Attachment 1 Plans and Specifications - Signage and Wayfinding_Part1.pdf

DEPARTMENT OF AGRICULTURE

INYO NATIONAL FOREST

MAMMOTH LAKES

SIGNAGE

AND

WAYFINDING PROJECT

PART I

SPECIAL PROVISIONS

CMI05-03T and CMI05-05T Non-Motor/Non-Winlderness Trails Requisition No. 371379

March 2010

Mammoth Lakes Signage And Wayfinding Project Special Provisions

March 2010 Page i

Mammoth Lakes Signage And Wayfinding Project

PART I: SPECIAL PROVISIONS

TABLE OF CONTENTS

SEC.

0. STANDARD SPECIFICATIONS

0-1 GENERAL

0-2 NUMBERING OF SECTIONS

0-3 MODIFICATIONS

1. SPECIFICATIONS AND PLANS

1-1.02 ABBREVIATIONS

1-1.03 DEFINITIONS

2. PROPOSAL REQUIREMENTS AND CONDITIONS

3. AWARD AND EXECUTION OF CONTRACT

4. SCOPE OF WORK

5. CONTROL OF WORK – GENERAL

5-1.02 PLANS AND WORKING DRAWINGS

5-1.02A TRENCH AND EXCAVATION SAFETY PLANS

5-1.02B SHOP DRAWINGS

5-1.02C SHOP DRAWING SUBMITTALS

5-1.02D MEASUREMENT AND PAYMENT

5-1.04 PRECEDENCE OF CONTRACT DOCUMENTS

5-1.05 ORDER OF WORK

5-1.05A WORK PHASING

5-1.05B WORK SEQUENCE

5-1.07 LINES AND GRADE (SURVEYING)

5-1.07 SURVEY SERVICE

5-1.07A CONSTRUCTION STAKING

5-1.07B QUANTITY SURVEYS

5-1.07C SURVEY MEASUREMENT AND PAYMENT

5-1.08 INSPECTION

5-1.08A GENERAL

5-1.08B INSPECTIONS OF MATERIALS NOT PRODUCED LOCALLY

5-1.14 COST REDUCTION INCENTIVE

5-3 MISCELLANEOUS WORK ITEMS

5-3.01 VIDEOTAPING

5-3.01 GENERAL

5-3.01.1 MEASUREMENT AND PAYMENT FOR VIDEO

5-3.02.1 STORM WATER POLLUTION PREVENTION PLAN

5-3.02.2 SCOPE

5-3.02.3 SWPPP PLAN PREPARATION

5-3.02.4 COST BREAK DOWN

5-3.02.5 SWPPP IMPLEMENTATION

5-3.02.6 MAINTENANCE

5-3.02.7 REPORTING REQUIREMENTS

5-3.02.8 MEASUREMENT AND PAYMENT

5-3.03 PROJECT SIGN

5-3.04 UTILITY COORDINATION

5-3.04A ELECTRICAL – SCE

5-3.04B VERIZON

5-3.04C CATV –

5-3.04D WATER SERVICE – MCWD

5-3.04E OTHR TOWN CONTRACTS COORDINATION

6. CONTROL OF MATERIALS

6-1.01A GENERAL ONE YEAR GUARANTY

6-1.01B MATERIAL DELIVERY

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6-1.01C PAYMENT

6-3.02 TESTING OF BY CONTRACTOR

6-3.02A CONTRACTOR’S QUALITY CONTROL PROGRAM

6-3.02B DESCRIPTION OF PROGRAM

6-3.02C TOWN OF MAMMOTH LAKES QUALITY ASSURANCE PROGRAM

6-3.02D MEASUREMENT AND PAYMENT

6-3.02E NONCOMPLIANCE

7. LEGAL RELATIONS AND RESPONSIBILITIES

7-1.04 PERMITS AND LICENSES

7-1.04A BUSINESS LICENSE AND TAX CERTIFICTE

7-1.04B FOREST SERVICE FIRE PLAN AND PERMIT

7-1.04C OTHER PERMITS

7-1.08 PUBLIC CONVENIENCE

7-1.08A PUBLIC CONVENIENCE

7-1.08B STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS

7-1.08C STREET CLOSURE, DETOURS, BARRICADES

7-1.09 PUBLIC SAFETY

7-1.12 INDEMNIFICATION AND INSURANCE

7-1.12A GENERAL

7-1.12B RESPONSIBILITY FOR DAMAGE

7-1.19 RIGHT-OF-WAY

7-1.19A ADDITIONAL WORK AREAS AND FACILITIES

7-1.19B CONTRACTOR STAGING AREAS

7-1.19C ACCESS COORIDOR VIOLATION PENALTIES

8. PROSECUTION AND PROGRESS

8-1.03 BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES

8-1.12 WORK DAYS AND HOURS

8-1.12.1 WORK DAYS AND HOURS

8-1.12.2 SPECIAL EVENTS

8-1.12.3 FAILURE TO KEEP TRAFFIC LANES OPEN AND LIQUIDATED DAMAGES

8-1.12.4 LEGAL HOLIDAYS

9. MEASUREMENT AND PAYMENT

9-1.015 FINAL PAY QUANTITIES

9-2.1 MEASUREMENT OF QUANTITIES

9-2.1.1 FINAL PAY QUANTITIES

9-2.1.2 DETERMINATION OF QUANTITIES

10. MISCELLANEOUS, DUST CONTROL, AND CONSTRUCTION DETAILS

10-2 CLEANUP AND DUST CONTROL

10-2.01 GENERAL

10-2.02 WATERING

10-2.03 DIVERSION AND CONTROL OF WATER

10-2.04 CLEANING DURING CONSTRUCTION AND FINAL CLEANUP

10-2.05 MEASUREMENT AND PAYMENT

11. MOBILIZATION

11-1.01 SCOPE OF WORK

11-1.02 MEASUREMENT AND PAYMENT

12. TRAFFIC CONTROL

12-1 GENERAL REQUIREMENTS

12-2 CONSTRUCTION SIGNING

12-3 EQUIPMENT IN THE TRAVELED WAY

12-4 ACCESS

12-5 RESTRICTIONS ON CLOSURE OF TRAFFIC LANES

12-6 TEMPORARY GUIDE MARKERS

12-7 PORTABLE DELINEATORS

12-8 FLUORESCENT TRAFFIC CONES

12-9 STRIPING

12-10 MEASUREMENT AND PAYMENT FOR TRAFFIC CONTROL

13. NOT USED

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PART II:

14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS………….……1

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Mammoth Lakes Signage And Wayfinding Project

SPECIAL PROVISIONS

0-0 STANDARD SPECIFICATIONS

0-1 GENERAL

The provisions of the 2006 edition of the “State of California Department of Transportation Standard Specifications" (CSS) prepared and promulgated by Caltrans shall constitute the Standard Specifications for this project unless otherwise noted. The following pages of modifications and additions to the Standard Specifications will be referred to as the Special Provisions. Copies available at http://www.dot.ca.gov/hq/esc/oe/standards.php

0-2 NUMBERING OF SECTIONS

The numbering of Subsections 1 through 95 in these Special Provisions is compatible with the numbering in the CSS.

0-3 MODIFICATIONS

The Subsections numbered 1 through 95, which follow, replace, modify, or add to sections of like number in the CSS. Subsections numbered 100 and above may modify Subsections in the CSS. To the extent of any conflict with the CSS, these provisions shall take precedence. Amendments to the Standard Specifications set forth in these special provisions shall be considered as part of the Standard Specifications for the purposes set forth in Section 5-1.04, "Coordination and Interpretation of Plans, Standard Specifications and Special Provisions," of the Standard Specifications.

SECTION 1. SPECIFICATIONS AND PLANS

The work embraced herein shall be done in accordance with the Standard Specifications dated May, 2006, and the Standard Plans dated May, 2006, of the California Department of Transportation and all published addenda insofar as the same may apply and in accordance with the following special provisions.

In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of the conflicting portions.

ABBREVIATIONS

The following subsection is added to Section 1 of the CSS.

1-1.02 The following abbreviations are added to Subsection 1-02 of the CSS:

AGC Associated General Contractors of America

APWA American Public Works Association ASA American Standard Association BMP Best Management Practices CITY Town of Mammoth Lakes CSP State of California Standard Plans, May 2006 edition

CSS State of California Standard Specifications, May 2006 edition

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MCWD Mammoth Community Water District NEC National Electric Code SSPWC Standard Specification for Public Works Construction, 1998 edition, prepared by Southern California Chapters of AGC and APWA SWPPP Stormwater Pollution Prevention Plan TML Town of Mammoth Lakes TOWN Town of Mammoth Lakes

1-1.03 DEFINITIONS

The following definitions replace or amend definitions in Section 1 of the CSS.

Amended Definitions

Architect, Soils Engineer, Design Engineer, Structural Engineers - Advisors employed during the design process. The Design Engineer for this project is Triad/Holmes and Associates.

Department - Forest Service Contracting Officer Director of Transportation - Forest Service Contracting Officer Director - Forest Service Contracting Officer Due Notice - A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 hours or two (2) working days) prior to the commencement of the contemplated action. Notification may be from Engineer to Contractor or from Contractor to Engineer.

Engineer - Forest Service Contracting Officer, acting either directly or through properly authorized agents acting within the scope of the particular duties entrusted to them.

Engineer’s Estimate – Independent Government Estimate.

Laboratory - The designated laboratory authorized to test materials and the work involved in the Contract.

Owner – Forest Service Contracting Officer State - Forest Service Contracting Officer State of California Department of Transportation Standard Specifications (CSS) - Caltrans Standard Specifications, dated May 2006, State of California Department of Transportation Standard Plans (CSP) - Caltrans Standard Plans dated May 2006.

Town – Forest Service Contracting Officer Town Representative - Engineering Division, acting either directly or through properly authorized agents acting within the scope of the particular duties entrusted to them.

SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS

Not applicable - Section 2 is superseded by Federal Acquisition Regulations

SECTION 3. AWARD AND EXECUTION OF CONTRACT

SECTION 4. SCOPE OF WORK

No changes.

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SECTION 5. CONTROL OF WORK - GENERAL

5-1.02 PLANS AND WORKING DRAWINGS

The following paragraph is added to subsection 5-1.02 of the CSS:

5-1.02A TRENCH AND EXCAVATION SAFETY PLANS

No Changes

5-1.02B SHOP DRAWINGS

The Contractor shall review, mark with approval, and submit for review by the Engineer all shop drawings required by the Contract Documents. Six (6) sets of shop drawings shall be submitted to the Engineer and be accompanied by a letter of transmittal listing the drawings submitted.

Drawings shall show the name of the projects, the name of the Contractor, and, if any, the names of suppliers, manufacturers, and subcontractors. Shop Drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in prosecution of the work.

Shop drawings shall be complete in all respects. If the shop drawings show any deviations from the requirements of the plans and specifications because of standard shop practices or other reasons, the deviations and the reasons therefore shall be set forth in the letter of transmittal.

By submitting shop drawings, the Contractor represents that material, equipment, and other work shown thereon conforms to the plans and specifications, except for any deviations set forth in the letter of transmittal. Drawings required for conventional stock pumps, motors and all other manufactured equipment may be brochures or catalog sheets but must show all necessary dimensions required for proper installation, operation, and maintenance of the equipment.

The Engineer will, within four (4) weeks of submittal receipt, return two (2) of the copies of the drawings to the Contractor with any comments noted thereon. If so noted by the Engineer, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original resubmittal. The Contractor in the letter of transmittal accompanying resubmitted shop drawings shall direct specific attention to revisions other than the corrections requested by the Engineer on previous submittals.

The review by the Engineer is only of general conformance with the design concept of the project, and general compliance with the plans and specifications and shall not be construed as relieving the Contractor of the full responsibility for: providing materials, equipment, and work required by the contract; the proper fitting and construction of the work; the accuracy and construction processes and techniques of construction; and performing the work in a safe manner.

No portion of the work requiring a shop drawing submittal shall commence until the submittal has been reviewed by the Engineer and returned to the Contractor with a notation indicating that resubmittal is not required. Any commitment made by the Contractor to purchase unapproved items shall be the Contractor's sole responsibility.

If the Contractor believes that any shop drawing or communication relative thereto calls for changes in the work for which the contract amount or time for completion should be changed, the Contractor shall not proceed with the changes in the work so called for and shall promptly notify the Engineer in writing of the estimated changes in the contract amount and time for completion believed to be appropriate. No payment for changes in the work will be made and no change in the time for completion by reason of changes in the work will be made, unless the changes are

March 2010 Page 4 of 37 covered by a written change order approved by the Engineer in advance of the Contractor's proceeding with the changed work.

5-1.02C SHOP DRAWING SUBMITTALS

The following shop drawings shall be submitted:

1. Aggregate base

2. Asphalt concrete mixes (all types)

3. Bedding and backfill materials

4. Concrete Pavers

5. Concrete paver edge material

6. Certified as-built drawings****

7. Concrete mixes (all types)

8. Import fill material

9. Quality Control Program**

10. Schedule, phasing, and construction sequence plan**

11. SWPPP Erosion control plan**

12. Signs, each type

13. Sign fabrication and installation drawings

14. Coatings and color charts

15. Color samples

16. Sign material samples

17. Sign proofs

18. Site Video Tape and Photographic Record for work locations located near other improvements**

19. Traffic control plan **

5-1.02D MEASUREMENT AND PAYMENT

The Measurement and payment for shop drawing submittals shall be considered incidental and included as part of the various other item of work in the Bid Proposal and no separate payment will be made therefore, except that the initial submittal of items designated with ** shall be submitted as required for Mobilization Payment per Section 11.

Shop Drawings (as-builts) designated with **** will be paid at the lump sum bid price and shall include full compensation for furnishing all materials, labor, tools, and incidentals necessary to complete the work. Fifty percent (50%) of the bid amount will be paid at the first submittal of the as-builts or manuals and 50% when the as-builts have been accepted.

5-1.04 PRECEDENCE OF CONTRACT DOCUMENTS

The following paragraph is added to subsection 5-1.04 of the CSS:

5-1.04A PRECEDENCE OF CONTRACT DOCUMENTS

As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and plans to a large scale shall be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor shall apply to the Engineer for such further explanations as may be necessary, and shall conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications shall be of like effect as if shown or mentioned in both.

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If there is a conflict between Contract Documents the highest precedence shall control. The precedence shall be:

1. Permits from other agencies as may be required by law.

2. Special Provisions

3. Plans

4. Standard Plans

5. Standard Specifications

6. Reference Specifications

Change Orders, Supplemental Agreements, and approved revisions to Plans and Specifications will take precedence over Items 2) through 6) above. Detailed plans shall have precedence over general plans.

5-1.05 ORDER OF WORK

The following paragraphs are added to subsection 5-1.05 of the CSS:

5-1.05A WORK PHASING ROAD CLOSURES

Paving performed after October 15 may be considered temporary if it must be completed in weather that does not meet Section 39 of the specificaitons. All paving must be completed sufficient to provide a smooth surface and trasisitons for the winter season beginning November 7.

5-1.05B WORK SEQUENCE

The Contractor shall complete work for each phase in the following sequence:

1. Shop drawings and proofs for signs. Submittal, review and revision process.

2. Installation of signs in and around the Town Urban Growth Boundary

3. Installation of Interpretive Signs without sign panels (note: the interpretive message panels will be design in the summer 2010 an will not be completed until winter 2010/2011 when the image files will be available for the contractors use in constructing the interpretive panels)

4. Installation of Signs in Lakes Basin

5. Installation of interpretive sign panels

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5-1.07 LINES AND GRADE (SURVEYING)

Subsection 5-1.07, Lines and Grade, is deleted in its entirety and replaced by the following subsection:

5-1.07 SURVEY SERVICE

5-1.07A CONSTRUCTION STAKING

The Engineer will provide survey control points for each sign.

The Engineer will provide staking and layout including the flowing:

Provide stake and layout or paint on existing bike path or street with offset.

Provide bench mark location for each Type 2 and Type 7 Sign for paver elevation.

Clearing and Grubbing perimeter staking where required

The contractor shall establish horizontal and vertical control from the survey control points shown on the drawings and the reference points shown for each segment of work. The contractor must establish all layout required for the construction of work. The contractor shall furnish all lines, grades and measurements from the control points necessary for the proper prosecution and control of the work.

The contractor shall give weekly copies of the survey notes to the Engineer so that the Engineer may check them for accuracy and method of staking. All areas that are staked by the contractor must be checked by the Engineer prior to beginning any work in the area. Any error resulting in establishing grades and/or alignments that are not in accordance with the plans shall be corrected as soon as discovered and all construction not in accordance with the plans and specifications shall be replaced with no additional cost to the owner.

Path alignments may vary by up to 20 feet to avoid natural obstacles. Surveys shall be adjusted accordingly.

Construction Staking and Layout includes but is not limited to:

Rough Grade slope stakes at 100-foot stations Subgrade blue tops at 25-foot stations and 25-foot offset distance (max)

5-1.07B QUANTITY SURVEYS

(a) Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

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(b) The Contractor shall conduct the original and final surveys and surveys for any periods for which progress payments are requested. All these surveys shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance. The Government shall make such computations as are necessary to determine the quantities of work performed or finally in place. The Contractor shall make the computations based on the surveys for any periods for which progress payments are requested.

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all

5-1.07C SURVEY MEASUREMENT AND PAYMENT

Measurement and payment for survey and layout work shall be included in each of the bid items requiring surveying and considered incidental to the work no separate payment shall be made therefore. The lump sum or unit price made for each item shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved survey and layout necessary to construct the new facilities. Full compensation will be considered as included in any bid item requiring survey and no additional compensation will be allowed therefore.

5-1.08 INSPECTION

Section 5-1.08, "Inspection," of the Standard Specifications, is amended by adding the following after the third paragraph:

5-1.08A GENERAL

Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents shall be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non-reinforced concrete pipe; PVC sewer and water pipe; asphalt cement; and stripping and paint subject to sampling and testing as determined by the Engineer.

Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site.

All other equipment and material items shall be inspected and tested in accordance with the contract documents.

Full time inspection will not be available. The Contractor shall provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the Engineer. Any inspection required outside of normal working hours and days, including holidays, shall be at the Contractor's cost at rates established by the Town and may be deducted from any compensation owed the Contractor.

Specific inspections include the following:

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1. Approve subgrade

2. Grading operations

3. Post backfill

4. Reinforcing steel inspection

5. Concrete placement

6. Subgrade preparation

7. Paver operation

8. Approve forms prior to setting in place.

9. sign locations

5-1.08B INSPECTION OF MATERIALS NOT PRODUCED LOCALLY

Contractor purchased materials, fabricated items, and equipment produced at sources located more than 50 miles outside the corporate limits of Town, and which are specified to be inspected in the contract documents, will be inspected by independent inspectors or testing laboratories (approved by the Town) paid for by Contractor. If any item inspected fails to meet the specified criteria, Contractor shall pay all costs for reinspection, and such costs may be deducted from payments due to Contractor.

5-1.14 COST REDUCTION INCENTIVE

The following is added to subsection 5-1.14, Cost Reduction Incentive:

Simple reduction or elimination of work under the contract shall not be considered a cost reduction.

SECTION 5-2. MISCELLANEOUS REQUIREMENTS

5-2.01 ADJUSTMENT OF CONTRACT BID ITEMS AND SUPPLEMENTAL WORK

An item “Supplemental Work” with an estimated cost fixed by the Engineer, has been included in the contract to cover modifications to the work necessitated by field conditions. The amount of expenditure under this item may vary from zero to the total amount of the item. This amount may constitute the sum of several modifications. The Engineer will notify the Contractor in writing when a portion of the work being performed will be paid for under this item.

SECTION 5-3 MISCELLANEOUS WORK ITEMS

SECTION 5-3.01 VIDEO DOCUMENTATION

5-3.01 GENERAL

A minimum of one (1) week prior to start of construction, the Contractor shall have video taken where construction is to take place adjacent to improved facilities other than a bike path. These videos shall be narrated and shall serve as a record of existing conditions for disputes arising from restoration, and should therefore be taken along the line of construction and site access and staging areas at sufficient detail and in color as necessary to clearly depict details of existing conditions. The video shall be recorded on standard VHS cassette type tapes or digital video disk media. All videos shall be indexed and catalogued in such a manner that each photographed area is readily identifiable, and shall also indicate the date and time (hour, minutes, and seconds) on which the video was made. The Contractor shall also have video taken of any unusual

March 2010 Page 9 of 37 conditions encountered during construction that are not already a matter of photographic record.

In any areas where existing conditions cannot be determined by means of video, the area shall be restored as approved by the Engineer at Contractor’s expense. All video shall become the property of Town.

Video records/documentation shall be provided to the Engineer before any construction commences.

5-3.01.1 MEASUREMENT AND PAYMENT FOR VIDEO

Measurement and payment for video documentation shall be included in the contract lump sum price for the first year mobilization.

SECTION 5-3.02.1 STORM WATER POLLUTION PREVENTION PLAN

5-3.02.2 SCOPE

This contrat will have limited ground disurbance but provisions shall be made by the contractor to protect ersion into waterways and stormdrains near work aeas. A NOI for this contract is not crequired. Straw rolls are the prefered protection devise for ersion control and siltaion control for wirj area oerunter on steep slopes or near natural or man made draiange courses.

This item shall consist of preparation, implementation, and compliance with a storm water pollution prevention plan (SWPPP) for the project. Water pollution control work shall conform to the provisions in Section 7-1.01G, "Water Pollution," of the Standard Specifications and these special provisions.

This project lies within the boundaries of the Lahontan Regional Water Quality Control Board and shall conform to the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit for General Construction Activities No. CAS000002, Order No, 99-08-DWQ, and utilize the Town of Mammoth Lakes MOU Resolution No. 6-91-926 issued by the State Water Resources Control Board. These permits, hereafter referred to as the "Permits," regulate storm water discharges associated with construction activities.

Water pollution control work shall conform to the requirements in the "Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual" and the "Construction Site Best Management Practices (BMPs) Manual," and addenda thereto issued up to, and including, the date of advertisement of the project, hereafter referred to respectively as the "Preparation Manual" and the "Construction Site BMP Manual" and collectively as the "Manuals." Copies of the Manuals and the Permits may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520. Copies of the Manuals may also be obtained from the Department's Internet Web Site at:

http://www.dot.ca.gov/hq/construc/stormwater.html.

The plan may also utilize the practices recommended in the California Stormwater Best Management Practices Construction Handbook dated March 1993, available from Blue Print Service (BPS), 1700 Jefferson Street, Oakland, CA 94612, telephone (510) 444-6771, Fax (510) 444-1262.

The Contractor shall know and fully comply with the applicable provisions of the Manuals, Permits, and Federal, State, and local regulations that govern the Contractor's operations and storm water discharges from both the project site and areas of disturbance outside the project limits during construction. The Contractor shall maintain copies of the Permits at the project site and shall make the Permits available during construction.

Unless arrangements for disturbance or use of areas outside the project limits are made by the Town and made part of the contract, it is expressly agreed that the Town assumes no responsibility for the Contractor or property owner with respect to any arrangements made between the Contractor and property owner. The Contractor shall implement, inspect and maintain all necessary water pollution control practices to satisfy all applicable Federal, State, and Local laws and regulations that govern water quality for areas used outside of the

March 2010 Page 10 of 37 street right-of-way or areas arranged for the specific use of the Contractor for this project. Installing, inspecting, and maintaining water pollution control practices on areas outside the Street right-of-way not specifically arranged for and provided for by the Town for the execution of this contract will not be paid for.

The Contractor shall be responsible for the costs and for liabilities imposed by law as a result of the Contractor's failure to comply with the provisions set forth in this section, including but not limited to, compliance with the applicable provisions of the Manuals, Permits and Federal, State and local regulations.

Costs and liabilities include, but are not limited to, fines, penalties, and damages whether assessed against the Town or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act.

In addition to the remedies authorized by law, money due the Contractor under the contract, in an amount determined by the Town, may be retained by the State of California until disposition has been made of the costs and liabilities.

When a regulatory agency or other third party identifies a failure to comply with the permit or any other local, State, or federal requirement, the Engineer may retain money due the Contractor, subject to the following:

A. The Town will give the Contractor 30 days notice of the Town's intention to retain funds from partial payments, which may become due to the Contractor prior to acceptance of the contract. Retention of funds from payments made after acceptance of the contract may be made without prior notice to the Contractor.

B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06, "Partial Payments," of the Standard Specifications.

C. If the Town has retained funds and it is subsequently determined that the State is not subject to the costs and liabilities in connection with the matter for which the retention was made, the Town shall be liable for interest on the amount retained for the period of the retention, and the rate of interest payable shall be 6 percent per annum.

Conformance with the provisions of this section (Storm Water Pollution Prevention Plan) shall not relieve the Contractor from the Contractor's responsibilities, as provided in Section 7, "Legal Relations and Responsibilities," of the Standard Specifications.

The Contractor shall notify the Engineer immediately upon request from the regulatory agencies to enter, inspect, sample, monitor or otherwise access the project site or the Contractor's records pertaining to water pollution control work.

5-3.02.3 SWPPP PLAN PREPARATION, APPROVAL AND AMENDMENTS

As part of the water pollution control work, a Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP," is required for this contract. The SWPPP shall conform to the provisions in Section 7-1.01G, "Water Pollution," of the Standard Specifications, the requirements in the Manuals, the requirements of the Permits, and these special provisions. Upon the Engineer's approval of the SWPPP, the SWPPP shall be considered to fulfill the provisions in Section 7-1.01G, "Water Pollution," of the Standard Specifications for development and submittal of a Water Pollution Control Program.

No work having potential to cause water pollution, as determined by the Engineer, shall be performed until the SWPPP has been approved by the Engineer.

The Contractor shall designate a Water Pollution Control Manager. The Water Pollution Control Manager shall be responsible for the preparation of the SWPPP and any required modifications or amendments and shall be responsible for the implementation and adequate functioning of the various water pollution control practices employed. The Water Pollution Control Manager shall serve as the primary contact for all issues related to the SWPPP or its implementation. The Contractor shall submit to the Engineer a statement of qualifications, describing the training, previous work history and expertise of the individual selected by the Contractor to serve

March 2010 Page 11 of 37 as Water Pollution Control Manager. The Engineer will reject the Contractor’s submission of a Water Pollution Control Manager if the submitted qualifications are deemed to be inadequate.

Within 15 days after the approval of the contract, the Contractor shall submit three (3) copies of the draft SWPPP to the Engineer. The Engineer will have 10 days to review the SWPPP. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 10 days of receipt of the Engineer's comments. The Engineer will have 7 days to review the revisions. Upon the Engineer's approval of the SWPPPfour (4) copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. .From time to time the Lahanton Regional Water Qualtiy Control Board by make a site inspection and review the field copy of the SWPPP and require revisions. The Contractor shall make such revisions and incorporte changes neccessoary to compy fully with the General Permit.

The SWPPP shall apply to all areas that are directly related to construction including, but not limited to, staging areas, storage yards, material borrow areas, and access roads within or outside of the highway right-of-way.

The SWPPP shall incorporate water pollution control practices in the following six categories:

A. Soil stabilization;

B. Sediment control;

C. Wind erosion control;

D. Tracking control;

E. Non-storm water control; and F. Waste management and material pollution control.

The Contractor shall develop a Water Pollution Control Schedule that shall describe the timing of grading or other work activities that could affect water pollution. The Water Pollution Control Schedule shall be updated by the Contractor to reflect any changes in the Contractor's operations that would affect the necessary implementation of water pollution control practices.

The Contractor shall incorporate the "Minimum Requirements" presented in the Preparation Manual into the SWPPP. In addition to the "Minimum Requirements" presented in the Preparation Manual, the Contractor shall complete the BMP Consideration Checklist presented in the Preparation Manual. The Contractor shall identify and incorporate into the SWPPP the water pollution control practices selected by the Contractor or as directed by the Engineer.

The SWPPP shall include, but not be limited to, the items described in the Manuals, Permits and related information contained in the contract documents. In addition the SWPPP shall include a copy of the following:

Notification of Construction and agreement regarding proposed activities subject to California Fish and Game Code Section 1601, US Army Corps 404, and LRWQCB 401 permits.

The Contractor shall prepare an amendment to the SWPPP when there is a change in construction activities or operations which may affect the discharge of pollutants to surface waters, ground waters, municipal storm drain systems, or when the Contractor's activities or operations violate any condition of the Permits, or when directed by the Engineer. Amendments shall show additional water pollution control practices or revised operations, including those areas or operations not shown in the initially approved SWPPP. Amendments to the SWPPP shall be prepared, and submitted for review and approval in the same manner as specified for the SWPPP approval. Subsequent amendments shall be submitted within a time approved by the Engineer, but in no case longer than the time specified for the initial submittal and review of the SWPPP.

The Contractor shall keep one copy of the approved SWPPP and approved amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, United States Environmental Protection Agency or the local storm water management agency. Requests by the public shall be directed to the Engineer.

March 2010 Page 12 of 37

5-3.02.4 COST BREAK-DOWN

The Contractor shall submit to the Engineer a cost break-down for the contract lump sum item of water pollution control, together with the SWPPP.

The cost break-down shall be completed and furnished in the format shown in the example of the cost break-down included in this section. Unit descriptions and quantities shall be designated by the Contractor, except for the specified special requirements shown in the example. The units and quantities given in the example, if provided, are special requirements specified for the SWPPP, and shall be included in the cost break-down furnished to the Engineer. The Contractor shall verify the estimated quantities of the special requirements and submit revised quantities in the cost break-down.

The Contractor shall determine the quantities required to complete the work of water pollution control. The quantities and their values shall be included in the cost break-down submitted to the Engineer for approval.

The Contractor shall be responsible for the accuracy of the quantities and values used in the cost break-down submitted for approval. The cost break-down shall not include water pollution control practices which are shown on the plans and for which there is a separate contract item.

The sum of the amounts for the units of work listed in the cost break-down shall be equal to the contract lump sum price bid for water pollution control. Overhead and profit shall be included in each individual unit listed in the cost break-down. The cost break-down shall be submitted and approved within the same times specified for the SWPPP. Partial payment for the item of water pollution control will not be made until the cost break-down is approved, in writing, by the Engineer.

No adjustment in compensation will be made in the contract lump sum price paid for water pollution control due to differences between the quantities shown in the approved cost break-down and the quantities required to complete the work as shown on the approved SWPPP. No adjustment in compensation will be made for ordered changes to correct SWPPP work resulting from the Contractor's own operations or from the Contractor's negligence.

The plan shall also inlcude winterizaiton for winter suspensions if any are planned for the project.

The approved cost break-down will be used to determine partial payments during the progress of the work and as the basis for calculating the adjustment in compensation for the item of water pollution control due to increases or decreases of quantities ordered by the Engineer.

If requested by the Contractor and approved by the Engineer, changes to the water pollution control practices listed in the approved cost break-down, including the addition of new water pollution control practices, will be allowed. The changes shall be included in an approved amendment to the SWPPP.

WATER POLLUTION CONTROL COST BREAK-DOWN

Contract No. __________

UNIT DESCRIPTION

UNIT

APPROXIMATE

QUANTITY

VALUE

AMOUNT

TOTAL ____________________

5-3.02.5 SWPPP IMPLEMENTATION

March 2010 Page 13 of 37

Upon approval of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, maintaining, removing and disposing of the water pollution control practices included in the SWPPP and any amendments. Unless otherwise directed by the Engineer, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions in Section 8-1.05, "Temporary Suspension of Work," of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal, and disposal of water pollution control practices are specified in the Manuals and these special provisions.

If the Contractor or the Engineer identifies a deficiency in any aspect of the implementation of the approved SWPPP or amendments, the deficiency shall be corrected immediately. The deficiency may be corrected at a later date and time if requested by the Contractor and approved by the Engineer in writing, but not later than the onset of precipitation. If the Contractor fails to correct the identified deficiency by the date agreed or prior to the onset of precipitation the project shall be in noncompliance. Attention is directed to Section 5-1.01, "Authority of the Engineer," of the Standard Specifications and the payment sections of these special provisions for possible noncompliance penalties.

If the Contractor fails to conform to the provisions of the SWPPP the Engineer may order the suspension of construction operations which create water pollution.

Implementation of water pollution control practices may vary by season. The Construction Site BMP Manual and these special provisions shall be followed for control practice selection of year round, rainy season and non-rainy season water pollution control practices.

Year-Round Implementation Requirements:

The Contractor shall have a year-round program for implementing, inspecting and maintaining water pollution control practices for wind erosion control, tracking control, non-storm water control, and waste management and materials pollution control.

The National Weather Service weather forecast shall be monitored and used by the Contractor on a daily basis. An alternative weather forecast proposed by the Contractor may be used if approved by the Engineer. If precipitation is predicted, the necessary water pollution control practices shall be deployed prior to the onset of the precipitation.

Disturbed soil areas shall be considered active whenever the soil disturbing activities have occurred, continue to occur or will occur during the ensuing 21 days. Non-active areas shall be protected as prescribed in the Construction Site BMP Manual within 14 days of cessation of soil disturbing activities or prior to the onset of precipitation, whichever occurs first.

In order to provide effective erosion control the Contractor may be directed to apply permanent erosion control in small or multiple units as disturbed soil areas are deemed substantially complete by the Engineer. Permanent ersion control will be paid at the contract unit price shown on the Bid Form.

Rainy Season Requirements:

Soil stabilization and sediment control practices conforming to the requirements in the Special Requirements and applicable Preparation Manual Minimum Requirements, shall be provided throughout the rainy season, defined as between July 1 and April 15.

An implementation schedule of required soil stabilization and sediment control practices for disturbed soil areas shall be completed not later than 20 days prior to the beginning of each rainy season. The implementation schedule shall identify the soil stabilization and sediment control practices to be implemented and the dates on which the implementation will be 25 percent, 50 percent and 100 percent complete, respectively. Construction activities beginning during the rainy season shall implement applicable soil stabilization and sediment control practices.

Throughout the defined rainy season, the active disturbed soil area of the project site shall be not more than 2,000 feet of project length. The Engineer may approve, on a case-by-case basis, expansions of the active disturbed soil area limit. Soil stabilization and sediment control materials shall be maintained on site sufficient to protect the unprotected disturbed soil area. A detailed

March 2010 Page 14 of 37 plan for the mobilization of sufficient labor and equipment shall be maintained to deploy the water pollution control practices required to protect the project site prior to the onset of precipitation events.

Non-Rainy Season Requirements:

The non-rainy season shall be defined as all days outside the defined rainy season. The contractor’s attention is directed to the Construction Site BMP Manual for soil stabilization and sediment control implementation requirements on disturbed soil areas during the non-rainy season. Disturbed soil areas within the project shall be protected in conformance with the requirements in the Construction Site BMP Manual with an effective combination of soil stabilization and sediment control.

Project Winterization:

During periods when the project is shut down for the winter due to snow and or freezing weather the project shall be winterized to protect all disturbed areas to protect against erosion for the winter season and the spring thaw and shall be part of the SWPPP. Materials may include but not be limited to covering all disturbed areas with jute, straw, or other materials. The plan shall consider the Town’s snow removal operation and have no impact on removal of snow from streets and sidewalks or blocking drainage inlets.

5-3.02.6 MAINTENANCE

The contractor shall have sufficient materials on site so that the site can be protected for erosion and storm run-off sedimentation control within 24-hours of a possible thundershower or eminent winter storm.

To ensure the proper implementation and functioning of water pollution control practices, the Contractor shall regularly inspect and maintain the construction site for the water pollution control practices identified in the SWPPP. The construction site shall be inspected by the Contractor as follows:

Prior to a forecast storm or thunder storms of 30% chance or more;

After a precipitation event which causes site runoff;

At 24 hour intervals during extended precipitation events;

Routinely, a minimum of once every two weeks outside of the defined rainy season;

Routinely, a minimum of once every week during the defined rainy season.

The Contractor shall use the Storm Water Quality Construction Site Inspection Checklist provided in the Preparation Manual or an alternative inspection checklist provided by the Engineer. One copy of each site inspection record shall be submitted to the Engineer within 24 hours of completing the inspection.

5-3.02.7 REPORTING REQUIREMENTS

Report of Discharges, Notices or Orders

If the Contractor identifies any discharge into receiving waters in a manner causing, or potentially causing, a condition of pollution, or if the project receives a written notice or order from any regulatory agency, the Contractor shall immediately inform the Engineer. The Contractor shall submit a written report to the Engineer within 7 days of the discharge event, notice, or order. The report shall include the following information:

The date, time, location, nature of the operation, and type of discharge, including the cause or nature of the notice or order.

The water pollution control practices deployed before the discharge event, or prior to receiving the notice or order.

The date of deployment and type of water pollution control practices deployed after the discharge event, or after receiving the notice, or order, including additional measures installed or planned to reduce or prevent reoccurrence.

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An implementation and maintenance schedule for any affected water pollution control practices.

Report of First-Time Non-Storm Water Discharge:

The Contractor shall notify the Engineer at least 3 days in advance of each first-time non-storm water discharge event, excluding exempted discharges. The Contractor shall notify the Engineer of each different operation causing a non-storm water discharge and shall obtain field approval for each first-time non-storm water discharge. Non-storm water discharges shall be monitored at each first-time occurrence and routinely thereafter.

Annual Certifications:

By June 15 of each year, the Contractor shall complete and submit an Annual Construction Activity Certification as contained in the Preparation Manual to the Engineer.

5-3.02.8 MEASUREMENT AND PAYMENT

The contract lump sum price paid for “Prepare Storm Water Pollution Prevention Plan” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in developing, preparing, obtaining approval of, revising, and amending the SWPPP, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Attention is directed to Section 9-1.06, "Partial Payments," and Section 9-1.07, "Payment After Acceptance," of the Standard Specifications. Payments for “prepare storm water pollution prevention plan” will be made as follows:

A. After the SWPPP has been approved by the Engineer, 75 percent of the contract item price for

“Prepare Storm Water Pollution Prevention Plan” will be included in the monthly partial payment estimate (from the lump sum breakdouwn provided); and

B. After acceptance of the contract in conformance with the provisions in Section 7-1.17, "Acceptance of Contract," of the Standard Specifications, payment for the remaining 25 percent of the contract item price for “Prepare Storm Water Pollution Prevention Plan” (from the lump sum breakdown provided) will be made in conformance with the provisions in Section 9-1.07.

The contract lump sum price paid for “Water Pollution Control” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing, constructing, removing, and disposing of water pollution control practices, including non-storm water and waste management and materials pollution water pollution control practices except those shown on the plans and for which there is a contract item of work, and excluding developing, preparing, obtaining approval of, revising, and amending the SWPPP as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Full compensation for maintenance costs of water pollution control practices as specified in these special provisions, shall be considered as included in the contract lump sum price paid for “Water Pollution Control” and no additional compensation will be allowed therefor.

Those water pollution control practices which are shown on the approved SWPPP and for which there is a contract item of work will be measured and paid for as that contract item of work.

The Engineer will retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the Contractor fails to conform to the provisions of this section (Stormwater Pollution Prevention Plan), as determined by the Engineer.