Common use of STANDARD SPECIAL PROVISION Clause in Contracts

STANDARD SPECIAL PROVISION. NCDOT GENERAL SEED SPECIFICATION FOR SEED QUALITY (5-17-11) Z-3 Seed shall be sampled and tested by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory. When said samples are collected, the vendor shall supply an independent laboratory report for each lot to be tested. Results from seed so sampled shall be final. Seed not meeting the specifications shall be rejected by the Department of Transportation and shall not be delivered to North Carolina Department of Transportation warehouses. If seed has been delivered it shall be available for pickup and replacement at the supplier’s expense. Any re-labeling required by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory, that would cause the label to reflect as otherwise specified herein shall be rejected by the North Carolina Department of Transportation. Seed shall be free from seeds of the noxious weeds Johnsongrass, Balloonvine, Jimsonweed, Witchweed, Itchgrass, Serrated Tussock, Showy Crotalaria, Smooth Crotalaria, Sicklepod, Sandbur, Wild Onion, and Wild Garlic. Seed shall not be labeled with the above weed species on the seed analysis label. Tolerances as applied by the Association of Official Seed Analysts will NOT be allowed for the above noxious weeds except for Wild Onion and Wild Garlic. Tolerances established by the Association of Official Seed Analysts will generally be recognized. However, for the purpose of figuring pure live seed, the found pure seed and found germination percentages as reported by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory will be used. Allowances, as established by the NCDOT, will be recognized for minimum pure live seed as listed on the following pages. The specifications for restricted noxious weed seed refers to the number per pound as follows: Restricted Noxious Weed Limitations per Lb. Of Seed Restricted Noxious Weed Limitations per Lb. of Seed Blessed Thistle Cocklebur 4 seeds 4 seeds Cornflower Xxxxx) Texas Panicum (Ragged 27 seeds 27 seeds Spurred Anoda 4 seeds Bracted Plantain 54 seeds Velvetleaf 4 seeds Buckhorn Plantain 54 seeds Morning-glory 8 seeds Broadleaf Dock 54 seeds Corn Cockle 10 seeds Curly Dock 54 seeds Wild Radish 12 seeds Dodder 54 seeds Purple Nutsedge 27 seeds Giant Foxtail 54 seeds Yellow Nutsedge 27 seeds Horsenettle 54 seeds Canada Thistle 27 seeds Quackgrass 54 seeds Field Bindweed 27 seeds Wild Mustard 54 seeds Hedge Bindweed 27 seeds Seed of Pensacola Bahiagrass shall not contain more than 7% inert matter, Kentucky Bluegrass, Centipede and Fine or Hard Fescue shall not contain more than 5% inert matter whereas a maximum of 2% inert matter will be allowed on all other kinds of seed. In addition, all seed shall not contain more than 2% other crop seed nor more than 1% total weed seed. The germination rate as tested by the North Carolina Department of Agriculture shall not fall below 70%, which includes both dormant and hard seed. Seed shall be labeled with not more than 7%, 5% or 2% inert matter (according to above specifications), 2% other crop seed and 1% total weed seed. Exceptions may be made for minimum pure live seed allowances when cases of seed variety shortages are verified. Pure live seed percentages will be applied in a verified shortage situation. Those purchase orders of deficient seed lots will be credited with the percentage that the seed is deficient. FURTHER SPECIFICATIONS FOR EACH SEED GROUP ARE GIVEN BELOW: Minimum 85% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 83% pure live seed will not be approved. Sericea Lespedeza Oats (seeds) Minimum 80% pure live seed; maximum 1% total weed seed; maximum 2% total other crop; maximum 144 restricted noxious weed seed per pound. Seed less than 78% pure live seed will not be approved. Tall Fescue (all approved varieties) Bermudagrass Kobe Lespedeza Browntop Millet Korean Lespedeza German Millet – Strain R Weeping Lovegrass Clover – Red/White/Crimson Carpetgrass Minimum 78% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 76% pure live seed will not be approved. Common or Sweet Sundangrass Minimum 76% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 74% pure live seed will not be approved. Rye (grain; all varieties) Kentucky Bluegrass (all approved varieties) Hard Fescue (all approved varieties) Shrub (bicolor) Lespedeza Minimum 70% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 noxious weed seed per pound. Seed less than 70% pure live seed will not be approved. Centipedegrass Japanese Millet Crownvetch Xxxx Canary Grass Pensacola Bahiagrass Zoysia Creeping Red Fescue Minimum 70% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 5% inert matter; maximum 144 restricted noxious weed seed per pound. Barnyard Grass Big Bluestem Little Bluestem Bristly Locust Birdsfoot Trefoil Indiangrass Orchardgrass Switchgrass Yellow Blossom Sweet Clover

STANDARD SPECIAL PROVISION. NCDOT GENERAL SEED SPECIFICATION FOR SEED QUALITY (5-17-11) Z-3 Seed shall be sampled and tested by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory. When said samples are collected, the vendor shall supply an independent laboratory report for each lot to be tested. Results from seed so sampled shall be final. Seed not meeting the specifications shall be rejected by the Department of Transportation and shall not be delivered to North Carolina Department of Transportation warehouses. If seed has been delivered it shall be available for pickup and replacement at the supplier’s expense. Any re-labeling required by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory, that would cause the label to reflect as otherwise specified herein shall be rejected by the North Carolina Department of Transportation. Seed shall be free from seeds of the noxious weeds Johnsongrass, Balloonvine, Jimsonweed, Witchweed, Itchgrass, Serrated Tussock, Showy Crotalaria, Smooth Crotalaria, Sicklepod, Sandbur, Wild Onion, and Wild Garlic. Seed shall not be labeled with the above weed species on the seed analysis label. Tolerances as applied by the Association of Official Seed Analysts will NOT be allowed for the above noxious weeds except for Wild Onion and Wild Garlic. Tolerances established by the Association of Official Seed Analysts will generally be recognized. However, for the purpose of figuring pure live seed, the found pure seed and found germination percentages as reported by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory will be used. Allowances, as established by the NCDOT, will be recognized for minimum pure live seed as listed on the following pages. The specifications for restricted noxious weed seed refers to the number per pound as follows: Restricted Noxious Weed Limitations per Restricted Noxious Limitations per Weed Lb. Of Seed Restricted Noxious Weed Limitations per Lb. of Seed Blessed Thistle 4 seeds Cornflower (Ragged Xxxxx) 27 seeds Cocklebur 4 seeds 4 seeds Cornflower Xxxxx) Texas Panicum (Ragged 27 seeds 27 seeds Spurred Anoda 4 seeds Bracted Plantain 54 seeds Velvetleaf 4 seeds Buckhorn Plantain 54 seeds Morning-glory 8 seeds Broadleaf Dock 54 seeds Corn Cockle 10 seeds Curly Dock 54 seeds Wild Radish 12 seeds Dodder 54 seeds Purple Nutsedge 27 seeds Giant Foxtail 54 seeds Yellow Nutsedge 27 seeds Horsenettle 54 seeds Canada Thistle 27 seeds Quackgrass 54 seeds Field Bindweed 27 seeds Wild Mustard 54 seeds Hedge Bindweed 27 seeds Seed of Pensacola Bahiagrass shall not contain more than 7% inert matter, Kentucky Bluegrass, Centipede and Fine or Hard Fescue shall not contain more than 5% inert matter whereas a maximum of 2% inert matter will be allowed on all other kinds of seed. In addition, all seed shall not contain more than 2% other crop seed nor more than 1% total weed seed. The germination rate as tested by the North Carolina Department of Agriculture shall not fall below 70%, which includes both dormant and hard seed. Seed shall be labeled with not more than 7%, 5% or 2% inert matter (according to above specifications), 2% other crop seed and 1% total weed seed. Exceptions may be made for minimum pure live seed allowances when cases of seed variety shortages are verified. Pure live seed percentages will be applied in a verified shortage situation. Those purchase orders of deficient seed lots will be credited with the percentage that the seed is deficient. FURTHER SPECIFICATIONS FOR EACH SEED GROUP ARE GIVEN BELOW: Minimum 85% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 83% pure live seed will not be approved. Sericea Lespedeza Oats (seeds) Minimum 80% pure live seed; maximum 1% total weed seed; maximum 2% total other crop; maximum 144 restricted noxious weed seed per pound. Seed less than 78% pure live seed will not be approved. Tall Fescue (all approved varieties) Bermudagrass Kobe Lespedeza Browntop Millet Korean Lespedeza German Millet – Strain R Weeping Lovegrass Clover – Red/White/Crimson Carpetgrass Minimum 78% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 76% pure live seed will not be approved. Common or Sweet Sundangrass Minimum 76% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 74% pure live seed will not be approved. Rye (grain; all varieties) Kentucky Bluegrass (all approved varieties) Hard Fescue (all approved varieties) Shrub (bicolor) Lespedeza Minimum 70% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 noxious weed seed per pound. Seed less than 70% pure live seed will not be approved. Centipedegrass Japanese Millet Crownvetch Xxxx Canary Grass Pensacola Bahiagrass Zoysia Creeping Red Fescue Minimum 70% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 5% inert matter; maximum 144 restricted noxious weed seed per pound. Barnyard Grass Big Bluestem Little Bluestem Bristly Locust Birdsfoot Trefoil Indiangrass Orchardgrass Switchgrass Yellow Blossom Sweet CloverClover STANDARD SPECIAL PROVISION ERRATA Revise the 2012 Standard Specifications as follows: Division 2 “Article 107-25”. Page 2-17, Article 226-3, Measurement and Payment, line 2, delete “pipe culverts,”.

STANDARD SPECIAL PROVISION. NCDOT GENERAL SEED SPECIFICATION FOR SEED QUALITY (5-17-11) Z-3 Seed shall be sampled and tested by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory. When said samples are collected, the vendor shall supply an independent laboratory report for each lot to be tested. Results from seed so sampled shall be final. Seed not meeting the specifications shall be rejected by the Department of Transportation and shall not be delivered to North Carolina Department of Transportation warehouses. If seed has been delivered it shall be available for pickup and replacement at the supplier’s expense. Any re-labeling required by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory, that would cause the label to reflect as otherwise specified herein shall be rejected by the North Carolina Department of Transportation. Seed shall be free from seeds of the noxious weeds Johnsongrass, Balloonvine, Jimsonweed, Witchweed, Itchgrass, Serrated Tussock, Showy Crotalaria, Smooth Crotalaria, Sicklepod, Sandbur, Wild Onion, and Wild Garlic. Seed shall not be labeled with the above weed species on the seed analysis label. Tolerances as applied by the Association of Official Seed Analysts will NOT be allowed for the above noxious weeds except for Wild Onion and Wild Garlic. Tolerances established by the Association of Official Seed Analysts will generally be recognized. However, for the purpose of figuring pure live seed, the found pure seed and found germination percentages as reported by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory will be used. Allowances, as established by the NCDOT, will be recognized for minimum pure live seed as listed on the following pages. The specifications for restricted noxious weed seed refers to the number per pound as follows: Restricted Noxious Weed Limitations per Lb. Of Seed Restricted Noxious Weed Limitations per Lb. of Seed Blessed Thistle 4 seeds Cornflower (Ragged Xxxxx) 27 seeds Cocklebur 4 seeds 4 seeds Cornflower Xxxxx) Texas Panicum (Ragged 27 seeds 27 seeds Spurred Anoda 4 seeds Bracted Plantain 54 seeds Velvetleaf 4 seeds Buckhorn Plantain 54 seeds Morning-glory 8 seeds Broadleaf Dock 54 seeds Corn Cockle 10 seeds Curly Dock 54 seeds Wild Radish 12 seeds Dodder 54 seeds Purple Nutsedge 27 seeds Giant Foxtail 54 seeds Yellow Nutsedge 27 seeds Horsenettle 54 seeds Canada Thistle 27 seeds Quackgrass 54 seeds Field Bindweed 27 seeds Wild Mustard 54 seeds Hedge Bindweed 27 seeds Seed of Pensacola Bahiagrass shall not contain more than 7% inert matter, Kentucky Bluegrass, Centipede and Fine or Hard Fescue shall not contain more than 5% inert matter whereas a maximum of 2% inert matter will be allowed on all other kinds of seed. In addition, all seed shall not contain more than 2% other crop seed nor more than 1% total weed seed. The germination rate as tested by the North Carolina Department of Agriculture shall not fall below 70%, which includes both dormant and hard seed. Seed shall be labeled with not more than 7%, 5% or 2% inert matter (according to above specifications), 2% other crop seed and 1% total weed seed. Exceptions may be made for minimum pure live seed allowances when cases of seed variety shortages are verified. Pure live seed percentages will be applied in a verified shortage situation. Those purchase orders of deficient seed lots will be credited with the percentage that the seed is deficient. FURTHER SPECIFICATIONS FOR EACH SEED GROUP ARE GIVEN BELOW: Minimum 85% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 83% pure live seed will not be approved. Sericea Lespedeza Oats (seeds) Minimum 80% pure live seed; maximum 1% total weed seed; maximum 2% total other crop; maximum 144 restricted noxious weed seed per pound. Seed less than 78% pure live seed will not be approved. Tall Fescue (all approved varieties) Bermudagrass Kobe Lespedeza Browntop Millet Korean Lespedeza German Millet – Strain R Weeping Lovegrass Clover – Red/White/Crimson Carpetgrass Minimum 78% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 76% pure live seed will not be approved. Common or Sweet Sundangrass Minimum 76% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 74% pure live seed will not be approved. Rye (grain; all varieties) Kentucky Bluegrass (all approved varieties) Hard Fescue (all approved varieties) Shrub (bicolor) Lespedeza Minimum 70% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 noxious weed seed per pound. Seed less than 70% pure live seed will not be approved. Centipedegrass Japanese Millet Crownvetch Xxxx Canary Grass Pensacola Bahiagrass Zoysia Creeping Red Fescue Minimum 70% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 5% inert matter; maximum 144 restricted noxious weed seed per pound. Barnyard Grass Big Bluestem Little Bluestem Bristly Locust Birdsfoot Trefoil Indiangrass Orchardgrass Switchgrass Yellow Blossom Sweet CloverClover STANDARD SPECIAL PROVISION ERRATA Revise the 2012 Standard Specifications as follows: Division 2 “Article 107-25”. Page 2-17, Article 226-3, Measurement and Payment, line 2, delete “pipe culverts,”.

STANDARD SPECIAL PROVISION. NCDOT GENERAL SEED SPECIFICATION FOR SEED QUALITY (5-17-11) Z-3 Seed shall be sampled and tested by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory. When said samples are collected, the vendor shall supply an independent laboratory report for each lot to be tested. Results from seed so sampled shall be final. Seed not meeting the specifications shall be rejected by the Department of Transportation and shall not be delivered to North Carolina Department of Transportation warehouses. If seed has been delivered it shall be available for pickup and replacement at the supplier’s expense. Any re-labeling required by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory, that would cause the label to reflect as otherwise specified herein shall be rejected by the North Carolina Department of Transportation. Seed shall be free from seeds of the noxious weeds Johnsongrass, Balloonvine, Jimsonweed, Witchweed, Itchgrass, Serrated Tussock, Showy Crotalaria, Smooth Crotalaria, Sicklepod, Sandbur, Wild Onion, and Wild Garlic. Seed shall not be labeled with the above weed species on the seed analysis label. Tolerances as applied by the Association of Official Seed Analysts will NOT be allowed for the above noxious weeds except for Wild Onion and Wild Garlic. Tolerances established by the Association of Official Seed Analysts will generally be recognized. However, for the purpose of figuring pure live seed, the found pure seed and found germination percentages as reported by the North Carolina Department of Agriculture and Consumer Services, Seed Testing Laboratory will be used. Allowances, as established by the NCDOT, will be recognized for minimum pure live seed as listed on the following pages. The specifications for restricted noxious weed seed refers to the number per pound as follows: Restricted Noxious Weed Limitations per Restricted Noxious Limitations per Weed Lb. Of Seed Restricted Noxious Weed Limitations per Lb. of Seed Blessed Thistle 4 seeds Cornflower (Ragged Xxxxx) 27 seeds Cocklebur 4 seeds 4 seeds Cornflower Xxxxx) Texas Panicum (Ragged 27 seeds 27 seeds Spurred Anoda 4 seeds Bracted Plantain 54 seeds Velvetleaf 4 seeds Buckhorn Plantain 54 seeds Morning-glory 8 seeds Broadleaf Dock 54 seeds Corn Cockle 10 seeds Curly Dock 54 seeds Wild Radish 12 seeds Dodder 54 seeds Purple Nutsedge 27 seeds Giant Foxtail 54 seeds Yellow Nutsedge 27 seeds Horsenettle 54 seeds Canada Thistle 27 seeds Quackgrass 54 seeds Field Bindweed 27 seeds Wild Mustard 54 seeds Hedge Bindweed 27 seeds Seed of Pensacola Bahiagrass shall not contain more than 7% inert matter, Kentucky Bluegrass, Centipede and Fine or Hard Fescue shall not contain more than 5% inert matter whereas a maximum of 2% inert matter will be allowed on all other kinds of seed. In addition, all seed shall not contain more than 2% other crop seed nor more than 1% total weed seed. The germination rate as tested by the North Carolina Department of Agriculture shall not fall below 70%, which includes both dormant and hard seed. Seed shall be labeled with not more than 7%, 5% or 2% inert matter (according to above specifications), 2% other crop seed and 1% total weed seed. Exceptions may be made for minimum pure live seed allowances when cases of seed variety shortages are verified. Pure live seed percentages will be applied in a verified shortage situation. Those purchase orders of deficient seed lots will be credited with the percentage that the seed is deficient. FURTHER SPECIFICATIONS FOR EACH SEED GROUP ARE GIVEN BELOW: Minimum 85% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 83% pure live seed will not be approved. Sericea Lespedeza Oats (seeds) Minimum 80% pure live seed; maximum 1% total weed seed; maximum 2% total other crop; maximum 144 restricted noxious weed seed per pound. Seed less than 78% pure live seed will not be approved. Tall Fescue (all approved varieties) Bermudagrass Kobe Lespedeza Browntop Millet Korean Lespedeza German Millet – Strain R Weeping Lovegrass Clover – Red/White/Crimson Carpetgrass Minimum 78% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 76% pure live seed will not be approved. Common or Sweet Sundangrass Minimum 76% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 restricted noxious weed seed per pound. Seed less than 74% pure live seed will not be approved. Rye (grain; all varieties) Kentucky Bluegrass (all approved varieties) Hard Fescue (all approved varieties) Shrub (bicolor) Lespedeza Minimum 70% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 144 noxious weed seed per pound. Seed less than 70% pure live seed will not be approved. Centipedegrass Japanese Millet Crownvetch Xxxx Canary Grass Pensacola Bahiagrass Zoysia Creeping Red Fescue Minimum 70% pure live seed; maximum 1% total weed seed; maximum 2% total other crop seed; maximum 5% inert matter; maximum 144 restricted noxious weed seed per pound. Barnyard Grass Big Bluestem Little Bluestem Bristly Locust Birdsfoot Trefoil Indiangrass Orchardgrass Switchgrass Yellow Blossom Sweet CloverClover STANDARD SPECIAL PROVISION ERRATA Revise the 2012 Standard Specifications as follows: Division 2 Page 2-17, Article 226-3, Measurement and Payment, line 2, delete “pipe culverts,”.