in

accordance with Section 102-7.

Assess soil conditions expected during trenchless operations.

Design the method to minimize the vertical movement of the pipe or the completed

roadway section. Use methods of construction and installation that will not disturb the

soils outside of the immediate vicinity of the pipeline or pits.

Before construction, provide detailed plans for the method of installation certified by

an engineer licensed by the State of North Carolina. Provide certified calculations

demonstrating the method of installation as safe and of minimal risk. Provide certified

calculations of the structural adequacy of all materials. The design shall meet

AASHTO LRFD Bridge Design Specifications. An engineer licensed by the State of North Carolina shall certify changes or modifications to the designed method as needed for actual field conditions.

(C) Water Control

See SP-4 Control of Water for water control required.

(D) Shoring

Provide temporary or permanent shoring as shown on the plan or as needed. Provide

temporary shoring to maintain the hole or pit excavation for the duration of the work.

Fill all voids around the excavation and shoring with structural fill material as work

progresses.

(E) Pre-Construction Meeting

The Contractor shall conduct a pre-construction meeting with the Engineer

to review the proposed method for installation of the pipe. Conduct the meeting at least

48 hours before beginning installation. The meeting shall consist of, but is not limited to:

(1) Presentation of the construction methods for understanding by all involved,

(2) Presentation of methods for filling any potential voids around the pipe,



(3) Demonstrating that appropriate equipment and materials are on site,

(4) Providing a progress schedule, and

(5) Demonstrating ability to react to failures or roadway settlement or heave.

Trenchless Methods

(A) Bore and Jack

Use equipment suitably sized and designed to simultaneously bore or drill the soil or rock

while pushing or jacking pipe on a controlled grade. Position the cutter head within one

diameter of the leading edge of the pipe. In cohesive, dense and dry soils and rock, position

the cutter head in front of the leading edge. In non-cohesive or loose soils, position the

cutter head inside the pipe. Dry bore only, do not use jetting or wet boring methods. Use

drilling fluids only on the outside of pipe for lubrication or hole stabilization. Minimize

over bore, match cutter diameter to the outside diameter of the encasement pipe. Limit

overbore to the O.D. + 0.5 inches. Provide steering controls as necessary to maintain line

and grade.

(B) Lubrication and Drilling Fluids

Use drilling fluids for lubrication. Do not use water alone.

4.0 Quality Control

The Contractor, at no cost to the Department, shall replace or repair damaged or defective installations. The method to be used shall be designed by the Contractor’s engineer and approved by the Engineer.

(A) Ground Movement

Before excavation, establish two control points for measuring vertical movement of the

road: one for each pipe at the centerline of the road. A land surveyor licensed in the State of

North Carolina shall monitor these points daily until construction is complete.

Cease trenchless operations when measured movement exceeds 0.02 feet. Determine cause

of settlement and repair as necessary. Modify trenchless methods as needed.

Contractor shall make visual inspection of the live sanitary line using in-line camera and

light source to ensure that bore and jack operations are not causing deflection of the

existing line. Halt operations and notify the bore and jack design engineer if any deflection

is observed.

(B) Leakage

All pipes shall be inspected for groundwater leaks into the pipes and sealed with appropriate measures for the pipe material.

(D) External Voids

Fill all external voids greater than 2 inches high or 2 feet wide. Fill with flowable fill, grout or Class II or III select material.





specified shall be included in the lump sum price for Trenchless Installation (Bore and Jack) Twin

48” Steel Culvert Pipes as listed in the bid proposal.

SP-12, LIVE STAKING OF STREAM BANKS

1.0 Description

Live staking involves the insertion of live, vegetative cuttings into the ground in a manner that

allows the cutting (stake) to take root and grow.


supervision and tools, and performing all work necessary for installation of live staking as shown

on the plans and details.

2.0 Materials

Live stakes shall be a mix of 40% Silky dogwood (Cornus amomum), 40% Willow (Salix

sericea), and 20% Elderberry (Sambucus canadensis). Contractor to obtain approval from the

Engineer for a change in the % distribution of materials due to availability. Harvest stake

material from the site where possible. Stakes are branches or small limbs cut from a larger tree or

shrub. If material is not available on-site, check with surrounding landowners or nurseries.

Stakes shall be harvested and planted when the willows, or other chosen species, are dormant.

When harvesting cuttings, select healthy, live wood that is reasonably straight. Use live wood at

least 2 years old. Avoid suckers of current years growth as they lack sufficient stored energy

reserves to sprout consistently. The best wood is 2-5 years old with smooth bark that is not

deeply furrowed. Trimming the terminal buds on the willow will redirect the plants energy to

root growth.

Make clean cuts without splitting ends. Trim branches from cutting as closely as possible. The

butt end of the cutting shall be pointed or angled, and the top end shall be cut square to help

identify the top and bottom when planting. The top, square cut, can be painted and sealed by

dipping the top 25 -51 mm (1-2 inches) into a 50-50 mix of light-colored latex paint and water.

Sealing the top of stake will reduce the possibility of desiccation, assure the stakes are planted

with the top up, and makes the stakes more visible for subsequent planting evaluations.

Cuttings should generally be ¾ inch in diameter or larger depending on the species. Cuttings of

small diameter (up to 1 ½ inches) shall be 18 inches long minimum. Poles should be 1.5-3.5

inches in diameter and 6 feet long.

Preparation

Stakes should range from one-half inch to 2 inches in diameter with an average length of 3 feet.

Cut stakes with an angle on the bottom and flush on tops, with buds oriented upward. Trim all

side branches cleanly so the cutting is one stem. Keep stakes cool and moist to keep them alive

and dormant.



Stakes must not be allowed to dry out. All cuttings should be soaked in water for 5-7 days (a

minimum of 24 hours). Soaking significantly increases the survival rate of the cuttings, however

they must be planted the same day they are removed from water.

3.0 Methods

Plant stakes in late fall to early spring while they are dormant. Install stakes in areas designated

on the plans. Stakes are to be installed 2 to 4 feet apart using triangular spacing along the

streambanks within the area designated on the plans. Adjust spacing as needed to provide

coverage in the live stake planting zone.

Drive stakes into the ground with a rubber hammer, or make a hole using a metal bar and slip the

stake into it.

Plant the stakes butt-ends into the ground, with the leaf bud scars or emerging buds always

pointing up. Be careful not to damage the buds, strip the bark or split the stake during

installation.

Tamp each stake in at a right angle to the slope, keeping one-half to four-fifths of the stake

below the ground surface. At least two buds (lateral and/or terminal) should remain above the

ground surface. It is essential to have good contact between the stake and soil for roots to sprout

Pack the soil firmly around the hole afterward. Do not use split stakes.



specified shall be included in the lump sum price for Live Staking on Stream Banks as listed in

the bid proposal. The lump sum bid price for this item shall include all labor, machinery,

maintenance, hauling, preparing, and installation of the item to complete the work in an

acceptable manner.


CLEARING, GRADING, AND EXCAVATION 02000-1

Springside Culvert Replacement Technical Specifications Village of Clemmons May 2021


SECTION 02000 – CLEARING, GRADING, AND EXCAVATION

PART 1 - GENERAL

1.01 RELATED WORK IN OTHER SECTIONS:

A. The Drawings and provisions of the General Conditions, Technical

Specifications, and Special Provisions, are included as a part of this Section as

though bound herein.

1.02 DESCRIPTION OF WORK:

A. Drawings and general provisions of the Contract, including General Conditions,

Special Provisions, and Technical Specifications, apply to this section.

B. The Contractor shall furnish all materials, labor, and equipment necessary to

perform clearing, grading, excavation, placement, compaction, and associated

work on the project or projects covered by these Construction Specifications.

C. The Contractor shall remove, and satisfactorily dispose of all materials cleared,

grubbed, and/or excavated within the proposed clearing and grubbing limits

indicated on the Plans and/or specified by the Engineer, including unsuitable

subgrade materials and the replacement with satisfactory materials.

D. This item shall consist of such clearing, grading, and excavation as is necessary

for berms, inlets, outlets, and lateral drainage ditches and for the formation,

compaction, and the shaping of all channels and streambanks to conform to the

lines and grades of typical cross sections and contours shown on the Plans and/or

specified by the Engineer.

E. This item shall include the removal and proper disposal of all down timber, logs,

brush undergrowth, fences, trees, hedgerows, pipes, rock, debris and existing

asphalt and concrete surfaces, as required.

F. All suitable material removed in the excavation shall be used as far as practicable

in the formation of embankments, subgrades, and shoulders, and at such other

places as may be indicated on the plans or directed by the Engineer. Unsuitable

material and excess excavated material not required on this project shall be

properly disposed of offsite at no additional cost to the Owner.



1.03 DEFINITIONS:

A. Geotechnical Engineer (also referred to as Soils Engineer) is a qualified

Professional Engineer who is employed by a qualified geotechnical firm, which is

representing the Owner to identify soils, rock formations, check soil moistures

and densities, classify materials, and perform other related functions.

B. Unsuitable material includes soils that, for any reason, will not place and compact

satisfactorily. Unsuitable material shall include, but not be limited to, soils high

in organic content, soft soils, spongy or frozen soils, topsoil, and sod.

1.04 SITE EXAMINATION AND SUPERVISION:

A. Contractor shall visit the site, familiarize himself with actual conditions, and shall

verify existing conditions in the field. Contractor shall promptly report in writing

to the Engineer, discrepancies and conditions that vary from information shown

and/or specified that could adversely affect the performance of the work required.

B. Contractor shall verify all existing underground utility locations either shown or

not shown on the Plans. Contractor shall also visibly mark and identify all

underground utilities and shall immediately inform the Engineer, the same

working day, of their location.

C. Contractor shall perform work to conform to applicable federal, state, county, and

city laws, codes and regulations, and with Contract requirements.

D. Contractor shall notify utility companies, Engineer, and Owner at least two (2)

weeks before starting clearing and grubbing. Request identification or action on

hidden lines in the work areas.

1. Contractor shall protect known utilities to remain from damage and shall

use precautions to prevent damage to overhead lines.

2. If existing utility lines not shown or not known by the Contractor are

encountered and exposed or damaged, contractor shall immediately notify

the Engineer and Owner.

1.05 PROTECTION:

A. Contractor shall maintain carefully all benchmarks, monuments, and other

reference points. If disturbed or destroyed, replace as directed. If found at

variance with the Plans, notify Engineer before proceeding to lay out work.

B. Protection of Existing Work Remaining:



1. All existing curbs, sidewalks, gates, signs, fences, pastures, fields, roads,

trails, and paving damaged in performance of this work shall be restored

in manner prescribed by authorities having jurisdiction and to the

complete satisfaction of the Engineer and Owner.

2. Existing utility services shall not be interrupted, except as authorized in

writing by Owner; and only after temporary services have been installed

by Contractor and approved by Owner and Engineer, or applicable utility

company.

3. Provide barricades, coverings, and other type of protectors necessary to

prevent damage to existing piping and structures to be left in place at the

project site.

C. Contractor shall provide barricades and other types of safeguards for protection of

Owner's property, adjacent property, and public.

1.06 QUALITY ASSURANCE:

A. Contractor shall consult with the Owner and the Engineer prior to beginning

clearing and grubbing. A full understanding shall be reached as to procedure.

The Contractor shall then conduct clearing and grubbing operations in strict

accordance with these agreements.

B. Compaction shall be completed in accordance with the standards of ASTM D-698

as amended.

C. The Owner shall retain the services of a testing laboratory to perform all tests

required at the project site, including monitoring of structural fill construction by

a qualified geotechnical technician. The field compaction control shall be

provided to identify any potential problem areas.

1.07 CLASSIFICATION OF EXCAVATION:

A. All material excavated from the project limits in order to achieve the site lines,

grades, and cross sections shown on the plans shall be classified as Unclassified

Excavation.

B. Undercut excavation shall consist of the excavation and disposal of unsuitable

materials below the proposed subgrade, as directed by the Engineer, and the

proper disposal of the material off-site or at designated areas on-site.



C. The Contractor shall conduct undercut operations in such a way that the Engineer

can take the necessary measurements before any backfill is placed. All materials

which the Contractor has been directed to excavate from a location below the

finished graded cross section will be classified as undercut excavation and will be

measured separately.

PART 2 - PRODUCTS

2.01 EXCAVATION AND COMPACTION EQUIPMENT:

A. The Contractor shall select the excavation equipment to excavate the various

materials in conformance with this Specification section. However, any

equipment that results in waste of material, or results in inaccurate work, or is

otherwise objectionable, shall be replaced promptly as directed by the Engineer.

B. Compaction equipment shall be adequate in number and types of units, and in

capacity, to secure continuously the density requirements of this section for each

layer of fill. Selection of equipment shall be left to the Contractor, and it shall be

his responsibility to provide equipment that shall produce the required density. In

event of failure to reach the required density due to equipment, the Contractor

shall substitute more effective equipment, add more compaction units, or reduce

the rate of fill placement to permit available equipment to produce the required

density. Appropriate equipment shall be required to keep each layer of the fill

properly shaped and with proper moisture content.

2.02 BORROW MATERIAL:

A. Suitable fill materials shall have Unified Soil Classifications of SM, SC, ML, or

CL and have at least 40% passing a #200 sieve with a plasticity index of at least

7% unless otherwise approved by the Engineer. The organic content of the soil

shall be 3% or less.

B. The Contractor shall submit Proctor density curves for potential sources of

borrow material. All borrow material shall be approved by the Engineer prior to

use.

C. Borrow material shall consist of the excavation, hauling, placement, and

compaction of approved borrow material from a location off the project site as

arranged by the Contractor.

D. The Contractor will be responsible for moisture condition of the soils as necessary

to meet technical specifications at no additional cost to the Owner.



2.03 TOPSOIL:

A. Topsoil shall consist of natural loamy soil suitable as surfacing for lawns,

occurring usually in a surface layer of 6” to 18” thick.

B. Topsoil shall be removed from the work sites and shall be stockpiled for

subsequent reuse. Stockpile locations shall be approved by the Engineer.

PART 3 - EXECUTION

3.01 PRELIMINARY WORK:

A. Key sedimentation and soil erosion control measures shall be installed prior to

beginning significant clearing operations.

3.02 GENERAL:

A. Except as otherwise permitted by the Engineer, areas shall be graded and/or

excavated so as to provide adequate continuous drainage.

B. The Contractor shall be responsible for the accommodation and the maintenance

of base and storm flows in all areas of the project site throughout the construction

period.

C. Where springs or other seeping water is encountered, the Contractor shall make

adequate provisions for collecting and disposing of this water.

3.03 CLEARING, GRUBBING, AND STRIPPING:

A. Where trees or brush exist at the site of the work, the construction areas shall be

cleared and trees, stumps, and roots grubbed. All areas shall be stripped to such

depth as to remove all vegetation, topsoil, turf, roots, organic matter, and other

objectionable materials.

B. Use equipment and methods for clearing and grubbing in a manner to prevent

damage to trees and plants which are to remain within and adjacent to contract

limits and to avoid hazard to public and property.

C. The operations of the Contractor shall be conducted with full consideration of all

the proper and legal rights of the Owner, and of adjacent property owners and the

public, and with the least possible amount of inconvenience to them.

D. Avoid unnecessary skinning and bruising of bark and cutting, breaking or

skinning of roots. Do not tie cables or chains around trunks of remaining trees.



E. All brush, stumps, laps, roots, and logs shall be removed from the entire

construction area and disposed of off-site or on-site to the Engineer’s satisfaction.

F. Do not operate heavy vehicles over the root zones of trees to remain.

G. No open burning shall be allowed, unless prior written approval is obtained from

the Owner and the Engineer.

H. Should any existing surface and/or sub-surface drainage pipe be found at the

project site, the Contractor shall notify the Engineer immediately to determine

whether the pipe should remain, be extended and/or modified, or be removed.

I. The Contractor shall reflect any existing drainage pipes on the “Record

Drawings” (also referred to as “As-Built Drawings”).

J. If abandoned foundations, pipes, drainage structures or other obstructions are

encountered that are not shown on the Plans, the Contractor shall notify the

Engineer before proceeding with the work, and adjustments shall be made only as

directed by the Engineer.

K. Minor debris, trash, fences, waste concrete, waste metal, and pipes that may be on

the site shall be removed and disposed of to the satisfaction of the Engineer and

Owner.

L. All pollutable waste material shall be properly disposed in the nearest landfill

unless otherwise approved by the Engineer. Other wastes shall be legally

disposed of at a convenient site located by the Contractor, subject to the approval

of the Engineer and Owner.

3.04 DISPOSAL OF WASTE MATERIAL:

A. Except for items to be retained by Owner, trees and plant materials and waste

material, rubble and debris removed during site clearing operations shall be

removed from the site and legally disposed of off the Owner's property.

B. Legally dispose of waste materials off Owner's property as they are produced. Do

not bury, spread or stockpile debris on site, except as directed by Owner and

Engineer.

C. Do not burn any debris, except as allowed by code and with Owner's consent.

3.05 REMOVAL OF EXISTING STRUCTURES:



A. This work shall consist of the complete removal and satisfactory disposal of all

structures, old pavements, abandoned pipelines and utilities, and any other

obstructions within the limits of the earthwork, unless otherwise indicated on the

Plans or directed by the Engineer.

3.06 PROTECTION AND REPAIR:

A. Where roots 1 1/2" diameter or larger of retained trees are cut during excavation,

coat the cut faces with an emulsified asphalt or other acceptable coating.

Temporarily cover exposed roots with wet burlap to prevent roots from drying

out. Cover with earth as soon as possible.

B. Observe restrictions to parking and storage of building materials over tree root

zones.

C. Repair satisfactorily the construction damage to remaining trees and shrubs.

D. Where excavation or stripping is required within the drip line of trees to be saved,

use a narrow trenching machine to cut roots at limit of excavation. Avoid ripping

tree roots. If root trimming is necessary, make clean, sharp cuts.

3.07 GRADING PREPARATION:

A. Grade stakes shall be maintained as required. Layout work shall be referenced to

benchmarks, base lines, property lines, easements, and/or rights-of-way as

indicated.

B. Where new grades tie into existing grades, existing grades shall be verified. If

existing conditions are at variance with the Plans, the Engineer shall be notified

before proceeding with the work, and adjustments shall be made only as directed

by the Engineer.

3.08 EXCAVATION AND GRADING:

A. Excavation and grading shall include all site grading, channel excavation,

backfill, and stream structures construction. Excavation and grading shall also

include borrow, disposal of excess material off-site (or on-site as approved by the

Engineer), procuring and placing topsoil, cleanup, and dressing off. This item

shall also include all necessary dewatering, soil aeration (drying), soil wetting,

sheathing, bracing, cofferdam work, pumping, and protection.

B. All excavation and grading shall be confined to the construction area, as shown on

the Plans, and shall be done in an approved manner, with proper equipment.

C. All construction operations shall comply with local codes, ordinances, and

requirements of agencies having jurisdiction.



D. All construction operations shall be accomplished in accordance with applicable

regulations of the North Carolina Department of Labor, Occupational Safety and

Health Administration (OSHA).

E. Slope sides of excavations are to comply with codes, ordinances, and

requirements of agencies having jurisdiction. Shore and brace where sloping is

not possible because of space restrictions and potential instability of material

excavated. Maintain side slopes of excavations in a safe condition until

completion of backfilling.

F. The Contractor shall be responsible for any dewatering required for construction.

The Contractor shall provide and maintain whatever means required for

dewatering including ditching, drains, pumping, bailing, and well pointing.

G. Site grading shall conform to the grades indicated by finish contours, cross

sections, and/or spot elevations on the Plans. Accuracy of finished grades shall be

+/- 0.1 feet. Where topsoil, sand base, or other items are shown or called for, the

rough grade shall accommodate these items. Excavation shall be made to the

elevations, slopes, and limits called for on the Plans or as directed by the

Engineer.

H. Materials for fills shall be spread evenly and the compaction equipment routed

over the work to obtain uniform compaction. Fills shall be compacted to at least

ninety-five percent (95%) of Standard Proctor Maximum Dry Density, unless

otherwise specified by the Engineer.

I. Fill materials shall be placed at moisture contents from 2% dry of optimum

content (as determined by ASTM-698) to the maximum percentage wet of

optimum (or as directed by a Geotechnical Engineer) which will still allow

achievement of required compaction and sufficient stability to allow obtainment

of compaction with subsequent lifts. Material that is too dry for proper

compaction shall be moistened by suitable watering devices, turned and harrowed

to distribute the moisture, and then properly compacted. When material is too wet

for proper compaction, fill soils shall be dried prior to compaction. The soils shall

be dried by aeration discing, harrowing, or other methods until the materials can

be compacted to the specified density. Select material, as needed shall be

provided from the work site or other acceptable source. Moisture conditioning is

to be performed at no additional cost to the Owner.

J. All cuts, fills, and slopes shall be neatly dressed off to the required grade or

subgrade as indicated on the Plans.

K. Where necessary, the sides of excavation shall be shored and sheathed, or

cofferdams built, as required for protection of the work and employees.



L. Engineered Fills:

1. Remove all deleterious materials from areas to be filled. Prior to placing

fill material, surface of ground shall be scarified to a depth of 6", and

moisture content of loosened material shall be such that it will bond

readily with first layer of fill material, unless directed otherwise by the

Engineer.

2. Where soft surface soils have been undercut, and where unsuitable

material is required to be removed, replace with approved fill material.

3. Do not deposit any fill on a subgrade that is frozen or that contains frost.

Do not deposit any fill on a subgrade that is muddy, unless otherwise

indicated on the Plans, specified in the attached geotechnical engineering

report, or directed by the Engineer.

M. Should soft or unsuitable material be encountered at subgrade elevation, such

material shall be removed and replaced with acceptable compacted select

material, obtained on-site or off-site at the direction of the Engineer. Any other

excavation below grade shall be replaced with good material, without additional

compensation therefor.

3.09 ROCK:

A. If rock is encountered, the Contractor shall notify the Engineer immediately.

B. Rock Excavation:

1. Mass rock excavation shall be defined as the removal of a formation that

cannot be excavated without systematic drilling and blasting. Boulders

larger than 1/2 cubic yard shall be classified as rock. The Contractor may

demonstrate that the material cannot be ripped with a D-8 dozer or

equivalent, pulling a single-tooth ripper. The Contractor may be required

to provide equipment specification data verifying the above-required

minimum capacity for the equipment used for demonstration purposes.

The equipment is to be in good repair and in proper working condition.

2. Trench rock excavation shall be defined as the removal of a formation that

cannot be excavated without systematic drilling and blasting. Boulders

larger than 1/2 cubic yard shall be classified as rock. The Contractor may

demonstrate that the material cannot be removed with a backhoe equipped

with a maximum 1/2 cubic yard heavy duty trenching bucket with rock

teeth placed on a Cat 325 or equivalent. The Contractor may be required to

provide equipment specification data verifying the above required

minimum capacity for the equipment used for demonstration purposes.

The equipment is to be in good repair and in proper working condition.



a. Typical of materials classified as rock are boulders one-half (1/2)

cubic yard or more in volume, solid rock, rock in ledges, and rock

hard cementitious aggregate deposits.

b. Intermittent drilling, blasting, or ripping performed to increase

production and not necessary to permit excavation of material

encountered shall be classified as common excavation.

c. Do not perform rock excavation work until material to be

excavated has been cross-sectioned and classified by the

Contractor, and such information provided to the Engineer for

approval. Such excavation shall be paid on basis of Contract

Conditions relative to changes in work.

d. Rock payment lines are limited to the following:

(1) Two (2) feet outside of concrete work, for which forms are

required, except foundations.

(2) One (1) foot outside perimeter of foundations.

(3) In pipe trenches, six (6) inches below invert elevation of

pipe and two (2) feet wider than nominal diameter of pipe.

Trench width shall be a minimum of three (3) feet wide.

(4) Outside dimensions of concrete work where no forms are

required.

(5) Under slabs on grade, six (6) inches below bottom of

concrete slab.



1.01 BACKFILLING:

A. As far as practicable, backfill shall be brought up evenly on each side of conduits,

structures, and other facilities.

B. Preparation:

1. Before placing backfill, remove all debris subject to termite attack, rot, or

corrosion, and all other deleterious materials from areas to be backfilled.

2. Remove and dispose of rock in excess of 4" diameter.

3. All backfill material shall be as specified herein for fill material.

C. Backfill adjacent to conduits, structures, and other facilities shall be completed as

soon as possible, in conformance with the following:

1. Backfill shall consist of clean acceptable earth, free from trash, wood,

large rocks, vegetable matter, organic matter, and other injurious material.

Suitable fill shall have Unified Soil Classifications of SM, SC, ML, or CL

with at least 40% passing the #200 sieve and a plasticity index of at least

7%.

2. Backfill shall be placed in 4” to 6” loose layers for full width of cross

section. Where manual, hand-held, or light compaction equipment is used,

the backfill shall be placed in 4” (max.) loose lifts.

3. Backfill shall be thoroughly compacted by rolling or pneumatic tamping

after a light sprinkling with water (if required) to 95% of the Standard

Proctor Maximum Dry Density as defined by ASTM D-698 as amended,

with any subsequent settlement being refilled. This requirement shall be

increased to 98% of ASTM D-698 as amended, in the final 12 inches

beneath pavements.

4. Backfill shall be placed at moisture contents from 2% dry of optimum

content (as determined by ASTM-698) to the maximum percentage wet of

optimum which will still allow achievement of required compaction and

sufficient stability to allow obtainment of compaction with subsequent

lifts. Moisture conditioning is to be performed at no additional cost to the

Owner.

5. Care shall be taken to protect piping and other utilities during backfill

operations.

6. Excessively wet, soupy or mucky material shall be removed from the area

around structures prior to backfill.



7. Backfill around non-waterholding structures shall be completed upon

completion of the structure above finish grade, and all piping has been

properly installed and tested. Backfill shall NOT be placed against any

portion of concrete structures until the concrete has reached at least 70%

of its design strength.

1.02 TOLERANCES:

A. Surface of finished grade generally shall be not more than 0.1 feet above or below

established grade or approved cross section.

B. All ditches and swales shall be finished to drain readily. Unless otherwise

indicated, subgrade piping shall be sloped evenly to provide drainage at a grade

not less than 1/4" per foot (2.0 percent).

1.03 FINE GRADING, PLACEMENT OF TOPSOIL, AND CLEANUP:

A. Upon completion of excavation, grading, and backfill, the entire work area shall

be fine graded and dressed off to the indicated grades. If necessary to establish

proper grass cover as specified on the Plans and/or Specifications, at least 6” of

topsoil shall be placed on all disturbed non-paved areas, except for roadways,

parking lots, sidewalks, walking trail, and stream channel, with the final level of

topsoil conforming to the design finished elevations. Topsoil shall be free of

debris, sticks, excessive amounts of weeds, and other deleterious substances.

B. Upon completion of the fine grading and placement of topsoil (if topsoil is

required), the entire site shall be cleaned up and dressed off and all excess

material and debris disposed of to the Owner’s and to the Engineer’s satisfaction.


SEEDING AND MULCHING 02480-1



SECTION 02480 – SEEDING AND MULCHING

PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. Drawings and general provisions of the Contract, including General Conditions,

Technical Specifications, and Special Provisions, apply to this Section.

1.02 SUMMARY:

A. This section covers the furnishing of materials, labor, and equipment necessary to

perform the seeding and mulching work on the project or projects covered by

these Construction Specifications.

B. The work of seeding and mulching shall be performed immediately upon

completion of grading.

C. The Contractor shall adapt his operations to variations in weather or soil

conditions as necessary for the establishment and growth of the grasses or

legumes.

D. In all operations, care shall be taken to preserve the required line, grade, and

cross-section of the area.

1.03 PRODUCT HANDLING:

A. The Contractor shall store lime, fertilizer, soil conditioners, and seed in a dry area,

free from physical abuse of any kind. Store on pallets off of ground.

B. During handling, the Contractor shall protect lime, fertilizer, soil conditioners,

and seed from damage of any cause.

PART 2 - PRODUCTS

2.01 SEED:

A. Seed shall be certified by and comply with the rules and regulations of the N.C.

Department of Agriculture.

B. Only high quality seed shall be used. Wet, moldy, or otherwise damaged seed or

seed containing excess of noxious weeds shall not be acceptable.

C. Each variety of seed shall be furnished and delivered in separate bags.



D. If seed is to be mixed before sowing, it shall be mixed by methods that shall mix

the seed thoroughly and uniformly without causing damage to the seed.

E. Seed shall be clean; delivered in original unopened packages; and bearing an

analysis of contents.

F. Seed shall be guaranteed 95 percent pure; and shall have a minimum germination

rate of 85 percent (within 1 year of test).

2.02 FERTILIZER:

A. Fertilizer shall comply with the rules and regulations of the N.C. Department of

Agriculture.

B. Fertilizer shall be manufactured from cured stock and have an analysis of 10-10-

10.

C. During handling and storage, the fertilizer shall be protected against hardening,

caking, or loss of plant food values. Any hardened or caked fertilizer shall be

pulverized to its original condition before being used.

1. Fertilizer shall conform to applicable State fertilizer laws; with availability

of plant nutrients conforming to standards of AOAC. Fertilizer shall be

uniform in composition, dry, and free-flowing.

2. Fertilizer shall be delivered in original, unopened containers bearing

manufacturer's guaranteed analysis.

2.03 LIME:

A. Lime shall comply with the rules and regulations of the N.C. Department of

Agriculture.

B. Lime shall be agricultural grade ground dolomitic limestone containing not less

than 85% of combined calcium and magnesium carbonates.

C. Lime shall be so graded that 100% shall pass a No. 10 sieve and 40% shall pass a

No. 100 sieve.

D. During handling and storage, lime shall be protected against hardening and

caking. Any hardened or caked lime shall be pulverized to its original condition

before being used.



2.04 MULCH AND MATTING:

A. Mulch shall consist of clean grain straw reasonably free from mature seedbearing

stalks, roots, or bulblets of Johnson Grass, Nutgrass, Sanbur, Wild Garlic, Wild

Onion, Bermuda Grass, Crotalaria, Witchweed, and restricted noxious weeds as

defined by the N.C. Department of Agriculture at the time of use.

B. Mulch that is matted or lumpy shall be loosened and separated before being used.

C. Matting shall be heavy twisted jute mesh. Openings between strands shall be

approximately 1" square.

PART 3 - EXECUTION

3.01 The seedbed shall be properly prepared and true to line and grade with lime and fertilizer

worked into the soil 4” to 6” deep. All weeds and other unacceptable growth shall be cut

and disposed of properly. Uneven and rough areas shall be smoothed to provide a

uniform surface. The soil shall be loosened to a minimum depth of 5” and all clods shall

be broken up. The top 2” or 3” of soil shall be worked into an acceptable seedbed by the

use of approved methods. On cut slopes steeper than 2-H:1-V, the Engineer may permit

the depth of preparation to be reduced, but in all cases the slope surface shall be scarified,

grooved, trenched, or punctured so as to provide places in which the seeding materials

can lodge.

3.02 Lime and fertilizer shall be distributed uniformly over the prepared seedbed at the

specified rates and then harrowed, raked, or otherwise thoroughly worked or mixed into

seedbed. Seed shall be distributed uniformly over the prepared seedbed at the specified

rate and immediately harrowed, dragged, raked, or otherwise worked so as to cover the

seed with a layer of soil. Immediately after seed has been properly covered, the seedbed

shall be compacted by means approved by the Engineer.

3.03 Within 24 hours after completion of seeding, all areas shall be mulched. Mulch shall be

spread uniformly by hand or by approved mechanical spreaders, which shall provide an

acceptable application. An acceptable application shall be that which shall allow some

sunlight to penetrate and air to circulate but also partially shade the ground, reduce

erosion, and conserve soil moisture.

3.04 Mulch and/or matting shall be applied as required to retain soil and grass.

A. Mulch areas (slopes flatter than 3.0-H:1-V) by spreading light cover of mulch

over seeded area at rate of not less than 2.0 tons per acre.

B. On slopes 3.0-H:1-V or steeper, mulch with matting. Pin matting to ground with

6" long wire staples at 5 ft. intervals (both ways) immediately after seeding.



3.05 Mulch shall be held in place by applying a sufficient amount of asphalt emulsion or other

approved bind material. The rate and method of application shall meet the approval of

the Engineer. When the binding material is not applied directly with the mulch, it shall

be applied immediately following the mulch application. During the application of the

binding material, adequate precautions shall be taken to prevent damage to traffic,

structures, traffic control devices, and other appurtenances. When any damage does

occur, the Contractor shall repair it, including any necessary cleaning. The Contractor

shall take precautions to prevent mulch from entering drainage structures and shall

promptly remove any blockages, which may occur.

3.06 SEEDING MIXTURES: (See the Plans for the dates of application, the types of seed,

and the rates of seed)

3.07 SEEDBED PREPARATION:

A. Chisel compacted areas and spread topsoil 3” deep over adverse soil conditions, if

available

B. Rip the entire area to 6” depth.

C. Remove all loose rock, roots, and other obstructions leaving surface reasonably

smooth and uniform.

D. Apply agricultural lime, fertilizer, and superphosphate uniformly and mix with

soil (see below*).

E. Continue tillage until a wet-pulverized, firm, reasonably uniform seedbed is

prepared 4” to 6” deep.

F. Seed on a freshly prepared seedbed and cover seed lightly with seeding equipment

or cultipack after seeding.

G. Mulch immediately after seeding and anchor mulch. Coir matting is required in

lieu of mulch on all slopes 3:1 or steeper.

H. Inspect all seeded areas and make necessary repairs and re-seed within the

planting season, if possible. If stand should be over 60% damaged reestablish

following original lime, fertilizer and seeding rates.

I. *Apply:

1. Agricultural Limestone – 2,000 lbs./acre

2. Fertilizer – 8,000-1,200 lbs./acre (10-10-10)

3. Mulch – 4,000-5,000 lbs./acre (small grain straw)

4. Anchor – asphalt emulsion at 400 gal./acre



J. Consult the State Erosion Control Engineer or the Natural Resources

Conservation Service for additional information concerning other alternatives for

vegetation of denuded areas. The vegetation rates listed on the Plans and these

Construction Specifications are those which do well under local conditions, other

seeding rate combinations are possible; however, only with prior written approval

obtained from the Engineer.

K. ***Temporary – Reseed according to optimum season for desired permanent

vegetation. Do not allow temporary cover to grow over 12” in height before

mowing, otherwise fescue may be shaded out.

L. The Contractor shall maintain seeded areas in a satisfactory condition until final

acceptance of the project. 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. Damage or failure resulting from poor seed, the Contractor’s

operation, or his failure to provide erosion control shall be repaired or replaced at

the Contractor’s expense.

M. The Contractor shall maintain adequate drainage on the project at all times. In the

event water pockets are formed, they shall be drained by the Contractor and all

wet and unstable material shall be removed and disposed of and the area

backfilled and compacted with suitable material. Such remedial work caused by

the failure of the Contractor to keep the area adequately drained shall be

performed at his expense.

3.08 Judgement by the Engineer of satisfactory turf establishment shall be made on the basis

that a vegetative cover in accordance with the permanent seeding specifications shall be

established on all disturbed areas sufficient to restrain accelerated erosion.


EROSION CONTROL 03000-1



SECTION 03000 – EROSION CONTROL_______________________________________

PART 1 - GENERAL

1.1 RELATED WORK IN OTHER SECTIONS:

A. The Drawings and provisions of the General Conditions, Technical

Specifications, and Special Provisions are included as a part of this Section as

though bound herein.

1.2 DESCRIPTION OF WORK:

A. The work shown on the Drawings and specified herein shall constitute the erosion

control plan for this project in conformance with the Sedimentation Pollution

Control Act of 1973, including subsequent amendments. The erosion control plan

shown is based on the anticipated construction methods and sequence, and

includes the permanent and temporary measures as required. The Contractor shall

provide any other measures as may be required to prevent erosion as a result of

construction activity at the site.

B. This section covers the furnishing of materials, labor, and equipment necessary to

minimize erosion, siltation, and pollution on the project or projects covered by

these Construction Specifications.

C. Temporary erosion control measures shall include, but not be limited to, coffer

dams, diversion ditches, silt fences, rip rap, grass, mulches, mats, fabric, netting,

construction entrances, pump around, temporary stream crossing, or any other

methods or devices that are necessary to control or restrict erosion. Temporary

erosion control measures may include work outside the right-of-way or

construction limits where such work is necessary as a result of construction such

as borrow pit operations, haul roads, plant sites, equipment storage sites, and

disposal of waste or debris. The Contractor shall be liable for all damages to

public or private property caused by silting or slides originating in areas used by

the Contractor.

1.3 CONTRACTOR'S RESPONSIBILITY

A. Contractor shall be responsible for installing and maintaining erosion control

devices as required to function properly and to satisfy the representatives of the

North Carolina Land Quality Section, Division of Land Resources, Department of

Environment, Health, and Natural Resources, and the Engineer. This includes

maintaining runoff from the construction site(s) in compliance with General

Stormwater NPDES Permit No. NCG010000.

B. To insure that the project is in compliance with the regulations, the Contractor

shall perform a complete site inspection of the erosion control measures every



week and when rainfall occurs on site (within no more than 24 hours of the

event). Required corrective/maintenance measures shall be noted and

implemented immediately. Document inspections and provide documentation to

Engineer’s Project Representative weekly.

C. Time delays experienced due to a shutdown by the N. C. Land Quality Section or

due to unanticipated corrective work will not receive any time extensions on the

contract.

D. Contractor shall maintain a rain gauge on site and record daily rainfall amounts.

E. Contractor shall maintain the “DWQ-DEMLR Monitoring Form” attached to the

end of this Section to document inspection and monitoring requirements.

1.4 QUALITY ASSURANCE

A. Codes and Standards:

1. All construction activities required under this project shall comply with

the North Carolina Sedimentation Pollution Control Act of 1973,

subsequent amendments, and the rules and regulations promulgated

pursuant to the provisions of that law.

2. All construction activities shall also comply with NCDOT Standard

Specifications for Roads and Structures, Latest Edition.

B In the event of conflict between the regulations listed above and the requirements

of these Specifications, the more restrictive requirements shall apply.

1.5 SUBMITTALS

A. Materials and facilities for temporary erosion control measures shall have been

approved by the Engineer before being used. Any facilities or materials different

from those shown on the Drawings or specified herein shall be submitted to the

Engineer for approval.

B. Product Data: Submit manufacturer's technical data and material samples for silt

fence fabrics, ditch liner, filter cloth, matting for silt fence fabrics, and other

manufactured materials, if requested.

C. Material Certificates: Submit material certificates signed by manufacturer and

Contractor certifying specification compliance for posts, woven wire, filter stone,

rip rap, and other products, if requested.

D. Drawings: Submit scaled drawings of changes in facilities shown on Drawings

and additional facilities proposed by Contractor.



1.6 GENERAL CONSTRUCTION SEQUENCE

A. Confirm locations of and construct or install gravel construction entrances, silt

fences, silt fence stone filter outlets, diversion ditches, and drop inlet protection as

indicated on the drawings. Install all other necessary erosion control measures

whether or not indicated on the drawings in accordance with the specifications.

Call for an inspection by the NCDEQ Inspector.

B. Where appropriate, clear, grub, and strip topsoil to limits required for

construction. Legally dispose of waste materials.

C. Begin excavation and grading activities after all required erosion control measures

have been installed and approved.

D. Stockpiled fill material shall be protected from sedimentation and runoff.

E. Begin construction and installation of infrastructure and permanent erosion

control protection.

F. Backfill and establish finish grades as quickly as possible after infrastructure has

been installed.

G. Establish permanent soil vegetation after earth work has been completed.

H. All erosion and sedimentation control measures shall be inspected weekly and

after each significant rainfall. Needed repairs shall be made immediately.

I. Ground cover shall be established on all slopes following completion of grading

on each phase of the work. After ground cover is well established and the sites

are stabilized, return to the site and remove all temporary measures including silt

fences, diversion ditches, skimmer basins, and all other measures. Install

permanent vegetation to all areas disturbed by the temporary measures.

1. Within 14 days unless otherwise noted.

2. Perimeter dikes, swales, ditches, slopes and high quality water (HQW)

zones: within 7 days.

3. Side slopes steeper than 3:1 (H:V): within 7 days unless 10 feet or shorter

in length and not steeper than 2:1 side slopes, then within 14 days.

4. Side slopes between 3:1 and 4:1 and greater than 50 feet in length: within

7 days.



J. Remove erosion control measures and restore areas affected by measures within

30 days after Engineer has determined that final site stabilization is acceptable.

PART 2 – PRODUCTS

2.1 SEEDING and MULCHING MATERIALS shall conform to the requirements of the

Plans and Section 02480 – Seeding and Mulching of these Construction Specifications.

2.2. RIPRAP, WASHED STONE, and GEOTEXTILE FABRIC shall conform to the

requirements of the Plans and Special Provisions.

2.3 SILT FENCING and other temporary erosion control measures shall conform to the

details shown on the Plans.

2.4 STONE used for sediment control shall comply with NCDOT Standard Specifications

Section 1005 – General Requirements for Aggregate.

2.5 STONE used for erosion control shall comply with NCDOT Standard Specifications

Section 1610 – Stone for Erosion Control.

2.6 EROSION CONTROL MATTING (FOR LOCATIONS OTHER THAN STREAM

BANKS)

A. Straw with Net Lining:

1. Straw fiber matrix sewn between two photo-degradable nets.

2. Wire staples machine made of No. 11 gage new steel wire formed into a

“U” shape; not less than 6 inches long with not less than a 1 inch wide

throat.

B. Curled Wood Mat:

1. Machine-produced mat of curled wood excelsior fibers, 80 percent of

which are 6 inches or longer in length, evenly distributed over the entire

area of the mat, with one side of the mat covered with a 1 inch by 1 inch

photo-degradable extruded plastic mesh; mats minimum 47 inch width and

weigh 0.975 pounds per square yard 10 percent.


“U” shape; not less than 6 inches long with not less than a 1 inch wide

throat.

C. Synthetic Mat:



1. Machine-produced mat of 100 percent UV stabilized polypropylene fibers.

Top side of mat with netting of approximately 0.5 inch by 0.5 inch mesh

size; bottom side of mat with netting of approximately 0.625 inch by 0.625

inch mesh size; mats sewn together with thread stitched on approximate

1.5 inch centers.


U-shape; not less than 6 inches long with not less than a 1 inch wide

throat.

D. Coir Matting

1. The erosion control matting shall be a machine produced mat of 100%

coconut fiber with the following properties:

Matrix 100% Coconut Fiber

Weight 20 oz/SY (678 gm/m2)

Tensile Strength 1348x626 lb/ft min.

(1650.5x766.5 kg/m)

Elongation 34% x 38%

Open Area (Measured) 50%

Thickness 0.30 in min. (7.6 mm)

Flexibility (mg-cm) 65030 x 29590

Recommended Flow 11 feet/second (3.35 m/s)

Size 6.6 x 164 ft (120 SY) or (100 SM)

“C” Factor 0.002

2. Stakes shall be wooden stakes 12 inches (300 mm) in length with a notch

cut 1 inch (25 mm) from the top. Hardwood “Eco-stakes” or similar

biodegradable stakes may be substituted with the approval of the engineer.

2.7 WATTLE

A. Wattle shall meet the following specifications:

100% Curled Wood (Excelsior) Fibers

Minimum Diameter 12 in.

Minimum Density 2.5 lb/ft3 +/-10%

Net Material Synthetic

Net Openings 1 in. x 1 in.

Net Configuration Totally Encased

Minimum Weight 20 lb. +/-10% per 10 ft.

length

B. Anchors: Stakes shall be used as anchors. Provide hardwood stakes a minimum of

2-ft. long with a 2 in. x 2 in. nominal square cross section. One end of the stake

must be sharpened or beveled to facilitate driving down into the underlying soil.



C. Matting shall meet the requirements of section 1060-8 of the NCDOT Standard

Specifications, or shall meet specifications provided elsewhere in this contract.

D. Provide staples made of 0.125" diameter new steel wire formed into a U shape not

less than 12" in length with a throat of 1" in width.

2.8 COMPOST SOCK

A. Compost used for compost filter sock filler material (filter media) shall be weed

free and derived from a well-decomposed source of organic matter. The compost

shall be produced using an aerobic composting process meeting CFR 503

regulations including time and temperature data. The compost shall be free of any

refuse, contaminants or other materials toxic to plant growth. Non-composted

products will not be accepted. Test methods for the items below should follow US

Composting Council Test Methods for the Examination of Composting and

Compost guidelines for laboratory procedures:



1. pH – 5.0-8.0 in accordance with TMECC 04.11-A, “Electrometric

pH Determinations for Compost”

2. Particle size – 99% passing a 2 inch (50mm) sieve and 30-50% passing a

3/8 inch (9.5mm) sieve, in accordance with TMECC 02.02-B, “Sample

Sieving for Aggregate Size Classification.” (Note – In the field, product

commonly is between 1/2 inch [12.5mm] and 2 inch [50mm] particle

size).

3. Moisture content of less than 60% in accordance with standardized test

methods for moisture determination.

4. Material shall be relatively free (<1% by dry weight) of inert or foreign

man made materials.

5. A sample shall be submitted to the Engineer for approval prior to being

used and must comply with all local, state, and federal regulations.

6. pH – 5.0-8.0 in accordance with TMECC 04.11-A, “Electrometric pH

Determinations for Compost”

7. Particle size – 99% passing a 2 inch (50mm) sieve and 30-50% passing a

3/8 inch (9.5mm) sieve, in accordance with TMECC 02.02-B, “Sample

Sieving for Aggregate Size Classification.” (Note – In the field, product

commonly is between 1/2 inch [12.5mm] and 2 inch [50mm] particle

size).

8. Moisture content of less than 60% in accordance with standardized test

methods for moisture determination.

9. Material shall be relatively free (<1% by dry weight) of inert or foreign

man made materials.

10. A sample shall be submitted to the Engineer for approval prior to being

used and must comply with all local, state, and federal regulations.

2.9 TEMPORARY PUMP AROUND – SEE SPECIAL PROVISIONS

PART 3 – EXECUTION

3.1 GENERAL

A. The Contractor shall take whatever measures are necessary to minimize soil

erosion and siltation and water, air, and noise 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 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.

B. The Contractor shall exercise every reasonable precaution throughout the life of

the project to prevent the eroding of soil and the silting of rivers, streams, lakes,

reservoirs, other water impoundments, ground surfaces, or other property.

C. The Contractor shall preform all streambank excavation from outside the active

channel whenever possible. All disturbed streambank must be stabilized with

seeding, mulch and erosion control matting by the end of each workday.

D. Prior to suspension of operations on the project or any portion thereof, the

Contractor shall take all necessary measures to protect the construction area,

including but not limited to, borrow sources, soil type base course sources, and

waste areas, from erosion during the period of suspension.

E. Install temporary and permanent erosion control measures in accordance with

these Specifications and with the NCDOT Standard Specifications for Roads and

Structures, Latest Edition.

F. Permanent or temporary soil stabilization, which includes seeding, mulching, or

ground cover sufficient to restrain erosion, must be applied to portions of the

disturbed area in accordance with the plans.

G. Clean sediment transported onto public roads at the end of each day. Sediment

shall be removed by shoveling or sweeping and be transported to a controlled

disposal area. Street washing shall be allowed after sediment is removed in this

manner.

H. Temporary and permanent erosion control measures shall be provided as shown

on the Plans or as directed by the Engineer. Temporary sediment control devices

must be installed to the extent possible prior to initiation of grading and

excavation. The devices must be maintained at a minimum of 50% of the original

sediment storage capacity and may not be removed until the areas they serve have

been stabilized. Temporary erosion control measures shall include, but not be

limited to, the use of temporary berms, dikes, drainage ditches, silt basins, silt

ditches, slope drains, structures, stone check dams, vegetation, mulches, mats,

netting, gravel, or other necessary methods. Temporary erosion control may

include work outside the construction limits.

I. Protected areas shall be stabilized permanently prior to removal of protective

devices.



J. The contractor shall prevent live or fresh concrete from coming into contact with

surface waters until the concrete has hardened.

3.3 WATER AND AIR POLLUTION

A. The Contractor shall exercise every reasonable precaution throughout the life of

the project to prevent pollution of rivers, streams, and water impoundments.

Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other

harmful waste shall not be discharged into or alongside of rivers, streams, or

impoundments, or into natural or manmade channels leading thereto.

B. The Contractor shall comply with all state and local air pollution regulations

throughout the life of the project.

C. Dust Control: 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 sources, 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.

D. Noise Control: The Contractor shall exercise every reasonable precaution

throughout the life of the project to prevent excessive and unnecessary noise. The

Contractor shall choose his methods so as to minimize the disturbance of area

residents.

3.4 PERMANENT EROSION CONTROL MEASURES

A. Grass: See Special Provisions.

3.5 MONITORING AND MAINTENANCE PLAN

A. All erosion control measures shall be inspected weekly and within 24 hours after

each rainfall totaling 0.5 inches over any 24-hour period. All needed repairs shall

be made immediately to prevent further damage and erosion. Utilize the

inspection record form attached at the end of this Section to document monitoring

activities and corrective actions taken. These records shall be provided to the

Owner and Engineer on a monthly basis. Structures and measures that shall be

inspected include:

1. Seeding, Fertilizing, and Mulching: Seeded areas shall be inspected for

failure and necessary repairs shall be made within the same season.



2. Gravel Construction Entrance: Maintain the gravel pad in a

condition to prevent mud or sediment from leaving the construction site.

This may require periodic topdressing with 2-inch stone.

3. Silt Fence: Any fabric which collapses, tears, decomposes, or becomes

ineffective will be replaced immediately. Remove sediment deposits

behind fence when sediment accumulates to 6 inches.

4. Silt Fence Stone Filter Outlet and Rock Pipe Inlet Protection: Inspect for

significant erosion around the edges and between dams. Install protective

rip rap liners in portions of the channel where erosion occurs. Remove

sediment accumulated behind the dams as required to prevent damage to

channel vegetation. Add stones to dams as required to maintain design

height and cross section.

5. Skimmer Basin: Remove sediment and restore the basin to its original

dimensions when sediment accumulates to one-half the height of the first

baffle. Inspect the fabric lined spillway for damage and make any required

repairs with fabric that spans the full width of the spillway. Check the

embankment, spillways, and outlet for erosion damage and make all

necessary repairs immediately. Clean the skimmer immediately if the

skimmer, orifice, skimmer arm, or barrel pipe becomes clogged.

6. Stockpiles: Stockpiles shall be checked for sedimentation and

stabilization.

7. Diversion Ditch: Inspect for any erosion on the ridge and in the flow

areas. Remove sediment when sediment accumulates to 4 inches.

8. Pump Around: Routinely inspect the bypass pump and temporary piping to

ensure proper function. Inspect impervious check dam for any leaking and

repair any damage found immediately. Inspect temporary pipe outlet area

for any erosion and repair any erosion found.

9. Drop Inlet Protection: Any fabric which collapses, tears, decomposes, or

becomes ineffective will be replaced immediately. Remove sediment

deposits behind fence when sediment accumulates to 6 inches.

10. Rock Outlet Protection: Inspect weekly and after a 0.5-inch or greater

rainfall to see if any erosion around below the rip rap has taken place or if

stones have been dislodged. Repair immediately.

11. Erosion Control Matting: Monitor and repair matting as necessary until

ground cover is established. Matting shall remain in close contact with

ground.



12. Compost Sock: Inspect compost socks weekly and after each significant

rainfall event (1/2 inch or greater). Remove accumulated sediment and any

debris. The compost sock must be replaced if clogged or torn. If ponding

becomes excessive, the sock may need to be replaced with a larger

diameter or a different measure. The sock needs to be reinstalled if

undermined or dislodged. The compost sock shall be inspected until land

disturbance is complete and the area above the measure has been

permanently stabilized.


DWQ-DEMLR Monitoring Form DEMLRDWQ Form Rev. 04292013 Page 12 of 13

*For a digital copy of this form and other information, see http://portal.ncdenr.org/web/wq/ws/su/construction or http://portal.ncdenr.org/web/lr/erosion

INSPECTION AND MONITORING RECORDS FOR ACTIVITIES UNDER STORMWATER GENERAL PERMIT NCG010000 AND SELF-INSPECTION RECORDS FOR LAND DISTURBING ACTIVITIES PER G.S. 113A-54.1

Project Name

Project #

Financially Responsible Party (Permittee)

County

Name of Inspector

Company

Address

Phone Number Email

Address

PART 1A: Rainfall Data.

Day / Date Rain Amt (in) Initials Notes:

Daily Rainfall Required. Except for Holidays or Weekends. If no rain, indicate with a “zero”

M

T

W

Th

F

Sat (Optional)

Sun (Optional)

PART 1B: Current Phase of Project

Phase of Grading check the applicable box(es)

X Comments

Installation of perimeter erosion and sediment control measures

Clearing and grubbing of existing ground cover

Completion of any phase of grading of slopes or fills - describe

Installation of storm drainage facilities

Completion of all land-disturbing activity, construction or development

Permanent ground cover sufficient to restrain erosion has been established

PART 1C: Signatures

By this signature, I certify in accordance with the NCG010000 permit & G.S. 113A-54.1 that this report is accurate and complete to the best of my knowledge.

Landowner or Financially Responsible Party (Permittee) or Agent (Designee)

Date

GROUND STABILIZATION TIMEFRAMES

Site Area Description Stabilization Timeframe Exceptions

Perimeter dikes, swales and slopes 7 Days None

High Quality Water (HQW) Zones 7 Days None

Slopes Steeper than 3:1 7 Days If slopes are 10’ or less in length and are not steeper than 2:1, 14 days are allowed

Slopes 4:1 or flatter 14 Days 7 days for slopes greater than 50’ in length

All other areas with slopes flatter than 4:1 14 Days None, except for perimeters and HQW Zones

http://portal.ncdenr.org/web/wq/ws/su/construction

http://portal.ncdenr.org/web/lr/erosion

DWQ-DEMLR Monitoring Form DEMLRDWQ Form Rev. 04292013 Page 13 of 13

*For a digital copy of this form and other information, see http://portal.ncdenr.org/web/wq/ws/su/construction or http://portal.ncdenr.org/web/lr/erosion

PART 2A: EROSION AND SEDIMENTATION CONTROL MEASURES: Measures must be inspected at least ONCE PER 7 CALENDAR DAYS AND WITHIN 24 HOURS OF A RAINFALL EVENT GREATER THAN 0.5 INCH PER 24 HOUR PERIOD.

Erosion and Sedimentation Control Measures Inspected Inspection

Date

Describe Actions Needed

Corrective actions should be performed as soon as possible and before the next storm event

Corrected

Date Name/Number/

Location of

Measure (List all

measures on Plan)

Operating Properly?

(Y/N)

Any Repair or

Maintenance Needed?

(Y/N)

New Measures Installed *

Proposed Dimensions

(ft.)

Actual Dimensions

(ft.)

Significant Deviation from

Plan? (Y/N)

*New erosion and sedimentation control measures installed since the last inspection should be documented here or by initialing and dating each measure or practice shown on a copy of the approved erosion and sedimentation control plan. PART 2B: STORMWATER DISCHARGE OUTFALLS (SDOs): SDOs must be inspected at least ONCE PER 7 CALENDAR DAYS AND WITHIN 24 HOURS OF A RAINFALL EVENT GREATER THAN 0.5 INCH PER 24 HOUR PERIOD.

Stormwater Discharge Outfalls Inspected Inspection

Date

Report Visible Sedimentation to streams or wetlands to

DWQ within 24 Hours http://portal.ncdenr.org/web/wq/

Describe Actions Needed Corrective actions should be performed as soon as possible and

before the next storm event

Corrected

Date Stormwater Discharge

Outfall ID or

Location

Any Visible Sedimentation

in Streams, Wetlands or Outside Site Limits? (Y/N)

Any Increase in Stream Turbidity

from Discharge?

(Y/N)

Any Visible Erosion below SDO? (Y/N)

Any visible oil sheen, floating or

suspended solids or discoloration? (Y/N)

PART 2C: GROUND STABILIZATION Must be recorded after each Phase of Grading Area Where Temporary or Permanent Ground

Cover is Required

Date Land-Disturbance Stopped or Completed

Time Limit for Ground Cover

7 days or 14 days

Is Ground Cover Sufficient to

Restrain Erosion? (Y/N)

Inspection

Date

Describe Actions Needed

Corrected

Date

http://portal.ncdenr.org/web/wq/ws/su/construction

http://portal.ncdenr.org/web/lr/erosion

CONSTRUCTION TRAFFIC CONTROL 04000-1



SECTION 04000 – CONSTRUCTION TRAFFIC CONTROL

PART 1 - GENERAL

A. The work covered by this section consists of furnishing, erecting, maintaining,

relocating, and removing traffic control devices in accordance with the Contract

Documents as well as the latest versions of the NCDOT “Standard Specifications for

Roads and Structures, January 2018,” NCDOT “Roadway Standard Drawings

Manual, January 2018,” MUTCD, NCDOT Supplement to the MUTCD, or as

directed by the Inspector.

B. All traffic control devices furnished by the Contractor shall remain the property of

the Contractor, unless otherwise specified by the contract. Traffic control devices

shall include, but are not limited to signs, drums, barricades, barriers, electronic

variable message boards, cones, delineators, flashing arrow panels, temporary

guardrails, temporary concrete median barriers, vehicle-mounted temporary impact

attenuators, pavement markings, raised reflective pavement markers, NCDOT

Certified flaggers, and pilot vehicles.

PART 2 - MATERIALS - GENERAL

A. Unless otherwise required, materials used in the fabrication and installation of

construction traffic control devices shall be in accordance with the applicable

provisions of the MUTCD. When traffic control devices are no longer required for

traffic handling in the initial phase of construction requiring their use, they may be

reused at various locations throughout the project provided the device is not

defaced, is structurally sound, clean and otherwise conforms to the above

requirements.

B. All enclosed lens (Engineer's Grade) sheeting required for use on traffic control

devices shall have an identification mark on the surface. This mark signifies that

the sheeting meets the requirements of Federal Specification L-S-300C for

Minimum Reflectivity 1 Sheeting and Tape. The identification mark shall not

interfere with the function of the device, but shall be visible both day and under

illumination at night without the use of special devices. No work on the project

shall start until all the traffic control devices required for the particular work activity

are inspected and approved by the Engineer.

C. Traffic control devices which do not meet the requirements of this section shall not

be used. If a device ceases to meet the requirements of this section during the

project, it shall be promptly removed and replaced with a conforming device at no

additional compensation. The Engineer shall have the authority to determine the

acceptability of the traffic control devices.



PART 3 - CONSTRUCTION METHODS - GENERAL

A. Existing public streets or highways shall be kept open to traffic at all times by the

Contractor unless permission to close these streets, or portions thereof, is granted by

the Village of Clemmons. The Engineer may request that the Contractor make

additional notifications to property owners.

B. Traffic control devices shall be installed at the inception of construction operations,

and shall be properly maintained, relocated as necessary, cleaned, and operated

during the time they are in use. They shall remain in place only as long as they are

needed and shall be immediately removed thereafter. Where operations are

performed in stages, only those devices that apply to the conditions present shall be

left in place.

C. The location, legends, sheeting, dimension, number of supports, and horizontal and

vertical placement of warning signs, barricades, and other traffic control devices

shall be as required by the plans or the MUTCD or as directed by the Engineer. The

Contractor may submit for the Engineer's consideration a method for handling

traffic other than as shown on the plans. The alternate traffic control plans shall not

be used until they are approved in writing by the Engineer. During periods when

not warranted, warning signs and other devices shall be removed from the work

area, covered with specified material, or otherwise positioned so that they do not

convey their message to the traveling public. If covered, the covering material shall

be exterior plywood and shall cover the entire face of the sign panel. The covering

material shall be installed in such a manner that the sign panel will not be defaced.

Non-metal washers or other spacing devices shall be used to keep the plywood

covering material from direct contact with the sign panel. Covering material shall

be maintained in a neat manner during its use.

D. Weeds, brush, trees, construction materials, equipment, etc. shall not be allowed to

obscure any traffic control device in use. There will be no separate compensation

for any trimming or cutting required for this purpose.

E. Competent and properly trained flaggers, properly attired and equipped, shall be

provided in accordance with MUTCD standards and when directed by the Engineer

or Inspector or when the Contractor deems it necessary to safely handle traffic

through the construction zone.

F. The Contractor shall assume full responsibility for the continuous and expeditious

maintenance of all construction warning signs, barricades, and other traffic control

devices which in the opinion of the Engineer are damaged by traffic or other means

or deteriorated beyond effectiveness. Conditions covered under maintenance shall

include but not be limited to replacement due to loss of reflectivity; replacement of

broken supports; plumbing of leaning signs; cleaning of dirty signs, barricades, and

other devices; repair of defaced sheeting and legend; and replacement of stolen or

vandalized items. All items used for traffic control shall be maintained in a



satisfactory condition. Failure to maintain all traffic control devices in a satisfactory

condition may be cause for suspension of construction operations until proper traffic

control is re-established.

G. The Contractor shall follow the construction procedure and maintenance of traffic as

shown on the Traffic Control Plan, unless a more workable plan is agreed to by the

Engineer prior to or during the execution of the work. The Contractor shall

complete each construction phase in the sequence shown if phasing is specified.

H. Work on the project shall not start until all the traffic control devices required for

the particular work activity have been inspected and approved by the Engineer.

I. The Contractor shall continuously review and maintain all traffic control measures

to assure that adequate provisions have been made for the safety of the public and

workers.

J. The Contractor shall furnish a material certification for all new and used reflective

sheeting.


Project No. [Project #] 41000-1 [Project Name]

Appendix

A. Permits

• US Army Corps of Engineers (USACE)General Permit Verification

• USACE Nationwide Permit 3

• NCDEQ 401 Approval

• Water Quality General Certification 4132

• Water Quality General Certification 4135

• Erosion & Sediment Control Approval Letter

• Erosion & Sediment Control Certificate of Plan Approval

B. Geotechnical Investigation Report

RODEN REYNOLDS.BRYAN.KENNETH.1263385574

Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2019.03.11 08:48:34 -04'00'

RODEN REYNOLDS.BRYAN.KENNETH.1263385574

Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2019.03.11 08:49:19 -04'00'

NC

One

Map

, NC

Cen

ter f

or G

eogr

aphi

c In

form

atio

n an

d A

naly

sis,

NC

911

Boa

rd

060

120

30Fe

et

±

SpringsideDrive

Sprin

gsid

ePo

nd

Edgewate

r Drive

Pave

d C

ul-d

e-sa

cSt

agin

g Ar

ea fo

r Pro

ject

0.05

ac

poss

ible

fill

~0.0

2 ac

res

poss

ible

plac

emen

t of r

ipra

p &

filte

r sto

ne fo

r pum

par

eas

to p

reve

ntse

dim

ent m

igra

tion

Proj

ect l

imits

of

dist

urba

nce

DATE

: M

arch

201

9DE

SIG

NED

: CC

LCH

ECK

ED:

AWB

JEC

NO

.: 1

7-08

7-01

0

Sprin

gsid

e C

ulve

rt R

epla

cem

ent

Villa

ge o

f Cle

mm

ons

Figu

re 1

P1 -

1.32

acr

es

Entir

e Po

nd A

rea

to b

e Pe

rman

ently

Dra

ined

Pond

nor

mal

poo

l bas

ed o

n 74

6' c

onto

ur fr

om N

CFM

PQ

L2 L

IDAR

0.02

acr

esin

stal

latio

n of

cu

lver

t hea

dwal

l and

sedi

men

t con

trol

stru

ctur

e, p

lus

mai

nten

ance

acce

ss

1

NATIONWIDE PERMIT 3 DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS

FEDERAL REGISTER AUTHORIZED MARCH 19, 2017

Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays.

(b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization.

(c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be

2

removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate.

(d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 32). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act (Sections 10 and 404)) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act section 404(f) exemption for maintenance.

3

NATIONWIDE PERMIT GENERAL CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid:

1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation.

(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.

(c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements.

3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.

4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.

6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).

4

7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.

8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.

9. Management of Water Flows. To the maximum extent practicable, the pre- construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

10. Fills Within 100-Year Floodplains. The activity must comply with applicable

FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed

on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment

controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides.

13. Removal of Temporary Fills. Temporary fills must be removed in their entirety

and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.

14. Proper Maintenance. Any authorized structure or fill shall be properly

maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization.

15. Single and Complete Project. The activity must be a single and complete

project. The same NWP cannot be used more than once for the same single and complete project.

16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status,

5

unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.

(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status.

(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/.

17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.

18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur.

(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that

http://www.rivers.gov/

6

might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs.

(e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required.

(g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively.

19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory

http://www.fws.gov/

http://www.fws.gov/ipac

http://www.nmfs.noaa.gov/pr/species/esa/

7

birds or eagles, including whether “incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.

20. Historic Properties. (a) In cases where the district engineer determines that the

activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.

(b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed.

8

(d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties.

21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

22. Designated Critical Resource Waters. Critical resource waters include, NOAA-

managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment.

(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.

(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal.

9

23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal:

(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site).

(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal.

(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects.

(d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)).

(e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.

(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-

10

lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation.

(2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)).

(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation.

(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)).

(5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided.

(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).

(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs.

(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management.

(i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill

11

material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level.

24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety.

25. Water Quality. Where States and authorized Tribes, or EPA where applicable,

have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality.

26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements.

27. Regional and Case-By-Case Conditions. The activity must comply with any

regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination.

28. Use of Multiple Nationwide Permits. The use of more than one NWP for a

single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre.

29. Transfer of Nationwide Permit Verifications. If the permittee sells the property

associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To

12

validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.”

(Transferee)

(Date)

30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include:

(a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions;

(b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and

(c) The signature of the permittee certifying the completion of the activity and mitigation.

The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later.

31. Activities Affecting Structures or Works Built by the United States. If an NWP

activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification.

32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre- construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the

13

prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either:

(1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or

(2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).

(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information:

(1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use

to authorize the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect

adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters.

14

Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);

(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;

(6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.

(7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act;

(8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act;

(9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and

(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project.

(c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and

15

supporting materials if the district engineer has established tools and procedures for electronic submittals.

(d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal.

(2) Agency coordination is required for: (i) all NWP activities that require pre- construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes.

(3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.

(4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.

(5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination.

DISTRICT ENGINEER’S DECISION

1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal

16

individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre.

2. When making minimal adverse environmental effects determinations the district

engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site- specific environmental concerns.

3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and

17

include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer.

4. If the district engineer determines that the adverse environmental effects of the

proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation.

FURTHER INFORMATION

1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP.

2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law.

3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal

project (see general condition 31).

18

DEFINITIONS

Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural.

Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.

Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction.

Direct effects: Effects that are caused by the activity and occur at the same time and place.

Discharge: The term “discharge” means any discharge of dredged or fill material into waters of the United States.

Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where the proposed NWP 27 activity is located. Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of the proposed NWP 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region.

Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area.

Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow.

Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area.

High Tide Line: The line of intersection of the land with the water’s surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm.

Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National

19

Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60).

Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility.

Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable.

Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.

Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the acres or linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre- construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United States.

Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR part 329.

Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line).

Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or standing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of “open waters” include rivers, streams, lakes, and ponds.

Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas.

Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the

20

primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow.

Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre-construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction notification may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit.

Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions.

Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders, including tribal trust resources.

Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions.

Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area.

Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation.

Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools.

Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.)

21

Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat.

Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately.

Single and complete non-linear project: For non-linear projects, the term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits in an NWP authorization.

Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment.

Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff.

Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed.

Stream channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States.

Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction.

Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water

22

surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line.

Tribal lands: Any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.

Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies.

Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems.

Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a wetland is adjacent to a waterbody determined to be a water of the United States, that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of “waterbodies” include streams, rivers, lakes, ponds, and wetlands.

23

FINAL 2017 REGIONAL CONDITIONS NOTICE ABOUT WEB LINKS IN THIS DOCUMENT: The web links (both internal to our Wilmington District and any external links to collaborating agencies) in this document are valid at the time of publication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five-year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re-direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the Regulatory home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District Corps of Engineers, to the “Permits” section of our web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2017 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District

1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP’s during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from the Corps and either NCDMF or NCWRC. 1.2 Trout Waters Moratorium Waters of the United States in the designated trout watersheds of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC, or from the Eastern Band of Cherokee Indians (EBCI) Fisheries and Wildlife Management (FWM) office if the project is located on EBCI trust land. (See Section 2.7 for information on the designated trout watersheds). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the NMFS.

24

2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWPs. These waters are: 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within waters of the United States that require a Pre-Construction Notification (PCN) and are located in the sixteen counties listed below, permittees must provide a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS), 160 Zillicoa Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to the Endangered Species Act and the below website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for permittees which provides guidelines on how to review linked websites and maps in order to fulfill NWP General Condition 18 requirements: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/AgencyCoordination/ESA.aspx Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife Service offices listed below or Corps at (910) 251-4633: Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsythe and Stokes Counties. U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726

http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/AgencyCoordination/ESA.aspx

http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/AgencyCoordination/ESA.aspx

25

Raleigh, NC 27636-3726 Telephone: (919) 856-4520 2.2 Special Designation Waters Prior to the use of any NWP, except NWP 3, that involves a discharge of dredged or fill material in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). The North Carolina waters and wetlands that require additional notification requirements are: “Outstanding Resource Waters” (ORW) or “High Quality Waters” (HQW) as designated by the North Carolina Environmental Management Commission; “Primary Nursery Areas” (PNA), including inland PNA, as designated by the North Carolina Marine Fisheries Commission and the NCWRC; or wetlands adjacent to these waters. Definitions of ORW, HQW and PNA waters can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and 10C (15A NCAC 02B, 15A NCAC 10C) and at the following World Wide Web page: http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20-%20Environmental%20Quality&lookUpError=15A%20NCAC%20000%20. Surface water classifications for waters in North Carolina can be viewed at the North Carolina Division of Water Resources website or at the following World Wide Web Page: https://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications Permittees who do not have internet access may contact the Corps at (910) 251- 4633. 2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern Non-federal permittees for any NWP in a designated “Area of Environmental Concern” (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office – 69 Darlington Avenue, Wilmington, NC 28403, (910) 251-4802 or Washington Field Office – 2407 West 5th Street, Washington, NC 27889, (910) 251-4610). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, permittees must submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog, as classified by the North Carolina Wetland Assessment Methodology (NCWAM), permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). The latest version of NCWAM can be

http://reports.oah.state.nc.us/ncac.asp?folderName=%5CTitle%2015A%20-%20Environmental%20Quality&lookUpError=15A%20NCAC%20000%20

http://reports.oah.state.nc.us/ncac.asp?folderName=%5CTitle%2015A%20-%20Environmental%20Quality&lookUpError=15A%20NCAC%20000%20

https://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications

https://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications

26

viewed on the Corps RIBITS (Regulatory In-lieu Fee and Bank Information Tracking System) website or at the following World Wide Web Page: https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO::: 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the United States, including wetlands, permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the 294 designated trout watersheds of North Carolina, the permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to commencing the activity, unless other thresholds are established in the Regional Conditions in Section 4 (Additional Regional Conditions for Specific Nationwide Permits). The permittee shall also provide a copy of the notification to the appropriate NCWRC office, or to the EBCI FWM Office (if the project is located on EBCI trust land), to facilitate the determination of any potential impacts to designated Trout Waters. Notification to the Corps will include a statement with the name of the NCWRC or EBCI FWM biologist contacted, the date of the notification, the location of work, a delineation of wetlands and waters, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and, if applicable, a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Watersheds: NCWRC Contact** Counties that are

entirely within Trout Watersheds*

Counties that are partially within Trout Watersheds*

Mountain Coordinator Balsam Depot 20830 Great Smoky Mountain Expressway Waynesville, NC 28786 Telephone: (828) 558-6011 For NCDOT Projects: NCDOT Coordinator 206 Charter. Street Albemarle, NC 28001 Telephone: (704) 982-9181

Alleghany Ashe Avery Graham Haywood

Jackson Macon Swain Transylvania Watauga

Burke Buncombe Caldwell Cherokee Clay Henderson Madison

McDowell Mitchell Polk Rutherford Surry Wilkes Yancey

https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO

27

*NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field Office at (828) 271-7980 or view maps for each County at the following World Wide Web page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout/. **If a project is located on EBCI trust land, submit the PCN in accordance with Section 3.14. Contact the Corps Asheville Regulatory Field Office at (828) 271-7980 with questions. 2.8 Western NC Waters and Corridors The permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to commencing the activity in waters of the United States if the activity will occur within any of the following identified waters in western North Carolina, within 0.5 mile on either side of these waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank of the respective water (i.e., river, stream, or creek): Brasstown Creek Burningtown Creek Cane River Caney Fork Cartoogechaye Creek Chattooga River Cheoah River Cowee Creek Cullasaja River Deep Creek Ellijay Creek French Broad River Garden Creek Hiwassee River Hominy Creek Iotla Creek Little Tennessee River (within the river or within 0.75 mile on either side of this river) Nantahala River Nolichucky River North Fork French Broad River North Toe River Nottley River Oconaluftee River (portion not located on trust/EBCI land) Peachtree Creek Shooting Creek Snowbird Creek South Toe River Stecoah Creek Swannanoa River Sweetwater Creek

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout/

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout/

28

Tuckasegee River (also spelled Tuckaseegee or Tuckaseigee) Valley River Watauga Creek Watauga River Wayah Creek West Fork French Broad River To determine notification requirements, contact the Corps Asheville Regulatory Field Office at (828) 271-7980 or view maps for all corridors at the following World Wide Web page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Designated-Special-Waters.aspx 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Stream Bed NWPs may not be used for activities that may result in the loss or degradation of more than 300 total linear feet of stream bed, unless the District Engineer has waived the 300 linear foot limit for ephemeral and intermittent streams on a case-by-case basis and has determined that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions). *NOTE: Permittees should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO::: 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of stream, the permittee shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that require a PCN, the District Engineer may determine, on a case-by-case basis, that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre-construction Notification for Loss of Streambed Exceeding 150 Feet Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream, intermittent or ephemeral stream, the permittee shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). This applies to

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Designated-Special-Waters.aspx

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Designated-Special-Waters.aspx

https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO

29

NWPs that do not have specific notification requirements. If a NWP has specific notification requirements, the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact with the water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the United States after the concrete is set and cured and when it no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied: 3.5.1. Where bank stabilization is conducted as part of an activity, natural design, bioengineering and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and native plants and shrubs are to be utilized to the maximum extent practicable. 3.5.2. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed or “keyed” into the bank of the waterbody. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional Condition would result in greater adverse impacts to the aquatic environment. 3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 3.6 Requirements for Culvert Placement 3.6.1 For all NWPs that involve the construction/installation of culverts, measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by altering the width or depth of the stream profile in connection with the construction activity. The width, height, and gradient of a proposed culvert should be

30

sufficient to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow is the seasonal sustained high flow that typically occurs in the spring. Spring flows should be determined from gage data, if available. In the absence of such data, bank-full flow can be used as a comparable indicator. In Public Trust Areas of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by the Coastal Area Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the culvert at least one foot below normal bed elevation.

In all other areas: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried to maintain aquatic passage and to maintain passage during drought or low flow conditions, and every effort shall be made to maintain the existing channel slope. Culverts must be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested, in writing, by the permittee and issued by the Corp; this request must be specific as to the reasons(s) for the request. The waiver will be issued if it can be demonstrated that the proposed design would result in less impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States.

31

Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried, but the culverts must be of adequate size and/or number to ensure unrestricted transmission of water. 3.6.2 Bank-full flows (or less) shall be accommodated through maintenance of the existing bank-full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be allowed only to receive bank-full flows.

3.6.3 Where adjacent floodplain is available, flows exceeding bank-full should be accommodated by installing culverts at the floodplain elevation. Additional culverts or culvert barrels at such crossings should not be buried, or if buried, must have sills at the inlets to ensure that they only receive flows exceeding bank-full. 3.6.4 Excavation of existing stream channels shall be limited to the minimum necessary to construct or install the proposed culvert. The final width of the impacted stream at the culvert inlet and outlet should be no greater than the original stream width. A waiver from this condition may be requested in writing; this request must be specific as to the reason(s) for the request. The waiver will be issued if the proposed design would result in less impacts to the aquatic environment and/or if it can be demonstrated that it is not practicable to restore the final width of the impacted stream at the culvert inlet and outlet to the width of the original stream channel. 3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the width of the culvert is wider than the stream channel, the culvert shall include baffles, benches and/or sills to maintain the width of the stream channel. A waiver from this condition may be requested in writing; this request must be specific as to the reason(s) for the request. The waiver will be issued if it can be demonstrated that it is not practicable or necessary to include baffles, benches or sills and the design would result in less impacts to the aquatic environment. 3.7 Notification to NCDEQ Shellfish Sanitation Section Permittees shall notify the NCDEQ Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand

32

should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued by the permittee. 3.8 Submerged Aquatic Vegetation Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, except NWP 48, unless EFH Consultation has been completed pursuant to the Magnuson-Stevens Fisheries Conservation and Management Act (Magnuson-Stevens Act). Permittees shall submit a PCN (See NWP General Condition 32) to the District Engineer prior to commencing the activity if the project would affect SAV. The permittee may not begin work until notified by the Corps that the requirements of the Magnuson-Stevens Act have been satisfied and that the activity is authorized. 3.9 Sedimentation and Erosion Control Structures and Measures All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the United States. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. 3.10 Restoration of Temporary Impacts to Stream Beds Upon completion of work that involves temporary stream impacts, streambeds are to be restored to pre-project elevations and widths using natural streambed material such that the impacted stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth of the impacted area if shallower than 12 inches. An engineered in-stream structure or material can be used to provide protection of a buried structure if it provides benefits to the aquatic environment and can be accomplished by a natural streambed design. A permittee may request a waiver of this condition if it is determined a buried structure needs significant physical protection beyond those provided in this condition. This condition does not apply to NWP 27 – Aquatic Habitat Restoration, Enhancement, and Establishment Activities. 3.11 Restoration of Temporary Impacts to Stream Banks Upon completion of work involving temporary stream bank impacts, stream banks are to be restored to pre-project grade and contours or beneficial grade and contours if the original bank slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and shrubs are to be utilized in the restoration. Natural designs which use bioengineered and/or geo-engineered methods are to be applied. An engineered structure or material can be used to provide protection of a buried structure if it provides benefits to the stream bank environment, provided it is not in excess of the minimum amount needed for protection and does not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark. A permittee may request a waiver of this condition if it is determined a buried structure

33

needs significant physical protection beyond those provided in this condition. This condition does not apply to NWP 27 – Aquatic Habitat Restoration, Enhancement, and Establishment Activities. 3.12 Federal Navigation Channel Setbacks and Corps Easements 3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to the construction of any structures or fills within the Federally Authorized Channel Setback. 3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District’s Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: [email protected] 3.13 Northern Long-eared Bat – Endangered Species Act Compliance The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States Fish and Wildlife Service (USFWS) in regards to the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered Species (SLOPES) have been approved by the Corps and the USFWS. This condition concerns effects to the NLEB only and does not address effects to other federally listed species and/or federally designated critical habitat.

A. Procedures when the Corps is the lead federal* agency for a project:

The permittee must comply with (1) and (2) below when: • the project is located in the western 41 counties of North Carolina, to include non-

federal aid North Carolina Department of Transportation (NCDOT) projects, OR; • the project is located in the 59 eastern counties of North Carolina, and is a non-

NCDOT project. *Generally, if a project is located on private property or on non-federal land, and the project is not being funded by a federal entity, the Corps will be the lead federal agency due to the requirement to obtain Department of the Army authorization to impact waters of the United States. If the project is located on federal land, contact the Corps to determine the lead federal agency.

http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx


34

(1) A permittee using a NWP must check to see if their project is located in the range of the NLEB by using the following website: http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the project is within the range of the NLEB, or if the project includes percussive activities (e.g., blasting, pile driving, etc.), the permittee is then required to check the appropriate website in the paragraph below to discover if their project:

• is located in a 12-digit Hydrologic Unit Code area (“red HUC” - shown as red areas on the map), AND/OR;

• involves percussive activities within 0.25 mile of a red HUC.

Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological Services Field Office), check the project location against the electronic maps found at: http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html. For the eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the project location against the electronic maps found at: https://www.fws.gov/raleigh/NLEB_RFO.html.

(2) A permittee must submit a PCN to the District Engineer, and receive written authorization from the District Engineer, prior to commencing the activity, if the activity will involve any of the following:

• tree clearing/removal, construction/installation of wind turbines in a red HUC,

AND/OR;

• bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:

• percussive activities in a red HUC, or within 0.25 mile of a red HUC.

The permittee may proceed with the activity without submitting a PCN to either the Corps or the USFWS, provided the activity complies with all applicable NWP terms and general and regional conditions, if the permittee’s review under A.(1) and A.(2) above shows that the project is:

• located outside of a red HUC (and there are no percussive activities), and the

activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR;

• located outside of a red HUC and there are percussive activities, but the percussive activities will not occur within 0.25-mile of a red HUC boundary, and the activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR;

http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf

http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html

https://www.fws.gov/raleigh/NLEB_RFO.html

35

• located in a red HUC, but the activity will NOT include: tree clearing/removal; construction/installation of wind turbines; bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, and/or; any percussive activities.

B. Procedures when the USACE is not the lead federal agency:

For projects where another federal agency is the lead federal agency - if that other federal agency has completed project-specific ESA Section 7(a)(2) consultation for the NLEB, and has (1) determined that the project would not cause prohibited incidental take of the NLEB, and (2) completed coordination/consultation that is required by the USFWS (per the directions on the respective USFWS office’s website), that project may proceed without notification to either the USACE or the USFWS, provided all General and Regional Permit Conditions are met.

The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910) 251- 4633. 3.14 Work on Eastern Band of Cherokee Indians Land All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must comply with the requirements of the latest MOU between the Wilmington District and the Eastern Band of Cherokee Indians. 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP #3 – Maintenance 4.1.1 In designated trout watersheds, a PCN is not required for impacts to a maximum of 75 linear feet (150 linear feet for temporary dewatering) of streams and waterbodies when conducting maintenance activities. Minor deviations in an existing structure’s configuration, temporary structures and temporary fills are authorized as part of the maintenance activity. In designated trout watersheds, the permittee shall submit a PCN (see Regional Condition 2.7 and General Condition 32) to the District Engineer prior to commencing the activity if; 1) impacts (other than temporary dewatering to work in dry conditions) to streams or waterbodies exceed 75 linear feet; 2) temporary impacts to streams or waterbodies associated with dewatering to work in dry conditions exceeds 150 linear feet; 3) the project will involve impacts to wetlands; 4) the project involves the replacement of a bridge or spanning structure with a culvert or non-spanning structure in waters of the United States; or 5) the activity will be constructed during the trout waters moratorium (October 15 through April 15). 4.1.2 The permittee shall submit a PCN (see NWP General Condition 32) to the District Engineer prior to commencing the activity if the activity involves repair, rehabilitation or replacement of impounding structures or parts of impounding structures or fills.

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/ESA/

http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/ESA/

36

4.1.3 The permittee shall submit a PCN to the District Engineer prior to commencing the activity if the activity will involve the discharge of dredged or fill material into more than 1/10-acre of wetlands or 150 linear feet of stream channel for the construction of temporary access fills and/or temporary road crossings. The PCN must include a restoration plan that thoroughly describes how all temporary fills will be removed, how pre-project conditions will be restored, and include a timetable for all restoration activities.

ROY COOPERGovema

MICHAEL S. REGANse rera y

LINDA CULPEPPERDirecror

NORTH CAROLINA

Envi onmental Quality

March 4. 2019

Forsyth CountyN C D W R Proj ect N o. 20 I 90 I 45Springside Pond and Culvert

Villa e of Clemmons

APPROVAL of 401 WATER QUALITY CERTIFICATION wi[ h ADDITIONAL CONDITIONS

Mr. Mike Gunnell. Director

Public Works, Village ofClemmons

3800 Dillon Industrial Drive

Clemmons, NC 27012

mgunnell icicmmuns.orel

Dear Mr. Gunnell:

You have our approval, in accordance with the conditions listed below for the following impacts to replaee existingculvetts and drain a pond on Springside Drive in Porsyth Counry:

Stream Im acts in the Yadkin PeeDee River Rasin.

Permanen[ Fill in Perennial StreamStrcam

linear ft) Temporary Fill in PerennialImpacts

Si[ e RequiringStream Qinear ft)

MitigationCulvert RipRap ( linear f[)

I 0 54 - -

To[ als 20 54 - -

1' otal Stream Impac[ For Yroject: 74 linear feet.

Site

O en Water Im acts in Ihe Yadkin PeeDee River Basin

Permanent Fill in Open Waters Temporary Fill in Open Watersac) ( ac)

Culver[

0

Total Open Water Impact for Project: 0. 09 acres

o. oa

Dewater Fill

o.osn.os

1 m pactsRequiringMitigAtion

linear ft)

Nurth CaruGna Dcpartmcnt ut Environmcn al Quality I Division uf Wa cr kcsour cs

DE 512 Nurlh Selitibury Sirerl I Ibl7 Mail Service Cemer I Ralciyh North Carolina P699 Ib

u• 9197079000

The project shall be constructed in accordance with your application dated January 30, 2019. After reviewing yourapplication, we have decided that the proposed impacts are covered by General Water Quality Certification (GC) Number 4135. This GC corresponds to US Army Coips of Engineers Nationwide Permit 14. In addition, you shouldacquire any other federal, state or local permits before you proceed with your project including ( but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval will expirewith the correspondin 404 permit.

This approval is valid.solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, thenew owner must be given a copy of this Certification and approval letter and is thereby responsible for complyingwith all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of totalimpacts to streams ( now or in the future) exceed 300 linear feet, compensatory mitigation may be required asdescribed in 15A NCAC 2H .0506 ( h) ( 6) and ( 7). For this approval to remain valid, you must adhere to theconditions listed in the attached certification( s) and any additional conditions listed below.

Condition(s) of Certification:

Project Specific Conditions

1. The permittee or its authorized agents shall notify DWR staff( at the email below) once the project begins sothat periodic inspections can be conducted. [ 15A NCAC 02H.0506( b)( 2)]

2. The Permittee shall ensure that the final work adheres to the permit and to the permit drawings submitted forapprovaL [ 15A NCAC 02H . 0507( c) and 15A NCAC 02H . 0506 ( b)( 2) and ( c)( 2)]

3. As site work progresses and it is observed that impacts to streams will change or if any modifications areneeded to permit drawings, the permittee shall notify DWR staff (at the email below) prior to commencin withany further work.

General Conditions

1. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact betweencuring concrete and stream water. Water that inadvertently contacts uncured concrete shall not be dischargedto surface waters due to the potential for elevated pH and possible aquatic life and fish kilis. [ 15A NCAC02B. 0200]

2. No rock, sand or other materials shall be dredged from the stream channel except where authorized by thiscertification. [ 15A NCAC 02H. 0506( b)( 3)]

3. Dischargin hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface watersis prohibited. [ 15A NCAC 02H. 0506( b)( 3)]

4. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water qualitystandards ( including any requirements resulting from compliance with 303( d) of the Clean Water Act) and anyother appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws

are not being met ( including the failure to sustain a designated or achieved use) or that State or federal law is beingviolated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modifythis certification. [ 15A NCAC 02B.0200]

5. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, theWater Quality Certification and all subsequent modifications, if any, shall be maintained with the Village Engineerand the on- site project manager. [ I SA NCAC 02H .0507( c) and 15A NCAC 02H .0506 ( b)( 2) and ( c)( 2)]

6. The outside buffer, wetland or water boundary located within the construction corridor approved by thisauthorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to

areas within the fencing are prohibited unless otherwise authorized by this certification. [ 15A NCAC 02H.0501

and . 0502]

7. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government a encies ( i. e. local, state, and federal) havingjurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion andsedimentation control requirements, etc.

8. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hoursof discovery. [ 15A NCAC 02B.0506( b)( 2)]

9. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the projectby the end of the growing season following completion of construction. [ I SA NCAC 02H.0506(b)( 3) and ( c)( 3)]

10. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with thispermit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation may be required. [ I SA NCAC 02H. 0506( b)( 3) and

l

11. Erosion and sediment control practices must be in full compliance with all specifications governing the properdesign, installation and operation and maintenance of such Best Management Practices in order to protect surfacewaters standards [ 15A NCAC 02H. 0506(b)( 3) and ( c)( 3]):

a. The erosion and sediment control measures for the project must be designed, installed, operated, andmaintained in accordance with the most recent version of the North Carolina Sedinzent and Erosion Control

Planning and Design Manatal.

b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be

such that they equal, or exceed, the rec uirements specified in the most recent version of the North CarolinaSediment a Td E osion Control Manunl. The devices shall be maintained on all construction sites, borrow

sites, and waste pile ( spoil) projects, including contractor-owned or leased borrow pits associated with theproj ect.

c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, andmaintained in accordance with the most recent version of the North Carolina Su face Mining Manual.

d. The reclamation measures and implementation must comply with the reclamation in accordance with therequirements of the Sedimentation Pollution Control Act.

12. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall beremoved, and the natural grade restored upon completion of the project. [ 15A NCAC 02H. 0506(b)( 3) and ( c)( 3)]

If you wish to contest any statement in the attached Certification you must file a petition for an administrativehearing. You may obtain the petition form from the office of Administrative hearings. You must file the petitionwith the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is consideredfiled when it is received in the office of Administrative Hearings durin normal office hours. The Office of

Administrative Hearings accepts filings Monday through Friday between the hours of 8: OOam and S: OOpm, exceptfor official state holidays. The original and one ( 1) copy of the petition must be filed with the Office ofAdministrative Hearings.

The petition may be faxed-providing the original and one copy of the document is received by the Office ofAdministrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is:

Office of Administrative Hearings

6714 Mail Service Center

Raleigh, NC 27699- 6714

Telephone: ( 919) 431- 3000, Facsimile: ( 919) 431- 3100

A copy of the petition must also be served on DEQ as follows:

Mc Bill F. Lane, General Counsel

Department of Environmental Quality1601 Mail Service Center

This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If youhave any questions, please contact Dave Wanucha at ( 336) 776- 9703 or dave. wanucha@ncdencgov.

CSincerely, // Wv"! /'

Linda Culpepper, Director

Division of Water Resources

Electronic copy only distribution: Bryan Roden Reynolds, US Army Corps of Engineers, Charlotte Field OfficeClaire Ellwanger, US Fish and Wildlife Service, Asheville Office

Marla Chambers, NC Wildlife Resources Commission

Cindy Lancaster, lEWELL Engineering Consultants, P.C. ( clancaster@jewellengr. com) File Copy

June 7, 2017 Cindy C. Lancaster, P.E. JEWELL ENGINEERING CONSULTANTS, PC Po Box 2294 Kernersville, NC 27285 Re: Subsurface Investigation Springside Drive Dam Improvements Clemmons, North Carolina GeoTechnologies Project No. 1-17-0418-EA Dear Ms. Lancaster: GeoTechnologies, Inc. has completed the authorized investigation to evaluate subsurface soil conditions for a dam on Springside Drive in Clemmons, North Carolina. Subsurface conditions along the embankment were investigated by drilling three soil test borings at the locations shown on the attached Figure 1. The boring locations were established in the field by measuring distances from existing site landmarks and then recording the GPS coordinates which are summarized in the table below: BORING LATITUDE LONGITUDE B-1 36.0369977 -80.3735631 B-2 36.0370549 -80.3736046 B-3 36.0371517 -80.3735454 The test borings were advanced with a CME-550 drill rig to termination depths of about 20 to 25 feet using standard penetration test procedures at selected intervals to evaluate the consistency and density of the subsurface soils. This report presents the findings of our investigation and our preliminary recommendations based on those findings.

PROJECT AND SITE DESCRIPTION We understand that the CMP spillway at the Springside Drive dam is undersized such that the dam and road are overtopped several times a year. Overtopping and the location of the outlets for the spillway pipes has resulted in erosion to the downstream slope, and it appears the slope has been stabilized over the years with rip-rap, concrete, and asphalt. The presence of these materials on the slope face made it difficult to evaluate erosion or the slope angle; however, we estimate that the downstream slope is about 2H:1V, with a height of about 15 feet. The length of the embankment with a significant downstream slope is about 100 feet or slightly less. The visible portion of the upstream slope appears flatter than 3H:1V. What appears to be an RCP bottom drain outlet was observed near the toe of the downstream slope. The spillway for the dam will be modified by installing a properly sized culvert. The work area will be unwatered by sheeting a cofferdam around the new structure. Further, a temporary access road will be constructed downstream of the dam for homeowners north of the dam. Utilities which run parallel to the road include sanitary sewer and water.

Springside Drive Dam June 7, 2017 Page: 2

SUBSURFACE CONDITIONS

Generalized subsurface profiles prepared from the test boring data are attached to this report as Figure 2 to graphically illustrate conditions encountered at the boring locations. More detailed descriptions of the conditions encountered at the individual boring locations are then presented on the boring records. The borings encountered between 12 to 14.5 feet of fill or possible fill soils. The fill typically consisted of silts and clays with occasional sands and gravel. Below about 4 to 5 feet, some of the fill included organics. Penetration resistances in the fill/possible fill were in the range of 4 to 14 blows per foot (bpf), indicating marginal to good compaction. The fill/possible fill was underlain by sands and clays with penetration resistances in the range of 3 to 12 bpf. Below 15 to 17.5 feet the borings encountered partially weathered rock (PWR) with soil lenses. PWR is defined as material whose standard penetration resistances are more than 100 bpf, but which may be penetrated by the soil drilling process. The borings were terminated at about 20 to 25 feet, with auger refusal encountered in boring B-3. Water was measured at about 17 to 20 feet at the time of boring completion, but would likely be higher with extended monitoring. The borings were grouted upon completion.

RECOMMENDATIONS The following recommendations are made based upon a review of the attached investigative data and experience with similar projects and subsurface conditions. As additional project information becomes available, that information should be provided to GeoTechnologies so that our recommendations can be confirmed, extended, or modified as necessary. Condition of Embankment. The embankment contains fill/possible fill soils which appear marginally to reasonably well compacted. These soils were generally moist to wet and included some organics below about 4 to 5 feet. Although it is difficult to tell from a small diameter sample, it is probable that some topsoil was used in the construction of the embankment. The fill/possible fill was placed over some very loose sands in borings B-1 and B-2, and then PWR was encountered within about 0.5 to 3 feet from the bottom of the fill/possible fill in the borings. Visually, the only indication that the embankment slopes have experienced instability is the apparent erosion or possible shallow slides on the downstream slope face in the proximity of the spillway pipe outlets. Attempts have been made to stabilize this area with rip-rap, concrete, and asphalt; however, the composition of this material is such that it is difficult to tell how stable the downstream slope is in this area. The embankment foundation soils are typically granular meaning that seepage losses through the structure will be higher than if more fine grained soils were present. However, we were given no indication that the pond has difficultly holding water. Proposed Modifications to Embankment. We recommend that the downstream slope be flattened and regraded as necessary to no steeper than 2.5H:1V. In conjunction with flattening and regrading the slope, our stability analyses (discussed later) indicate that internal seepage control in the form of a toe drain will be needed


to provide acceptable safety factors. The location and extent of the drain will depend on hydraulic and geometric factors which are not presently known, and will therefore have to be determined as project planning moves forward. For preliminary planning, we recommend that a toe drain be included in the design as shown on Figure 3. One alternative to eliminate the need for a toe drain is to flatten the downstream slope to 3H:1V and include a granular (C33 concrete sand) blanket drain on the existing downstream slope face (after regrading), below the new fill used to flatten the slope. No matter what approach is ultimately taken, some form of internal seepage control will need to be incorporated into the design. The height of the upstream slope is not known; however, the upper portions of the slope appear relatively flat. For long term stability, particularly during drawdown, we recommend that the upstream slope be maintained at no steeper than 3H:1V. Where trees are established on the embankment, we recommend that they be removed to at least 10 feet outside the slope toe and the root bulb area properly cleaned and backfilled. Backfill placed in the tree removal holes should consist of soils with more than 35% passing the #200 sieve and a PI >10%. Where downstream or upstream slopes are modified, the contractor should be prepared to remove concrete, rip-rap, asphalt, and soft soils under this material either by undercut prior to regrading, or by benching in the new fill provided that benching is effective in removing the softer soils. This implies that even slopes which are presently 2.5H:1V or flatter (upstream) may need to be reworked at the face. We were not able to evaluate the downstream slope face due to the stabilizing cover; however, soft soils were present below the waterline of the upstream face up to 7 feet in depth. We anticipate that repairs/potential dewatering will also be needed at the slope toe where slopes are extended to achieve the design geometry. Careful evaluation of the toe area should be performed by the geotechnical engineer at the time of reconstruction. All repairs should be performed under the direction of the geotechnical engineer. experience with similar projects has indicated that a measure of flexibility is needed on the part of the contractor and engineer to deal with the various unexpected conditions which can be encountered during such a project Where existing pipes run through the structure, such as the bottom drain RCP observed, they will have to either be removed or grouted in-place. Grouting may be needed not only in the pipe, but also around the pipe if very soft soils exist along the outlet. In our experience, dam failures are most commonly associated with poor quality control around outlet structures, and this detail should not be overlooked. Borrow Materials. Backfill or fill needed to achieve the design geometry should consist of low to moderately plastic clays and silts with Unified Soil Classifications of CL, CL-CH, ML, and MH. High plasticity clays and silts (CH and MH) may also be considered at the discretion of the geotechnical engineer. The maximum permeability of the borrow should not exceed 1x10E-6 cm/sec unless otherwise approved by the geotechnical engineer. Given the variable composition and consistency of the existing embankment fill, it is our opinion that most of this material will not be suitable for backfill. We recommend budgeting for complete removal and replacement, and if areas of suitable soils are found during excavation of the embankment, they can be stockpiled for reuse and the owner credited.


During construction, density tests should be performed on a full-time basis to identify any potential problem areas. The fill should be placed in loose lifts of no more than 8 inches in thickness. All fill soils should be compacted to a minimum of 95% of the standard Proctor maximum dry density. Assuming the specified density can be achieved, it is our recommendation that fill materials be placed at moisture contents of optimum to 4% wet of optimum unless otherwise directed by the geotechnical engineer. Installation of Primary Spillway/Riser. We recommend that spillway details include a concrete cradle (Figure 4) if the spillway will be a drop inlet and pipe rather than an open channel. The cradle should extend from the upstream toe to the filter diaphragm (Figures 5A/B) near the downstream toe. Figures 5A and 5B may be used as a design guide; however, we recommend that additional laboratory testing be performed during construction on the native and/or import soils as necessary to verify that the detail is adequate. If a box spillway structure is used, it must be founded on suitable material, and provisions must be implemented both to cut water flow off under the chute slab and around the perimeter of the box to intercept and control any water which does get beyond the cut-offs. Whether or not some undercut and backfill has to be placed under the box will depend on the elevation of the box and subsurface conditions. If soft or highly pervious soils are exposed at design subgrade, they will need to be removed and replaced with properly compacted low permeability structural fill. Based on the results of the borings, we suggest that the base of the box be designed assuming an allowable bearing pressure of 3,000 psf. This design would be used for design of the retaining walls which will be constructed as part of the box. The sidewalls for the box should be designed to resist a triangular lateral earth pressure distribution computed based on the assumption that the soils weigh 50 pcf above the water table and 90 pcf below the water table. Additional loads to accommodate traffic loads will need to be added to these values. To prevent excessive seepage around the perimeter of the new structure, we suggest that consideration be given to constructing a reinforced concrete wing wall and cut off wall under a control section beneath the slab and perpendicular to the chute to reduce the potential for seepage under the slab and beyond the chute. Secant walls could also be used, but would likely be more expensive in this application. To control seepage downstream of the cut-off which potential will bypass the cut-off elements, a drainage layer should be placed under the concrete slab-on-grade. The typical drainage layer would consist of a minimum of 6 to 8 inches of C33 concrete sand placed directly on the prepared soil subgrade overlain by a minimum of 12 to 18 inches of #78 stone. The #78 stone can increase drag on the bottom of the concrete spillway section thereby increasing the potential for shrinkage cracks if the slab is not reinforced. Accordingly, you may wish to consider placing an additional 3 to 4 inches of C33 concrete over the stone prior to placing the concrete slab. Water collected in this underdrain is generally handled by placing one or two deepened trench sections running perpendicular to the direction of flow to intercept water and direct it towards deepened trench sections which run parallel with the direction of flow to an outlet point. Pipe does not have to be placed in these deepened sections except where the water is collected for discharge. A schedule #80 PVC perforated pipe should extend back into the stone and then extend through the filter sand as a solid pipe and be discharged at a small outlet headwall where the amount of seepage being collected can be periodically measured and recorded to evaluate performance of the spillway and spillway cut-off systems. It may be necessary to tie down portions of the box to resist hydrostatic uplift. The sections of the spillway beyond the cutoff will have an under drain system to prevent uplift. Shallow partially weathered rock appears to exist at relatively shallow depth and a conventional grouted anchor can be used to add uplift resistance. At least two


anchors should be pulled at the start of the project to verify that they provide the desired uplift support on the pond side of the cutoff wall. Cofferdam Construction. We understand that consideration is begin given to using sheeting to construct the cofferdam needed to install the new spillway. Given that variable fill and very loose sands overlie PWR where the spillway will be installed, it is likely that a conventional sheet pile installation will not be able to achieve the embedment necessary to resist lateral loading since sheeting cannot be driven into PWR. This is particularly true considering that any soft soils below the bottom of the spillway box will have to be undercut, meaning that sheets driven to the top of PWR may have almost no embedment after undercutting. As such, additional internal bracing methods or an alternative shoring design, such as a king pile/sheet system, will need to be considered. Alternatively, the pond can be drained with a siphon and the spillway installed with a slide rail system, or with an open cut. A probe rod inspection of the area along the upstream slope where the cofferdam will be located indicates the presence of very soft soils to depths of 5 to 7 feet at the furthest point into the water. Based on our probing and the results of test boring B-2, we recommend that the selected shoring system be designed using the parameters provided in the table below. Depth (ft) Unit Weight –

Above/Below Water (pcf) Cohesion (psf) Friction Angle (phi)

0-7 100/45 0 0 7-14 120/60 600 0 14-17 120/60 0 30 17-17.5 130/70 0 34 It is noted that the depths indicated in the table are taken from the top of the soil layer and do not include the depth of water (where appropriate) above the soil. Additionally, the unit weights provided are for both above and below the water line, and should be used as appropriate. The design should account for hydrostatic pressures separately. Should the installing contractor encounter conditions different to those presented in the table, that information should be provided to the geotechnical engineer and shoring designer immediately. Embankment Slope Stability. GeoTechnologies used the slope stability program SLIDE to estimate the downstream slope safety factor. Our analysis indicates that the long term safety factor can be improved to (+/-) 1.5 with flattening to 2.5H:1V and a toe drain, or by flattening the slope to 3H:1V and including a granular blanket drain. Dam Safety requires that all High Hazard dams (if it is determined that this is one) have a safety factor of 1.5 or more against failure during long term steady state operations. Even if the dam is not High Hazard, we typically recommend a minimum safety factor of 1.5. Upstream rapid draw down analyses were not performed; however, our experience has been that slopes properly constructed at 2.5H:1V or flatter will provide a minimum safety factor of 1.25 which meets the Dam Safety High Hazard requirement for rapid draw-down. The provided analyses should be considered preliminary in nature and should not be used for final design. Final analyses should be performed by the geotechnical engineer as project plans are developed.

0

2

4

6

8

10

12

14

16

18

20

22

24

26

6

4

5

4

11

12

5

3

50/5"

50/1"

50/0.5"

B- 1

5

5

9

8

6

8

5

3

12

50/2.5"

50/4"

B- 2

6

7

8

14

9

6

8

50/3.5"

50/3"

B- 3


SCALE: As Shown

FIGURE No: 2Springside Drive Dam

Depth (Feet)

JOB No:1-17-0418-EA

PROJECT:

GENERALIZED SUBSURFACE PROFILE

Possible Fill

Fill

LEGEND

Groundwater at Time of Boring

8 Standard Penetration Resistance

Auger Refusal

Soil/Gravel

Low Plasticity Silt to Clay

Organic Silt or Clay

Low Plasticity Clay

Moderate Plasticity Clay

Clayey Sand

Clayey Sand - Sandy Clay

Silty Sand

Partially Weathered Rock

Asphalt

CABC Stone

Organic Clay/Silt

jgrizzard.VBN

Typewritten Text

Cover

jgrizzard.VBN

Typewritten Text

at Outlet

jgrizzard.VBN

Line

Note: Filter materials and pipes must meet piping/permeability

criateria per Chapter 26 NRCS.

Plan View of Diaphragm

Two Stage Filter

2 Stage Filter

Perforated Schedule 80 PVC collecter pipe, capped at each

end. Pipe placed at horizontial center of the coarse filter

material. Pipe openings should be submitted for approval by

geotechnical engineer.

6' min

Solid Outlet Pipe (Schedule 80 PVC)to headwall

Outlet Conduit

FlowD

3D

3D

Solid Outlet Pipe (Schedule 80 PVC)to headwall

Note: Filter materials and pipes must meet piping/permeability

criateria per Chapter 26 NRCS.

Fine Filter material is NCDOT C33 Sand.

Coarse Filter material is #78 Stone.

Section View

Two Stage Filter

Outlet Conduit

FlowD

3D

1.5D

6" min

6" min coarse filter material below pipe.

Solid Outlet Pipe

Fine Filter

6' min

Fine Filter

12" min

12" min

1.5' min

Fine Filter

1.5'

min

Fine Filter

Co

arse

Filte

r

18"

Steel Gaurd Pipewith Locking Cap

SurfaceNeat Portland Cement Grout

Bentonite Seal

C33 Filter Sand

0.010" Well Screen2" I.D. PVC

PVC Cap, Glued

12"

12"

Varies

6"

Standard Piezometer Detail

PROJECT:

Springside Drive Dam


SCALE: Not to Scale

JOB No: 1-17-0418-EA

FIGURE No:6

Fill - Gravel & SoilFill - Stiff Firm Orange Brown Slightly MicaceousSlightly Fine Sandy Clayey SILT

Fill - Firm Black Organic Silty CLAY

Fill - Wet Soft Gray Slightly Micaceous Fine toMedium Sandy CLAY w/Gravel

Fill - Stiff Gray Fine Sandy Silty CLAY w/Gravel

Fill - Stiff Brown Silty CLAY

Fill - Soft Gray Brown Silty CLAY w/OrganicsVery Loose Brown Silty Clayey Fine to MediumSANDVery Loose Black Silty Clayey Fine SANDVery Loose Gray Silty Fine to Medium SANDPartially Weathered Rock - Sampled as GrayMicaceous Silty Fine SAND

Hard Gray Micaceous Silty Fine SAND

Partially Weathered Rock - Not Sampled

Boring terminated at 24.1'

2-2-4-4

3-2-2-2

2-2-3-4

2-2-2-4

3-4-7-7

6-6-6-6

2-3-2-2

1-1-2-2

50/5"

16-50/1"

50/0.5"

0.2

5.0

6.0

7.5

10.0

13.013.514.0

15.516.0

18.5

19.5

24.1

MLCL

OL

CL

CL

CLCH

CLSCSCCL

SM

SM

PENETRATION(BLOWS/FT.)

BLOWS PERSIX INCHES

ELEVATION(FT.)

100 20 40 60 100

DESCRIPTION

Groundwater encountered at 20' at time of boring.

DEPTH(FT.)

0.0

TEST BORING RECORD

1 OF 1PAGE

JOB NUMBERBORING NUMBERDATE

1-17-0418-EAB- 16-2-17

GT

I_M

AIN

170

418

.GP

J G

TI.G

DT

6/2

/17

3200 Wellington Court, Ste 108Raleigh, NC 27615

Fill - AsphaltFill - CABCFill - Firm Orange Brown Slightly Micaceous FineSandy Clayey SILT w/Quartz at 2-4'

Fill - Firm to Stiff Black Brown Fine Sandy SiltyCLAY w/Organics & Occasional Gravel

Fill - Firm Orange Brown Slightly Fine to MediumSandy Silty CLAY

Fill - Firm Wet Black Brown Fine Sandy SiltyCLAY w/Few Organics

Very Loose Wet Black Slightly Clayey Silty Fine toMedium SAND

Medium Dense Black Silty Fine to Medium SANDPartially Weathered Rock - Sampled as TanSlightly Micaceous Silty Fine to Medium SANDw/Quartz

Boring terminated at 24.4'

3-3-2

3-2-3-3

4-4-5-4

3-4-4-4

2-2-4-3

4-4-4-4

2-2-3-2

1-2-1-1

2-2-10-50/3.5"

50/2.5"

50/4"

0.40.5

4.0

8.0

12.0

14.3

17.017.5

24.4

MLCL

CLOL

CL

CL

SM

SM


BLOWS PERSIX INCHES

ELEVATION(FT.)

100 20 40 60 100

DESCRIPTION

Groundwater encountered at 19.5' at time of boring.

DEPTH(FT.)

0.0

TEST BORING RECORD

1 OF 1PAGE


1-17-0418-EAB- 26-2-17

GT

I_M

AIN

170

418

.GP

J G

TI.G

DT

6/2

/17


Fill - AsphaltFill - CABC StoneFill - Wet Firm Orange Brown Slightly MicaceousFine to Medium Sandy Clayey SILT

Fill - Firm to Stiff Black Brown Slightly MicaceousSlightly Fine to Medium Sandy Clayey SILTw/Few Organics & Wood

Possible Fill - Wet Loose Gray Black Silty ClayeyFine to Medium SAND

Stiff Gray Black Slightly Fine Sandy Silty CLAYPartially Weathered Rock - Sampled as Gray SiltyCLayey Fine to Coarse SAND w/Small Gravel &Soil Lenses

Auger Refusal at 19.8'

5-3-3

4-4-3-4

2-3-5-5

5-6-8-6

4-4-5-5

2-22-4-5

2-5-3-5

7-42-50/3.5"

50/3"

0.40.7

5.0

12.0

14.515.0

19.8

ML

MLCL

SCCL

CL


BLOWS PERSIX INCHES

ELEVATION(FT.)

100 20 40 60 100

DESCRIPTION

Groundwater encountered at 16.7' at time of boring.

DEPTH(FT.)

0.0

TEST BORING RECORD

1 OF 1PAGE


1-17-0418-EAB- 36-2-17

GT

I_M

AIN

170

418

.GP

J G

TI.G

DT

6/2

/17


PROJECT MANUAL Springside Drive Stream Restoration and ...

Documents

Transcript of PROJECT MANUAL Springside Drive Stream Restoration and ...