Chalk Bluffs Rock Slide Mitigation Specifications.docx

CHALK BLUFFS ROCK SLIDE MITIGATION SPECIFICATIONS

CONTRACT INFORMATION

SPECIFICATIONS FOR WORK:

Provide all labor, materials, equipment, and incidentals necessary to conduct approximately 270 man hours of scaling over an approximate area of 9,000 square feet above 230 linear feet of roadway (See figures 3 through 6). Remove the approximately 1,500 cubic yards of scaled material and material that is already present in the ditch and on the road. Reestablish the ditch (approximately 350 linear feet) as shown in figure 9. Contractor is required not to undermine the rock face by digging beyond the contact between the in-place rock formation and the adjacent loose material that has accumulated from erosion of the slope above. The contractor shall haul materials to the Yankee Jim/Tom Miner Pit and stockpile area, approximately 8 miles to the south of the site on US-89 at MP 16.5. MDT Maintenance will place concrete barrier rail along the outboard fog lines, which will minimize the risk of rock reaching the river or damaging utilities; however, the contractor is required to provide extra protection if necessary. It is expected that an effort will be made to keep rocks from reaching the adjacent Yellowstone River or damaging the power poles or phone line. It is required that the successful bidder is a prequalified Contractorer for the scaling portion of the project. The Contractor is responsible for the reclamation per the landowner agreement.

Clean all Contractor equipment and vehicles prior to their transport into the project area.

Replace or restore any damaged property to its original condition.

The rocks being removed from the road and cliff have the potential for significant paleontological material and will be inspected at the stockpile location.

The specifications also include the Scope of Work (SOW) requirements in the bid package.

STOCKPILE REQUIREMENTS.

Rocks removed as part of the project will all be stockpiled at the designated location adjacent to MDT Hwy US 89S at RP16.5.

When rock removal and stockpiling operations begin email and call the MDT archaeologist Laura Evilsizer at 406-444-0455 and levilsizer@mt.gov to provide a schedule update and allow for coordination with interested paleontologists and the landowner, Matt Ferstler at 713-553-3880 and mferstler@gmail.com.

After all rocks have been moved to the stockpile, the MDT archaeologist, landowner and interested paleontologists must be allowed access to the stockpile for inspection. No Specimens will be removed during the paleontological inspection. The landowner reserves the right to retain any found specimens. No rocks can be removed from the stockpile until this inspection has occurred. The MDT archaeologist will reply in email when the inspection is complete. This reply will also provide a summary of the paleontological on-site visit and be sent to matt@oldsaloonmt.com.

All work shall be in accordance with the Department’s book entitled “Standard Specifications for Road and Bridge Construction”, 2025 edition or as amended by current supplemental specifications.

The Contractor shall not work on Sundays or legal holidays observed by the state unless specifically approved in writing by the Maintenance Chief. Requests must be made in writing and received by the Department’s Project Manager by noon of the preceding Wednesday.

**Are there any ADA requirements associated with this project? |_| Yes |_| No

**Traffic Control provided by Contractor? |_| Yes |_| No

**Contractor will remove and dispose of existing guardrail? |_| Yes |_| No

**Is this, or any part of this project on a reservation? |_| Yes |_| No

DESIGNATED CONTRACT DATE:

WORK IS REQUIRED TO BE COMPLETED ON OR BEFORE: AUGUST 30, 2025

QUANTITY WORKSHEET

Measure Quantity

Slope Mitigation to include scaling and debris removal from roadway

NOTE: Quantities are estimated. The above Quantity Worksheet is for informational purposes only. Bids are required to be submitted through eMACS on the Items tab. Bids not submitted on the eMACS Items tab will be disqualified.

ENVIRONMENTAL SPECIAL PROVISIONS

1.1. ENVIRONMENTAL SPECIFICATIONS [208]

1. Aquatic Resource Protection Subsection 208.03.2

2. Working in Bear Habitat Subsection 208.03.4E

1.2. GRIZZLY BEAR – ENDANGERED SPECIES ACT

A. Description. This project is located within grizzly bear habitat. Comply with this provision to minimize impacts to the grizzly bear, which is a federally listed species under the Endangered Species Act. Not following the conditions set forth in this special provision may result in a violation of the Endangered Species Act.

B. Requirements.

1) Follow the requirements of Subsection 208.03.4(E) for all project activities.

2) Notify the Project Manager of any animal carcasses found in the area. The Project Manager will contact MDT Maintenance to promptly remove and dispose of carcasses.

3) Notify the Project Manager of any bears observed in the vicinity of the project. The Project Manager will promptly inform the MDT District Biologist of bear observations.

4) No work will occur between 9:00 PM and 6:00 AM for the entirety of the construction season. Nighttime traffic control is not subject to this restriction.

5) Locate staging areas in existing cleared/developed areas to the maximum extent practicable.

6) Conduct project-related activities outside of construction limits in accordance with the requirements above and Subsection 208.03.4(E).

C. Measurement and Basis of Payment. Requirements in this provision are not measured for payment.

1.3. BALD EAGLE PROTECTION – BALD AND GOLDEN EAGLE PROTECTION ACT

Environmental to provide following USFWS consultation

1.4. MIGRATORY BIRD TREATY ACT

Environmental to provide following USFWS consultation.

1.5. ENVIRONMENTAL PALENTOLOGICAL INSPECTION OF REMOVED MATERIAL

A. Description. The rocks being removed from the road and cliff have the potential for significant paleontological material and will be inspected at the stockpile location.

B. Stockpile Requirements.

1) Rocks removed as part of the project will all be stockpiled at the designated location adjacent to MDT Hwy US 89S at RP16.5.

2) When rock removal and stockpiling operations begin email and call the MDT archaeologist Laura Evilsizer at (406) 444-0455 and levilsizer@mt.gov to provide a schedule update and allow for coordination with interested paleontologists and the landowner, Matt Ferstler at (713) 553-3880 and mferstler@gmail.com.

3) After all rocks have been moved to the stockpile, the MDT archaeologist, landowner and interested paleontologists must be allowed access to the stockpile for inspection. No Specimens will be removed during the paleontological inspection. The landowner reserves the right to retain any found specimens. No rocks can be removed from the stockpile until this inspection has occurred. The MDT archaeologist will reply in email when the inspection is complete. This reply will also provide a summary of the paleontological on-site visit and be sent to matt@oldsaloonmt.com.

C. Measurement and Basis for Payment. Work described in this provision is not measured for payment. Consider all costs associated with this provision incidental to performance of the work. Include the cost in the cost of other items.

1.6. PROTECTION OF STORM WATER DRAINAGE SYSTEM AND COMPLIANCE WITH LOCAL PERMIT REQUIREMENTS [208] (REVISED 11-14-24M)

This project is located within an area designated by the Montana Department of Environmental Quality (DEQ) as a regulated MS4. Contact the City of Missoula Public Works, 1345 W Broadway, Missoula, MT 59802, phone 406-552-6089 and Missoula County Public Works, 301 W Alder - 2nd Floor, Missoula, MT 59802, phone 406-258-4818 to determine if additional requirements are in place for construction storm water discharges that would affect this project.

Review Subsection 208.03.1(C) for more information.

1.6.1. Storm Water Permitting Requirements under the Montana Pollutant Discharge Elimination System (MPDES) [208] (Revised 8-10-23)

A. Description. The DEQ regulates storm water discharges under the MPDES program. If the bid package contains blank erosion control plans, a construction storm water discharge permit authorization will be required. If not, a storm water discharge permit authorization may be required for this project depending on Contractor’s operations. Sum the disturbance area (as defined by DEQ) identified in the contract with the area of disturbance caused by contractor operations to determine if the permit acreage threshold is exceeded. Contractor operations can include, but are not limited to, the following support activities: staging areas, access roads, material storage areas, temporary concrete, or asphalt batch plants, borrow areas, areas used for fill placement, etc. If the summed disturbance area is one acre or more, use the DEQ authorization to discharge under the MPDES General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) for this project. In order to facilitate permit transfer, separate NOI packages are required for areas within the right-of-way and areas outside of the right-of-way. A NOI package includes a Notice of Intent, with a topographic map, a SWPPP, the erosion control plans, sage grouse consultation letter, if applicable, and supporting documentation.

Blank Erosion Control Plans, and a topographic map, are provided with the plans if the plans include greater than 1 acre of disturbance. Complete the erosion control plans as required by the general permit. Complete the SWPPP using DEQ’s most current SWPPP Form.

B. Materials. Follow the requirements described in the Department’s Erosion and Sediment Control Best Management Practices Manual (December 2016). Rescind Section 208 detailed drawings. Submit to the Project Manager for review and acceptance BMPs proposed for use that are not included in the Manual.

C. Construction Requirements.

1. MPDES Permit Required.

a) Submit one NOI package and the associated fees to DEQ for ground disturbance areas shown in the plans or within the right-of-way. For ground disturbance areas shown in the plans and any other areas within the right-of-way where Contractor activities causing ground disturbance are planned, the Contractor is the sole permittee until construction is complete and the General Permit is transferred to the Department or another entity.

The Department is not responsible for delays caused by incomplete or inaccurate submittals by the Contractor.

Comply with the requirements of the General Permit and implement the SWPPP. Provide an electronic copy of the NOI Package submitted to DEQ and confirmation for receipt of a complete NOI Package from DEQ to the Project Manager prior to conducting any ground disturbance activities.

Do not begin construction activities until the required copy of the NOI Package submitted to DEQ and confirmation for receipt of a complete NOI Package from DEQ is received by the Project Manager.

b) Furnish and install public signage as required by the General Permit. Include the cost of the required sign(s) in the Temporary Erosion Control Lump Sum bid item. Submit a separate NOI package and the associated fees to DEQ for ground disturbance and support activity areas outside the right-of-way and not shown in the plans. Contractor furnished material sources, staging areas, plant sites, or any other Contractor caused ground disturbance outside the right-of-way and not shown in the plans, are the Contractor's responsibility and must be submitted under a separate NOI package from the ground disturbance within the right-of-way. For all support activities outside the right-of-way which are not part of a larger commercial operation serving multiple unrelated construction activities and will not continue operation beyond the completion of the contracted road construction activity, a notice of intent package must be submitted to DEQ to obtain an authorization under the General Permit. Sand and gravel borrow area operations, gravel pits, and/or concrete batch plants that will continue operation beyond the completion of the contracted road project, are part of a larger commercial operation, or serving multiple unrelated construction activities, must obtain permit coverage under the Multi-Sector General Permit for Storm Water Discharges Associated with Industrial Activity (MSGP) regardless of acreage size of the activity if the activity does not already have MSGP authorization. The Contractor is the sole permittee until stabilization is complete and the General Permit is terminated or transferred to another entity. The Department is not responsible for delays caused by incomplete or inaccurate submittals to DEQ by the Contractor.

Provide copies of all NOI Packages submitted to DEQ and confirmations for receipt of complete NOI Packages from DEQ to the Project Manager prior to conducting any ground disturbance activities.

Be responsible for all temporary erosion, sediment, and pollution prevention controls for Contractor furnished material sources, staging areas, plant sites, or any other Contractor caused ground disturbance outside the right-of-way and not shown in the plans.

c) Complete and document all inspections in accordance with the requirements of the General Permit. Use DEQ’s most current self-inspection form available online at: https://deq.mt.gov/files/Water/WQInfo/Documents/WPBForms/2023-Attachment-B-MTR100000.pdf. Provide a copy of all inspection reports to the Project Manager within 7 calendar days of the inspection.

Report potential noncompliance in accordance with applicable regulations, guidance, and permit conditions. Submit to the Project Manager within 7 calendar days of sending or receiving all correspondence to or from regulatory agencies regarding potential noncompliance or violations.

The temporary erosion and sediment control measures and devices to prevent pollution and control sediment transport and soil erosion will be inspected as part of the final inspection to ensure they are maintained and functioning properly. Do not transfer or terminate the General Permit coverage until the BMPs are inspected and accepted and all records required under the permit, including inspection and monitoring reports, are furnished to the Project Manager and authorization is received from the Department. The Department may require that certain BMPs be replaced by another type of BMP as a condition of permit transfer.

Upon approval of site conditions, measures, devices and all pertinent records, the Department will notify the Contractor to begin the Permit Transfer Notification in DEQ FACTS. Once completed, provide verification that all fees have been paid and the permit is ready for transfer in DEQ FACTS. The Department is not liable for the completeness or accuracy of Contractor records completed prior to the permit transfer. Ensure permit conditions and responsibilities are met until confirmation of the transfer is received from DEQ. Defend and hold the Department harmless from any violations, claims, enforcement actions, penalties or fines issued for Contractor activities or recordkeeping that occurred prior to the transfer of the General Permit.

If the Department concurs that final stabilization has been met during the final walk-through, the Contractor may submit a Notice of Termination form to DEQ. Pay the annual fee invoice due at the time of termination. Submit the annual fee invoice to the Project Manager for reimbursement.

2. MPDES Permit not Required.

The BMP-Administration item is included in contracts that may not meet either criteria for an MPDES permit but include ground disturbing activities. Complete BMP inspections and install BMPs, if necessary, in accordance with Section 208, if no storm water permit is required. Utilize form MDT-ENV-014, Water Pollution Control Inspection Report. A certified SWPPP Administrator is not required to conduct the inspections if no permit is required.

D. Method of Measurement.

DEQ MPDES fees and monitoring costs associated with obtaining and maintaining the General Permit for ground disturbance areas both within and outside the right-of-way are not measured separately for payment.

If no permit is necessary, include the cost of all erosion control, devices, and inspections in the BMP-Administration bid item.

E. Basis of Payment.

No additional payment will be made for the DEQ MPDES fees and monitoring costs associated with the General Permit. Include these costs in the Temporary Erosion Control-Lump Sum bid item.

For project including the BMP-Administration item, include the cost of all erosion control, devices, and inspections in the BMP-Administration bid item. Partial payment for the BMP-Administration will be monthly based on the lump sum contract price in accordance with Table 208-2 in Subsection 208.05.1.

Payment for BMPs required by an event or extra work, and approved by the Project Manager, will be measured and paid for in accordance with the Erosion Control Rate Schedule contained in the contract at a unit price of $1.00 per unit.

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REVISED: 823/04