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20-0721_C.S. LEGACY CONSTRUCTION, INC._Specification Ramos Parking Lot CIP 20204<Month><Year> 61147.02100\20950242.5 -i- Table of Contents TABLE OF CONTENTS Page 00 11 16 – NOTICE INVITING BIDS ........................................................................................... 5 00 21 13 – INSTRUCTIONS TO BIDDERS ................................................................................. 8 ARTICLE 1. SECURING DOCUMENTS ............................................................................. 8 ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS ............................ 8 ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS .............................. 8 ARTICLE 4. PRE-BID CONFERENCE ............................................................................... 9 ARTICLE 5. ADDENDA ...................................................................................................... 9 ARTICLE 6. ALTERNATE BIDS ......................................................................................... 9 ARTICLE 7. COMPLETION OF BID FORMS ..................................................................... 9 ARTICLE 8. MODIFICATIONS OF BIDS ............................................................................ 9 ARTICLE 9. SUBCONTRACTORS ................................................................................... 10 ARTICLE 10. LICENSING REQUIREMENTS ................................................................... 10 ARTICLE 11. BID GUARANTEE (BOND) ......................................................................... 10 ARTICLE 12. IRAN CONTRACTING ACT OF 2010 ......................................................... 10 ARTICLE 13. NONCOLLUSION DECLARATION ............................................................. 11 ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ..................................................................................................... 11 ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM ................................. 11 ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION ....................................... 11 ARTICLE 17. SIGNING OF BIDS ..................................................................................... 11 ARTICLE 18. SUBMISSION OF SEALED BIDS ............................................................... 12 ARTICLE 19. OPENING OF BIDS .................................................................................... 12 ARTICLE 20. WITHDRAWAL OF BID ............................................................................... 13 ARTICLE 21. BIDDERS INTERESTED IN MORE THAN ONE BID .................................. 13 ARTICLE 22. SUBSTITUTION OF SECURITY ................................................................. 13 ARTICLE 23. PREVAILING WAGES ................................................................................ 13 ARTICLE 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 13 ARTICLE 25. INSURANCE REQUIREMENTS ................................................................. 14 ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS .................................................................................................... 14 ARTICLE 27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES ............................................................................................ 14 ARTICLE 28. PERMIT AND INSPECTION FEE ALLOWANCE ........................................ 14 ARTICLE 29. FILING OF BID PROTESTS ....................................................................... 14 ARTICLE 30. BASIS OF AWARD; BALANCED BID ......................................................... 15 TABLE OF CONTENTS (Continued) Page 61147.02100\20950242.5 -ii- 00 11 16 – NOTICE INVITING BIDS ARTICLE 31. AWARD PROCESS .................................................................................... 15 ARTICLE 32. EXECUTION OF CONTRACT .................................................................... 15 ARTICLE 33. QUESTIONS ............................................................................................... 15 00 41 43 – BID FORMS ............................................................................................................ 16 ARTICLE 1. INFORMATION ABOUT BIDDER ................................................................. 28 ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG) .............................................. 31 ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS ....................... 32 ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE ................................................................................................... 33 ARTICLE 5. VERIFICATION AND EXECUTION ............................................................... 34 00 52 13 – CONTRACT ............................................................................................................ 39 00 61 13 – BOND FORMS ........................................................................................................ 43 00 72 13 – GENERAL CONDITIONS ........................................................................................ 52 ARTICLE 1. DEFINED TERMS ........................................................................................ 52 ARTICLE 2. CONTRACT DOCUMENTS .......................................................................... 56 ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION .................................................................................................. 56 ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE ............................ 57 ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK ............................................................................................................... 57 ARTICLE 6. MOBILIZATION ............................................................................................ 57 ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE ........................................ 58 ARTICLE 8. SOILS INVESTIGATIONS ............................................................................ 59 ARTICLE 9. CONTRACTOR’S SUPERVISION ................................................................ 60 ARTICLE 10. WORKERS ................................................................................................. 60 ARTICLE 11. INDEPENDENT CONTRACTORS .............................................................. 60 ARTICLE 12. SUBCONTRACTS ...................................................................................... 60 ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY ...................................... 61 ARTICLE 14. REQUESTS FOR SUBSTITUTION ............................................................. 61 ARTICLE 15. SHOP DRAWINGS ..................................................................................... 62 ARTICLE 16. SUBMITTALS ............................................................................................. 63 ARTICLE 17. MATERIALS ............................................................................................... 63 ARTICLE 18. PERMITS AND LICENSES ......................................................................... 64 ARTICLE 19. TRENCHES ................................................................................................ 64 ARTICLE 20. TRAFFIC CONTROL .................................................................................. 65 TABLE OF CONTENTS (Continued) Page 61147.02100\20950242.5 -iii- 00 11 16 – NOTICE INVITING BIDS ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS ............................... 66 ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS ................................................ 66 ARTICLE 23. SANITARY FACILITIES .............................................................................. 66 ARTICLE 24. AIR POLLUTION CONTROL ...................................................................... 66 ARTICLE 25. LAYOUT AND FIELD ENGINEERING ........................................................ 67 ARTICLE 26. TESTS AND INSPECTIONS ....................................................................... 67 ARTICLE 27. PROTECTION OF WORK AND PROPERTY .............................................. 67 ARTICLE 28. CONTRACTOR’S MEANS AND METHODS ............................................... 68 ARTICLE 29. AUTHORIZED REPRESENTATIVES ......................................................... 68 ARTICLE 30. HOURS OF WORK ..................................................................................... 68 ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE .......................................... 69 ARTICLE 32. PREVAILING RATES OF WAGES ............................................................. 70 ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION ................................... 71 ARTICLE 34. EMPLOYMENT OF APPRENTICES ........................................................... 71 ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ............. 72 ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 72 ARTICLE 37. LABOR/EMPLOYMENT SAFETY ............................................................... 73 ARTICLE 38. INSURANCE ............................................................................................... 73 ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE .............................. 76 ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ......................... 77 ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES .................................. 78 ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT ................................................ 79 ARTICLE 43. SECURITIES FOR MONEY WITHHELD..................................................... 80 ARTICLE 44. CHANGES AND EXTRA WORK. ................................................................ 80 ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT ...................................................... 94 ARTICLE 46. OCCUPANCY ............................................................................................. 95 ARTICLE 47. INDEMNIFICATION .................................................................................... 95 ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES ............................................ 96 ARTICLE 49. CITY’S RIGHT TO TERMINATE CONTRACT .......................................... 100 ARTICLE 50. WARRANTY AND GUARANTEE OF WORK ............................................ 102 ARTICLE 51. DOCUMENT RETENTION & EXAMINATION ........................................... 105 ARTICLE 52. SEPARATE CONTRACTS ........................................................................ 105 ARTICLE 53. NOTICE AND SERVICE THEREOF ......................................................... 106 ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS ........................................................ 106 TABLE OF CONTENTS (Continued) Page 61147.02100\20950242.5 -iv- 00 11 16 – NOTICE INVITING BIDS ARTICLE 55. STATE LICENSE BOARD NOTICE .......................................................... 106 ARTICLE 56. INTEGRATION ......................................................................................... 106 ARTICLE 57. ASSIGNMENT OF CONTRACT ................................................................ 107 ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY ................................................................................................................. 107 ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS ............................................... 107 ARTICLE 60. PROHIBITED INTERESTS ....................................................................... 107 ARTICLE 61. CONTROLLING LAW ............................................................................... 107 ARTICLE 62. JURISDICTION; VENUE ........................................................................... 107 ARTICLE 63. LAWS AND REGULATIONS ..................................................................... 108 ARTICLE 64. PATENTS ................................................................................................. 108 ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS ......................................... 108 ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST ................................. 108 ARTICLE 67. SURVIVAL OF OBLIGATIONS ................................................................. 108 00 73 13 – SPECIAL CONDITIONS ........................................................................................ 109 01 00 00 – GENERAL REQUIREMENTS ................................................................................ 111 SPECIAL PROVISIONS ................................................................................................. SP1-SP9 EXHIBIT “A” CHANGE ORDER FORM ....................................................................................... 1 61147.02100\20950242.5 -5- 00 11 16 – NOTICE INVITING BIDS 00 11 16 – NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of San Juan Capistrano (“City”) invites and will receive sealed Bids up to but not later than 2:00 p.m. on July 2, 2020 at the office of the City Clerk located at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for RAMOS STREET PARKING LOT EXPANSION CIP 20204 (the “Project”). At said time, Bids will be publicly opened and read aloud at the City Council Chamber. Please Note: All visitors at City Hall including bid opening attendees are required to observe all COVID-19 guidelines including, without limitation, the following: (1) maintain a minimum of 6 feet of separation between persons and (2) wearing of face masks and gloves. Visitors not abiding by the foregoing COVID-19 guidelines will not be allowed to participate in the bid opening.Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date. Work to be done in general will consist of grading, removal and construction of asphalt and Portland cement concrete, furnishing and placing of gravel per plans, parking lot signing and striping, removal and installation of lighting and related electrical improvements. The Engineer’s Estimate is $170,000. Bids must be submitted on the City’s Bid Forms. Bidders may obtain a copy of the Contract Documents from http://www.coastalblue.com, 33091 Calle Perfecto, Suite B., San Juan Capistrano, CA 92675 - (949) 240-9911 at a cost of up to $75.00. To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. It is the responsibility of each prospective bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on http://www.coastalblue.com. It is the responsibility of each prospective bidder to check http://www.coastalblue.com on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on http://www.coastalblue.commay change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by http://www.coastalblue.com. Each Bid shall be accompanied by cash, a certified or cashier’s check, or BidBond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted TotalBid Price, made payable to City of San Juan Capistrano as bid security. The bid security shall be provided as a guarantee that within five (5) working days after the City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City. There will not be a Pre-Bid Conference for this project. The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company 61147.02100\20950242.5 -6- 00 11 16 – NOTICE INVITING BIDS that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer. Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the contract. Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Orange County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/ In addition, a copy of the prevailing rate of per diem wages is available at the City’s City Clerk Office and shall be made available to interested parties upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid. Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the contract: Class A or a combination of Classes C-10, C-12, C-13, C-31, and C-32. Substitution requests shall be made within 35 calendar days after the award of the contract. Pursuant to Public Contract Code Section 3400(b), the City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions. City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the City from the BASE BID ALONE City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process. 61147.02100\20950242.5 -7- 00 11 16 – NOTICE INVITING BIDS For further information, contact Paul Meshkin, P.E./ Senior Civil Engineer, at PMeshkin@sanjuancapistrano.org. END OF NOTICE INVITING BIDS 61147.02100\20950242.5 -8- 00 21 13 – INSTRUCTIONS TO BIDDERS 00 21 13 – INSTRUCTIONS TO BIDDERS ARTICLE 1. SECURING DOCUMENTS Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents may be obtained from http://www.coastalblue.com in the Notice Inviting Informal Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Informal Bids. The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Informal Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Project. Any Addenda will be posted on http://www.coastalblue.com. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract. ARTICLE 2. EXAMINATION OF SITEANDCONTRACT DOCUMENTS At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract and no relief for error or omission will be given except as required under State law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Article. ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the City a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to each prospective Bidder who has purchased a set of Drawings and Specifications. The City will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the City. 61147.02100\20950242.5 -9- 00 21 13 – INSTRUCTIONS TO BIDDERS ARTICLE 4. PRE-BID CONFERENCE None. ARTICLE 5. ADDENDA The City reserves the right to revise the Contract Documents prior to the Bid opening date. Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall provide City a name, address, email address, and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Public Works Department to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid. ARTICLE 6. ALTERNATE BIDS If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder. ARTICLE 7. COMPLETION OF BID FORMS Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive. ARTICLE 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered. 61147.02100\20950242.5 -10- 00 21 13 – INSTRUCTIONS TO BIDDERS ARTICLE 9. SUBCONTRACTORS Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104. ARTICLE 10. LICENSING REQUIREMENTS Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract. Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5. ARTICLE 11. BID GUARANTEE (BOND) Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of San Juan Capistrano; or (c) a Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of San Juan Capistranoas bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the City provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder, or may call for new bids. No interest shall be paid on funds deposited with the City. City will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract. ARTICLE 12. IRAN CONTRACTING ACT OF 2010 In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as 61147.02100\20950242.5 -11- 00 21 13 – INSTRUCTIONS TO BIDDERS applicable. The form of such Iran Contracting Certificate is included with the bid package and must be signed and dated under penalty of perjury. ARTICLE 13. NONCOLLUSION DECLARATION Bidders on all public works contracts are required to submit a declaration of noncollusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury. ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form. ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract. ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City the following certificate prior to performing the work under this Contract: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The form of such Workers' Compensation Certificate is included as part of this document. ARTICLE 17. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to 61147.02100\20950242.5 -12- 00 21 13 – INSTRUCTIONS TO BIDDERS each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. ARTICLE 18. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the Engineering Department of the City before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein.Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof: Bid of (Bidder’s Name) for the RAMOS STREET PARKING LOT EXPANSION CIP 20204 Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery. ARTICLE 19. OPENING OF BIDS At the time and place set for the opening and reading of bids, or any time thereafter, each and every bid received prior to the time and day set for the receipt of bids will be publicly opened and read. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated. The public reading of each bid will include the following information: A. The name and business location of the bidder. B. The nature and amount of the bid security furnished by bidder. C. The bid amount. Bidders or their representatives and other interested persons may be present at the opening of the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids. 61147.02100\20950242.5 -13- 00 21 13 – INSTRUCTIONS TO BIDDERS The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. ARTICLE 20. WITHDRAWAL OF BID Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein. Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City. ARTICLE 21. BIDDERS INTERESTED IN MORE THAN ONE BID No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders. No person, firm, corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project. ARTICLE 22. SUBSTITUTION OF SECURITY The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300. ARTICLE 23. PREVAILING WAGES The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the City Clerk Office of the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s). ARTICLE 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. 61147.02100\20950242.5 -14- 00 21 13 – INSTRUCTIONS TO BIDDERS ARTICLE 25. INSURANCE REQUIREMENTS Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions. ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to City within ten (10) working days from the date the City provides the successful bidder with the Notice of Award. ARTICLE 27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents. ARTICLE 28. PERMIT AND INSPECTION FEE ALLOWANCE Notwithstanding anything contained herein, the Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance. ARTICLE 29. FILING OF BID PROTESTS Bidders may file a “protest” of a Bid with the City’s City Clerk In order for a Bidder’s protest to be considered valid, the protest must: A. Be filed in writing within five (5)calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific Citystaff determination orrecommendation being protested; D. Specify in detail the grounds for protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, the City may reject the protest 61147.02100\20950242.5 -15- 00 21 13 – INSTRUCTIONS TO BIDDERS without further review. If the protest is timely and complies with the above requirements, the City’s Public Works Director, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The Public Works Director will provide a written decision to the protestor. The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings. ARTICLE 30. BASIS OF AWARD; BALANCED BID The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the Total Base Bid Price. The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items. ARTICLE 31. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Citymay award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Citynotifies the Bidder of the award, the Bidder will have ten (10) working days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty (20) working days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder. ARTICLE 32. EXECUTION OF CONTRACT As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached. ARTICLE 33. QUESTIONS Questions regarding this Notice Inviting Bids may be directed to Paul Meshkin, P.E./ Senior Civil Engineer, at PMeshkin@sanjuancapistrano.org. No other members of the City’s staff or governing body should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications. 61147.02100\20950242.5 -16- 00 41 43 – BID FORMS 00 41 43 – BID FORMS 1.1 Bid. Bids will be received at the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675, until 2:00 P.M. on July 2, 2020. NAME OF BIDDER: ______________________________________________ To the Honorable City Council of the City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project: RAMOS STREET PARKING LOT EXPANSION We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein. The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents: Addenda No. ________________________________________________ 1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price. 2. Attached is the completed Designation of Subcontractors form. 3. Attached is the fully executed Noncollusion Declaration form. 4. Attached is the completed Iran Contracting Act Certification form. 5. Attached is the completed Public Works Contractor Registration Certification form. 6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form. 7. Attached is the completed Bidder Information and Experience form. 61147.02100\20950242.5 -17- 00 41 43 – BID FORMS A. BID SCHEDULE BASE BID NO. ITEM DESCRIPTION UNIT OF MEASURE EST. QTY. UNIT PRICE ITEM COST 1. Mobilization and Contract Processing Costs LS 1 2. Preparation and ongoing implementation of a Storm Water Pollution Prevention Plan (SWPPP) including but not limited to mulch and hydroseeding LS 1 3. Traffic control LS 1 4. Clear and grub LS 1 5. Construction survey LS 1 6. Remove existing electrical pullbox and interfering wires and conduits EA 2 7. Remove and salvage light post & light and interfering wires and conduits EA 3 8. Remove and salvage existing signs EA 5 9. Relocate existing irrigation control valve EA 1 10. Relocate existing trash can EA 2 11. Sawcut and remove existing AC pavement SF 87 12. Sawcut and remove existing PCC curb LF 39 13. Sawcut and remove existing PCC sidewalk SF 76 14. Adjust to grade Monitoring Well Cover in concrete pad EA 1 15. Adjust to grade Street Light Pull Box EA 2 16. Construct Min. 6-inch thick 3/4" gravel over 6-inch deep 90% compacted native and all associated earthwork per Plans CY 820 17. Construct 6" PCC pavement over 2" crushed miscellaneous base (CMB) over compacted native (95% relative) and associated earthwork,per Plans SF 2,424 61147.02100\20950242.5 -18- 00 41 43 – BID FORMS 18. Construct Type A1-6 PCC curb per Plans and SPPWC Std Plan 120-2 LF 99 19. Construct Type C driveway approach per Plans and SPPWC Std Plan 110-2 SF 276 20. Construct 4" thick PCC sidewalk per Plans and City of San Juan Capistrano Std Plan 330 SF 746 21. Construct 8" Deep Lift AC pavement (PG 64-10) over compacted native (95% relative) TN 4.5 22. Construct 0-inch to 8-inch thick decomposed granite (Nexpave or approved equal) ramp per Plans SF 204 23. Signing and Striping improvements LS 1 The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. In case of discrepancy between the Unit Price and the Item Cost set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. 61147.02100\20950242.5 -19- 00 41 43 – BID FORMS B. TOTAL BASE BID PRICE: TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR RAMOS STREET PARKING LOT EXPANSION CIP 20204 $ Total Base Bid Price in Numbers $ Total Base Bid Price in Written Form In case of discrepancy between the written price and the numerical price, the written price shall prevail. The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier. ALTERNATE BIDS NO. ITEM DESCRIPTION UNIT OF MEASURE EST. QTY. UNIT PRICE ITEM COST 1.Construct Gravel Infiltration Basin Per Plans LS 1 2.Furnish and Install Geotextile Filter Fabric SY 6,000 3 Furnish and install Lighting, including new consuits, wiring and connection to new power source LS 1 If the Contract Documents specify Alternate Bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above (please check the appropriate box), inthe City’ssolediscretion. The City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s). 61147.02100\20950242.5 -20- 00 41 43 – BID FORMS ALTERNATE BIDS BID PRICE (IN WRITTEN FORM) BID PRICE (IN NUMBERS) ALTERNATE #1  Add  Deduct ALTERNATE #2  Add  Deduct ALTERNATE #3  Add  Deduct The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the City provides the successful bidder with the Notice of Award. Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified. The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done. If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate withinOrangeCounty for each craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file at the City’s Administration Office and shall be made available to interested parties upon request. Enclosed find cash, bidder’s bond, or cashier’s or certified check No. _________ from the _______________ Bank in the amount of ________________________________, which is not less than ten percent (10%) of this bid, payable to City of San Juan Capistranoas bid security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work. The bidder furthermore agrees that in case of bidder’s default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder’s bond, or cashier’s or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the City of San Juan Capistrano. Bidder is an individual ______, or corporation ______, or partnership ______, organized under the laws of the State of _______________________________. 61147.02100\20950242.5 -21- 00 41 43 – BID FORMS Bidder confirms license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s): If the Bidder is a joint venture, each member of the joint venture must include the required licensing information. Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price within ten (10) working days from the date the City provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California. The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than “A-” and a Financial Size Category of not less than “Class VII” according to the latest Best Key Rating Guide. At the sole discretion of the City, the City may waive the Financial Strength Rating and the Financial Size Category classifications for Workers’ Compensation insurance. (signatures continued on next page) 61147.02100\20950242.5 -22- 00 41 43 – BID FORMS I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. Executed at _________________________, on this ____ day of __________, _____. (Bidders Name – Print or Type) ________________________________ (Name and Title) (Corporate Seal) ________________________________ (Signature) Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below: Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX 61147.02100\20950242.5 -23- 00 41 43 – BID FORMS 1.2 Bid Bond [Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies bid.] The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the City of San Juan Capistrano, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated _____________, 20 ____, for RAMOS STREET PARKING LOT EXPANSION. If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes. In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title 61147.02100\20950242.5 -24- 00 41 43 – BID FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 61147.02100\20950242.5 -25- 00 41 43 – BID FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF BID BOND 61147.02100\20950242.5 -26- 00 41 43 – BID FORMS 1.3 List of Subcontractors In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Work to be done by Subcontractor Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number % of Work 61147.02100\20950242.5 -27- 00 41 43 – BID FORMS Work to be done by Subcontractor Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number % of Work (Attach additional sheets if necessary) Name of Bidder Signature Name and Title Dated 61147.02100\20950242.5 -28- 00 41 43 – BID FORMS 1.4 Bidder Information and Experience Form ARTICLE 1. INFORMATION ABOUT BIDDER (Indicate not applicable (“N/A”) where appropriate.) NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture. 1.0 Name of Bidder: ___________________________________________ 2.0 Type, if Entity: ___________________________________________ 3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number _____________________________________________________________ Email Address 4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________ 5.0 How many years has Bidder’s organization been in business under its present name? ________________________ 5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________ 6.0 If Bidder’s organization is a corporation, answer the following: 6.1 Date of Incorporation: ________________________________ 6.2 State of Incorporation: ________________________________ 6.3 President’s Name: ________________________________ 6.4 Vice-President’s Name(s): ________________________________ ________________________________ 6.5 Secretary’s Name: ________________________________ 6.6 Treasurer’s Name: ________________________________ 61147.02100\20950242.5 -29- 00 41 43 – BID FORMS 7.0 If an individual or a partnership, answer the following: 7.1 Date of Organization: ______________________________________ 7.2 Name and address of all partners (state whether general or limited partnership): ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 8.0 If other than a corporation or partnership, describe organization and name principals: ___________________________________________________________ ___________________________________________________________ 9.0 List other states in which Bidder’s organization is legally qualified to do business. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 10.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________ 11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: ___________________________________________________________ ___________________________________________________________ 12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: ___________________________________________________________ ___________________________________________________________ 61147.02100\20950242.5 -30- 00 41 43 – BID FORMS 13.0 List Trade References: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 14.0 List Bank References (Bank and Branch Address): ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 15.0 Name of Bonding Company and Name and Address of Agent: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 61147.02100\20950242.5 -31- 00 41 43 – BID FORMS ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG) [**Duplicate Page if needed for listing additional current projects.**] Project Description of Bidder’s Work Completion Date Cost of Bidder’s Work 61147.02100\20950242.5 -32- 00 41 43 – BID FORMS ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS [**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work. Project Description of Bidder’s Work Completion Date Cost of Bidder’s Work 61147.02100\20950242.5 -33- 00 41 43 – BID FORMS ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. 1. List each person’s job title, name and percent of time to be allocated to this project: 2. Summarize each person’s specialized education: 3. List each person’s years of construction experience relevant to the project: 4. Summarize such experience: Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City. Changes Occuring Since Prequalification If any substantive changes have occurred since Bidder submitted its prequalification package for this Project, Bidder shall list them below. If none are listed, Bidder certifies that no substantive changes have occurred. _______ 61147.02100\20950242.5 -34- 00 41 43 – BID FORMS Additional Bidder’s Statements: If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked: _______ ARTICLE 5. VERIFICATION AND EXECUTION These Bid Forms shall be executed only by a duly authorized official of the Bidder: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Bidder Signature Name Title Date 61147.02100\20950242.5 -35- 00 41 43 – BID FORMS 1.5 Non-Collusion Declaration The undersigned declares: I am the ___________________ of ______________________________, the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state]. Name of Bidder Signature Name Title 61147.02100\20950242.5 -36- 00 41 43 – BID FORMS 1.6 Iran Contracting Act Certification. (Public Contract Code section 2200 et seq.) As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct: The Contractor is not: (1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000. Signature: Printed Name: Title: Firm Name: Date: Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years. 61147.02100\20950242.5 -37- 00 41 43 – BID FORMS 1.7 Public Works Contractor Registration Certification Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1 Name of Bidder: DIR Registration Number: DIR Registration Expiration:_________________________ Small Project Exemption: _____ Yes or _____ No Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: 1. Bidder shall maintain a current DIR registration for the duration of the project. 2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Bidder Signature Name and Title Dated 1.8 Contractor’s Certificate Regarding Workers’ Compensation. 1If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” <Month><Year> Pipeline Project XXXX 61147.02100\20950242.5 -38- 00 41 43 – BID FORMS I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Name of Bidder Signature Name Title Dated ______________________________ 61147.02100\20950242.5 -39- 00 52 13 – CONTRACT 00 52 13 – CONTRACT This CONTRACT, No.________is made and entered into this ____ day of _______, ______, by and between City of San Juan Capistrano, sometimes hereinafter called “City,” and _______________________________________________, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: a.SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: RAMOS STREET PARKING LOT EXPANSION The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. b.TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within Twenty (20) Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c.CONTRACT PRICE. The Cityshall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions. d.LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. e.COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors 61147.02100\20950242.5 -40- 00 52 13 – CONTRACT Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Performance Bond Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 61147.02100\20950242.5 -41- 00 52 13 – CONTRACT IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF SAN JUAN CAPISTRANO Name of Contractor By _____________________________________ Name and Title: _________________________ License No. ____________________________ Date: __________________________________ By______________________________ Benjamin Siegel, City Manager Date: ____________________________ (CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) Approved as to form this _____________day of 20___. _______________________________ Attorney for City of San Juan Capistrano ATTEST: By: City Clerk San Juan Capistrano END OF CONTRACT 61147.02100\20950242.5 -42- 00 52 13 – CONTRACT Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above 61147.02100\20950242.5 -43- 00 61 13 – BOND FORMS 00 61 13 – BOND FORMS 1.1 Performance Bond. KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Juan Capistrano, (hereinafter referred to as “City”) has awarded to _________________________,(hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. 61147.02100\20950242.5 -44- 00 61 13 – BOND FORMS Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 61147.02100\20950242.5 -45- 00 61 13 – BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California) 61147.02100\20950242.5 -46- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 61147.02100\20950242.5 -47- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND 61147.02100\20950242.5 -48- 00 61 13 – BOND FORMS 1.2 Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano(hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that 61147.02100\20950242.5 -49- 00 61 13 – BOND FORMS this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title 61147.02100\20950242.5 -50- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 61147.02100\20950242.5 -51- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND 61147.02100\20950242.5 -52- 00 72 13 – GENERAL CONDITIONS 00 72 13 – GENERAL CONDITIONS ARTICLE 1. DEFINED TERMS Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. A. Act of God–An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave. B. Addenda-- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents. C. Additional Work-- New or unforeseen work will be classified as “Additional Work” when the City’s Representative determines that it is not covered by the Contract. D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work. E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. F. Bidder -- The individual or entity who submits a Bid directly to the City. G. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents. H. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”). I. City -- The City of San Juan Capistrano. J. City’s Representative -- The individual or entity as identified in the Special Conditions to act as the City’s Representative. K. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. L. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the 61147.02100\20950242.5 -53- 00 72 13 – GENERAL CONDITIONS Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents. M. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents. N. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs. O. Contract Times -- The number of days or the dates stated in the Contract Documents to: achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment. P. Contractor -- The individual or entity with which the City has contracted for performance of the Work. Q. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On- Site Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed without prior written consent of the City. R. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties. S. Day -- A calendar day of 24 hours measured from midnight to the next midnight. T. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents. U. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site. V. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. W. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver. X. Engineer, whenever not qualified, shall mean the City Engineer of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution 61147.02100\20950242.5 -54- 00 72 13 – GENERAL CONDITIONS of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the City, shall be binding and final upon both parties. Y. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the City. Z. Green Book -- The current edition of the Standard Specifications for Public Works Construction. AA. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II, or class III disposal site in accordance with provisions of existing law, whichever is more restrictive. BB. Holiday – The Holidays occur on: New Year’s Day - January 1 President’s Day – Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in September Veteran’s Day - November 11 Thanksgiving Day - Fourth Thursday in November Friday after Thanksgiving Christmas Eve – December 24 Christmas Day - December 25 Day After Christmas – December 26 New Year’s Eve – December 31 If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays. CC. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract. DD. Notice of Completion -- The form which may be executed by the City and recorded by the county where the Project is located constituting final acceptance of the Project. EE. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run. FF. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 61147.02100\20950242.5 -55- 00 72 13 – GENERAL CONDITIONS GG. Recyclable Waste Materials-- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. HH. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities. II. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. JJ. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. KK. Stop Payment Notice -- A written notice as defined in Civil Code section 8044. LL. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site. MM. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work. NN. Successful Bidder -- The Bidder submitting a responsive Bid to whom the City makes an award. OO. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work. PP. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. QQ. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its bid or as adjusted in accordance with the Contract Documents. RR. Warranty -- A written guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer. SS. 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 61147.02100\20950242.5 -56- 00 72 13 – GENERAL CONDITIONS such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. ARTICLE 2. CONTRACT DOCUMENTS A. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. B. Interpretations. The Contract Documents are intended to be fully cooperative and complementary. If the Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows: 1. Change Orders 2. Addenda 3. Special Conditions 4. Technical Specifications 5. Plans (Contract Drawings) 6. Contract 7. General Conditions 8. Instructions to Bidders 9. Notice Inviting Bids 10. Contractor’s Bid Forms 11. Standard Specifications for Public Works Construction (Sections 1-9 Excluded) 12. Applicable Local Agency Standards and Specifications 13. Standard Drawings 14. Reference Documents With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply. D. Organization of Contract Documents.Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade. ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Before any Work at the site is started, a conference attended by the City, Contractor, City’s Representative, 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 herein, procedures for 61147.02100\20950242.5 -57- 00 72 13 – GENERAL CONDITIONS handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. At this conference the City 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 instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE Contractor will be furnished, free of charge, two (2) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site. ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements. B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense. ARTICLE 6. MOBILIZATION A. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is 61147.02100\20950242.5 -58- 00 72 13 – GENERAL CONDITIONS provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of the Work. B. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items: 1. Obtaining and paying for all bonds, insurance, and permits. 2. Moving on to the Project site of all Contractor’s plant and equipment required for the first month’s operations. 3. Installing temporary construction power, wiring, and lighting facilities, as applicable. 4. Establishing fire protection system, as applicable. 5. Developing and installing a construction water supply, if applicable. 6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services. 7. Providing on-site sanitary facilities and potable water facilities as specified per Cal- OSHA and these Contract Documents. 8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security. 9. Arranging for and erection of Contractor’s work and storage yard. 10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA. 11. Full-time presence of Contractor’s superintendent at the job site as required herein. 12. Submittal of Construction Schedule as required by the Contract Documents. ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE A. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans. 61147.02100\20950242.5 -59- 00 72 13 – GENERAL CONDITIONS B. Unless indicated otherwise on the Plans and Specifications, no excavations were made to verify the locations shown for underground utilities. The service connections to these utilities are not shown on the Plans. Water service connections may be shown on the Plans showing general locations of such connections. It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans. C. If applicable, all water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of the Work. D. Notwithstanding the above, pursuant to section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for Bids, the City shall assume the responsibility for their timely removal, relocation, or protection. E. Contractor, except in an emergency, shall contact the appropriate regional notification center, California Underground Service Alert at 811 or 1-800-227-2600 or on-line at www.digalert.org at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor. ARTICLE 8. SOILS INVESTIGATIONS A. Reports and Drawings. The Special Conditions identify: 1. those reports known to the City of explorations and tests of subsurface conditions at or contiguous to the site; and 2. those drawings known to the City of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. Contractor shall make its own interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” 61147.02100\20950242.5 -60- 00 72 13 – GENERAL CONDITIONS Contractor may not rely upon or make any claim against the City, City’s Representative, or Engineer of Record, 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 without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, conclusions 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. ARTICLE 9. CONTRACTOR’S SUPERVISION Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable tothe City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor.Contractor shall continuously provide efficient supervision of the Project. ARTICLE 10. WORKERS A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project. ARTICLE 11. INDEPENDENT CONTRACTORS Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of City and are not entitled to benefits of any kind normally provided employees of City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work. ARTICLE 12. SUBCONTRACTS A. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to theCity for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and theCity. 61147.02100\20950242.5 -61- 00 72 13 – GENERAL CONDITIONS B. The City reserves the right to accept all subcontractors. TheCity’s acceptance of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents. C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. ARTICLE 14. REQUESTS FOR SUBSTITUTION A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein. B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name. C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles. D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole 61147.02100\20950242.5 -62- 00 72 13 – GENERAL CONDITIONS discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests. E. Substantiating data as described above shall include, at a minimum, the following information: 1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit. 2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified. 3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract. 4. Information detailing the durability and lifecycle costs of the proposed substitution. F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package. G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein. H. The Contractor shall bear the costs of all City work associated with the review of substitution requests. I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor. ARTICLE 15. SHOP DRAWINGS A. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in its own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop drawings, calculations, schedules, and materials list, and all other provisions required by the Contract Documents. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal. B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be 61147.02100\20950242.5 -63- 00 72 13 – GENERAL CONDITIONS needed for completion of the Work. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written acceptance. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings. ARTICLE 16. SUBMITTALS A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract. B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work. C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals. ARTICLE 17. MATERIALS A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time. B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor. 61147.02100\20950242.5 -64- 00 72 13 – GENERAL CONDITIONS F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Form, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications.Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work. ARTICLE 18. PERMITS AND LICENSES A. City will apply and pay for the review of necessary encroachment permits for Work within the public rights-of-way. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including encroachment permits, and shall pay all fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of public health and safety. Before acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City. B. The Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance. Payment by City to Contractor under the Permit and Inspection Allowance Bid Item shall be made based on actual cost receipts only and in accordance with the provisions of these specifications. ARTICLE 19. TRENCHES A. Trenches Five Feet or More in Depth. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit. B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or other excavations that extend deeper than four feet below the surface, Contractor shall 61147.02100\20950242.5 -65- 00 72 13 – GENERAL CONDITIONS promptly, and before the excavation is further disturbed, notify the City in writing of any of the following conditions: 1. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract The Cityshall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties. ARTICLE 20. TRAFFIC CONTROL A. Traffic control plan(s) for the Work may be required by the Agency(s) of Jurisdiction. Traffic control plans, if required, shall be prepared at Contractor’s expense, and traffic control shall be performed at Contractor’s expense in accordance with the requirements of the Agency(s) of Jurisdiction. The Permit and Inspection Allowance included within the Bid Form includes the cost of required traffic control permit(s) and construction inspection by the Agency(s) of Jurisdiction only. The Permit and Inspection Allowance does not include costs for preparation of any required traffic control plans, implementation of any traffic control requirements or for any traffic signal services that may be required. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the Agency(s) of Jurisdiction shall be included in the Contractor’s Bid. B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the project for approval prior to starting work. 61147.02100\20950242.5 -66- 00 72 13 – GENERAL CONDITIONS C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of- ways after working hours unless otherwise approved by the Engineer. ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by Cityor other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor. ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. ARTICLE 23. SANITARY FACILITIES Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other Sanitary Facilities required by Cal/OSHA shall be the responsibility of the Contractor. ARTICLE 24. AIR POLLUTION CONTROL Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. 61147.02100\20950242.5 -67- 00 72 13 – GENERAL CONDITIONS ARTICLE 25. LAYOUT AND FIELD ENGINEERING All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. ARTICLE 26. TESTS AND INSPECTIONS A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. B. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents. C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations. D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work. E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from theCity, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. F. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs. ARTICLE 27. PROTECTION OF WORK AND PROPERTY A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes 61147.02100\20950242.5 -68- 00 72 13 – GENERAL CONDITIONS to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor. ARTICLE 28. CONTRACTOR’S MEANS AND METHODS Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. ARTICLE 29. AUTHORIZED REPRESENTATIVES The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector shall not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.Contractor shall provide safe and proper facilities for such access. ARTICLE 30. HOURS OF WORK A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. B. The Contractor and every subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California. C. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar 61147.02100\20950242.5 -69- 00 72 13 – GENERAL CONDITIONS week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. E. City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Inspection before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance. F. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on the City-observed holidays, unless otherwise approved by the City: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. C. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor 61147.02100\20950242.5 -70- 00 72 13 – GENERAL CONDITIONS shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. D. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following: 1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR. E. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE. F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated. G. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due. H. The responsibility for compliance with this Article shall rest upon the Contractor. ARTICLE 32. PREVAILING RATES OF WAGES A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates 61147.02100\20950242.5 -71- 00 72 13 – GENERAL CONDITIONS of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. B. The Contractor shall forfeit as a penalty to the Citynot more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. ARTICLE 34. EMPLOYMENT OF APPRENTICES A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. B. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7. D. The responsibility for compliance with this Article shall rest upon the Contractor. 61147.02100\20950242.5 -72- 00 72 13 – GENERAL CONDITIONS ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law. Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein. Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein. Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the 61147.02100\20950242.5 -73- 00 72 13 – GENERAL CONDITIONS project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. ARTICLE 37. LABOR/EMPLOYMENT SAFETY The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the City prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the City Standards. Contractor shall adhere to the City’s lock out tag out program. ARTICLE 38. INSURANCE The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences. A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties. B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, 61147.02100\20950242.5 -74- 00 72 13 – GENERAL CONDITIONS on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents. C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City. D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits. 1.Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law. 2.All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents. 3.All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, 61147.02100\20950242.5 -75- 00 72 13 – GENERAL CONDITIONS under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. 4.If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents. 5.All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. E. Automobile Liability Insurance. Contractor shall provide “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, two million dollars ($2,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. F. Builder’s Risk 1.It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work. 2.The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by City. 3.Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery 61147.02100\20950242.5 -76- 00 72 13 – GENERAL CONDITIONS accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to City to ensure adequacy and sublimit. 4. In addition, the policy shall meet the following requirements: a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract. b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage. G. Contractor’s Pollution Liability Coverage. Contractor shall provide pollution liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate. H. Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by City. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof. ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self-insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. B. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, 61147.02100\20950242.5 -77- 00 72 13 – GENERAL CONDITIONS including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers. C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. D. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self- insured retentions or self-insured programs shall not be construed as contributory. E. City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate. F. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract. ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES A. Time for Completion/Liquidated Damages.Time is of the essence in the completion of the Work. Work shall be commenced within ten (10) Days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If the Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated 61147.02100\20950242.5 -78- 00 72 13 – GENERAL CONDITIONS damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. B. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. C. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date. D. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages. ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES Contractor shall furnish on forms Approved by the City: A. Within ten (10) Days of Notice to Proceed with the Contract, a detailed estimate giving a complete breakdown of the Contract price, if the Contract amount is a lump sum. B. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month. C. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form. D. Following the City’sAcceptance of the Work, the Contractor shall submit to the Citya written statement of the final quantities of unit price items for inclusion in the final payment request. E. The Cityshall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. 61147.02100\20950242.5 -79- 00 72 13 – GENERAL CONDITIONS Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project. ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include any amount earned for authorized extra work. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section B below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request. B. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover: 1. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract. 2. Defective work not remedied. 3. Failure of Contractor to make proper payments to his subcontractor or for material or labor. 4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid. 5. Damage to another contractor or a third party. 6. Amounts which may be due the City for claims against Contractor. 7. Failure of Contractor to keep the record (“as-built”) drawings up to date. 8. Failure to provide update on construction schedule as required herein. 9. Site cleanup. 10. Failure to comply with Contract Documents. 11. Liquidated damages. 12. Legally permitted penalties. C. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (B)(1), (3), and (5) of this 61147.02100\20950242.5 -80- 00 72 13 – GENERAL CONDITIONS Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor. D. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 calendar days after the receipt of an undisputed and properly submitted payment request from Contractor,provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement. E. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City. ARTICLE 43. SECURITIES FOR MONEY WITHHELD Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code. ARTICLE 44. CHANGES AND EXTRA WORK. A. Contract Change Orders. 1. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 2. Contractor shall promptly execute changes in the Work as directed in writing by the City even when the parties have not reached agreement on whether the 61147.02100\20950242.5 -81- 00 72 13 – GENERAL CONDITIONS change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation to the Contractor shall be presented in writing. No claim will be considered after the Work in question has been done unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor. 3. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. 4. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. 5. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the work, including Additional Work, promptly and expeditiously. 6. Contractor shall make available to the City any of the Contractor’s documents related to the Project immediately upon request of the City, as set forth in Article 52. 7. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties. B. Contract Price Change. 1. Process for Determining Adjustments in Contract Price. a. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Price or Contract Time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City, unless the City requests that proposals be submitted in less than seven (7) Days. b. Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order. c. Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. d. Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City, including but not limited to estimates and quotations from subcontractors or material suppliers, as the City may reasonably request. Contractor shall certify the accuracy of all Change Order Requests under penalty of perjury. 61147.02100\20950242.5 -82- 00 72 13 – GENERAL CONDITIONS e. If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the Work immediately on a time and materials basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the City’s estimate. If the change is issued based on the City's estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error. 2. Unit Price Change Orders. a. When the actual quantity of a Unit Price item varies from the Bid Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price. This calculation may result in either an additive or deductive Final Change Order pursuant to the Contract Documents. b. No Mark up for Overhead and Profit. Because the Contract Unit Prices provided in the Bid Form include Overhead and Profit as determined by Contractor at the time of Bid submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders. c. Bid items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs. d. Contractor acknowledges that unit quantities are estimates and agrees that the estimated unit quantities listed on the Bid Form will be adjusted to reflect the actual unit quantities which may result in an adjustment to the Contract Unit Prices. Such an adjustment will be made by execution of a final additive or deductive Change Order following Contractor’s completion of the Work. Upon notification, Contractor’s failure to respond within seven (7) Days will result in City’s issuance of a unit quantity adjustment to the Contract Unit Prices and/or Contract Time in accordance with the Contract Documents. e. The City or Contractor may make a Claim for an adjustment in the Unit Price in accordance with the Contract Documents if: i. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and ii. there is no corresponding adjustment with respect to any other item of Work; and iii. Contractor believes that Contractor is entitled to an increase in Unit Price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in Unit Price and the parties are unable to agree as to the amount of any such increase or decrease.. 3. Contractor shall incorporate the provisions of this Section into all agreements with Subcontractors. Compensation for Lump Sum Change Orders shall be limited to 61147.02100\20950242.5 -83- 00 72 13 – GENERAL CONDITIONS expenditures necessitated specifically by the Additional Work, and shall be according to the following: a. Overview. The Contractor will submit a properly itemized Lump Sum Change Order Proposal covering the Additional Work and/or the work to be deleted. This proposal will be itemized for the various components of the Additional Work and segregated by labor, material, and equipment in a detailed format satisfactory to the City. The City will require itemized change orders on all change order proposals from the Contractor, subcontractors, and sub- subcontractors regardless of tier. Details to be submitted will include detailed line item estimates showing detailed materials quantity take-offs, material prices by item and related labor hour pricing information and extensions (by line item or by drawing as applicable). b. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such new classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. Estimated labor hours must only include hours for those workmen and working foremen directly involved in performing the change order work. Supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in the markup percentages as outlined below. Note that no separate allowances for warranty expense will be allowed as a direct cost of a change order. Costs attributed to warranty expenses will be considered to be covered by the markup. c. Labor Burden. Labor burden allowable in change orders shall be defined as employer's net actual cost of payroll taxes (FICA, Medicare, SUTA, FUTA), net actual cost for employer's cost of union benefits (or other usual and customary fringe benefits if the employees are not union employees), and net actual cost to employer for worker's compensation insurance taking into consideration adjustments for experience modifiers, premium discounts, dividends, rebates, expense constants, assigned risk pool costs, net cost reductions due to policies with deductibles for self-insured losses, assigned risk rebates, etc. Contractor shall reduce their standard payroll tax percentages to properly reflect the effective cost reduction due to the estimated impact of the annual maximum wages subject to payroll taxes. An estimated percentage for labor burden may be used for pricing change orders. However, the percentage used for labor burden to price change orders will be examined at the conclusion of the Project and an adjustment to the approved change orders will be processed if it is determined that the actual labor burden percentage should have been more or less than the estimated percentage used. 61147.02100\20950242.5 -84- 00 72 13 – GENERAL CONDITIONS d. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion. Estimated material change order costs shall reflect the Contractor's reasonably anticipated net actual cost for the purchase of the material needed for the change order work. Estimated material costs shall reflect cost reductions available to the Contractor due to “non-cash” discounts, trade discounts, free material credits, and/or volume rebates. “Cash” discounts (i.e.,prompt payment discounts of 2% or less) available on material purchased for change order work shall be credited to the City if the Contractor is provided the City funds in time for Contractor to take advantage of any such “cash” discounts. The portion of any “cash” discounts greater than 2% will not be considered “non-cash” discount for purposes of this provision. Price quotations from material suppliers must be itemized with unit prices for each specific item to be purchased. "Lot pricing" quotations will not be considered sufficient substantiating detail. e. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the Overhead and Profit mark-ups established below. Allowable change order estimated costs may include appropriate amounts for rental of major equipment specifically needed to perform the change order work (defined as tools and equipment with an individual purchase cost of more than $750). For Contractor owned equipment, the "bare" equipment rental rates allowed to be used for pricing change order proposals shall be 75% of the monthly rate listed in the most current publication of The AED Green Book divided by 176 to arrive at a maximum hourly rate to be applied to the hours the equipment is used performing the change order work. Further, for Contractor owned equipment, the aggregate equipment rent charges for any single piece of equipment used in all change order work shall be limited to 50% of the fair market value of the piece of equipment when the first change order is priced involving usage of the piece of equipment. Fuel necessary to operate the equipment will be considered as a separate direct cost associated with the change order work. f. Maximum Markup Percentage Allowable on Self-Performed Work. With respect to pricing change orders, the maximum markup percentage to be paid to any Contractor or subcontractor (regardless of tier) on self-performed work shall be a single markup percentage not-to-exceed fifteen percent (15%) of the net direct cost of (1) direct labor and allowable labor burden costs applicable to the change in the Work; (2) the net cost of material and installed equipment incorporated into the change in the Work, and (3) net rental cost of major equipment and related fuel costs necessary to complete the change in the Work. The markup computed using the above formula shall be considered to be allocated 2/3 to cover applicable overhead costs directly attributable to the field overhead costs related to processing, supervising and performing, the change order work, and the remaining 1/3 to cover home office overhead costs and profit 61147.02100\20950242.5 -85- 00 72 13 – GENERAL CONDITIONS g. Maximum Markup Percentages Allowable on Work Performed by Lower Tier Subcontractors. With respect to pricing the portion of change order proposals involving Work performed by lower tier contractors, the maximum markup percentage allowable to the Contractor or subcontractor supervising the lower tier subcontractor's work shall not exceed five percent (5%) of the net of all approved change order work performed by all subcontractors combined for any particular change order proposal. The markup computed using the above formula shall be considered to be allocated 2/3 to cover applicable overhead costs directly attributable to the field overhead costs related to processing, supervising and performing the change order work, and the remaining 1/3 to cover home office overhead costs and profit. h. No Markup on Bonds and Liability Insurance Costs. Change order cost adjustments due to increases or decreases in bond or insurance costs (if applicable) shall not be subject to any markup. i. Direct and Indirect Costs Covered by Markup Percentages. As a further clarification, the agreed upon markup percentage set forth above is intended to cover the Contractor's profit and all indirect costs associated with the change order work. Items intended to be covered by the markup percentage include, but are not limited to: home office expenses, branch office and field office overhead expense of any kind, project management, superintendents, general foremen, estimating, engineering, coordinating, expediting, purchasing, detailing, legal, accounting, data processing or other administrative expenses, shop drawings, permits, auto insurance and umbrella insurance, pick-up truck costs, and warranty expense costs. The cost for the use of small tools is also to be considered covered by the markup percentage established above. Small tools shall be defined as tools and equipment (power or non-power) with an individual purchase cost of less than $750. j. Deduct Change Orders and Net Deduct Changes. The application of the markup percentages referenced above will apply to both additive and deductive change orders. In the case of a deductive change order, the credit will be computed by applying the sliding scale percentages as outlined above so that a deductive change order would be computed in the same manner as an additive change order. In those instances where a change involves both additive and deductive work, the additions and deductions will be netted and the markup percentage adjustments will be applied to the net amount. k. Contingency. In no event will any lump sum or percentage amounts for "contingency" be allowed to be added as a separate line item in change order estimates. Unknowns attributable to labor hours will be accounted for when estimating labor hours anticipated performing the work. Unknowns attributable to material scrap and waste will be estimated as part of material costs. l. Insurance and Bonds. In the event the Contractor has been required to furnish insurance and/or bonds as part of the base contract price, a final contract change order will be processed to account for the Contractor's net increase or decrease in insurance costs and/or bond premium costs associated with change orders to Contractor's base Contract Price. 61147.02100\20950242.5 -86- 00 72 13 – GENERAL CONDITIONS 4. Time and Materials Change Orders. a. General. The term Time and Materials means the sum of all costs reasonably and necessarily incurred and paid by Contractor for labor, materials, and equipment in the proper performance of Additional Work. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items. b. Timely and Final Documentation. i. T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s Representative for an approval signature each day Additional Work is performed. Failure to get the City’s Representative’s approval signature each Day shall result in a waiver of Contractor’s right to claim these costs. The City’s Representative’s signature on time sheets only serves as verification that the Work was performed and is not indicative of City’s agreement to Contractor’s entitlement to the cost. ii. T&M Daily Summary Sheets. All documentation of incurred costs (“T&M Daily Summary Sheets”) shall be submitted by Contractor within three (3) Days of incurring the cost for labor, material, equipment, and special services as Additional Work is performed. Contractor’s actual costs shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Each T&M Daily Summary Sheet shall include Contractor’s actual costs incurred for the Additional Work performed that day and a cumulative total of Contractor’s actual costs incurred for the Additional Work. Contractor’s failure to provide a T&M Daily Summary Sheet showing a total cost summary within three (3) Days but within five (5) Days of performance of the Work will result in the Contractor’s otherwise allowable overhead and profit being reduced by 50% for that portion of Additional Work which was not documented in a timely manner. Contractor’s failure to submit the T&M Daily Summary Sheet within five (5) Days of performance of the Work will result in a total waiver of Contractor’s right to claim these costs. iii. T&M Total Cost Summary Sheet. Contractor shall submit a T&M Total Cost Summary Sheet, which shall include total actual costs, within seven (7) Days following completion of City approved Additional Work. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Contractor’s failure to submit the T&M Total Cost Summary Sheet within seven (7) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the T&M Summary Sheets or the performance of the Additional Work. c. Labor. The Contractor will be paid the cost of labor for the workers used in the actual and direct performance of the Work. The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar 61147.02100\20950242.5 -87- 00 72 13 – GENERAL CONDITIONS purposes) substantiated by timesheets and certified payroll for wages prevailing for each craft or type of workers performing the Additional Work at the time the Additional Work is done, and the labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages. i. Equipment Operator Exception. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental. ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the superintendent, project manager, and other labor identified in the Contract Documents will be considered Overhead. d. Materials. The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Project site in the quantities involved, plus the cost of sales tax, freight, delivery, and storage. i. Trade discounts available to the purchaser shall be credited to the City notwithstanding the fact that such discounts may not have been taken by Contractor. ii. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the City’s Representative. iii. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower. iv. If, in the opinion of the City’s Representative, the cost of materials is excessive, or Contractor does not furnish satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the Project site less trade discounts. v. The City reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by Contractor for costs of such materials or Indirect Costs or profit on City furnished materials. e. Equipment. 61147.02100\20950242.5 -88- 00 72 13 – GENERAL CONDITIONS i. Rental Time. The rental time to be paid for equipment on the Project site shall be the time the equipment is in productive operation on the Additional Work being performed and, in addition, shall include the time required to move the equipment to the location of the Additional Work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except that moving time will not be paid if the equipment is used on other than the Additional Work, even though located at the site of the Additional Work. (a) Rental Time Not Allowed. Rental time will not be allowed while equipment is inoperative due to breakdowns. (b) Computation Method. The following shall be used in computing the rental time of equipment on the Project site. (i) When hourly rates are paid, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour in excess of 30 minutes will be considered one hour of operation. (ii) When daily rates are paid, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation, and any part of an hour in excess of 4 hours will be considered one day of operation. ii. Rental Rates. Contractor will be paid for the use of equipment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Contract was executed. Such rental rates will be used to compute payments for equipment whether the equipment is under Contractor’s control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting in the least total cost to the City for the total period of use. If it is deemed necessary by Contractor to use equipment not listed in the publication, an equitable rental rate for the equipment will be established by the City’s Representative. Contractor may furnish cost data which might assist the City’s Representative in the establishment of the rental rate. iii. Contractor-Owned Equipment. (a) For Contractor-owned equipment, the allowed equipment rental rate will be limited to the monthly equipment rental rate using a utilization rate of 173 hours per month. (b) For Contractor-owned equipment, the rental time to be paid for equipment on the Site shall be the time the equipment is in productive operation, unless, in the instance of standby time, the equipment could be actively used by Contractor on another project, then City shall pay for the entirety of the time the equipment is on Site. It shall 61147.02100\20950242.5 -89- 00 72 13 – GENERAL CONDITIONS be Contractor’s burden to demonstrate to the City that the equipment could be actively used on another project. iv. All equipment shall, in the opinion of the City’s Representative, be in good working condition and suitable for the purpose for which the equipment is to be used. v. Before construction equipment is used on the Additional Work, Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City’s Representative, in duplicate, a description of the equipment and its identifying number and the scheduled Additional Work activities planned. vi. Unless otherwise specified, manufacturer’s rating and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. f. Special Services. Special work or services are defined as that Additional Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. i. Invoices for Special Services. When the City’s Representative and Contractor determine that a special service is required which cannot be performed by the forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the City’s Representative. ii. Discount and Allowance. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices for Special Services. iii. When the City determines, in its sole discretion, that competitive bidding is necessary for certain special services, Contractor shall solicit competitive bids for those special services. g. Excluded Costs. The term Time and Material shall not include any of the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor’s allowance for Overhead and Profit. i. Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting 61147.02100\20950242.5 -90- 00 72 13 – GENERAL CONDITIONS agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Additional Work; ii. Office Expenses. Expenses of Contractor’s principal and branch offices; iii. Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments; iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property; v. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; vi. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor; vii. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; viii. Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention; ix. Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods; x. Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. h. Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following: i. “Net Cost” is defined as consisting of costs of labor, materials, and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up. Contractor shall provide City with documentation of the costs, including, but not limited to, payroll records, invoices, and such other information as City may reasonably request. 61147.02100\20950242.5 -91- 00 72 13 – GENERAL CONDITIONS ii. For Work performed by the Contractor’s forces, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work. iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost. iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor. v. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work. 5. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings, field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary On-Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related Warranties; insurance and bond premiums. 6. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors 7. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier. 8. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 61147.02100\20950242.5 -92- 00 72 13 – GENERAL CONDITIONS 9. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights. 10. If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a Change Order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral Change Order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order, and providing such supporting documentation for its position as the City may require. C. Change of Contract Times. 1. The Contract Times may only be changed by a Change Order. 2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days. Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order. 3. Notice of the amount of the request for adjustment in the Contract Times with supporting data shall be delivered within seven (7) Days after such start of occurrence. No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed. 4. City may elect, at City’s sole discretion, to grant an extension in Contract Times, without Contractor’s request, because of delays or other factors. 5. Use of Float and Critical Path. a. Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. b. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float.Contractor shall not be entitled to compensation, and City will not compensate Contractor, for delays which impact early completion. 6. Contractor’s entitlement to an extension of the Contract Times is limited to a City- caused extension of the critical path, reduced by the Contractor’s concurrent 61147.02100\20950242.5 -93- 00 72 13 – GENERAL CONDITIONS delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time. a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts or failures to act of utility owners not under the control of City, or other causes not the fault of and beyond control of City and Contractor, then Contractor shall be entitled to an time extension when the Work stopped is on the critical path. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. Contractor must submit a timely request in accordance with the requirements of this Article. c. Utility-Related Delays. i. Contractor shall immediately notify in writing the utility owner and City’s Representative of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with this Article. ii. Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey. 7. Content for Requests for Contract Extension. Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include: a. Each request for an extension of Contract Time must identifythe impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects. b. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the Contemporaneous Impacted As-Planned Schedule Analysis to calculate the impact of the delay event. 61147.02100\20950242.5 -94- 00 72 13 – GENERAL CONDITIONS 8. No Damages for Reasonable Delay. a. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. b. Damages caused by unreasonable City delay that impact the critical path, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be compensated at the Daily Rate established in the Special Conditions. No other calculations, proportions or formulas shall be used to calculate any delay damages. c. City and City’s Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or 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) sustained by Contractor on or in connection with any other project or anticipated project. 9. Contractor’s failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Times. Such failure, neglect, or refusal prejudices City’s and City’s Representative’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such extensions may be warranted. Contractor hereby waives all rights to extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article. ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT A. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. When the Work has been accepted there shall be paid to Contractor a sum equal to the contract price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the contract. The final five percent (5%), or the percentage specified in the notice inviting bids where the City has adopted a finding of substantially complete, shall not become due and payable until five (5) calendar days shall have elapsed after the expiration of the period within which all claims may be filed under the provisions of Civil Code section 9356. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the contract price less any amounts due the City under the terms of the Contract. B. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the notice inviting bids where the City has adopted a finding of substantially complete, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims 61147.02100\20950242.5 -95- 00 72 13 – GENERAL CONDITIONS and all liability to Contractor for all things done or furnished in connection with this work and for every act of negligence of the City and for all other claims relating to or arising out of this work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this contract. C. In case of suspension of the contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the contract price. D. Final payment shall be made no later than 60 days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136. In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. E. Within ten (10) calendar days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its subcontractors from whom retention has been withheld each subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular subcontractor, payment of the retention shall be made to the designated subcontractor if the payment is consistent with the terms of the subcontract. ARTICLE 46. OCCUPANCY The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract.This use shall not relieve the Contractor of its responsibilities under the Contract. ARTICLE 47. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against: A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, 61147.02100\20950242.5 -96- 00 72 13 – GENERAL CONDITIONS however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers. B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements. C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 44, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law. A. Intent.Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less.Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. 61147.02100\20950242.5 -97- 00 72 13 – GENERAL CONDITIONS and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes. B. Claims.For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 44 “Changes and Extra Work” has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City.A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 44, Changes and Extra Work, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim.The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. C. Supporting Documentation. The Contractor shall submit all claims in the following format: 1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made 2. List of documents relating to claim: a. Specifications b. Drawings c. Clarifications (Requests for Information) d. Schedules e. Other 3. Chronology of events and correspondence 4. Analysis of claim merit 5. Analysis of claim cost 6. Time impact analysis in CPM format 61147.02100\20950242.5 -98- 00 72 13 – GENERAL CONDITIONS 7. If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 8. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq. D. City’s Response.Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement. 1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 2. Within 30 Days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute. F. Mediation.Within 10 business Days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the 61147.02100\20950242.5 -99- 00 72 13 – GENERAL CONDITIONS Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. 1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 2. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. 4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. G. Procedures After Mediation.If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference. H. Civil Actions.The following procedures are established for all civil actions filed to resolve claims of $375,000 or less: 1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The 61147.02100\20950242.5 -100- 00 72 13 – GENERAL CONDITIONS Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. I. Government Code Claims.In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. J. Non-Waiver.The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety. ARTICLE 49. CITY’S RIGHT TO TERMINATE CONTRACT A. Termination for Cause by the City: 1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its Surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations. 2. In the event that the City serves such written notice of termination upon the Contractor and the Surety, the Surety shall have the right to take over and perform the Contract. If the Surety does not: (1) give the City written notice of Surety's 61147.02100\20950242.5 -101- 00 72 13 – GENERAL CONDITIONS intention to take over and commence performance of the Contract within 15 calendar days of the City's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the City's service of said notice upon Surety; then the City may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor. 3. In the event that the City elects to obtain an alternative performance of the Contract as specified above: (1) the City may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and reasonably necessary for such completion (A special lien to secure the claims of the City in the event of such suspension is hereby created against any property of Contractor taken into the possession of the City under the terms hereof and such lien may be enforced by sale of such property under the direction of the Citywithout notice to Contractor. The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the City against Contractor, the balance will be paid to Contractor or Contractor’s legal representatives.); and (2) Surety shall be liable to the City for any cost or other damage to the City necessitated by the City securing an alternate performance pursuant to this Article. B. Termination for Convenience by the City: 1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest. 2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination. 3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations: a. Stop Work as specified in the Notice. b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents. c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. 61147.02100\20950242.5 -102- 00 72 13 – GENERAL CONDITIONS d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated. e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract. f. Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” 4. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed. 5. In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts: a. All actual reimbursable costs incurred according to the provisions of this Contract. b. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs. c. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article. C. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated. ARTICLE 50. WARRANTY AND GUARANTEE OF WORK A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in 61147.02100\20950242.5 -103- 00 72 13 – GENERAL CONDITIONS its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above- mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand. C. In addition to the warranty set forth in this Article, Contractor shall obtain for City all warranties that would be given in normal commercial practice and assign to City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article.Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City as required. D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor. E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property. F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repairor otherwise remedy the defect, or damage at the Contractor’s expense. 61147.02100\20950242.5 -104- 00 72 13 – GENERAL CONDITIONS G. In the event of any emergency constituting an immediate hazard to health,safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition. H. Acceptance of Defective Work. 1. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, City may do so. Contractor shall pay 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) attributable to City’s evaluation of and determination to accept such Defective Work and for the diminished value of the Work. 2. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by City. 3. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City. 4. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to City. I. City May Correct Defective Work. 1. If Contractor fails within a reasonable time after written notice from City’s Representative to correct Defective Work, or to remove and replace rejected Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) Days’ written notice to Contractor, correct, or remedy any such deficiency. 2. In connection with such corrective or remedial action, City 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, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City and City’s Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable City to exercise the rights and remedies to correct the Defective Work. 3. 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) incurred or sustained by City correcting the Defective Work will be charged against Contractor, and a Change 61147.02100\20950242.5 -105- 00 72 13 – GENERAL CONDITIONS Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. 4. 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 Defective Work. 5. If the Change Order is executed after all payments under the Contract have been paid by City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City. 6. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to City. 7. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to City correcting Defective work. J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15. ARTICLE 51. DOCUMENT RETENTION & EXAMINATION A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City,for a period of four (4) years after final payment. ARTICLE 52. SEPARATE CONTRACTS A. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents. 61147.02100\20950242.5 -106- 00 72 13 – GENERAL CONDITIONS C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site. ARTICLE 53. NOTICE AND SERVICE THEREOF All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification. ARTICLE 55. STATE LICENSE BOARD NOTICE Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. ARTICLE 56. INTEGRATION A. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents. B. Contract Documents Represent Entire Contract.The Contract Documents represent the entire agreement of the City and Contractor. 61147.02100\20950242.5 -107- 00 72 13 – GENERAL CONDITIONS ARTICLE 57. ASSIGNMENT OF CONTRACT Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code. ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds. ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. ARTICLE 60. PROHIBITED INTERESTS No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract. ARTICLE 61. CONTROLLING LAW Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions. ARTICLE 62. JURISDICTION; VENUE Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of Orange County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action. 61147.02100\20950242.5 -108- 00 72 13 – GENERAL CONDITIONS ARTICLE 63. LAWS AND REGULATIONS A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom. B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations. ARTICLE 64. PATENTS Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this contract. ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the Work. ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible. ARTICLE 67. SURVIVAL OF OBLIGATIONS All reresentations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. END OF GENERAL CONDITIONS 61147.02100\20950242.5 -109- 00 73 13 – SPECIAL CONDITIONS 00 73 13 – SPECIAL CONDITIONS 1.1 Engineer of Record. A. For purposes of this Project, the Engineer of Record or Engineer shall be: Sean Nazari. 1.2 Location of the Project. A. The Project is located at Paseo Adelanto and Ramos Street. B. The general location of the Project is shown on City Drawing No. 1. 1.3 Shared Cost Savings for Reductions in Contract Price; Value Engineering. N/A 1.4 Status of the Project Area and Rights-of-Way. A. City, at its expense, will provide all rights-of-way or permits, or both, covering the crossing of private property and public and private rights-of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority, e.g., Caltrans or Union Pacific Railroad Company, before Contractor enters upon any property or right-of-way under the jurisdiction of any such controlling authority for the purpose of performing Work. B. Cityhas acquired or is negotiating to acquire any rights-of-way, or both, necessary for the permanent Work. C. If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents. D. Contractor may be required, as a condition for receiving final payment, to obtain, and provide City’s Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work. The damage releases will be on a form provided by City. E. Contractor shall, also, as a condition for receiving final payment, obtain, and provide City’s Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by City. 1.5 Designation of City’s Representative. A. Unless otherwise modified by City, City’s Representative shall be Paul Meshkin/ Senior Civil Engineer. 61147.02100\20950242.5 -110- 00 73 13 – SPECIAL CONDITIONS 1.6 Project Retention In accordance with Public Contract Code § 7201, City will withhold 5% of each progress payment as retention on the Project. A. 1.7 Liquidated Damages Due to Contractor Delay. A. Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, City will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, City shall therefore be entitled to $500 per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified. B. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent City, in case of Contractor's default, from terminating the Contractor. 1.8 Utility Outages – Notices to Residents. A. Should Contractor’s operations require interruption of any utility service, Contractor shall notify City at least ten (10) Days prior to the scheduled outage. Contractor will notify all impacted residents on a form provided by City at least seven (7) Days prior to the scheduled outage. B. Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage. C. END OF SPECIAL CONDITIONS 61147.02100\20950242.5 -111- 01 00 00 – GENERAL REQUIREMENTS 01 00 00 – GENERAL REQUIREMENTS PART 1 -- GENERAL 1.1 DESCRIPTION A. Work to be done in general will consist of grading, removal and construction of asphalt and Portland cement concrete, furnishing and placing of gravel per plans, parking lot signing and striping, removal and installation of lighting and related electrical improvements. 1.2 RELATED REQUIREMENTS SPECIFIED ELSEWHERE PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 LAYOUT OF WORK AND QUANTITY SURVEYS A. General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed. City and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work. Primary control consists of benchmarks and horizontal control points in the vicinity of the Work. A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary control, and shall advise the City Representative of any discrepancies. B. Quantity surveys. The Contractor shall perform such surveys and computations as are necessary to determine quantities of Work performed or placed during each progress payment period, and shall perform all surveys necessary for the City Representative to determine final quantities of Work in place. The City Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades. If requested by the City Representative, the Contractor shall provide an electronic copy of data used for quantity computations. All surveys performed for measurement of final quantities of Work and material shall be subject to approval of City’s Representative. Unless waived by City’s Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of City’s Representative. C. Surveying 61147.02100\20950242.5 -112- 01 00 00 – GENERAL REQUIREMENTS 1. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following: (a) Right-of-way and alignment of tangents and curves shall be within 0.1 foot. (b) Structure points shall be set within 0.01 foot, except where operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work. (c) Cross-section points shall be located within 0.1 foot, horizontally and vertically. (d) Aerial Mapping shall meet National Mapping Standards for 2-foot contour intervals. D. Records. Survey data shall be recorded in accordance with recognized professional surveying standards. Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents. E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys. No additional compensation shall be made to the Contractor for this Work. 3.2 SCHEDULE A. Estimated Schedule. Within 14 Days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer. B. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. The overall Project Schedule duration shall be within the Contract time. 61147.02100\20950242.5 -113- 01 00 00 – GENERAL REQUIREMENTS C. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer. Contractor shall also submit schedules showing a three week detailed look-ahead at bi-weekly meetings conducted with the City. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. 3.3 TEMPORARY FIELD OFFICE A. Utility Services. Contractor, at its expense, shall arrange for, develop and maintain all utilities, including but not limited to water, electric power, sewage disposal and telephone communications, at the Site to meet the requirements of the Work. B. Sanitation. The Contractor shall provide sanitary facilities for all persons working on the project. These facilities shall be kept clean and shall not be unsightly or produce odors. 3.4 PROTECTION OF WORK AND PROPERTY A. All traffic detector loops, fences, walls, culverts, property line monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition. If Contractor provides the City with reasonable notice of the need for such repair or replacement, it shall be performed by the City. If the Contractor fails to provide the City with reasonable notice, the repair or replacement shall be performed by and at the expense of the Contractor to the satisfaction of the City, whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its expense a Licensed Land Surveyor to restore all property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the City at no expense to the Contractor, provided the City is notified at least 48 hours before the property line monuments are damaged. B. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions. C. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall: 1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2. Provide substantial barricades around any shrubs or trees indicated to be preserved. 61147.02100\20950242.5 -114- 01 00 00 – GENERAL REQUIREMENTS 3. Deliver materials to the Project site over a route designated by the Engineer. 4. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor. 5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials. 6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City. 7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9. At the completion of work each day, leave the Project site in a clean, safe condition. 10. Comply with any stage construction and traffic control plans. Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the City. D. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore. E. Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs. 3.5 SITE CONDITIONS SURVEYS A. Work Included. Contractor shall conduct thorough pre-construction and post-construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area. 61147.02100\20950242.5 -115- 01 00 00 – GENERAL REQUIREMENTS The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction. B. Submittals. 1. Written documentation of site condition survey at pre-construction and post- construction. 2. Photographs as described herein of pre-construction and post-construction conditions. 3. Video recordings as described herein of pre-construction and post-construction conditions. 4. Submittals shall be made within three days of the surveys. All post-construction data shall be submitted prior to the final project inspection. C. Site Condition Written Documentation. Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities, fences, and etc. within the work areas. D. Photographs. 1. General – Contractor shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construction. Pre-construction photographs shall be taken prior to any construction or mobilization of equipment, but not more that one week prior to actual start of work. The pre-construction photographs may be staged at different times to match the progression of the Work. 2. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to: sidewalk cracks, broken curbs, separated property walls, improvements within public right-of-ways, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer. Private property that is adjacent to the public right-of-way shall be documented to the extent visible from the public right-of-way. 3. Photographs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and other damaged areas being recorded. Scaling shall also be used to document elevation differences, as needed. 4. One set of color prints shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega- pixels. All photos shall be documented as to time and date taken, photographer, 61147.02100\20950242.5 -116- 01 00 00 – GENERAL REQUIREMENTS project number, location, and orientation. Documentation shall include a brief description of objects photographed. E. Video Recording. 1. Video recordings shall document the conditions of the entire area affected by construction, as well as nearby structures and facilities. The general documentation requirements for videos are the same as for photographs. Video recorders shall accurately and continuously record the time and date. 2. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted. 3. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities. 4. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures. 5. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected. 6. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information. Recordings shall be submitted on standard DVDs in a standard format. F. Timing. Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor shall provide the Engineer with an opportunity to have a representative present when taking the photos and provide guidance during photographing. G. Site Surveyor. The site condition surveyor(s) shall be experienced in construction and potential damage concerns. The site condition surveyor(s) shall be familiar with the photography and video equipment being used. H. Field Quality Control. 61147.02100\20950242.5 -117- 01 00 00 – GENERAL REQUIREMENTS Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled. I. Soils Compaction Testing. 1. All soils compaction testing will be done by a licensed geotechnical engineer furnished by the City. Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete. 2. For pipeline construction, soil compaction testing will be done at 100-foot intervals at the bottom of the trench prior to placement of pipe bedding; at the top of the pipe bedding above the pipe; every two vertical feet of trench backfill; at the top of the trench backfill, which sould be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction. 3.6 SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS A. General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to City in accordance with Contract Documents. B. Technical Manuals. 1. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and understood by City’s operation and maintenance staff. 2. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." "Categories" shall conform to the following (as applicable): (a) Category 1 - Equipment Summary: (1) Summary: A summary table shall indicate the equipment name, equipment number, and process area in which the equipment is installed. (b) Category 2 - Operational Procedures: (1) Procedures: Manufacturer-recommended procedures on the following shall be included in Part 2: a. Installation b. Adjustment c. Startup d. Location of controls, special tools, equipment required, or related instrumentation needed for operation e. Operation procedures 61147.02100\20950242.5 -118- 01 00 00 – GENERAL REQUIREMENTS f. Load changes g. Calibration h. Shutdown i. Troubleshooting j. Disassembly k. Reassembly l. Realignment m. Testing to determine performance efficiency n. Tabulation of proper settings for all pressure relief valves, low and high pressure switches, and other protection devices o. List of all electrical relay settings including alarm and contact settings (c) Category 3 - Preventive Maintenance Procedures: (1) Procedures: Preventive maintenance procedures shall include all manufacturer-recommended procedures to be performed on a periodic basis, both by removing and replacing the equipment or component, and by leaving the equipment in place. (2) Schedules: Recommended frequency of preventive maintenance procedures shall be included. Lubrication schedules, including lubricant SAE grade, type, and temperature ranges, shall be covered. (d) Category 4 - Parts List: (1) Parts List: A complete parts list shall be furnished, including a generic description and manufacturer's identification number for each part. Addresses and telephone numbers of the nearest supplier and parts warehouse shall be included. (2) Drawings: Cross-sectional or exploded view drawings shall accompany the parts list. (e) Category 5 - Wiring Diagrams: (1) Diagrams: Part 5 shall include complete internal and connection wiring diagrams for electrical equipment items. (f) Category 6 - Shop Drawings: (1) Drawings: This part shall include approved shop or fabrication drawings, complete with dimensions. 61147.02100\20950242.5 -119- 01 00 00 – GENERAL REQUIREMENTS (g) Category 7 - Safety: (1) Procedures: This part describes the safety precautions to be taken when operating and maintaining the equipment or working near it. (h) Category 8 - Documentation: (1) All equipment warranties, affidavits, and certifications required by the Technical Specifications shall be placed in this part. 3. The Contractor shall furnish to City six (6) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder. C. Spare Parts List - The Contractor shall furnish to City six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment. The spare parts list shall include the current list price of each spare part. The spare parts list shall include those spare parts which each manufacturer recommends be maintained by City in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist City in ordering. The Contractor shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder. D. Record Drawings 1. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date. 2. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. 3. Record drawings shall be accessible to City’s Representative at all times during the construction period. Failure on the Contractor’s part to keep record drawings current could result in withholding partial payment. 4. Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to City’s Representative. The information submitted by the Contractor will be assumed to 61147.02100\20950242.5 -120- 01 00 00 – GENERAL REQUIREMENTS be correct, and the Contractor shall be responsible for, and liable to City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings. E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall be included in Contractor’s bid and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work. 3.7 MATERIALS A. Materials to be Furnished by the Contractor 1. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by City’s Representative: at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to City’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made. 2. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform City’s Representative, in writing, the date the material is to be manufactured. 3. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents. Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to City’s inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to accommodate City’s testing efforts, including any travel required by Contractor’s forces, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items related to the materials requiring testing. No additional compensation shall be made to the Contractor for this Work. 3.8 LOCAL CONDITIONS AND REQUIREMENTS A. Access to Work and Haul Routes 1. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor. 2. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations 61147.02100\20950242.5 -121- 01 00 00 – GENERAL REQUIREMENTS that affect or may affect transportation and ingress or egress at the Site. Claims for changes in Contract Price or Contract Times arising out of the unavailability of transportation facilities or limitations thereon shall not be considered by City. 3. The Contractor shall maintain and repair any damage arising out of Contractor’s operations to all roads used during construction of the Project, and upon completion of all Work, but prior to final acceptance, the roads shall be restored to their original condition. Prior to using any road for access to the Site, the Contractor shall conduct a photograph and/or video survey of the roadway with a copy submitted to City’s Representative. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. B. Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract. C. Construction Water. 1. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract. 2. All connections to the City's water system used for the purposes of obtaining construction water shall utilize a temporary construction meter and backflow prevention device supplied by the City. The City-furnished backflow prevention device shall be tested immediately after installation and the construction meter and backflow prevention device shall not be placed into service until the backflow prevention device passes such tests. Backflow prevention device testing shall be performed in accordance with applicable standards, and test results shall be provided to the Engineer. If the temporary construction meter and backflow prevention device are moved to alternate location(s) during construction, the backflow prevention device shall again be tested as described above immediately after re-installation. 3. For each temporary construction meter requested by the Contractor for the performance of work under this contract, an amount equivalent to the deposit requirement for temporary construction meters listed in the current approved version of the City’s Policies and Procedures Manual shall be withheld from the final contract payment until the temporary construction meters are returned. D. Operation of Existing Water Facilities 1. The Contractor shall not operate any of the existing water systems, including pumps, motors, and hydrants, but shall contact the City two (2) working days in advance with a list and location of the water system facilities that will require operating, opening, stopping, or closure by the City. 61147.02100\20950242.5 -122- 01 00 00 – GENERAL REQUIREMENTS 2. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The City will perform all notification to existing customers regarding temporary loss of service. 3. Contractor shall submit a request on City’s standard form for any shut-down of existing water facilities. 4. [**INSERT CONTRACTOR’S NOTICE (DOOR HANGERS) REQUIREMENTS, IF ANY**]. E. Construction at Existing Utilities 1. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities. 2. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities. 3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. F. Traffic Control 1. General. Contractor shall abide by traffic control plans approved by the appropriate jurisdiction. 2. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site. 61147.02100\20950242.5 -123- 01 00 00 – GENERAL REQUIREMENTS 3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. G. Cleaning Up 1. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water. 2. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor. 3.9 ENVIRONMENTAL QUALITY PROTECTION A. Environmental Conditions 1. Contractor must comply with all applicable environmental laws, Project conditions, and constraints. 2. City has considered these Environmental Conditions when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Conditions. B. Landscape and Vegetation Preservation 1. General. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work. 2. Damage and Restoration. Movement of crews and equipment within the rights-of- way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. 3. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in 61147.02100\20950242.5 -124- 01 00 00 – GENERAL REQUIREMENTS Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. C. Protected Species 1. General. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within 2 Days. 2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. 3. False Siting. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. D. Preservation of Historical and Archeological Resources 1. General. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor notify the Construction/Archeological Monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or City within 2 Days. 2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to 61147.02100\20950242.5 -125- 01 00 00 – GENERAL REQUIREMENTS preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. 3. Contractor’s Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. E. Dust and Pollution Control 1. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site. 2. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency. 3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. F. Fugitive Dust NOT USED. OR 1. In addition to all other environmental and air quality requirements of the Contract Documents, Contractor must also comply with the most recent version of any rules implemented by the Air Quality Management City (AQMD) with jurisdiction over the Project in order to reduce the amount of particulate matter entrained in the ambient air as a result of the Project. All equipment shall be AQMD compliant and permitted, as needed. 2. City has considered these other requirements when determining the Contract Times and no additional time or compensation will be added to the Contract due to these requirements. G. Management of Storm, Surface and Other Waters 61147.02100\20950242.5 -126- 01 00 00 – GENERAL REQUIREMENTS 1. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. Contractor acknowledges that it has investigated the risk arising from such waters in conjunction with the Project, and assumes any and all risks and liabilities arising therefrom. 2. The Contractor shall perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply. 3. Contractor violations. If noncompliance should occur, the Contractor shall report this to the City Representative immediately, with the specific information submitted in writing within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in City stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or additional compensation by reason of such a work stoppage. Corrective measures required to bring activities into compliance shall be at the Contractor's expense. 4. Compliance with Construction General Storm water Permit. Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (Permit) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development. (a) Contractor shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for the Project site based on the appropriate Risk Level requirements, and draft and coordinate submittal of all Permit related documents with City’s Legally Responsible Person and/or Authorized Signatory as those terms are defined in the Permit. The Contractor shall submit the SWPPP to the City Representative for review not less than fifteen (15) Days prior to the start of on- site construction work. City will file the Notice of Intent and pay the filing fee. (b) The SWPPP shall be developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit and shall include industry standard requirements for water quality control including but not be limited to the following: (1) Sediment and erosion control measures to manage sediment and erosion including vegetative practices, structural control, silt fences, straw dikes, sediment controls or operator controls as appropriate. Storm water management measures shall be instituted as required, 61147.02100\20950242.5 -127- 01 00 00 – GENERAL REQUIREMENTS including velocity dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment. (2) Wastewater and storm water management controls to divert offsite surface flows around the Project site and to divert surface flows within the Project area away from areas of open earth or stockpiles of building and other materials. Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-storm water discharge requirements listed in State Board Water Quality Order No. 2009-0009-DWQ, Section III.C., including proper notification to the Regional Water Board. (3) Pollution prevention measures including methods of dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters. (4) Turbidity prevention measures for prevention of excess turbidity including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved methods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall contain the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Elimination System (NPDES) permit. (5) Overall construction site management measures to address changes at the Project site as the Project moves through different phases and changes that account for rainy and dry season management practices. (6) Pollution control measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to: refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution. (7) Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse. (8) Develop and implement a Rain Event Action Plan (REAP), if required, that must be designed and implemented to protect all exposed portions of the site 48 hours prior to any likely precipitation event. (9) Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited 61147.02100\20950242.5 -128- 01 00 00 – GENERAL REQUIREMENTS to annual reports and rain event reports. (c) Before any Permit related documents, including the SWPPP, rain event reports, or annual reports may be submitted to the State Board or implemented on the Project site, they must first be reviewed and approved by City. (d) City retains the right to procure and maintain coverage under the Permit for the Project site if the Contractor fails to draft a SWPPP or other Permit related document, or fails to proceed in a manner that is satisfactory to City. City reserves the right to implement its own SWPPP at the Project site, and hire additional contractors to maintain compliance. Whether Contractor has adequately maintained compliance with the Permit shall be City’s sole determination. In the event that Contractor has failed or is unable to maintain compliance with the Permit, any costs or fines incurred by City in implementing a SWPPP, or otherwise maintaining compliance with the Construction General Permit shall be paid by the Contractor. (e) Failure to implement the SWPPP or otherwise comply with the Permit is a violation of federal and state law. Contractor hereby agrees to indemnify City as required by the Contract Documents for any noncompliance or alleged noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of City. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the Permit. 5. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters off of the Project site. 6. Oil storage tanks management. (a) Storage tank placement. All oil or other petroleum product (hereinafter referred to collectively as oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source. (b) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the capacity of all tanks and/or containers located within each area, plus a sufficient amount of freeboard to contain the 25-year rainstorm. (c) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil. (d) Spill Prevention Control and Countermeasure Plan (SPCC). Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall 61147.02100\20950242.5 -129- 01 00 00 – GENERAL REQUIREMENTS submit the SPCC Plan to the Engineer at least 30 days prior to delivery or storage of oil at the site. The Plan must have been reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112 7. Underground tank prohibition. The Contractor shall not use underground storage tanks. 8. Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States Bureau of Reclamation's publication “Reclamation Safety And Health Standards.” 9. Other Permits. (a) Other permits applicable to the Project are listed in the Special Conditions. The Contractor shall obtain all other necessary licenses and permits. (b) Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections. (c) Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract. 10. Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitate the water pollution prevention measures required by this paragraph. END OF GENERAL REQUIREMENTS 61147.02100\20950242.5 -130- 01 00 00 – GENERAL REQUIREMENTS SP1 of SP9 RAMOS STREET PARKING LOT EXPANSION CIP 20204 SPECIAL PROVISIONS Bid Item 1: BONDING, MOBILIZATION AND INSURANCE Mobilization shall be in accordance with Article 6 under Instructions to Bidders, Subsection 7-3.4 “Mobilization,” of the Standard Specifications, and these special provisions. Mobilization shall consist of the following: • Preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, incidentals to the project site • Cleaning up the site at the completion of project • Establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project • All other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site • Demobilization costs anticipated at the completion of the project. Bonding shall be in accordance with Article 25 under Instructions to Bidders. Insurance shall be in accordance with Article 25 under Instructions to Bidders and Articles 38 and 39 under General Conditions. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in mobilization. No additional compensation will be allowed for additional mobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. Payment for mobilization, site cleanup at the completion of the project, additional mobilizations, cost of all bonds and insurance policies, and all costs incurred prior to beginning work shall be considered to be included in the contract lump sum price paid for Mobilization and no additional compensation will be allowed. Payment for Initial Mobilization shall be the lump sum price provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. Payment for Mobilization/Demobilization shall be at the contract LUMP SUM price and shall be payable as follows for each payment upon approval of the Engineer: a. Payment of 50 percent (less retention) of the contract lump sum bid price for Mobilization/Demobilization at the first progress payment. SP2 of SP9 b. Payment to 75 percent (less retention) of the contract lump sum bid price for Mobilization/Demobilization when the monthly partial payment estimate of the base bid earned to date, not including the amount earned for Mobilization/Demobilization, is 50 percent or more of the contract base bid amount; and c. Payment to 100 percent (less retention) of the contract lump sum bid price for Mobilization/Demobilization when the monthly partial payment estimate of the base bid earned to date, not including the amount earned by mobilization, is 90 percent or more of the contract base bid amount. Bid Item 2: PREPARATION AND ONGOING IMPLEMENTATION OF STORM WATER POLLUTION PREVENTION PLAN (SWPPP) Refer to Article 3.9 of General Requirements. Work includes compliance with all the requirements under Section 3.9 ENVIRONMENTAL QUALITY PROTECTION under General Requirements. The Contractor shall comply with the requirements of Subsection 3-12.6 “Water Pollution Control” of the Standard Specifications, requirements in the State Construction General Permit (CGP) Order 2009-0009-DWQ and shall conduct his operations so as to prevent Portland cement, mud, silt or other materials from entering the surface drainage structures of the adjoining street and any underground storm drainage system. The Contractor shall implement the approved Erosion Control Plan and shall obtain approval from the Engineer prior to start of construction. Full compensation for implementation of the approved Erosion Control Plans, prevention of water pollution and all required control work for preservation, clean-up and restoration of damaged property shall be considered as included in the lump sum price bid. No separate payment will be allowed. Bid Item 3: TRAFFIC CONTROL Refer to Article 20 of the General Conditions and Article 3.8 of General Requirements. Traffic controls, including but not limited to vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with Article 20 of General Conditions and Section 601 of latest edition of the Standard Specifications, including all its subsequent amendments, and the latest edition of the California Manual on Uniform Traffic Control Devices and these special provisions. Nothing in these special provisions shall be construed as relieving the contractor from his or her responsibility to provide for the safety and convenience of traffic and the public during construction. Convenient and safe pedestrian access to occupied residential and business property shall be maintained at all times. Access to mailboxes must be maintained at all times such that the postal delivery service is not interrupted. Trash pick-up service shall not be interrupted. Access to vacant and unused property may be restricted when approved by the Engineer. Both vehicular and pedestrian access shall be maintained at all times to other property except as otherwise specifically authorized in writing by the Engineer. Stockpiling and/or storage of materials on any public right-of-way or parking areas will not be SP3 of SP9 allowed without specific permission of the Engineer. Materials spilled along or on said right-of- way or parking areas shall be removed completely and promptly. All stockpile and/or storage shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work. Traffic control shall include furnishing all labor, materials, tools, equipment, flaggers, lights, channelizers, temporary railing, temporary striping, barriers, portable flashing lights, flashing arrow signs, door hangers, changeable message signs, and incidentals required to comply with the provisions specified and referred to herein above. Payment for traffic control shall be paid per the lump sum price bid. No separate payment shall be allowed. Bid Item 4: CLEARING AND GRUBBING Clearing and grubbing shall be performed in accordance with the plans, Section 300-1, "Clearing and Grubbing," of the Standard Specifications and these Special Provisions. Clearing and grubbing shall include removal of all existing natural and artificial objectionable materials from the right-of-way in construction areas, road approaches, material sites within the right-of-way not specifically addressed in these special provisions and within the limits of temporary construction easement, only with prior approval of the Engineer. Tree pruning/root trimming shall be performed as necessary for curb, gutter and asphalt construction as well as other related work. This work shall only be done with the express approval of the Engineer. All materials shall be removed as approved by the Engineer. This work shall be performed in advance of grading and paving operations and in accordance with section 300-1 of the Standard Specifications. Full compensation for conforming to the requirements of this article shall be considered as included in contract bid prices paid for the various items of work and no additional compensation will be allowed therefor. Bid Item 5: CONSTRUCTION SURVEY Work includes compliance with all the requirements under Section 3.1 3.1 LAYOUT OF WORK AND QUANTITY SURVEYS under General Requirements, furnishing surveying equipment, stakes, flags, pins, lath, whiskers, and other materials necessary to set and maintain construction stakes or marks as necessary to achieve the required accuracy and to support the method of operations, subject to the engineer’s approval. Payment for Construction Survey shall be paid per the lump sum price bid. No separate payment shall be allowed. Bid Item 6: REMOVE EXISTING ELECTRICAL PULL BOX Existing electrical pull box and its associated conduits and wires within the parking lot shown on the plans shall be removed and backfilled with native soil and gravel and set to the finish grade. SP4 of SP9 Payment to remove pull box will be made at the contract unit price per EACH and shall constitute full compensation for this work. Bid Item 7: REMOVE AND SALVAGE EXISTING LIGHT POST AND FLOOD LIGHT Existing light posts and fixtures shall be removed and delivered to the City yard. Work includes removal of any interfering portion of the post footing and/or underground conduits and wires. Affected area shall be backfilled with native soil and gravel and set to the finish grade. Payment to remove light post will be made at the contract unit price per EACH and shall constitute full compensation for this work. Bid Item 11: ASPHALT CONCRETE PAVEMENT AND BASE REMOVAL Work shall consist of saw-cutting and removal of existing pavement and base material to the required sub-grade, including asphalt concrete pavement, aggregate base or other materials which may be encountered within the proposed structural sections. All work shall conform to the provisions in Section 401, "Removal," of the Standard Specifications, and these Special Provisions. Removal of existing AC pavement and Base as shown on the plans shall include conformance to the provisions of Section 401, "Removal," of the Standard Specifications and these Special Provisions. All AC pavement to be removed shall be machine saw cut. In no instance shall the saw-cut depth be less than one and one (1-½) inches in depth. It is the contractor’s responsibility to determine the method of removal that best satisfies the project requirements. Payment for Removal of AC and Base shall be per SQUARE FOOT unit price bid for Sawcut and Remove Existing AC Pavement and Base and will be considered full compensation for furnishing all labor, tools, equipment, and materials necessary for saw cutting, removal and disposal of the existing asphalt concrete and base material and no additional compensation will be allowed therefor. Bid Items 12 & 13: PORTLAND CEMENT CONCRETE REMOVAL All PCC removal work shall conform to the provisions in Section 401, "Removal" of the Standard Specifications, and these Special Provisions. Removal of existing concrete Curb & Gutter and Sidewalk shall include sawcut and removal of concrete, base material and subgrade as necessary and per these special provisions. All PCC (concrete) pavement removals shall be machine saw cut. Pavement saw-cut shall be made so that removal is to the saw-cut line at score line or joint without additional cracking or breakage beyond the saw-cut line. Payment for PCC removal shall be at LINEAL FOOT unit price bid for Curb and Curb & Gutter and at SQUARE FOOT unit price bid for Sidewalk, and shall include all costs of removal of existing SP5 of SP9 improvements and base material, as necessary. Bid Item 14: ADJUST TO GRADE MONITORING WELL COVER IN CONCRETE PAD The frame and cover of the monitoring well shown on the plans shall be set to the finish grade by the Contractor. Work, measurement and payment for this item shall comply with Section 403 “Manhole Adjustment and Reconsruction” of the Standard Specifications. Payment to Adjust Monitoring Well Cover to grade shall be made at the contract unit price per EACH and shall constitute full compensation for removal of concrete pad, new concrete and adjusting the cover and frame to grade as approved by the Engineer and no additional compensation will be allowed. Bid Item 15: ADJUST PULL BOX, UTILITY COVER AND FRAME TO GRADE All gas, water and other underground utility covers, valve cans and lids, within the areas to be graded or paved shall be adjusted to grade in accordance with the requirements of their respective owners. The Contractor shall clean the interiors of all debris. It is the Contractor's responsibility to verify the number and location of these structures and to notify the owners thereof prior to doing this work. Valves, valve boxes and valve covers within an area to be paved, graded or overlaid shall be set to the finish grade by the contractor. It shall be the responsibility of the Contractor to obtain written approval from the Engineer prior to setting valves to finish grade. In any event, it shall be the responsibility of the Contractor to identify, locate and protect in place all existing utilities including but not limited to manholes, valves and pull boxes, unless otherwise directed by the Engineer. Payment to adjust pull box and/or valve to grade shall be made at the contract unit price per EACH and shall constitute full compensation for all labor, materials, tools, and equipment to disconnect, reset, reconnect and provide any required repaving as a result of adjusting the valve to grade as approved by the Engineer and no additional compensation will be allowed. Bid Item 16: CONSTRUCT MIN. 6-INCH THICK GRAVEL OVER NATIVE SUBGRADE COMAPCTED TO A MIN. RELATIVE DENSITY OF 90% TO A DEPTH OF 6 INCHES Work shall consist of removing the topsoil as placing it in lower elevations as necessary to match adjacent existing surface, compaction of the native soil subgrade to a relative density of 90% to a depth of 6 inches, and placing and compaction of 6 inches of ¾-inch gravel to a relative density of 90%. Gravel shall meet the requirements of Section 200 of the Standard Specifications. Payment for Gravel over Compacted Subgrade will be considered full compensation for grading, compaction, and furnishing and placing gravel as required herein. SP6 of SP9 Bid Item 17 TO 20: CONSTRUCT PCC IMPROVEMENTS The installation of curb, curb & gutter, depressed curb for driveway approach, sidewalk, sidewalk obstruction flare, walkways, driveway approach, and appurtenant PCC improvement shall be constructed in the areas designated herein and shall comply with Subsections 302-6 and 303-5 of the Standard Specifications, City Standards and as shown on the plans. All improvements shall be constructed of concrete prepared in accordance with Subsection 201- 1 of the Standard Specifications using symbol designation class 520-C-2500. The certified tickets accompanying each batch of ready-mix concrete delivered to the job site shall clearly show the "class designation" of the specified concrete mix in addition to the requirements of Subsection 201-1.4.3, "Transit Mixers" of the Standard Specifications. Curb & Gutter: Curb and Gutter construction shall be constructed as shown on the plans and City standard plan 301 and modified only as required and approved by the Engineer. Curb and Gutter shall be constructed over 6 inches of CMB. All affected irrigation and planting shall be repaired by the Contractor to the satisfaction of the Engineer. Depressed Curb for Driveway Approach: Depressed Curb for driveway approach shall be constructed as shown on the plans and shall include construction of the adjacent 4-ft wide sidewalk. Sidewalk Improvements: Improvements shall conform to the requirements of Subsection 303- 5.4 of the Standard Specifications except: Sidewalk construction shall conform to City of San Juan Capistrano Std. Plan 330. Walkway replacement needed to join new sidewalk shall be in kind to the walkway removed or as directed by the Engineer's representative. Repair all planting and irrigation affected by the work to the satisfaction of the Engineer. Driveways: Driveway construction shall conform to OCPW standard plan 1209 and SPPWC standard plan 110-2 and shall include new construction as shown on the plans and modified only as required and approved by the Engineer. Driveways shall be constructed over 6 inches of CMB. All affected irrigation and planting shall be repaired by the Contractor to the satisfaction of the Engineer. Any appurtenant PCC Improvement constructed as part of this project and not included with a unit price bid quote or otherwise covered for payment herein shall be paid at the unit price for 4- inch Sidewalk per square foot prorated to reflect the true amount of PCC material being constructed, as approved by the Engineer's Representative. The prorated unit price bid for the appurtenant PCC improvement shall include all costs of subgrade preparation, and the excavation, furnishing and compacting of backfill material and no additional compensation will be allowed therefor. Tests: All compaction tests and tests for Portland Cement Concrete will be performed by and at the expense of the City except the costs for failed tests shall be borne by the Contractor. The total cost of failed tests will be determined at the conclusion of construction. SP7 of SP9 The unit price bid for PCC Sidewalk, Walkway, Curb & Gutter, and Driveways, shall include all costs of subgrade preparation, furnishing and compacting of crushed miscellaneous base and/or backfill material as shown on the plans. Payment shall be per unit price bid for each item and will be considered full compensation for furnishing labor, tools, equipment, and materials necessary for furnishing, placement and compaction of CMB under each PCC item per plans, complete construction of each item, including any necessary retaining curbs and repair and restoration of all affected irrigation and planting to the satisfaction of the Engineer. No additional compensation will be allowed therefor. Bid Item 21: CONSTRUCT 8-INCH DEEP LIFT AC PAVEMENT OVER COMPACTED NATIVE This item consists of supplying and placing compacted Asphalt Concrete finish course ½-inch Type IIIC3 PG 64-10 mix in accordance with the provisions of Sections 203-1, 203-6 and 302-5, "Asphalt Concrete Pavement" of the Standard Specifications except as modified and supplemented below: Payment for Deep Lift AC pavement shall be made at the contract unit price per TON delivered to the site and shall constitute full payment for subgrade compaction of the upper 6 inches to a density of 95% and placing the AC pavement as shown on the plans. Bid Item 22: CONSTRUCT VARIABLE THICKNESS DECOMPOSED GRANITE Work shall consist of removal of existing Decomposed Granite (DG) and base to a sufficient depth to allow for construction of PCC driveway and placement of variable thickness DG on existing trail per plans. Contractor may salvage existing decomposed granite and use it for new construction, with prior approval of the Engineer. Decomposed Granite shall conform to sub-section 200-2.7 of the Standard Specifications. Decomposed Granite shall be stabilized using NexPaveTM wax coating or approved equal, in accordance with the manufacturer’s recommendations. Payment for Decomposed Granite shall be at the contract unit price bid per SQUARE FOOT and will be considered full compensation for all removal, stock-pile, disposal and construction of DG with stabilizer. no additional compensation will be allowed therefor Bid Item 23: SIGNING AND STRIPING All roadway signage shall conform to Section 56 “Signs” of the latest edition of State of California, Department of Transportation Standard Specifications. All pavement delineation and markings shall conform to Section 84-2 "Traffic Stripes and Pavement Markings" and Section 85 "Pavement Markings" of the State of California, Department of Transportation Standard Specifications, Latest Edition, and these special provisions. Any and all removal of existing or interfering striping and markings shall be by method approved by the Engineer. SP8 of SP9 All roadway signage, pavement striping and markings shall be installed per the California Manual of Uniform Traffic Control Devices (CA MUTCD), latest edition. Payment to install signage, pavement striping and marking shall be made at the contract unit price per LUMP SUM bid and shall constitute full compensation for all labor, materials, tools, and equipment to remove or relocate existing interfering traffic signal loops and installation of new loops, existing interfering signage and installation of new signage within public right of way and private property and remove existing interfering striping and/or markings and installation of new pavement delineation and marking within public right of way and private property, as approved by the Engineer. ALTERNATE BID ITEMS: Bid Item 1: CONSTRUCT GRAVEL INFILTRATION BASIN Work shall consist of excavation, moving the dirt to other parts of the site, grading, compaction of the upper 6-inch layer of sub-grade to a minimum density of 90%, furnishing and installing geotextile filter fabric, and furnishing, installing and compaction of ¾-inch gravel as shown on the plans. Payment for Construct Gravel Infiltration Basin will be at the Lump Sum unit price bid and shall be considered full compensation for all work and incidentals herein. Bid Item 2: FURNISH AND INSTALL GEOTEXTILE FILTER FABRIC OVER SUBGRADE Work shall consist of furnishing and installation of geotextile filter fabric over compacted subgrade under the parking lot gravel, per manufacturer’s recommendations and as directed by the Engineer. Payment for Furnish and Install Geotextile Filter Fabric will be at the bid unit price of Square Yards and shall be considered full compensation for all work and incidentals herein. Bid Item 3: FURNISH AND INSTALL LIGHTING Work shall consist of furnishing and installing new lighting, which includes wood posts, footing, luminaire, conduits, wiring and all associated components per plans and City of San Juan Capistrano standards. Note: Contractor shall submit all necessary cut sheets and technical data, including the luminaire type, model, wattage, etc. Contractor shall receive written approval of the submittal from the Engineer prior to ordering the luminaire. Contractor shall inspect and verify all field conditions prior to start of work, coordinate trench routing and equipment locations with the City and utilities, verify construction requirements with utility companies. SP9 of SP9 Payment for furnishing and installing Light shall be made at the Lump Sum unit price bid and shall include all labor, tools, equipment and materials required to complete the work per plans and these special provisions. No additional compensation will be allowed. 61147.02100\20950242.5 1 EXHIBIT “A” Change Order Form EXHIBIT “A” CHANGE ORDER FORM City of San Juan Capistrano Contract Change Order # Project: Change Order No.: Orig. Contract Amt.: $ Days Contract No.: Contractor: Prev. Appvd. Changes: $ Days Owner: City of San Juan Capistrano This Change: $ Days Revised Contract Amt.: $ Days This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and City of San Juan Capistrano, otherwise referred to as Owner. Item No. Description of Changes Increase/ (Decrease) in Contract Amount Contract Time Extension, Days 1 2 Totals $ This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of San Juan Capistrano. Contract Change Order # Page 1 of 2 32400 Paseo Adelanto San Juan Capistrano, CA 92675 61147.02100\20950242.5 2 EXHIBIT “A” Change Order Form The amount of the contract will be increased by the sum of $ and the contract time shall be extended by working days. The undersigned Contractor approves the foregoing Change Order # as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order #. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract. Accepted: (Signature) Contractor’s Authorized Representative Date Recommended: (Signature) Tom Toman, Public Works Director Date Approved: (Signature) Benjamin Siegel, City Manager Date Item No. Justification for Change(s) 1 2 This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of San Juan Capistrano. Contract Change Order # Page 2 of 2 CIP 20204 SWPPP March 2020 STORMWATER POLLUTION PREVENTION PLAN for RAMOS STREET PARKING LOT EXPANSION CIP NO. 20204_________ RISK LEVEL 1 Legally Responsible Person [LRP): City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA92675 Joe Parco (949) 443-6353 Approved Signatory: Joe Parco (949) 443-6353 Project Address: Ramos Street Parking Lot SWPPP Prepared by: CNC Engineering 2121 Alton Parkway, Suite 200 Irvine, CA 92606 James R. Cramsie, PE, QSD SWPPP Preparation Date April 15,2020 Estimated Project Dates: Start of Construction 05/04/2020 Completion of Construction 06/07/2020 CIP 20204 SWPPP i March 2020 Table of Contents Qualified SWPPP Developer ........................................................................................................ 1 Legally Responsible Person .......................................................................................................... 1 Amendment Log ............................................................................................................................ 2 Section 1 SWPPP Requirements .............................................................................................. 3 1.1 Introduction ..................................................................................................................... 3 1.2 Permit Registration Documents ...................................................................................... 3 1.3 SWPPP Availability and Implementation ....................................................................... 4 1.4 SWPPP Amendments...................................................................................................... 4 1.5 Retention of Records....................................................................................................... 5 1.6 Required Non-Compliance Reporting ............................................................................ 6 1.7 Annual Report ................................................................................................................. 7 1.8 Changes to Permit Coverage ........................................................................................... 7 1.9 Notice of Termination ..................................................................................................... 7 Section 2 Project Information .................................................................................................. 8 2.1 Project and Site Description............................................................................................ 8 2.1.1 Site Description ........................................................................................................... 8 2.1.2 Existing Conditions ..................................................................................................... 8 2.1.3 Existing Drainage........................................................................................................ 8 2.1.4 Geology and Groundwater .......................................................................................... 8 2.1.5 Project Description...................................................................................................... 8 2.1.6 Developed Condition .................................................................................................. 9 2.2 Permits and Governing Documents ................................................................................ 9 2.3 Stormwater Run-On from Offsite Areas ......................................................................... 9 2.4 Findings of the Construction Site Sediment and Receiving Water Risk Determination ............................................................................................................................. 9 2.5 Construction Schedule .................................................................................................. 11 2.6 Potential Construction Activity and Pollutant Sources ................................................. 11 2.7 Identification of Non-Stormwater Discharges .............................................................. 11 2.8 Required Site Map Information .................................................................................... 12 CIP 20204 SWPPP ii March 2020 Section 3 Best Management Practices ................................................................................... 13 3.1 Schedule for BMP Implementation .............................................................................. 13 3.2 Erosion and Sediment Control ...................................................................................... 14 3.2.1 Erosion Control ......................................................................................................... 15 3.2.2 Sediment Controls ..................................................................................................... 17 3.3 Non-Stormwater Controls and Waste and Materials Management .............................. 19 3.3.1 Non-Stormwater Controls ......................................................................................... 20 3.3.2 Materials Management and Waste Management ...................................................... 23 3.4 Post construction Stormwater Management Measures ................................................. 26 Section 4 BMP Inspection, Maintenance ............................................................................... 27 4.1 BMP Inspection and Maintenance ................................................................................ 27 4.2 Rain Event Action Plans ............................................................................................... 27 Section 5 Training ................................................................................................................... 28 Section 6 Responsible Parties and Operators ....................................................................... 29 6.1 Responsible Parties ....................................................................................................... 29 6.2 Contractor List .............................................................................................................. 30 Section 7 Construction Site Monitoring Program ................................................................ 31 7.1 Purpose ...................................................................................................................... 31 7.2 Applicability of Permit Requirements ...................................................................... 31 7.3. Weather and Rain Event Tracking ............................................................................ 32 7.3.1 Weather Tracking.................................................................................................. 32 7.3.2 Rain Gauges .......................................................................................................... 32 7.4 Monitoring Locations................................................................................................ 32 7.5 Safety and Monitoring Exemptions .......................................................................... 33 7.6 Visual Monitoring ..................................................................................................... 33 7.6.1 Routine Observations and Inspections .................................................................. 34 7.6.1.1 Routine BMP Inspections ............................................................................. 34 7.6.1.2 Non-Stormwater Discharge Observations .................................................... 34 7.6.2 Rain-Event Triggered Observations and Inspections ........................................... 34 7.6.2.1 Visual Observations Prior to a Forecasted Qualifying Rain Event............... 34 7.6.2.2 BMP Inspections During an Extended Storm Event..................................... 35 7.6.2.3 Visual Observations Following a Qualifying Rain Event............................. 35 7.6.3 Visual Monitoring Procedures .............................................................................. 35 CIP 20204 SWPPP iii March 2020 7.6.4 Visual Monitoring Follow-Up and Reporting....................................................... 37 7.6.5 Visual Monitoring Locations ................................................................................ 37 7.7 Water Quality Sampling and Analysis ...................................................................... 38 7.7.1 Sampling and Analysis Plan for Non-Visible Pollutants in Stormwater Runoff Discharges ......................................................................................................................... 38 7.7.1.1 Sampling Schedule........................................................................................ 40 7.7.1.2 Sampling Locations ...................................................................................... 40 7.7.1.3 Monitoring Preparation ................................................................................. 41 7.7.1.4 Analytical Constituents ................................................................................. 42 7.7.1.5 Sample Collection ......................................................................................... 43 7.7.1.6 Sample Analysis............................................................................................ 43 7.7.1.7 Data Evaluation and Reporting ..................................................................... 47 7.7.2 Sampling and Analysis Plan for pH and Turbidity in Stormwater Runoff Discharges ......................................................................................................................... 47 7.7.3 Sampling and Analysis Plan for pH, Turbidity, and SSC in Receiving Water ..... 47 7.7.4 Sampling and Analysis Plan for Non-Stormwater Discharges ............................. 47 7.7.5 Sampling and Analysis Plan for Other Pollutants Required by the Regional Water Board ...................................................................................................................... 48 7.7.6 Training of Sampling Personnel ........................................................................... 48 7.7.7 Sample Collection and Handling .......................................................................... 48 7.7.7.1 Sample Collection ......................................................................................... 48 7.7.7.2 Sample Handling ........................................................................................... 49 7.7.7.3 Sample Documentation Procedures .............................................................. 50 7.8 Active Treatment System Monitoring ...................................................................... 50 7.9 Bioassessment Monitoring ........................................................................................ 50 7.10 Watershed Monitoring Option .................................................................................. 51 7.11 Quality Assurance and Quality Control .................................................................... 51 7.11.1 Field Logs ......................................................................................................... 51 7.11.2 Clean Sampling Techniques ............................................................................. 51 7.11.3 Chain of Custody .............................................................................................. 52 7.11.4 QA/QC Samples................................................................................................ 52 7.11.4.1 Field Duplicates............................................................................................ 52 7.11.4.2 Equipment Blanks ........................................................................................ 52 CIP 20204 SWPPP iv March 2020 7.11.4.3 Field Blanks.................................................................................................. 53 7.11.4.4 Travel Blanks ............................................................................................... 53 7.11.5 Data Verification ............................................................................................... 53 7.12 Records Retention ..................................................................................................... 54 CSMP Attachment 1: Weather Reports................................................................................. 55 CSMP Attachment 2: Monitoring Records ........................................................................... 57 CSMP Attachment 3: Example Forms ................................................................................... 59 CSMP Attachment 4: Field Meter Instructions .................................................................... 69 CSMP Attachment 5: Supplemental Information................................................................. 71 Section 8 References ................................................................................................................ 73 Appendix A: Calculations ...................................................................................................... 74 Appendix B: Site Maps .......................................................................................................... 76 Appendix C: Permit Registration Documents....................................................................... 78 Appendix D: SWPPP Amendment Certifications ................................................................. 80 Appendix E: Submitted Changes to PRDs ............................................................................ 83 Appendix F: Construction Schedule ..................................................................................... 85 Appendix G: Construction Activities, Materials Used, and Associated Pollutants ............. 87 Appendix H: CASQA Stormwater BMP Handbook Portal: Construction Fact Sheets ...... 91 Appendix I: BMP Inspection Form ......................................................................................... 93 Appendix J: Project Specific Rain Event Action Plan Template .......................................... 101 Appendix K: Training Reporting Form .............................................................................. 106 Appendix L: Responsible Parties ........................................................................................ 108 Appendix M: Contractors and Subcontractors .................................................................... 112 Appendix N: Construction General Permit ........................................................................ 113 CIP 20204 SWPPP 1 March 2020 Legally Responsible Person Approval and Certification of the Stormwater Pollution Prevention Plan Project Name: Ramos Street Parking Lot Expansion Project Number/ID CIP 20204 “I certify under penalty of law that this document and all Attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Legally Responsible Person Signature of Legally Responsible Person or Approved Signatory Date Name of Legally Responsible Person or Approved Signatory Telephone Number CIP 20204 SWPPP 2 March 2020 Amendment Log Project Name: Ramos Street Parking Lot Expansion Project Number/ID CIP 20204 Amendment No. Date Brief Description of Amendment, include section and page number Prepared and Approved By Name: QSD# Name: QSD# Name: QSD# Name: QSD# Name: QSD# Name: QSD# Name: QSD# Name: QSD# Name: QSD# CIP 20204 SWPPP 3 March 2020 Section 1 SWPPP Requirements 1.1 INTRODUCTION The CIP 20204 project comprises approximately 1.1 AC and is located on the southeast corner of Ramos Street and Paseo Adelanto in the city of San Juan Capistrano, California. The property is owned by city of San Juan Capistrano and is being developed by the city of San Juan Capistrano. The projects location is shown on the Site Map in Appendix B. This Stormwater Pollution Prevention Plan (SWPPP) is designed to comply with California’s General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (General Permit) Order No. 2009-0009-DWQ as amended in 2010 and 2012 (NPDES No. CAS000002) issued by the State Water Resources Control Board (State Water Board). This SWPPP has been prepared following the SWPPP Template provided on the California Stormwater Quality Association Stormwater Best Management Practice Handbook Portal: Construction (CASQA, 2012). In accordance with the General Permit, Section XIV, this SWPPP is designed to address the following:  Pollutants and their sources, including sources of sediment associated with construction, construction site erosion and other activities associated with construction activity are controlled;  Where not otherwise required to be under a Regional Water Quality Control Board (Regional Water Board) permit, all non-stormwater discharges are identified and either eliminated, controlled, or treated;  Site BMPs are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges from construction activity to the Best Available Technology/Best Control Technology (BAT/BCT) standard; Calculations and design details as well as BMP controls for are complete and correct, Appendix A. Since this project is a Risk Level 1, no Rain Event Action Plan (REAP) is required to be prepared. 1.2 PERMIT REGISTRATION DOCUMENTS Required Permit Registration Documents (PRDs) shall be submitted to the State Water Board via the Stormwater Multi Application and Report Tracking System (SMARTS) by the Legally Responsible Person (LRP), or authorized personnel (i.e., Approved Signatory) under the direction of the LRP. The project-specific PRDs include: 1. Notice of Intent (NOI); 2. Risk Assessment (Construction Site Sediment and Receiving Water Risk Determination); 3. Site Map; 4. Annual Fee; CIP 20204 SWPPP 4 March 2020 5. Signed Certification Statement (LRP Certification is provided electronically with SMARTS PRD submittal); and 6. SWPPP. Site Maps can be found in Appendix B. A copy of the submitted PRDs shall also be kept in Appendix C along with the Waste Discharge Identification (WDID) confirmation. 1.3 SWPPP AVAILABILITY AND IMPLEMENTATION The discharger shall make the SWPPP available at the construction site during working hours (see Section 7.5 of CSMP for working hours) while construction is occurring and shall be made available upon request by a State or Municipal inspector. When the original SWPPP is retained by a crewmember in a construction vehicle and is not currently at the construction site, current copies of the BMPs and map/drawing will be left with the field crew and the original SWPPP shall be made available via a request by radio/telephone. (CGP Section XIV.C) The SWPPP shall be implemented concurrently with the start of ground disturbing activities. 1.4 SWPPP AMENDMENTS The SWPPP should be revised when:  If there is a General Permit violation.  When there is a reduction or increase in total disturbed acreage (General Permit Section II Part C).  BMPs do not meet the objectives of reducing or eliminating pollutants in stormwater discharges. Additionally, the SWPPP shall be amended when:  There is a change in construction or operations which may affect the discharge of pollutants to surface waters, groundwater(s), or a municipal separate storm sewer system (MS4);  When there is a change in the project duration that changes the project’s risk level; or  When deemed necessary by the QSD. The QSD has determined that the changes listed in Table 1.1 can be field determined by the QSP. All other changes shall be made by the QSD as formal amendments to the SWPPP. The following items shall be included in each amendment:  Who requested the amendment;  The location of proposed change;  The reason for change;  The original BMP proposed, if any; and  The new BMP proposed. CIP 20204 SWPPP 5 March 2020 Amendment shall be logged at the front of the SWPPP and certification kept in Appendix D. The SWPPP text shall be revised replaced, and/or hand annotated as necessary to properly convey the amendment. SWPPP amendments must be made by a QSD. The following changes have been designated by the QSD as "to be field determined” and constitute minor changes that the QSP may implement based on field conditions. Table 1.1 List of Changes to be Field Determined Candidate changes for field location or determination by QSP(1) Check changes that can be field located or field determined by QSP Increase quantity of an Erosion or Sediment Control Measure X Relocate/Add stockpiles or stored materials X Relocate or add toilets X Relocate vehicle storage and/or fueling locations X Relocate areas for waste storage X Relocate water storage and/or water transfer location X Changes to access points (entrance/exits) X Change type of Erosion or Sediment Control Measure X Changes to location of erosion or sediment control X Minor changes to schedule or phases X Changes in construction materials (1) Any field changes not identified for field location or field determination by QSP must be approved by QSD 1.5 RETENTION OF RECORDS Paper or electronic records of documents required by this SWPPP shall be retained for a minimum of three years from the date generated or date submitted, whichever is later, for the following items:  Addendums to the SWPPP  These records shall be available at the Site until construction is complete. Records assisting in the determination of compliance with the General Permit shall be made available within a reasonable time, to the Regional Water Board, State Water Board or U.S. Environmental Protection Agency (EPA) upon request. Requests by the Regional Water Board for retention of records for a period longer than three years shall be adhered to. CIP 20204 SWPPP 6 March 2020 1.6 REQUIRED NON-COMPLIANCE REPORTING If a General Permit discharge violation occurs the QSP shall immediately notify the LRP. The LRP shall include information on the violation with the Annual Report. Corrective measures will be implemented immediately following identification of the discharge or written notice of non-compliance from the Regional Water Board. Discharges and corrective actions must be documented and include the following items:  The date, time, location, nature of operation and type of unauthorized discharge.  The cause or nature of the notice or order.  The control measures (BMPs) deployed before the discharge event, or prior to receiving notice or order.  The date of deployment and type of control measures (BMPs) deployed after the discharge event, or after receiving the notice or order, including additional measures installed or planned to reduce or prevent re-occurrence. Reporting requirements for Numeric Action Levels (NALs) exceedances are discussed in Section 7.7.2.7. CIP 20204 SWPPP 7 March 2020 1.7 ANNUAL REPORT The General Permit requires that permittees prepare, certify, and electronically submit an Annual Report no later than September 1st of each year. Reporting requirements are identified in Section XVI of the General Permit. Annual reports will be filed in SMARTS and in accordance with information required by the on-line forms. 1.8 CHANGES TO PERMIT COVERAGE The General Permit allows for the reduction or increase of the total acreage covered under the General Permit when: a portion of the project is complete and/or conditions for termination of coverage have been met; when ownership of a portion of the project is purchased by a different entity; or when new acreage is added to the project. Modified PRDs shall be filed electronically within 30 days of a reduction or increase in total disturbed area if a change in permit covered acreage is to be sought. The SWPPP shall be modified appropriately, shall be logged at the front of the SWPPP and cetrification of SWPPP amendments are to be kept in Appendix D. Updated PRDs submitted electronically via SMARTS can be found in Appendix E. 1.9 NOTICE OF TERMINATION A Notice of Termination (NOT) must be submitted electronically by the LRP via SMARTS to terminate coverage under the General Permit. The NOT must include a final Site Map and representative photographs of the project site that demonstrate final stabilization has been achieved. The NOT shall be submitted within 90 days of completion of construction. The Regional Water Board will consider a construction site complete when the conditions of the General Permit, Section II.D have been met. CIP 20204 SWPPP 8 March 2020 Section 2 Project Information 2.1 PROJECT AND SITE DESCRIPTION 2.1.1 Site Description The CIP 20204 project site comprises approximately 1.1 AC and is located on the southeast corner of Ramos Street and Paseo Adelanto in the city of San Juan Capistrano, California. The project site is located approximately 0.4 miles west of Interstate-5. The project site is located approximately 130 feet east of Trabuco Creek and 0.55 miles northwest of San Juan Creek. The project is located at latitude 33.5021o/longitude -117.6671o and is identified on the Site Map in Appendix B. 2.1.2 Existing Conditions As of the initial date of this SWPPP, the project site is a gravel/dirt parking lot with paved roadways along the north and west side of the project site. The site is bounded by a park/open space to the south and east. The project site will maintain the existing land use. There are no known historic sources of contamination at this site. 2.1.3 Existing Drainage The project site is relatively level, slopes from the northwest corner of the project to the southeast corner. Surface drainage at the site currently flows to the southeast corner of the site is collects in a low point and allowed to infiltrate into the existing surface. Stormwater the falls on the project site does not leave the project site. Existing site topography, drainage patterns, and stormwater conveyance systems are shown on Grading Plans. Runoff from the adjacent roadways discharges to Arroyo Trabuco Creek, which is listed for water quality impairment on the most recent 303(d)-list for:  Benthic Community Effects  Indicator Bacteria  Malathion  Nitrogen  Phosphorus   2.1.4 Geology and Groundwater There is no geotechnical information available for the project site. 2.1.5 Project Description Project grading will occur on approximately 1.1 AC of the project, which comprises approximately 100% percent of the total area. The limits of grading are shown on Grading Plans CIP 20204 SWPPP 9 March 2020 in Appendix B. Grading will include both cut and fill activities, with the total graded material estimated to be 2,700 cubic yards. No material will need to imported as fill material. Graded materials are expected to be hauled away. Soil will be stockpiled onsite prior to being hauled away. Construction activities will not be phased. 2.1.6 Developed Condition Post construction drainage patterns and conveyance systems are presented on the Storm Drain Improvement Plans in Appendix B. Table 2.1 Construction Site Estimates Construction site area 1.1 acres Percent impervious before construction 1 % Runoff coefficient before construction .95 Percent impervious after construction 8 % Runoff coefficient after construction .95 2.2 PERMITS AND GOVERNING DOCUMENTS In addition to the General Permit, the following documents have been taken into account while preparing this SWPPP  Construction Contract Documents 2.3 STORMWATER RUN-ON FROM OFFSITE AREAS Run-on to the site is generated by adjacent landscaped. The General Permit requires that temporary BMPs be implemented to direct offsite run-on away from disturbed areas through the use of runoff controls. These BMPs can be found on the Erosion Control Plans, in Appendix B. 2.4 FINDINGS OF THE CONSTRUCTION SITE SEDIMENT AND RECEIVING WATER RISK DETERMINATION A construction site risk assessment has been performed for the project and the resultant risk level is Risk Level 1. The risk level was determined through the use of the EPA Rainfall Erosivity Factor Calculator. K and LS values were determined using the California GIS Database. The risk level is based on project duration, location, proximity to impaired receiving waters and soil conditions. A copy of the Risk Level determination submitted on SMARTS with the PRDs is included in Appendix C. CIP 20204 SWPPP 10 March 2020 Table 2.2 and Table 2.3 summarize the sediment and receiving water risk factors and document the sources of information used to derive the factors. Table 2.2 Summary of Sediment Risk RUSLE Factor Value Method for establishing value R 0.27 EPA Rainfall Erosivity Factor Calculator K 0.17 California GIS Database LS 2.4 California GIS Database Total Predicted Sediment Loss (tons/acre) 0.11 Overall Sediment Risk Low Sediment Risk < 15 tons/ acre Medium Sediment Risk >= 15 and < 75 tons/acre High Sediment Risk >= 75 tons/acre Low Medium High Runoff from the project site discharges into an existing storm drain system that discharge into San Juan Creek and eventually the Pacific Ocean.. Table 2.3 Summary of Receiving Water Risk Receiving Water Name 303(d) Listed for Sediment Related Pollutant(1) TMDL for Sediment Related Pollutant(1) Beneficial Uses of COLD, SPAWN, and MIGRATORY(1) San Juan Creek Yes No Yes No Yes No Overall Receiving Water Risk Low High (1) If yes is selected for any option the Receiving Water Risk is High Risk Level 1 sites are subject to the narrative effluent limitations specified in the General Permit. The narrative effluent limitations require stormwater discharges associated with construction activity to minimize or prevent pollutants in stormwater and authorized non-stormwater through the use of controls, structures, and best management practices. This SWPPP has been prepared to address Risk Level 1 requirements (General Permit Attachment C). CIP 20204 SWPPP 11 March 2020 2.5 CONSTRUCTION SCHEDULE The site sediment risk was determined based on construction taking place between May 4, 2020 and June 7, 2020. Modification or extension of the schedule (start and end dates) may affect risk determination and permit requirements. The LRP shall contact the QSD if the schedule changes during construction to address potential impact to the SWPPP. The estimated schedule for planned work can be found in Appendix F. 2.6 POTENTIAL CONSTRUCTION ACTIVITY AND POLLUTANT SOURCES Appendix G includes a list of construction activities and associated materials that are anticipated to be used onsite. These activities and associated materials will or could potentially contribute pollutants, other than sediment, to stormwater runoff. The anticipated activities and associated pollutants were used in Section 3 to select the Best Management Practices for the project. Location of anticipated pollutants and associated BMPs are show on the Site Map in Appendix B. For sampling requirements for non-visible pollutants associated with construction activity please refer to Section 7.7.1. For a full and complete list of onsite pollutants, refer to the Material Safety Data Sheets (MSDS), which are retained onsite at the construction trailer. 2.7 IDENTIFICATION OF NON-STORMWATER DISCHARGES Non-stormwater discharges consist of discharges which do not originate from precipitation events. The General Permit provides allowances for specified non-stormwater discharges that do not cause erosion or carry other pollutants. Non-stormwater discharges into storm drainage systems or waterways, which are not authorized under the General Permit and listed in the SWPPP, or authorized under a separate NPDES permit, are prohibited. Non-stormwater discharges that are authorized from this project site include the following:  None  These authorized non-stormwater discharges will be managed with the stormwater and non- stormwater BMPs described in Section 3 of this SWPPP and will be minimized by the QSP. Activities at this site that may result in unauthorized non-stormwater discharges include:  None  Steps will be taken, including the implementation of appropriate BMPs, to ensure that unauthorized discharges are eliminated, controlled, disposed, or treated on-site. CIP 20204 SWPPP 12 March 2020 Discharges of construction materials and wastes, such as fuel or paint, resulting from dumping, spills, or direct contact with rainwater or stormwater runoff, are also prohibited. 2.8 REQUIRED SITE MAP INFORMATION The construction project’s Site Map(s) showing the project location, surface water boundaries, geographic features, construction site perimeter and general topography and other requirements identified in Attachment B of the General Permit is located in Appendix B. Table 2.5 identifies Map or Sheet Nos. where required elements are illustrated. Table 2.5 Required Map Information Included on Map/Plan Sheet No. (1) Required Element Appendix B The project’s surrounding area (vicinity) Grading Plans Site layout EC Plans Construction site boundaries N/A Drainage areas EC Plans Discharge locations EC Plans Sampling locations EC Plans Areas of soil disturbance (temporary or permanent) EC Plans Active areas of soil disturbance (cut or fill) EC Plans Locations of runoff BMPs EC Plans Locations of erosion control BMPs EC Plans Locations of sediment control BMPs N/A ATS location (if applicable) N/A Locations of sensitive habitats, watercourses, or other features which are not to be disturbed N/A Locations of all post construction BMPs TBD Waste storage areas TBD Vehicle storage areas TBD Material storage areas EC Plans Entrance and Exits TBD Fueling Locations Notes: (1) Indicate maps or drawings that information is included on (e.g., Vicinity Map, Site Map, Drainage Plans, Grading Plans, Progress Maps, etc.) CIP 20204 SWPPP 13 March 2020 Section 3 Best Management Practices 3.1 SCHEDULE FOR BMP IMPLEMENTATION Schedule to be provided upon selection of and awarding of contract to contractor. CIP 20204 SWPPP 14 March 2020 Table 3.1 BMP Implementation Schedule BMP Implementation Duration Erosion Control EC-1, Scheduling Prior to Construction Entirety of Project EC-2, Preservation of Existing Vegetation Start of Construction Entirety of Project Sediment Control SE-1, Check Dams Prior to beginning of site demolition phase Entirety of Project SE-4, Check Dams Prior to beginning of site demolition phase Entirety of Project SE-5, Fiber Rolls Prior to beginning of grading operations During length of grading operations SE-6, Gravel Bag Berm Prior to beginning of site demolition phase Entirety of Project SE-7, Street Sweeping Prior to beginning of site demolition phase Entirety of Project SE-10, Storm Drain Inlet Protection Prior to Construction Entirety of Project Tracking Control TC-1, Stabilized Construction Entrance and Exit Prior to Construction at the contractors yard Until project has been completed Wind Erosion WE-1, Wind Erosion Control Prior to beginning of site demolition phase During length of paving operations 3.2 EROSION AND SEDIMENT CONTROL Erosion and sediment controls are required by the General Permit to provide effective reduction or elimination of sediment related pollutants in stormwater discharges and authorized non- stormwater discharges from the Site. Applicable BMPs are identified in this section for erosion control, sediment control, tracking control, and wind erosion control. CIP 20204 SWPPP 15 March 2020 3.2.1 Erosion Control Erosion control, also referred to as soil stabilization, consists of source control measures that are designed to prevent soil particles from detaching and becoming transported in stormwater runoff. Erosion control BMPs protect the soil surface by covering and/or binding soil particles. This construction project will implement the following practices to provide effective temporary and final erosion control during construction: 1. Preserve existing vegetation where required and when feasible. 2. The area of soil disturbing operations shall be controlled such that the Contractor is able to implement erosion control BMPs quickly and effectively. 3. Stabilize non-active areas within 14 days of cessation of construction activities or sooner if stipulated by local requirements. 4. Control erosion in concentrated flow paths by applying erosion control blankets, check dams, erosion control seeding or alternate methods. 5. Prior to the completion of construction, apply permanent erosion control to remaining disturbed soil areas. Sufficient erosion control materials shall be maintained onsite to allow implementation in conformance with this SWPPP. The following temporary erosion control BMP selection table indicates the BMPs that shall be implemented to control erosion on the construction site. Fact Sheets for temporary erosion control BMPs are provided in Appendix H. CIP 20204 SWPPP 16 March 2020 Table 3.2 Temporary Erosion Control BMPs CASQA Fact Sheet BMP Name Meets a Minimum Requirement(1) BMP Used If not used, state reason YES NO EC-1 Scheduling  X EC-2 Preservation of Existing Vegetation  X EC-3 Hydraulic Mulch (2) X Not applicable EC-4 Hydroseed (2) X Not applicable EC-5 Soil Binders (2) X Not applicable EC-6 Straw Mulch (2) X Not applicable EC-7 Geotextiles and Mats (2) X Not applicable EC-8 Wood Mulching (2) X Not applicable EC-9 Earth Dike and Drainage Swales (3) X Not applicable EC-10 Velocity Dissipation Devices X Not applicable EC-11 Slope Drains X No Slope drains within project limits EC-12 Stream Bank Stabilization X No streams with project limits EC-14 Compost Blankets (2) X Not applicable EC-15 Soil Preparation-Roughening X Not applicable EC-16 Non-Vegetated Stabilization (2) X Not applicable WE-1 Wind Erosion Control  X Alternate BMPs Used: If used, state reason: (1) Applicability to a specific project shall be determined by the QSD. (2) The QSD shall ensure implementation of one of the minimum measures listed or a combination thereof to achieve and maintain the Risk Level requirements. (3) Run-on from offsite shall be directed away from all disturbed areas, diversion of offsite flows may require design/analysis by a licensed civil engineer and/or additional environmental permitting CIP 20204 SWPPP 17 March 2020 These temporary erosion control BMPs shall be implemented in conformance with the following guidelines and as outlined in the BMP Factsheets provided in Appendix H. If there is a conflict between documents, the Site Map will prevail over narrative in the body of the SWPPP or guidance in the BMP Fact Sheets. Site specific details in the Site Map prevail over standard details included in the Site Map. The narrative in the body of the SWPPP prevails over guidance in the BMP Fact Sheets. Scheduling BMP's will be implemented in conjunction with the schedule for grinding, paving and slurry seal operations and construction of improvements. The various BMP's will be adjusted and modified as construction operations change and as the schedule evolves. As the construction operation occur during the rainly season, October 1st to April 15th, the weather forecasts shall be monitored and modifications and adjustments to the BMP's will be implemented to provide the erosion control and control runoff of storm water downgrade and at drainage inlets. Preservation of Existing Vegetation Prior to construction, a temporary orange construction fence shall be installed along the Temporary Construction Easement (TCE) to delineate the limits of work. Existing vegetation outside of the fence, including existing tree driplines that may cross over the fence, will be protected during the course of construction. Wind Erosion Control During windy conditions, either forecasted or actual winds of approximately 20 mph or greater, dust control will be applied to adequately control wind erosion. A temporary water supply, per BMP NS-1 (Water Conservation Practices) and NS-7 (Potable Water/Irrigation) will be provided for use in providing dust control and to maintain optimal moisture levels for compaction. 3.2.2 Sediment Controls Sediment controls are temporary or permanent structural measures that are intended to complement the selected erosion control measures and reduce sediment discharges from active construction areas. Sediment controls are designed to intercept and settle out soil particles that have been detached and transported by the force of water. The following sediment control BMP selection table indicates the BMPs that shall be implemented to control sediment on the construction site. Fact Sheets for temporary sediment control BMPs are provided in Appendix H. CIP 20204 SWPPP 18 March 2020 Table 3.3 Temporary Sediment Control BMPs CASQA Fact Sheet BMP Name Meets a Minimum Requirement(1) BMP used If not used, state reason YES NO SE-1 Silt Fence (2) (3) X SE-2 Sediment Basin X Not enough room to accommodate SE-3 Sediment Trap X Not enough room to accommodate SE-4 Check Dams X SE-5 Fiber Rolls (2)(3) X SE-6 Gravel Bag Berm (3) X SE-7 Street Sweeping  X SE-8 Sandbag Barrier X SE-5 and SE-6 to be used SE-9 Straw Bale Barrier X SE-5 and SE-6 to be used SE-10 Storm Drain Inlet Protection  RL2&3 X SE-11 ATS X No dewatering is anticipated SE-12 Manufactured Linear Sediment Controls X SE-1 and SE-5 to be used SE-13 Compost Sock and Berm (3) X SE-5 to be used SE-14 Biofilter Bags (3) X SE-10 to be used TC-1 Stabilized Construction Entrance and Exit  X TC-2 Stabilized Construction Roadway X The site is contained within a relatively small area. TC-3 Entrance Outlet Tire Wash X The site is contained within a relatively small area. Alternate BMPs Used: If used, state reason: (1) Applicability to a specific project shall be determined by the QSD (2) The QSD shall ensure implementation of one of the minimum measures listed or a combination thereof to achieve and maintain the Risk Level requirements (3)Risk Level 2 &3 shall provide linear sediment control along toe of slope, face of slope, and at the grade breaks of exposed slope CIP 20204 SWPPP 19 March 2020 These temporary sediment control BMPs shall be implemented in conformance with the following guidelines and in accordance with the BMP Fact Sheets provided in Appendix H. If there is a conflict between documents, the Site Map will prevail over narrative in the body of the SWPPP or guidance in the BMP Fact Sheets. Site specific details in the Site Map prevail over standard details included in the Site Map. The narrative in the body of the SWPPP prevails over guidance in the BMP Fact Sheets. Silt Fence Silt fences shall be installed at the toe of graded slopes to prevent sediment from being carried away by stromwater until vegetation has been established. Check Dams At locations where the gravelbag barrier creates a low point for drainage, a gravelbag check dam will be installed to allow storm water to flow off site while preventing sediment from being transported offsite. Fiber Rolls As part of the construction operation, the existing AC pavement is to be removed, grinded and stockpiled onsite for use on the project. Because of this operation, additional sediment control BMP's will be required. Fiber Rolls shall be used around the base of the stockpile when the material is not be used. Gravel Bag Berm Gravel Bags will be placed in conjunction with SE-4 (Check Dams) and SE-10 (Storm Drain Inlet Protection) as shown on the Erosion Control Plan (Attachment B). In addition, gravelbags will be installed in a manner to provide velocity reduction of storm water flowing along the curb and gutter. Street Sweeping Street sweeping and vacuuming shall occur during grinding, paving and slurry seal operations. Street sweeping shall be along streets adjacent to, at the beginning and end of the streets receiving grinding, paving and/or slurry seal treatment. Washing of sediment tracked onto adjacent streets will not be permitted. Storm Drain Inlet Protection All existing catch basin inlets with the project limits of pavement grinding, paving and slurry seal treatment shall have protection per SE-10 (Storm Drain Inlet Protection). In addition, the contractor shall place this same protection at the first downstream inlet from the project site. Stabilized Construction Entrance and Exit A Stabilized Construction Entrance and Exit shall be provided at the contractor’s yard. The location of the yard to be determined at a later date. Upon determining the location of the contractor’s yard, this SWPPP shall be amended to include BMP’s required to bring the yard into compliance with the Construction General Permit. 3.3 NON-STORMWATER CONTROLS AND WASTE AND MATERIALS MANAGEMENT CIP 20204 SWPPP 20 March 2020 3.3.1 Non-Stormwater Controls Non-stormwater discharges into storm drainage systems or waterways, which are not authorized under the General Permit, are prohibited. Non-stormwater discharges for which a separate NPDES permit is required by the local Regional Water Board are prohibited unless coverage under the separate NPDES permit has been obtained for the discharge. The selection of non- stormwater BMPs is based on the list of construction activities with a potential for non- stormwater discharges identified in Section 2.7 of this SWPPP. The following non-stormwater control BMP selection table indicates the BMPs that shall be implemented to control sediment on the construction site. Fact Sheets for temporary non- stormwater control BMPs are provided in Appendix H. CIP 20204 SWPPP 21 March 2020 Table 3.4 Temporary Non-Stormwater BMPs CASQA Fact Sheet BMP Name Meets a Minimum Requirement(1) BMP used If not used, state reason YES NO NS-1 Water Conservation Practices  X NS-2 Dewatering Operation X No dewatering is anticipated. NS-3 Paving and Grinding Operation X NS-4 Temporary Stream Crossing X No streams cross or pass through project site. NS-5 Clear Water Diversion X No streams cross or pass through project site. NS-6 Illicit Connection/Discharge  X NS-7 Potable Water/Irrigation X NS-8 Vehicle and Equipment Cleaning  X NS-9 Vehicle and Equipment Fueling  X NS-10 Vehicle and Equipment Maintenance  X NS-11 Pile Driving Operation X No Pile Driving operations are anticipated for this project NS-12 Concrete Curing X NS-13 Concrete Finishing X NS-14 Material and Equipment Use Over Water X No construction is anticipated to be performed over a water body NS-15 Demolition Removal Adjacent to Water X Project is not located adjacent to any water body NS-16 Temporary Batch Plants X Materials will be imported to the site Alternate BMPs Used: If used, state reason: (1) Applicability to a specific project shall be determined by the QSD CIP 20204 SWPPP 22 March 2020 Non-stormwater BMPs shall be implemented in conformance with the following guidelines and in accordance with the BMP Fact Sheets provided in Appendix H. If there is a conflict between documents, the Site Map will prevail over narrative in the body of the SWPPP or guidance in the BMP Fact Sheets. Site specific details in the Site Map prevail over standard details included in the Site Map. The narrative in the body of the SWPPP prevails over guidance in the BMP Fact Sheets. Water Conservation Practices Water will be needed to use during construction for pavement rehabilitation operations, dust control (per BMP WE-1), and other construction operations. Paving and Grinding Operation The existing site(s) are covered with AC pavement. This pavement will be removed, ground down and stockpiled for use on the project. BMP WM-3, Stockpile Management, will be used in conjunction to this BMP for the stockpiling of removed and ground AC pavement. Illicit Connection- Illegal Discharge Connection This BMP will be implemented and monitored during the duration of the project. Potable Water Irrigation Discharge Detection Water will be needed to use during construction for PCC pavement operations, dust control (per BMP WE-1), and other construction operations. Vehicle and Equipment Cleaning Various type of vehicles and equipment will be need during construction operations. Cleaning, Fueling and Maintenance of these various type of vehicles and equipment will be performed as described in these BMP's. Cleaning of vehicles and equipment shall not be allowed within or on public streets. Vehicle and Equipment Fueling Various type of vehicles and equipment will be needed during construction operations. Cleaning, Fueling and Maintenance of these various type of vehicles and equipment will be performed as described in these BMP's. Fueling of vehicles and equipment shall not be allowed within or on public streets, unless approved by the engineer. Vehicle and Equipment Maintenance Various type of vehicles and equipment will be needed during construction operations. Cleaning, Fueling and Maintenance of these various type of vehicles and equipment will be performed as described in these BMP's. Maintenance of vehicles and equipment shall not be allowed within or on public streets, unless approved by the engineer. Concrete Curing Concrete will be used for various applications on this project, such as curb & gutter, sidewalks, cross gutters, etc. BMP WM-8 (Concrete Waste Management) will be used in conjunction with these BMP's. Concrete Finishing Concrete will be used for various applications on this project, such as curb & gutter, sidewalks, cross gutters, etc. BMP WM-8 (Concrete Waste Management) will be used in conjunction with these BMP's. CIP 20204 SWPPP 23 March 2020 3.3.2 Materials Management and Waste Management Materials management control practices consist of implementing procedural and structural BMPs for handling, storing and using construction materials to prevent the release of those materials into stormwater discharges. The amount and type of construction materials to be utilized at the Site will depend upon the type of construction and the length of the construction period. The materials may be used continuously, such as fuel for vehicles and equipment, or the materials may be used for a discrete period, such as soil binders for temporary stabilization. Waste management consist of implementing procedural and structural BMPs for handling, storing and ensuring proper disposal of wastes to prevent the release of those wastes into stormwater discharges. If applicable to the project site, waste management should be conducted in accordance with the Project’s Construction Waste Management Plan. Materials and waste management pollution control BMPs shall be implemented to minimize stormwater contact with construction materials, wastes and service areas; and to prevent materials and wastes from being discharged off-site. The primary mechanisms for stormwater contact that shall be addressed include:  Direct contact with precipitation  Contact with stormwater run-on and runoff  Wind dispersion of loose materials  Direct discharge to the storm drain system through spills or dumping  Extended contact with some materials and wastes, such as asphalt cold mix and treated wood products, which can leach pollutants into stormwater. A list of construction activities is provided in Section 2.6. The following Materials and Waste Management BMP selection table indicates the BMPs that shall be implemented to handle materials and control construction site wastes associated with these construction activities. Fact Sheets for Materials and Waste Management BMPs are provided in Appendix H. CIP 20204 SWPPP 24 March 2020 Table 3.5 Temporary Materials Management BMPs CASQA Fact Sheet BMP Name Meets a Minimum Requirement(1) BMP used If not used, state reason YES NO WM-01 Material Delivery and Storage  X WM-02 Material Use  X WM-03 Stockpile Management  X WM-04 Spill Prevention and Control  X WM-05 Solid Waste Management  X WM-06 Hazardous Waste Management  X WM-07 Contaminated Soil Management X WM-08 Concrete Waste Management  X WM-09 Sanitary-Septic Waste Management  X WM-10 Liquid Waste Management X Alternate BMPs Used: If used, state reason: (1) Applicability to a specific project shall be determined by the QSD. CIP 20204 SWPPP 25 March 2020 Material management BMPs shall be implemented in conformance with the following guidelines and in accordance with the BMP Fact Sheets provided in Appendix H. If there is a conflict between documents, the Site Map will prevail over narrative in the body of the SWPPP or guidance in the BMP Fact Sheets. Site specific details in the Site Map prevail over standard details included in the Site Map. The narrative in the body of the SWPPP prevails over guidance in the BMP Fact Sheets. Material Delivery and Storage A specified location, per WM-1, will be determined prior to construction for use in delivery and storage of materials brought on-site for use during construction. Materials not being used for construction operations will be stored per BMP WM-1. Material Use A specified location, per WM-1, will be determined prior to construction for use in delivery and storage of materials brought on-site for use during construction. Materials not being used for construction operations will be stored per BMP WM-1. Stockpile Management The existing AC pavement located on-site will be removed, ground down and stockpile off-site for use during construction of improvements. A specific location will be determined prior to commencing of AC removed for stockpiling. BMP SE-5 (Fiber Rolls) will be used around the perimeter stockpile base. Spill Prevention and Control Any spills that occur during either delivery and storage of materials, use of materials, construction operations, vehicle and equipment cleaning, fueling and maintenance will be contained and cleaned-up to prevent discharge of materials into the storm drain system. Solid Waste Management Solid Waste shall be collected and separated per material type. These separated materials shall be disposed of off-site at a qualified recycling facility, for recyclable materials or at a city of San Juan Capistrano approved disposal site, for non-recyclable materials. Hazardous Waste Management No hazardous materials are anticipated to be encountered or used on this project. Should hazardous materials be encountered or used on this project, this BMP shall be used. Contaminated Soil Management When contaminated soil is encountered, the city will be notified, the contaminated soil will be contained and disposed per this BMP. Concrete Waste Management A concrete washout area will be constructed and maintained by the contractor. The location and size of the washout area will be determined by the contractor. Sanitary-Septic Waste Management The contractor shall implement this BMP and portable toilets will be located and maintained for the duration of the project. Weekly maintenance will be provided by a qualified and licensed CIP 20204 SWPPP 26 March 2020 contractor and the wastes will be disposed of off-site at a city of San Juan Capistrano approved disposal site. Liquid Waste Management This project anticipated the use of liquid materials during the construction process. 3.4 POST CONSTRUCTION STORMWATER MANAGEMENT MEASURES Post construction BMPs are permanent measures installed during construction, designed to reduce or eliminate pollutant discharges from the site after construction is completed. This site is located in an area subject to a Phase I or Phase II Municipal Separate Storm Sewer System (MS4) permit approved Stormwater Management Plan. Yes No Post construction runoff reduction requirements have been satisfied through the MS4 program, this project is exempt from provision XIII A of the General Permit. CIP 20204 SWPPP 27 March 2020 Section 4 BMP Inspection, Maintenance and Rain Event Action Plans 4.1 BMP INSPECTION AND MAINTENANCE The General Permit requires routine weekly inspections of BMPs, along with inspections before, during, and after qualifying rain events. A BMP inspection checklist must be filled out for inspections and maintained on-site with the SWPPP. The inspection checklist includes the necessary information covered in Section 7.6. A blank inspection checklist can be found in Appendix I. Completed checklists shall be kept in CSMP Attachment 2 “Monitoring Records. BMPs shall be maintained regularly to ensure proper and effective functionality. If necessary, corrective actions shall be implemented within 72 hours of identified deficiencies and associated amendments to the SWPPP shall be prepared by the QSD. Specific details for maintenance, inspection, and repair of Construction Site BMPs can be found in the BMP Factsheets in Appendix H. 4.2 RAIN EVENT ACTION PLANS Rain Event Action Plans (REAPs) are not required for Risk Level 1 projects. CIP 20204 SWPPP 28 March 2020 Section 5 Training Appendix L identifies the QSPs for the project. To promote stormwater management awareness specific for this project, periodic training of job-site personnel shall be included as part of routine project meetings (e.g. daily/weekly tailgate safety meetings), or task specific trainings as needed. The QSP shall be responsible for providing this information at the meetings, and subsequently completing the training logs shown in Appendix K, which identifies the site-specific stormwater topics covered as well as the names of site personnel who attended the meeting. Tasks may be delegated to trained employees by the QSP provided adequate supervision and oversight is provided. Training shall correspond to the specific task delegated including: SWPPP implementation; BMP inspection and maintenance; and record keeping. Documentation of training activities (formal and informal) is retained in SWPPP Appendix K. CIP 20204 SWPPP 29 March 2020 Section 6 Responsible Parties and Operators 6.1 RESPONSIBLE PARTIES Approved Signatory(ies) who are responsible for SWPPP implementation and have authority to sign permit-related documents are listed below. Written authorizations from the LRP for these individuals are provided in Appendix L. The Approved Signatory(ies) assigned to this project are: Name Title Phone Number QSPs identified for the project are identified in Appendix L. The QSP shall have primary responsibility and significant authority for the implementation, maintenance and inspection/monitoring of SWPPP requirements. The QSP will be available at all times throughout the duration of the project. Duties of the QSP include but are not limited to:  Implementing all elements of the General Permit and SWPPP, including but not limited to: o Ensuring all BMPs are implemented, inspected, and properly maintained; o Performing non-stormwater and stormwater visual observations and inspections; o Performing non-stormwater and storm sampling and analysis, as required; o Performing routine inspections and observations; o Implementing non-stormwater management, and materials and waste management activities such as: monitoring discharges; general site clean-up; vehicle and equipment cleaning, fueling and maintenance; spill control; ensuring that no materials other than stormwater are discharged in quantities which will have an adverse effect on receiving waters or storm drain systems; etc.;  The QSP may delegate these inspections and activities to an appropriately trained employee, but shall ensure adequacy and adequate deployment.  Ensuring elimination of unauthorized discharges.  The QSPs shall be assigned authority by the LRP to mobilize crews in order to make immediate repairs to the control measures.  Coordinate with the Contractor(s) to assure all of the necessary corrections/repairs are made immediately and that the project complies with the SWPPP, the General Permit and approved plans at all times. CIP 20204 SWPPP 30 March 2020  Notifying the LRP or Authorized Signatory immediately of off-site discharges or other non-compliance events. 6.2 CONTRACTOR LIST Contractor Name: Title: Company: Address: Phone Number: Number (24/7): CIP 20204 SWPPP 31 March 2020 Section 7 Construction Site Monitoring Program 7.1 Purpose This Construction Site Monitoring Program was developed to address the following objectives: 1. To demonstrate that the site is in compliance with the Discharge Prohibitions and Numeric Action Levels (NALs) of the Construction General Permit; 2. To determine whether non-visible pollutants are present at the construction site and are causing or contributing to exceedances of water quality objectives; 3. To determine whether immediate corrective actions, additional Best Management Practices (BMP) implementation, or SWPPP revisions are necessary to reduce pollutants in stormwater discharges and authorized non-stormwater discharges; 4. To determine whether BMPs included in the SWPPP are effective in preventing or reducing pollutants in stormwater discharges and authorized non-stormwater discharges. 7.2 Applicability of Permit Requirements This project has been determined to be a Risk Level 1 project. The General Permit identifies the following types of monitoring as being applicable for a Risk Level 1 project. Risk Level 1  Visual inspections of Best Management Practices (BMPs);  Visual monitoring of the site related to qualifying storm events;  Visual monitoring of the site for non-stormwater discharges;  Sampling and analysis of construction site runoff for non-visible pollutants when applicable; and  Sampling and analysis of construction site runoff as required by the Regional Water Board when applicable.  . CIP 20204 SWPPP 32 March 2020 7.3. Weather and Rain Event Tracking Visual monitoring and inspections requirements of the General Permit are triggered by a qualifying rain event. The General Permit defines a qualifying rain event as any event that produces ½ inch of precipitation. A minimum of 48 hours of dry weather will be used to distinguish between separate qualifying storm events. Visual monitoring, inspections, and sampling requirements of the General Permit are triggered by a qualifying rain event. The General Permit defines a qualifying rain event as any event that produces ½ inch of precipitation. A minimum of 48 hours of dry weather will be used to distinguish between separate qualifying storm events. 7.3.1 Weather Tracking The QSP should daily consult the National Oceanographic and Atmospheric Administration (NOAA) for the weather forecasts. These forecasts can be obtained at http://www.srh.noaa.gov/. Weather reports should be printed and maintained with the SWPPP in CSMP Attachment 1 “Weather Reports”. 7.3.2 Rain Gauges The QSP shall install one (1) rain gauge(s) on the project site. Locate the gauge in an open area away from obstructions such as trees or overhangs. Mount the gauge on a post at a height of 3 to 5 feet with the gauge extending several inches beyond the post. Make sure that the top of the gauge is level. Make sure the post is not in an area where rainwater can indirectly splash from sheds, equipment, trailers, etc. The rain gauge(s) shall be read daily during normal site scheduled hours. The rain gauge should be read at approximately the same time every day and the date and time of each reading recorded. Log rain gauge readings in CSMP Attachment 1 “Weather Records”. Follow the rain gauge instructions to obtain accurate measurements. Once the rain gauge reading has been recorded, accumulated rain shall be emptied and the gauge reset. For comparison with the site rain gauge, the nearest appropriate governmental rain gauge(s) is located at OCPW Station No. 186 at Palisades Reservoir. 7.4 Monitoring Locations Monitoring locations are shown on the Site Maps in Appendix B. Monitoring locations are described in the Sections 7.6 and 7.7. Whenever changes in the construction site might affect the appropriateness of sampling locations, the sampling locations shall be revised accordingly. All such revisions shall be implemented as soon as feasible and the SWPPP amended. Temporary changes that result in a one-time additional sampling location do not require a SWPPP amendment. CIP 20204 SWPPP 33 March 2020 7.5 Safety and Monitoring Exemptions Safety practices for sample collection will be in accordance with the CAL OSHA guidelines. A summary of the safety requirements that apply to sampling personnel is provided below.     This project is not required to collect samples or conduct visual observations (inspections) under the following conditions:  During dangerous weather conditions such as flooding and electrical storms.  Outside of scheduled site business hours. Scheduled site business hours are: 8:00 AM to 5:00 PM, Monday through Friday. If monitoring (visual monitoring or sample collection) of the site is unsafe because of the dangerous conditions noted above then the QSP shall document the conditions for why an exception to performing the monitoring was necessary. The exemption documentation shall be filed in CSMP Attachment 2 “Monitoring Records”. 7.6 Visual Monitoring Visual monitoring includes observations and inspections. Inspections of BMPs are required to identify and record BMPs that need maintenance to operate effectively, that have failed, or that could fail to operate as intended. Visual observations of the site are required to observe storm water drainage areas to identify any spills, leaks, or uncontrolled pollutant sources. Table 7.1 identifies the required frequency of visual observations and inspections. Inspections and observations will be conducted at the locations identified in Section 7.6.3. Table 7.1 Summary of Visual Monitoring and Inspections Type of Inspection Frequency Routine Inspections BMP Inspections Weekly1 BMP Inspections – Tracking Control Daily Non-Stormwater Discharge Observations Quarterly during daylight hours Rain Event Triggered Inspections Site Inspections Prior to a Qualifying Event Within 48 hours of a qualifying event 2 BMP Inspections During an Extended Storm Event Every 24-hour period of a rain event3 CIP 20204 SWPPP 34 March 2020 Table 7.1 Summary of Visual Monitoring and Inspections Type of Inspection Frequency Site Inspections Following a Qualifying Event Within 48 hours of a qualifying event2 1 Most BMPs must be inspected weekly; those identified below must be inspected more frequently. 2 Inspections are required during scheduled site operating hours. 3 Inspections are required during scheduled site operating hours regardless of the amount of precipitation on any given day. 7.6.1 Routine Observations and Inspections Routine site inspections and visual monitoring are necessary to ensure that the project is in compliance with the requirements of the Construction General Permit. 7.6.1.1 Routine BMP Inspections Inspections of BMPs are conducted to identify and record:  BMPs that are properly installed;  BMPs that need maintenance to operate effectively;  BMPs that have failed; or  BMPs that could fail to operate as intended. 7.6.1.2 Non-Stormwater Discharge Observations Each drainage area will be inspected for the presence of or indications of prior unauthorized and authorized non-stormwater discharges. Inspections will record:  Presence or evidence of any non-stormwater discharge (authorized or unauthorized);  Pollutant characteristics (floating and suspended material, sheen, discoloration, turbidity, odor, etc.); and  Source of discharge. 7.6.2 Rain-Event Triggered Observations and Inspections Visual observations of the site and inspections of BMPs are required prior to a qualifying rain event; following a qualifying rain event, and every 24-hour period during a qualifying rain event. Pre-rain inspections will be conducted after consulting NOAA and determining that a precipitation event with a 50% or greater probability of precipitation has been predicted. 7.6.2.1 Visual Observations Prior to a Forecasted Qualifying Rain Event Within 48-hours prior to a qualifying event a stormwater visual monitoring site inspection will include observations of the following locations:  Stormwater drainage areas to identify any spills, leaks, or uncontrolled pollutant sources; CIP 20204 SWPPP 35 March 2020  BMPs to identify if they have been properly implemented;  Any stormwater storage and containment areas to detect leaks and ensure maintenance of adequate freeboard. Consistent with guidance from the State Water Resources Control Board, pre-rain BMP inspections and visual monitoring will be triggered by a NOAA forecast that indicates a probability of precipitation of 50% or more in the project area. 7.6.2.2 BMP Inspections During an Extended Storm Event During an extended rain event BMP inspections will be conducted to identify and record:  BMPs that are properly installed;  BMPs that need maintenance to operate effectively;  BMPs that have failed; or  BMPs that could fail to operate as intended. If the construction site is not accessible during the rain event, the visual inspections shall be performed at all relevant outfalls, discharge points, downstream locations. The inspections should record any projected maintenance activities. 7.6.2.3 Visual Observations Following a Qualifying Rain Event Within 48 hours following a qualifying rain event (0.5 inches of rain) a stormwater visual monitoring site inspection is required to observe:  Stormwater drainage areas to identify any spills, leaks, or uncontrolled pollutant sources;  BMPs to identify if they have been properly designed, implemented, and effective;  Need for additional BMPs;  Any stormwater storage and containment areas to detect leaks and ensure maintenance of adequate freeboard; and  Discharge of stored or contained rain water. 7.6.3 Visual Monitoring Procedures Visual monitoring shall be conducted by the QSP or staff trained by and under the supervision of the QSP. The name(s) and contact number(s) of the site visual monitoring personnel are listed below and their training qualifications are provided in Appendix K. Assigned inspector: NAME OF INSPECTOR Contact phone: TELEPHONE NUMBER Alternate inspector: NAME OF INSPECTOR Contact phone: TELEPHONE NUMBER Stormwater observations shall be documented on the Visual Inspection Field Log Sheet (see CSMP Attachment 3 “Example Forms”). BMP inspections shall be documented on the site specific BMP inspection checklist. Any photographs used to document observations will be referenced on stormwater site inspection report and maintained with the Monitoring Records in Attachment 2. CIP 20204 SWPPP 36 March 2020 The QSP shall within three (3) days of the inspection submit copies of the completed inspection report to City of San Juan Capistrano Inspector. The completed reports will be kept in CSMP Attachment 2 “Monitoring Records”. CIP 20204 SWPPP 37 March 2020 7.6.4 Visual Monitoring Follow-Up and Reporting Correction of deficiencies identified by the observations or inspections, including required repairs or maintenance of BMPs, shall be initiated and completed as soon as possible. If identified deficiencies require design changes, including additional BMPs, the implementation of changes will be initiated within 72 hours of identification and be completed as soon as possible. When design changes to BMPs are required, the SWPPP shall be amended to reflect the changes. Deficiencies identified in site inspection reports and correction of deficiencies will be tracked on the Inspection Field Log Sheet or BMP Inspection Report and shall be submitted to the QSP and shall be kept in CSMP Attachment 2 “Monitoring Records”. The QSP shall within three (3) days of the inspection submit copies of the completed Inspection Field Log Sheet or BMP Inspection Report with the corrective actions to San Juan Capistrano Inspector. Results of visual monitoring must be summarized and reported in the Annual Report. 7.6.5 Visual Monitoring Locations The inspections and observations identified in Sections 7.6.1 and 7.6.2 will be conducted at the locations identified in this section. BMP locations are shown on the Site Maps in SWPPP Appendix A. There are one (1) drainage area(s) on the project site and the contractor’s yard, staging areas, and storage areas. Drainage area(s) are shown on the Site Maps in Appendix B and Table 7.2 identifies each drainage area by location. Table 7.2 Site Drainage Areas Location No. Location C1 TBD There are no stormwater storage or containment area(s) are on the project site. Table 7.3 Stormwater Storage and Containment Areas Location No. Location N/A N/A CIP 20204 SWPPP 38 March 2020 There are one (1) discharge location(s) on the project site. Site stormwater discharge location(s) are shown on the Site Maps in Appendix B and Table 7.4 identifies each stormwater discharge location. Table 7.4 Site Stormwater Discharge Locations Location No. Location S1 Southeast corner of the project site. 7.7 Water Quality Sampling and Analysis 7.7.1 Sampling and Analysis Plan for Non-Visible Pollutants in Stormwater Runoff Discharges This Sampling and Analysis Plan for Non-Visible Pollutants describes the sampling and analysis strategy and schedule for monitoring non-visible pollutants in stormwater runoff discharges from the project site. Sampling for non-visible pollutants will be conducted when (1) a breach, leakage, malfunction, or spill is observed; and (2) the leak or spill has not been cleaned up prior to the rain event; and (3) there is the potential for discharge of non-visible pollutants to surface waters or drainage system. The following construction materials, wastes, or activities, as identified in Section 2.6, are potential sources of non-visible pollutants to stormwater discharges from the project. Storage, use, and operational locations are shown on the Site Maps in Appendix B.  Discharges associated with illegal dumping/discharging by others not associated with the project;  Wind Erosion control watering discharges;  Concrete Operations;  Striping and Painting Operations;  Paving, Grinding and Sawcutting Operations;  Sanitary and Spetic Waste Management;  General Waste and Site Litter;  Spills, and CIP 20204 SWPPP 39 March 2020  Material Use and Waste Discharges The following existing site features, as identified in Section 2.6, are potential sources of non- visible pollutants to stormwater discharges from the project. Locations of existing site features contaminated with non-visible pollutants are shown on the Site Maps in Appendix B.  There are no known existing site features that are potential sources of non-visible pollutants The following soil amendments have the potential to change the chemical properties, engineering properties, or erosion resistance of the soil and will be used on the project site. Locations of soil amendment application are shown on the Site Maps in Appendix B.  None The project has the potential to receive stormwater run-on from the following locations with the potential to contribute non-visible pollutants to stormwater discharges from the project. Locations of such run-on to the project site are shown on the Site Maps in Appendix B.  Ramos Street  CIP 20204 SWPPP 40 March 2020 7.7.1.1 Sampling Schedule Samples for the potential non-visible pollutant(s) and a sufficiently large unaffected background sample shall be collected during the first two hours of discharge from rain events that result in a sufficient discharge for sample collection. Samples shall be collected during the site’s scheduled hours and shall be collected regardless of the time of year and phase of the construction. Collection of discharge samples for non-visible pollutant monitoring will be triggered when any of the following conditions are observed during site inspections conducted prior to or during a rain event.  Materials or wastes containing potential non-visible pollutants are not stored under watertight conditions. Watertight conditions are defined as (1) storage in a watertight container, (2) storage under a watertight roof or within a building, or (3) protected by temporary cover and containment that prevents stormwater contact and runoff from the storage area.  Materials or wastes containing potential non-visible pollutants are stored under watertight conditions, but (1) a breach, malfunction, leakage, or spill is observed, (2) the leak or spill is not cleaned up prior to the rain event, and (3) there is the potential for discharge of non-visible pollutants to surface waters or a storm drain system.  A construction activity, including but not limited to those in Section 2.6, with the potential to contribute non-visible pollutants (1) was occurring during or within 24 hours prior to the rain event, (2) BMPs were observed to be breached, malfunctioning, or improperly implemented, and (3) there is the potential for discharge of non-visible pollutants to surface waters or a storm drain system.  Soil amendments that have the potential to change the chemical properties, engineering properties, or erosion resistance of the soil have been applied, and there is the potential for discharge of non-visible pollutants to surface waters or a storm drain system.  Stormwater runoff from an area contaminated by historical usage of the site has been observed to combine with stormwater runoff from the site, and there is the potential for discharge of non-visible pollutants to surface waters or a storm drain system. 7.7.1.2 Sampling Locations Sampling locations are based on proximity to planned non-visible pollutant storage, occurrence or use; accessibility for sampling, and personnel safety. Planned non-visible pollutant sampling locations are shown on the Site Maps in Appendix B and include the locations identified in Tables 7.5 through 7.7. One (1) sampling location(s) on the project site and the contractor’s yard have been identified for the collection of samples of runoff from planned material and waste storage areas and areas where non-visible pollutant producing construction activities are planned. CIP 20204 SWPPP 41 March 2020 Table 7.5 Non-Visible Pollutant Sample Locations – Contractors’ Yard Sample Location Number Sample Location Description Sample Location Latitude and Longitude (Decimal Degrees) C1 TBD [Enter Latitude] [Enter Longitude] No sampling locations have been identified for the collection of samples of runoff from drainage areas where soil amendments will be applied that have the potential to affect water quality. No sampling locations have been identified for the collection of samples of runoff from drainage areas contaminated by historical usage of the site. One (1) sampling location(s) has been identified for the collection of an uncontaminated sample of runoff as a background sample for comparison with the samples being analyzed for non-visible pollutants. This location(s) was selected such that the sample will not have come in contact with the operations, activities, or areas identified in Section 7.7.1 or with disturbed soils areas. Table 7.6 Non-Visible Pollutant Sample Locations – Background (Unaffected Sample) Sample Location Number Sample Location Sample Location Latitude and Longitude (Decimal Degrees) B1 TBD Latitude TBD Longitude TBD If a stormwater visual monitoring site inspection conducted prior to or during a storm event identifies the presence of a material storage, waste storage, or operations area with spills or the potential for the discharge of non-visible pollutants to surface waters or a storm drain system that is at a location not listed above and has not been identified on the Site Maps, sampling locations will be selected by the QSP using the same rationale as that used to identify planned locations. Non-visible pollutant sampling locations shall be identified by the QSP on the pre-rain event inspection form prior to a forecasted qualifying rain event. 7.7.1.3 Monitoring Preparation Non-visible pollutant samples will be collected by: Contractor Yes No Consultant Yes No CIP 20204 SWPPP 42 March 2020 Laboratory Yes No Samples on the project site will be collected by the following contractor sampling personnel: Name/Telephone Number: Alternate(s)/Telephone Number: An adequate stock of monitoring supplies and equipment for monitoring non-visible pollutants will be available on the project site prior to a sampling event. Monitoring supplies and equipment will be stored in a cool temperature environment that will not come into contact with rain or direct sunlight. Sampling personnel will be available to collect samples in accordance with the sampling schedule. Supplies maintained at the project site will include, but are not limited to, clean powder-free nitrile gloves, sample collection equipment, coolers, appropriate number and volume of sample bottles, identification labels, re-sealable storage bags, paper towels, personal rain gear, ice, and Effluent Sampling Field Log Sheets and Chain of Custody (CoC) forms, which are provided in CSMP Attachment 3 “Example Forms”. Samples on the project site will be collected by the following [specify laboratory or environmental consultant]: Company Name: Street Address: City, State Zip: Telephone Number: Point of Contact: Name of Sampler(s): Name of Alternate(s): The QSP or his/her designee will contact [specify name of laboratory or environmental consultant] 24 hours prior to a predicted rain event or for an unpredicted event, as soon as a rain event begins if one of the triggering conditions is identified during an inspection to ensure that adequate sample collection personnel and supplies for monitoring non-visible pollutants are available and will be mobilized to collect samples on the project site in accordance with the sampling schedule. 7.7.1.4 Analytical Constituents Table 7.8 lists the specific sources and types of potential non-visible pollutants on the project site and the water quality indicator constituent(s) for that pollutant. CIP 20204 SWPPP 43 March 2020 Table 7.7 Potential Non-Visible Pollutants and Water Quality Indicator Constituents Pollutant Source Pollutant Water Quality Indicator Constituent Asphalt Work VOCs Concrete/Masonry Work Acids pH Bleaches Residual Chlorine TSP Phosphate Solvents VOCs, SVOCs Detergents MBAS Sanitary Waste BOD, Total/Fecal Coliform Soil Preparation/Dust Control TKN, NO3, BOD, COD, DOC, Sulfate, Ni, TDS, Alkalinity Vehicle and Equipment Use Batteries Sulfuric Acid, Pb, pH 7.7.1.5 Sample Collection Samples of discharge shall be collected at the designated non-visible pollutant sampling locations shown on the Site Maps in Appendix B or in the locations determined by observed breaches, malfunctions, leakages, spills, operational areas, soil amendment application areas, and historical site usage areas that triggered the sampling event. Grab samples shall be collected and preserved in accordance with the methods identified in the Table, “Sample Collection, Preservation and Analysis for Monitoring Non-Visible Pollutants” provided in Section 7.7.1.6. Only the QSP, or personnel trained in water quality sampling under the direction of the QSP shall collect samples. Sample collection and handling requirements are described in Section 7.7.7. 7.7.1.6 Sample Analysis Samples shall be analyzed using the analytical methods identified in the Table 7.9. Samples will be analyzed by: Laboratory Name: Street Address: City, State Zip: CIP 20204 SWPPP 44 March 2020 Telephone Number: Point of Contact: ELAP Certification Number: Samples will be delivered to the laboratory by: Driven by Contractor Yes No Picked up by Laboratory Courier Yes No Shipped Yes No CIP 20204 SWPPP 45 March 2020 Table 7.8 Sample Collection, Preservation and Analysis for Monitoring Non-Visible Pollutants Constituent Analytical Method Minimum Sample Volume Sample Containers Sample Preservation Reporting Limit Maximum Holding Time VOCs-Silvents EPA 8260B 3x40ml VOA-Glass Store at 4℃ , HCI to pH<2 1 ug/L 14 Days SVOCs EPA 8270C 1x1L Glass-Amber Store at 4℃ 10 ug/L 7 Days Pesticides/PCBs EPA 8081A/8082 1x1L Glass-Amber Store at 4℃ 0.1 ug/L 7 Days Herbicides EPA 8151A 1x1L Glass-Amber Store at 4℃ Check Lab 7 Days BOD EPA 405.1 1x500ml Polypropylene Store at 4℃ 1 mg/L 48 Hours COD EPA 410.4 1x250ml Glass-Amber Store at 4℃ , H2SO4 to pH<2 5 mg/L 28 Days DO SM 4500-0 G 1x250ml Glass-Amber Store at 4℃ Check Lab 8 Hours pH Field Test 1x100ml Polypropylene None Unit less 15 Minutes Alkalinity SM 2320B 1x250ml Polypropylene Store at 4℃ 1mg/L 14 Days Metals (Non-Chromium VI) EPA 6010B/7470A 1x250ml Polypropylene Store at 4℃ , HNO3 to pH<2 0.1 mg/L 6 Months Metals (Chromium IV) EPA 7199 1x500ml Polypropylene Store at 4℃ 1ug/L 24 Hours CIP 20204 SWPPP 46 March 2020 Table 7.8 Sample Collection, Preservation and Analysis for Monitoring Non-Visible Pollutants Constituent Analytical Method Minimum Sample Volume Sample Containers Sample Preservation Reporting Limit Maximum Holding Time Notes: ℃ – Degrees Celsius, μg/L – Micrograms per Liter BOD – Biochemical Oxygen Demand, mL – Milliliter COD – Chemical Oxygen Demand, PCB – Polychlorinated Biphenyl DO – Dissolved Oxygen, SVOC – Semi-Volatile Organic Compound EPA – Environmental Protection Agency, SM – Standard Method HCl – Hydrochloric Acid, H2SO4 – Sulfuric Acid HNO3 – Nitric Acid, VOA – Volatile Organic Analysis L – Liter, VOC – Volatile Organic Compound mg/L – Milligrams per Liter CIP 20204 SWPPP 47 March 2020 7.7.1.7 Data Evaluation and Reporting The QSP shall complete an evaluation of the water quality sample analytical results. Runoff/downgradient results shall be compared with the associated upgradient/unaffected results and any associated run-on results. Should the runoff/downgradient sample show an increased level of the tested analyte relative to the unaffected background sample, which cannot be explained by run-on results, the BMPs, site conditions, and surrounding influences shall be assessed to determine the probable cause for the increase. As determined by the site and data evaluation, appropriate BMPs shall be repaired or modified to mitigate discharges of non-visible pollutant concentrations. Any revisions to the BMPs shall be recorded as an amendment to the SWPPP. The General Permit prohibits the storm water discharges that contain hazardous substances equal to or in excess of reportable quantities established in 40 C.F.R. §§ 117.3 and 302.4. The results of any non-stormwater discharge results that indicate the presence of a hazardous substance in excess of established reportable quantities shall be immediately reported to the Regional Water Board and other agencies as required by 40 C.F.R. §§ 117.3 and 302.4. Results of non-visible pollutant monitoring shall be reported in the Annual Report. 7.7.2 Sampling and Analysis Plan for pH and Turbidity in Stormwater Runoff Discharges Sampling and analysis of runoff for pH and turbidity is not required for Risk Level 1 projects. 7.7.3 Sampling and Analysis Plan for pH, Turbidity, and SSC in Receiving Water This project is not subject to Receiving Water Monitoring. 7.7.4 Sampling and Analysis Plan for Non-Stormwater Discharges This project is not subject to the non-stormwater sampling and analysis requirements of the General Permit because it is a Risk Level 1 project. CIP 20204 SWPPP 48 March 2020 7.7.5 Sampling and Analysis Plan for Other Pollutants Required by the Regional Water Board The Regional Water Board has not specified monitoring for additional pollutants. 7.7.6 Training of Sampling Personnel Sampling personnel shall be trained to collect, maintain, and ship samples in accordance with the Surface Water Ambient Monitoring program (SWAMP) 2008 Quality Assurance Program Plan (QAPrP). Training records of designated contractor sampling personnel are provided in Appendix K. The stormwater sampler(s) and alternate(s) have received the following stormwater sampling training: Name Training INSERT LIST OF TRAINING COURSES INSERT LIST OF TRAINING COURSES The stormwater sampler(s) and alternates have the following stormwater sampling experience: Name Experience INSERT LIST OF STORMWATER SAMPLING EXPERIENCE INSERT LIST OF STORMWATER SAMPLING EXPERIENCE 7.7.7 Sample Collection and Handling 7.7.7.1 Sample Collection Samples shall be collected at the designated sampling locations shown on the Site Maps and listed in the preceding sections. Samples shall be collected, maintained and shipped in accordance with the SWAMP 2008 Quality Assurance Program Plan (QAPrP). Grab samples shall be collected and preserved in accordance with the methods identified in preceding sections. To maintain sample integrity and prevent cross-contamination, sample collection personnel shall follow the protocols below.  Collect samples (for laboratory analysis) only in analytical laboratory-provided sample containers;  Wear clean, powder-free nitrile gloves when collecting samples;  Change gloves whenever something not known to be clean has been touched;  Change gloves between sites; CIP 20204 SWPPP 49 March 2020  Decontaminate all equipment (e.g. bucket, tubing) prior to sample collection using a trisodium phosphate water wash, distilled water rinse, and final rinse with distilled water. (Dispose of wash and rinse water appropriately, i.e., do not discharge to storm drain or receiving water). Do not decontaminate laboratory provided sample containers;  Do not smoke during sampling events;  Never sample near a running vehicle;  Do not park vehicles in the immediate sample collection area (even non-running vehicles);  Do not eat or drink during sample collection; and  Do not breathe, sneeze, or cough in the direction of an open sample container. The most important aspect of grab sampling is to collect a sample that represents the entire runoff stream. Typically, samples are collected by dipping the collection container in the runoff flow paths and streams as noted below. i. For small streams and flow paths, simply dip the bottle facing upstream until full. ii. For larger stream that can be safely accessed, collect a sample in the middle of the flow stream by directly dipping the mouth of the bottle. Once again making sure that the opening of the bottle is facing upstream as to avoid any contamination by the sampler. iii. For larger streams that cannot be safely waded, pole-samplers may be needed to safely access the representative flow. iv. Avoid collecting samples from ponded, sluggish or stagnant water. v. Avoid collecting samples directly downstream from a bridge as the samples can be affected by the bridge structure or runoff from the road surface. Note, that depending upon the specific analytical test, some containers may contain preservatives. These containers should never be dipped into the stream, but filled indirectly from the collection container. 7.7.7.2 Sample Handling Turbidity and pH measurements must be conducted immediately. Do not store turbidity or pH samples for later measurement. Samples for laboratory analysis must be handled as follows. Immediately following sample collection:  Cap sample containers;  Complete sample container labels;  Sealed containers in a re-sealable storage bag;  Place sample containers into an ice-chilled cooler;  Document sample information on the Effluent Sampling Field Log Sheet; and  Complete the CoC. All samples for laboratory analysis must be maintained between 0-6 degrees Celsius during delivery to the laboratory. Samples must be kept on ice, or refrigerated, from sample collection through delivery to the laboratory. Place samples to be shipped inside coolers with ice. Make sure the sample bottles are well packaged to prevent breakage and secure cooler lids with packaging tape. CIP 20204 SWPPP 50 March 2020 Ship samples that will be laboratory analyzed to the analytical laboratory right away. Hold times are measured from the time the sample is collected to the time the sample is analyzed. The General Permit requires that samples be received by the analytical laboratory within 48 hours of the physical sampling (unless required sooner by the analytical laboratory). Laboratory Name: Address: City, State Zip: Telephone Number: Point of Contact: 7.7.7.3 Sample Documentation Procedures All original data documented on sample bottle identification labels, Effluent Sampling Field Log Sheet, and CoCs shall be recorded using waterproof ink. These shall be considered accountable documents. If an error is made on an accountable document, the individual shall make corrections by lining through the error and entering the correct information. The erroneous information shall not be obliterated. All corrections shall be initialed and dated. Duplicate samples shall be identified consistent with the numbering system for other samples to prevent the laboratory from identifying duplicate samples. Duplicate samples shall be identified in the Effluent Sampling Field Log Sheet. Sample documentation procedures include the following: Sample Bottle Identification Labels: Sampling personnel shall attach an identification label to each sample bottle. Sample identification shall uniquely identify each sample location. Field Log Sheets: Sampling personnel shall complete the Effluent Sampling Field Log Sheet and Receiving Water Sampling Field Log Sheet for each sampling event, as appropriate. Chain of Custody: Sampling personnel shall complete the CoC for each sampling event for which samples are collected for laboratory analysis. The sampler will sign the CoC when the sample(s) is turned over to the testing laboratory or courier. 7.8 Active Treatment System Monitoring An Active Treatment System (ATS) will be deployed on the site? Yes No This project does not require a project specific Sampling and Analysis Plan for an ATS because deployment of an ATS is not planned. 7.9 Bioassessment Monitoring This project is not subject to bioassessment monitoring because it is not a Risk Level 3 project. This project is Risk Level 3 Yes No This project will disturb more than30 acres Yes No CIP 20204 SWPPP 51 March 2020 This project directly discharges runoff to a freshwater wadeable stream (or streams) that is either: Yes No a) Listed by the State Water Board or EPA as impaired due to sediment or is tributary to any downstream waterbody that is listed for sediment impairments or b) Has the beneficial uses of SPAWN and COLD and MIGRATORY This project is not subject to bioassessment monitoring because it does not meet both of the permit specified trigger requirements. 7.10 Watershed Monitoring Option This project is not participating in a watershed monitoring option. 7.11 Quality Assurance and Quality Control An effective Quality Assurance and Quality Control (QA/QC) plan shall be implemented as part of the CSMP to ensure that analytical data can be used with confidence. QA/QC procedures to be initiated include the following:  Field logs;  Clean sampling techniques;  CoCs;  QA/QC Samples; and  Data verification. Each of these procedures is discussed in more detail in the following sections. 7.11.1 Field Logs The purpose of field logs is to record sampling information and field observations during monitoring that may explain any uncharacteristic analytical results. Sampling information to be included in the field log include the date and time of water quality sample collection, sampling personnel, sample container identification numbers, and types of samples that were collected. Field observations should be noted in the field log for any abnormalities at the sampling location (color, odor, BMPs, etc.). Field measurements for pH and turbidity should also be recorded in the field log. A Visual Inspection Field Log, an Effluent Sampling Field Log Sheet, are included in CSMP Attachment 3 “Example Forms”. 7.11.2 Clean Sampling Techniques Clean sampling techniques involve the use of certified clean containers for sample collection and clean powder-free nitrile gloves during sample collection and handling. As discussed in Section CIP 20204 SWPPP 52 March 2020 7.7.7, adoption of a clean sampling approach will minimize the chance of field contamination and questionable data results. 7.11.3 Chain of Custody The sample CoC is an important documentation step that tracks samples from collection through analysis to ensure the validity of the sample. Sample CoC procedures include the following:  Proper labeling of samples;  Use of CoC forms for all samples; and  Prompt sample delivery to the analytical laboratory. Analytical laboratories usually provide CoC forms to be filled out for sample containers. An example CoC is included in CSMP Attachment 3 “Example Forms”. 7.11.4 QA/QC Samples QA/QC samples provide an indication of the accuracy and precision of the sample collection; sample handling; field measurements; and analytical laboratory methods. The following types of QA/QC will be conducted for this project: Field Duplicates at a frequency of [5 percent or 1 duplicate minimum per sampling event] (Required for all sampling plans with field measurements or laboratory analysis) Equipment Blanks at a frequency of [Insert frequency required by method] (Only needed if equipment used to collect samples could add the pollutants to sample) Field Blanks at a frequency of [Insert frequency required by method] (Only required if sampling method calls for field blanks) Travel Blanks at a frequency of [Insert frequency required by method] (Required for sampling plans that include VOC laboratory analysis) 7.11.4.1 Field Duplicates Field duplicates provide verification of laboratory or field analysis and sample collection. Duplicate samples shall be collected, handled, and analyzed using the same protocols as primary samples. The sample location where field duplicates are collected shall be randomly selected from the discharge locations. Duplicate samples shall be collected immediately after the primary sample has been collected. Duplicate samples must be collected in the same manner and as close in time as possible to the original sample. Duplicate samples shall not influence any evaluations or conclusion. 7.11.4.2 Equipment Blanks Equipment blanks provide verification that equipment has not introduced a pollutant into the sample. Equipment blanks are typically collected when:  New equipment is used;  Equipment that has been cleaned after use at a contaminated site;  Equipment that is not dedicated for surface water sampling is used; or CIP 20204 SWPPP 53 March 2020  Whenever a new lot of filters is used when sampling metals. 7.11.4.3 Field Blanks Field blanks assess potential sample contamination levels that occur during field sampling activities. De-ioninzed water field blanks are taken to the field, transferred to the appropriate container, and treated the same as the corresponding sample type during the course of a sampling event. 7.11.4.4 Travel Blanks Travel blanks assess the potential for cross-contamination of volatile constituents between sample containers during shipment from the field to the laboratory. De-ioninzed water blanks are taken along for the trip and held unopened in the same cooler with the VOC samples. 7.11.5 Data Verification After results are received from the analytical laboratory, the QSP shall verify the data to ensure that it is complete, accurate, and the appropriate QA/QC requirements were met. Data must be verified as soon as the data reports are received. Data verification shall include:  Check the CoC and laboratory reports. Make sure all requested analyses were performed and all samples are accounted for in the reports.  Check laboratory reports to make sure hold times were met and that the reporting levels meet or are lower than the reporting levels agreed to in the contract.  Check data for outlier values and follow up with the laboratory. Occasionally typographical errors, unit reporting errors, or incomplete results are reported and should be easily detected. These errors need to be identified, clarified, and corrected quickly by the laboratory. The QSP should especially note data that is an order of magnitude or more different than similar locations, or is inconsistent with previous data from the same location.  Check laboratory QA/QC results. EPA establishes QA/QC checks and acceptable criteria for laboratory analyses. These data are typically reported along with the sample results. The QSP shall evaluate the reported QA/QC data to check for contamination (method, field, and equipment blanks), precision (laboratory matrix spike duplicates), and accuracy (matrix spikes and laboratory control samples). When QA/QC checks are outside acceptable ranges, the laboratory must flag the data, and usually provides an explanation of the potential impact to the sample results.  Check the data set for outlier values and, accordingly, confirm results and re-analyze samples where appropriate. Sample re-analysis should only be undertaken when it appears that some part of the QA/QC resulted in a value out of the accepted range. Sample results may not be discounted unless the analytical laboratory identifies the required QA/QC criteria were not met and confirms this in writing. CIP 20204 SWPPP 54 March 2020 Field data including inspections and observations must be verified as soon as the field logs are received, typically at the end of the sampling event. Field data verification shall include:  Check field logs to make sure all required measurements were completed and appropriately documented;  Check reported values that appear out of the typical range or inconsistent; Follow-up immediately to identify potential reporting or equipment problems, if appropriate, recalibrate equipment after sampling;  Verify equipment calibrations;  Review observations noted on the field logs; and  Review notations of any errors and actions taken to correct the equipment or recording errors. 7.12 Records Retention All records of stormwater monitoring information and copies of reports (including Annual Reports) must be retained for a period of at least three years from date of submittal or longer if required by the Regional Water Board. Results of visual monitoring, field measurements, and laboratory analyses must be kept in the SWPPP along with CoCs, and other documentation related to the monitoring. Records are to be kept onsite while construction is ongoing. Records to be retained include:  The date, place, and time of inspections, sampling, visual observations, and/or measurements, including precipitation;  The individual(s) who performed the inspections, sampling, visual observation, and/or field measurements;  The date and approximate time of field measurements and laboratory analyses;  The individual(s) who performed the laboratory analyses;  A summary of all analytical results, the method detection limits and reporting limits, and the analytical techniques or methods used;  Rain gauge readings from site inspections;  QA/QC records and results;  Calibration records;  Visual observation and sample collection exemption records;  The records of any corrective actions and follow-up activities that resulted from analytical results, visual observations, or inspections; CIP 20204 SWPPP 55 March 2020 CSMP Attachment 1: Weather Reports CIP 20204 SWPPP 56 March 2020 CIP 20204 SWPPP 57 March 2020 CSMP Attachment 2: Monitoring Records CIP 20204 SWPPP 58 March 2020 CIP 20204 SWPPP 59 March 2020 CSMP Attachment 3: Example Forms CIP 20204 SWPPP 60 March 2020 CIP 20204 SWPPP 61 March 2020 Rain Gauge Log Sheet Construction Site Name: WDID #: Date (mm/dd/yy) Time (24-hr) Initials Rainfall Depth (Inches) Notes: CIP 20204 SWPPP 62 March 2020 Risk Level 1, 2, 3 Visual Inspection Field Log Sheet Date and Time of Inspection: Report Date: Inspection Type: □ Weekly □ Before predicted rain □ During rain event □ Following qualifying rain event □ Contained stormwater release □ Quarterly non- stormwater Site Information Construction Site Name: Construction stage and completed activities: Approximate area of exposed site: Weather and Observations Date Rain Predicted to Occur: Predicted % chance of rain: Estimate storm beginning: (date and time) Estimate storm duration:_________ (hours) Estimate time since last storm: ________ (days or hours) Rain gauge reading: _______ (inches) Observations: If yes identify location Odors Yes □ No □ Floating material Yes □ No □ Suspended Material Yes □ No □ Sheen Yes □ No □ Discolorations Yes □ No □ Turbidity Yes □ No □ Site Inspections Outfalls or BMPs Evaluated Deficiencies Noted (add additional sheets or attached detailed BMP Inspection Checklists) Photos Taken: Yes □ No □ Photo Reference IDs: Corrective Actions Identified (note if SWPPP/REAP change is needed) Inspector Information Inspector Name: Inspector Title: Signature: Date: CIP 20204 SWPPP 63 March 2020 Risk Level 2 Effluent Sampling Field Log Sheets Construction Site Name: Date: Time Start: Sampler: Sampling Event Type: □ Stormwater □ Non-stormwater □ Non-visible pollutant Field Meter Calibration pH Meter ID No./Desc.: Calibration Date/Time: Turbidity Meter ID No./Desc.: Calibration Date/Time: Field pH and Turbidity Measurements Discharge Location Description pH Turbidity Time Grab Samples Collected Discharge Location Description Sample Type Time Additional Sampling Notes: Time End: CIP 20204 SWPPP 64 March 2020 Risk Level 3 Effluent Sampling Field Log Sheets Construction Site Name: Date: Time Start: Sampler: Sampling Event Type: □ Stormwater □ Non-stormwater □ Non-visible pollutant Field Meter Calibration pH Meter ID No./Desc.: Calibration Date/Time: Turbidity Meter ID No./Desc.: Calibration Date/Time: Field pH and Turbidity Measurements Discharge Location Description pH Turbidity Time Grab Samples Collected Discharge Location Description Other (specify) Time Additional Sampling Notes: Time End: CIP 20204 SWPPP 65 March 2020 Risk Level 3 Receiving Water Sampling Field Log Sheets Construction Site Name: Date: Time Start: Sampler: Receiving Water Description and Observations Receiving Water Name/ID: Observations: Odors Yes □ No □ Floating material Yes □ No □ Suspended Material Yes □ No □ Sheen Yes □ No □ Discolorations Yes □ No □ Turbidity Yes □ No □ Field Meter Calibration pH Meter ID No./Desc.: Calibration Date/Time: Turbidity Meter ID No./Desc.: Calibration Date/Time: Field pH and Turbidity Measurements and SSC Grab Sample Upstream Location Type Result Time Notes pH Turbidity SSC Collected Yes □ No □ Downstream Location Type Result Time Notes pH Turbidity SSC Collected Yes □ No □ Additional Sampling Notes: Time End: CIP 20204 SWPPP 66 March 2020 NAL Exceedance Evaluation Summary Report Page __ of __ Project Name Project WDID Project Location Date of Exceedance Type of Exceedance NAL Daily Average pH Turbidity Other (specify) Measurement or Analytical Method Field meter (Sensitivity: ) Lab method (specify) (Reporting Limit: ) (MDL: ) Calculated Daily Average pH pH units Turbidity NTU Rain Gauge Measurement inches Compliance Storm Event inches (5-year, 24-hour event) Visual Observations on Day of Exceedance CIP 20204 SWPPP 67 March 2020 NAL Exceedance Evaluation Summary Report Page __ of __ Description of BMPs in Place at Time of Event Initial Assessment of Cause Corrective Actions Taken (deployed after exceedance) Additional Corrective Actions Proposed Report Completed By (Print Name, Title) Signature CIP 20204 SWPPP 68 March 2020 CHAIN-OF-CUSTODY DATE: Lab ID: DESTINATION LAB: REQUESTED ANALYSIS Notes: ATTN: ADDRESS: Office Phone: Cell Phone: SAMPLED BY: Contact: Project Name Client Sample ID Sample Sample Sample Container Date Time Matrix # Type Pres. SENDER COMMENTS: RELINQUISHED BY Signature: Print: Company: Date: TIME: LABORATORY COMMENTS: RECEIVED BY Signature: Print: Company: Date: TIME: CASQA SWPPP Template 69 July 2012 CSMP Attachment 4: Field Meter Instructions CASQA SWPPP Template 70 July 2012 CASQA SWPPP Template 71 July 2012 CSMP Attachment 5: Supplemental Information CASQA SWPPP Template 72 July 2012 CASQA SWPPP Template 73 January 2014 Section 8 References Project Plans and Specifications No. [Insert Number] dated [insert date], prepared by [entity preparing plans and specifications] State Water Resources Control Board (2009). Order 2009-0009-DWQ, NPDES General Permit No. CAS000002: National Pollutant Discharges Elimination System (NPDES) California General Permit for Storm Water Discharge Associated with Construction and Land Disturbing Activities. Available on-line at: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml. State Water Resources Control Board (2010). Order 2010-0014-DWQ, NPDES General Permit No. CAS000002: National Pollutant Discharges Elimination System (NPDES) California General Permit for Storm Water Discharge Associated with Construction and Land Disturbing Activities. Available on-line at: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml. State Water Resources Control Board (2012). Order 2012-0006-DWQ, NPDES General Permit No. CAS000002: National Pollutant Discharges Elimination System (NPDES) California General Permit for Storm Water Discharge Associated with Construction and Land Disturbing Activities. Available on-line at: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml. [Include additional references as needed] CASQA 2015, Stormwater BMP Handbook Portal: Construction, January 2015, www.casqa.org CASQA SWPPP Template 74 January 2014 Appendix A: Calculations 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A B C Entry 0.27 0.17 2.4 Watershed Erosion Estimate (=RxKxLS) in tons/acre Site Sediment Risk Factor Low Sediment Risk: < 15 tons/acre Medium Sediment Risk: >=15 and <75 tons/acre High Sediment Risk: >= 75 tons/acre (See attached map from California GIS Database) K Factor Value (See attached map from California GIS Database) LS Factor Value Low C) LS Factor (weighted average, by area, for all slopes) The soil-erodibility factor K represents: (1) susceptibility of soil or surface material to erosion, (2) transportability of the sediment, and (3) the amount and rate of runoff given a particular rainfall input, as measured under a standard condition. Fine-textured soils that are high in clay have low K values (about 0.05 to 0.15) because the particles are resistant to detachment. Coarse-textured soils, such as sandy soils, also have low K values (about 0.05 to 0.2) because of high infiltration resulting in low runoff even though these particles are easily detached. Medium-textured soils, such as a silt loam, have moderate K values (about 0.25 to 0.45) because they are moderately susceptible to particle detachment and they produce runoff at moderate rates. Soils having a high silt content are especially susceptible to erosion and have high K values, which can exceed 0.45 and can be as large as 0.65. Silt-size particles are easily detached and tend to crust, producing high rates and large volumes of runoff. Use Site-specific data must be submitted. The effect of topography on erosion is accounted for by the LS factor, which combines the effects of a hillslope-length factor, L, and a hillslope-gradient factor, S. Generally speaking, as hillslope length and/or hillslope gradient increase, soil loss increases. As hillslope length increases, total soil loss and soil loss per unit area increase due to the progressive accumulation of runoff in the downslope direction. As the hillslope gradient increases, the velocity and erosivity of runoff increases. Use the LS table located in separate tab of this spreadsheet to determine LS factors. Estimate the weighted LS for the site prior to construction. 0.11016 Site-specific K factor guidance LS Table Sediment Risk Factor Worksheet A) R Factor R Factor Value B) K Factor (weighted average, by area, for all site soils) Analyses of data indicated that when factors other than rainfall are held constant, soil loss is directly proportional to a rainfall factor composed of total storm kinetic energy (E) times the maximum 30-min intensity (I30) (Wischmeier and Smith, 1958). The numerical value of R is the average annual sum of EI30 for storm events during a rainfall record of at least 22 years. "Isoerodent" maps were developed based on R values calculated for more than 1000 locations in the Western U.S. Refer to the link below to determine the R factor for the project site. http://cfpub.epa.gov/npdes/stormwater/LEW/lewCalculator.cfm Receiving Water (RW) Risk Factor Worksheet Entry Score A. Watershed Characteristics yes/no A.1. Does the disturbed area discharge (either directly or indirectly) to a 303(d)-listed waterbody impaired by sediment? For help with impaired waterbodies please check the attached worksheet or visit the link below: 2006 Approved Sediment-impared WBs Worksheet http://www.waterboards.ca.gov/water_issues/programs/tmdl/303d_lists2006_epa.shtml OR A.2. Does the disturbed area discharge to a waterbody with designated beneficial uses of SPAWN & COLD & MIGRATORY? http://www.ice.ucdavis.edu/geowbs/asp/wbquse.asp No Low Low Medium High Low Level 1 High Level 3 Project Sediment Risk:Low 1 Project RW Risk:Low 1 Project Combined Risk:Level 1 Combined Risk Level Matrix Sediment Risk Receiving Water RiskLevel 2 Level 2 3/16/2020 Rainfall Erosivity Factor Calculator | US EPA https://lew.epa.gov 1/2 National Pollutant Discharge Elimination System (NPDES) CONTACT US SHARE     Rainfall Erosivity Factor Calculator for Small Construction Sites EPA’s stormwater regulations allow NPDES permitting authorities to waive NPDES permitting requirements for stormwater discharges from small construction sites if: the construction site disturbs less than five acres, and the rainfall erosivity factor (“R” in the revised universal soil loss equation, or RUSLE) value is less than five during the period of construction activity. If your small construction project is located in an area where EPA is the permitting authority and your R factor is less than five, you qualify for a low erosivity waiver (LEW) from NPDES stormwater permitting. If your small construction project does not qualify for a waiver, then NPDES stormwater permit coverage is required. Follow the steps below to calculate your R-Factor. LEW certifications are submitted through the NPDES eReporting Tool or “CGP-NeT”. Several states that are authorized to implement the NPDES permitting program also accept LEWs. Check with your state NPDES permitting authority for more information. Submit your LEW through EPA’s eReporting Tool List of states, Indian country, and territories where EPA is the permitting authority Construction Rainfall Erosivity Waiver Fact Sheet Appendix C of the 2017 CGP – Small Construction Waivers and Instructions The R-factor calculation can also be integrated directly into custom applications using the R-Factor web service. For questions or comments, email EPA’s CGP staff at cgp@epa.gov. Select the estimated start and end dates of construction by clicking the boxes and using the dropdown calendar. The period of construction activity begins at initial earth disturbance and ends with final stabilization. Locate your small construction project using the search box below or by clicking on the map. Location: -117.66708515609739 , 33.502094913775075 Search 1 Star t Date: 05 /04 /2020 End Date: 06 /07 /2020 2   3/16/2020 Rainfall Erosivity Factor Calculator | US EPA https://lew.epa.gov 2/2 Click the "Calculate R Factor" button below to calculate an R Factor for your small construction project. Calculate R Factor County of Los Angeles, County of Riverside, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/NASA, EPA, US…Powered by Esri 3 Facility Information Start Date: 05/04/2020 Latitude: 33.5021 End Date: 06/07/2020 Longitude: -117.6671 Calculation Results Rainfall erosivity factor (R Factor) = 0.27 A rainfall erosivity factor of less than 5.0 has been calculated for your site and period of construction. If you are located in an area where EPA is the permitting authority, you can submit a LEW through EPA’s NPDES eReporting Tool (NeT). Otherwise, contact your state permitting authority to determine if you are eligible for a waiver from NPDES permitting requirements. If you submitted a LEW through EPA’s NeT and your construction activity ultimately extends past the project completion date you specified above, you must recalculate the R factor using the original start date and a new project completion date. If the recalculated R factor is still less than 5.0, you must submit a modification to your LEW through NeT before the end of the original construction period. If the new R factor is 5.0 or greater, you must submit a Notice of Intent (NOI) instead to be covered by the Construction General Permit (CGP) before the original project completion date. CASQA SWPPP Template 75 January 2014 CASQA SWPPP Template 76 January 2014 Appendix B: Site Maps CNC E N G I N E E R I N G 2121 ALTON PARKWAY, SUITE 200 IRVINE, CA 92606 PHONE (949) 863-0588 FAX (949) 863-0589 C o n s u l t i n g C i v i l E n g i n e e r s a n d L a n d S u r v e y o r s NO. 36943SHAHABNAZA R I EREGISTEREDP R O F ESSIONA LENGINEERS T ATEOF CA L IF O R NIACI V I L E N G I N E E R I N G S U R V E Y I N G C O N S T R U C T I O N CNC CITY OF SAN JUAN CAPISTRANO WATER POLLUTION CONTROL PLANS (WPCP) FOR RAMOS STREET PARKING LOT EXPANSION CIP NO. 20204 “ ” “”“” NO. 36943SHAHABNAZA R I EREGISTEREDP R O F ESSIONA LENGINEERS T ATEOF CA L IF O R NIACI V I L E N G I N E E R I N G S U R V E Y I N G C O N S T R U C T I O N CNC CASQA SWPPP Template 77 January 2014 CASQA SWPPP Template 78 January 2014 Appendix C: Permit Registration Documents CASQA SWPPP Template 79 January 2014 Permit Registration Documents included in this Appendix Y/N Permit Registration Document Notice of Intent Risk Assessment Certification Post Construction Water Balance Copy of Annual Fee Receipt ATS Design Documents Site Map, see Appendix B CASQA SWPPP Template 80 January 2014 Appendix D: SWPPP Amendment Certifications CASQA SWPPP Template 81 January 2014 CASQA SWPPP Template 82 January 2014 SWPPP Amendment No. Project Name: Project Number: Qualified SWPPP Developer’s Certification of the Stormwater Pollution Prevention Plan Amendment “This Stormwater Pollution Prevention Plan and attachments were prepared under my direction to meet the requirements of the California Construction General Permit (SWRCB Order No. 2009-009-DWQ as amended by 2010-0014-DWQ and 2012-00xx-DWQ). I certify that I am a Qualified SWPPP Developer in good standing as of the date signed below.” QSD’s Signature Date QSD Name QSD Certificate Number Title and Affiliation Telephone Address Email CASQA SWPPP Template 83 January 2014 Appendix E: Submitted Changes to PRDs CASQA SWPPP Template 84 January 2014 Log of Updated PRDs The General Permit allows for the reduction or increase of the total acreage covered under the General Permit when a portion of the project is complete and/or conditions for termination of coverage have been met; when ownership of a portion of the project is purchased by a different entity; or when new acreage is added to the project. Modified PRDs shall be filed electronically within 30 days of a reduction or increase in total disturbed area if a change in permit covered acreage is to be sought. The SWPPP shall be modified appropriately, with revisions and amendments recorded in Appendix C. Updated PRDs submitted electronically via SMARTS can be found in this Appendix. This appendix includes all of the following updated PRDs (check all that apply): Revised Notice of Intent (NOI); Revised Site Map; Revised Risk Assessment; New landowner’s information (name, address, phone number, email address); and New signed certification statement. Legally Responsible Person [if organization] Signature of [Authorized Representative of] Legally Responsible Person or Approved Signatory Date Name of [Authorized Representative of] Legally Responsible Person or Approved Signatory Telephone Number CASQA SWPPP Template 85 January 2014 Appendix F: Construction Schedule CASQA SWPPP Template 86 January 2014 CASQA SWPPP Template 87 January 2014 Appendix G: Construction Activities, Materials Used, and Associated Pollutants CASQA SWPPP Template 88 January 2014 CASQA SWPPP Template 89 January 2014 Table G.1 Construction Activities and Associated Pollutants Phase Activity Associated Materials or Pollutants Pollutant Category(1) Grading and Land Development Soil preparation/amendments Use of soil additives/amendments Nutrients Vehicle and equipment use Equipment operation Equipment maintenance Equipment washing Equipment fueling Oil and Grease Streets and Utilities Phase Asphalt paving/curbs Hot and cold mix asphalt Oil and Grease Concrete / Masonry Cement and brick dust Colored chalks Concrete curing compounds Glazing compounds Surfaces cleaners Saw cut slurries Tile cutting Metals, Synthetic Organics Liquid waste Wash waters Irrigation line testing/flushing Metals, Synthetic Organics Utility line testing and flushing Hydrostatic test water Pipe flushing Synthetic Organics Sanitary waste Portable toilets Disturbance of existing sewer lines. Nutrients Solid waste Litter, trash and debris Vegetation Gross Pollutants Vertical Construction Phase Adhesives Adhesives, glues, resins, epoxy synthetics, PVC cement Caulks, sealers, putty, sealing agents and Coal tars (naphtha, pitch) Oil and Grease, Synthetic Organics Cleaners Polishes (metal, ceramic, tile) Etching agents Cleaners, ammonia, lye, caustic sodas, bleaching agents and chromate salts Metals, Synthetic Organics Drywall Saw-cutting drywall Metals CASQA SWPPP Template 90 January 2014 Table G.1 Construction Activities and Associated Pollutants Phase Activity Associated Materials or Pollutants Pollutant Category(1) Framing/Carpentry Sawdust, particle board dust, and treated woods Saw cut slurries Metals, Synthetic Organics Heating, Ventilation, Air Conditioning Demolition or construction of air condition and heating systems Metals, Synthetic Organics Insulation Demolition or construction involving insulation, venting systems Metals, Synthetic Organics Painting Paint thinners, acetone, methyl ethyl ketone, stripper paints, lacquers, varnish, enamels, turpentine, gum spirit, solvents, dyes, stripping pigments and sanding Metals, Synthetic Organics Plumbing Solder (lead, tin), flux (zinc chloride), pipe fitting Galvanized metal in nails, fences, and electric wiring Metals, Synthetic Organics Roofing Flashing Saw cut slurries (tile cutting) Shingle scrap and debris Metals, Oil and Grease, Synthetic Organics Landscaping and Site Stabilization Phase Planting / Vegetation Management Vegetation control (pesticides/herbicides) Planting Plant maintenance Vegetation removal Nutrients, Metals, Synthetic Organics (1) Categories per CASQA BMP Handbook (i.e., Sediment, Nutrients, Bacteria and Viruses, Oil and Grease, Metals, Synthetic Organics, Pesticides, Gross Pollutants, and Vector Production CASQA SWPPP Template 91 January 2014 Appendix H: CASQA Stormwater BMP Handbook Portal: Construction Fact Sheets Scheduling EC-1 November 2009 California Stormwater BMP Handbook 1 of 3 Construction www.casqa.org Description and Purpose Scheduling is the development of a written plan that includes sequencing of construction activities and the implementation of BMPs such as erosion control and sediment control while taking local climate (rainfall, wind, etc.) into consideration. The purpose is to reduce the amount and duration of soil exposed to erosion by wind, rain, runoff, and vehicle tracking, and to perform the construction activities and control practices in accordance with the planned schedule. Suitable Applications Proper sequencing of construction activities to reduce erosion potential should be incorporated into the schedule of every construction project especially during rainy season. Use of other, more costly yet less effective, erosion and sediment control BMPs may often be reduced through proper construction sequencing. Limitations  Environmental constraints such as nesting season prohibitions reduce the full capabilities of this BMP. Implementation  Avoid rainy periods. Schedule major grading operations during dry months when practical. Allow enough time before rainfall begins to stabilize the soil with vegetation or physical means or to install sediment trapping devices.  Plan the project and develop a schedule showing each phase of construction. Clearly show how the rainy season relates Categories EC Erosion Control  SE Sediment Control  TC Tracking Control  WE Wind Erosion Control  NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment  Nutrients Trash Metals Bacteria Oil and Grease Organics Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Scheduling EC-1 November 2009 California Stormwater BMP Handbook 2 of 3 Construction www.casqa.org to soil disturbing and re-stabilization activities. Incorporate the construction schedule into the SWPPP.  Include on the schedule, details on the rainy season implementation and deployment of: ­ Erosion control BMPs ­ Sediment control BMPs ­ Tracking control BMPs ­ Wind erosion control BMPs ­ Non-stormwater BMPs ­ Waste management and materials pollution control BMPs  Include dates for activities that may require non-stormwater discharges such as dewatering, sawcutting, grinding, drilling, boring, crushing, blasting, painting, hydro-demolition, mortar mixing, pavement cleaning, etc.  Work out the sequencing and timetable for the start and completion of each item such as site clearing and grubbing, grading, excavation, paving, foundation pouring utilities installation, etc., to minimize the active construction area during the rainy season. ­ Sequence trenching activities so that most open portions are closed before new trenching begins. ­ Incorporate staged seeding and re-vegetation of graded slopes as work progresses. ­ Schedule establishment of permanent vegetation during appropriate planting time for specified vegetation.  Non-active areas should be stabilized as soon as practical after the cessation of soil disturbing activities or one day prior to the onset of precipitation.  Monitor the weather forecast for rainfall.  When rainfall is predicted, adjust the construction schedule to allow the implementation of soil stabilization and sediment treatment controls on all disturbed areas prior to the onset of rain.  Be prepared year round to deploy erosion control and sediment control BMPs. Erosion may be caused during dry seasons by un-seasonal rainfall, wind, and vehicle tracking. Keep the site stabilized year round, and retain and maintain rainy season sediment trapping devices in operational condition.  Apply permanent erosion control to areas deemed substantially complete during the project’s defined seeding window. Costs Construction scheduling to reduce erosion may increase other construction costs due to reduced economies of scale in performing site grading. The cost effectiveness of scheduling techniques should be compared with the other less effective erosion and sedimentation controls to achieve a cost effective balance. Scheduling EC-1 November 2009 California Stormwater BMP Handbook 3 of 3 Construction www.casqa.org Inspection and Maintenance  Verify that work is progressing in accordance with the schedule. If progress deviates, take corrective actions.  Amend the schedule when changes are warranted.  Amend the schedule prior to the rainy season to show updated information on the deployment and implementation of construction site BMPs. References Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Stormwater Management for Construction Activities Developing Pollution Prevention Plans and Best Management Practices (EPA 832-R-92-005), U.S. Environmental Protection Agency, Office of Water, September 1992. Preservation Of Existing Vegetation EC-2 November 2009 California Stormwater BMP Handbook 1 of 4 Construction www.casqa.org Description and Purpose Carefully planned preservation of existing vegetation minimizes the potential of removing or injuring existing trees, vines, shrubs, and grasses that protect soil from erosion. Suitable Applications Preservation of existing vegetation is suitable for use on most projects. Large project sites often provide the greatest opportunity for use of this BMP. Suitable applications include the following:  Areas within the site where no construction activity occurs, or occurs at a later date. This BMP is especially suitable to multi year projects where grading can be phased.  Areas where natural vegetation exists and is designated for preservation. Such areas often include steep slopes, watercourse, and building sites in wooded areas.  Areas where local, state, and federal government require preservation, such as vernal pools, wetlands, marshes, certain oak trees, etc. These areas are usually designated on the plans, or in the specifications, permits, or environmental documents.  Where vegetation designated for ultimate removal can be temporarily preserved and be utilized for erosion control and sediment control. Categories EC Erosion Control  SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment  Nutrients Trash Metals Bacteria Oil and Grease Organics Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Preservation Of Existing Vegetation EC-2 November 2009 California Stormwater BMP Handbook 2 of 4 Construction www.casqa.org Limitations  Requires forward planning by the owner/developer, contractor, and design staff.  Limited opportunities for use when project plans do not incorporate existing vegetation into the site design.  For sites with diverse topography, it is often difficult and expensive to save existing trees while grading the site satisfactory for the planned development. Implementation The best way to prevent erosion is to not disturb the land. In order to reduce the impacts of new development and redevelopment, projects may be designed to avoid disturbing land in sensitive areas of the site (e.g., natural watercourses, steep slopes), and to incorporate unique or desirable existing vegetation into the site’s landscaping plan. Clearly marking and leaving a buffer area around these unique areas during construction will help to preserve these areas as well as take advantage of natural erosion prevention and sediment trapping. Existing vegetation to be preserved on the site must be protected from mechanical and other injury while the land is being developed. The purpose of protecting existing vegetation is to ensure the survival of desirable vegetation for shade, beautification, and erosion control. Mature vegetation has extensive root systems that help to hold soil in place, thus reducing erosion. In addition, vegetation helps keep soil from drying rapidly and becoming susceptible to erosion. To effectively save existing vegetation, no disturbances of any kind should be allowed within a defined area around the vegetation. For trees, no construction activity should occur within the drip line of the tree. Timing  Provide for preservation of existing vegetation prior to the commencement of clearing and grubbing operations or other soil disturbing activities in areas where no construction activity is planned or will occur at a later date. Design and Layout  Mark areas to be preserved with temporary fencing. Include sufficient setback to protect roots. − Orange colored plastic mesh fencing works well. − Use appropriate fence posts and adequate post spacing and depth to completely support the fence in an upright position.  Locate temporary roadways, stockpiles, and layout areas to avoid stands of trees, shrubs, and grass.  Consider the impact of grade changes to existing vegetation and the root zone.  Maintain existing irrigation systems where feasible. Temporary irrigation may be required.  Instruct employees and subcontractors to honor protective devices. Prohibit heavy equipment, vehicular traffic, or storage of construction materials within the protected area. Preservation Of Existing Vegetation EC-2 November 2009 California Stormwater BMP Handbook 3 of 4 Construction www.casqa.org Costs There is little cost associated with preserving existing vegetation if properly planned during the project design, and these costs may be offset by aesthetic benefits that enhance property values. During construction, the cost for preserving existing vegetation will likely be less than the cost of applying erosion and sediment controls to the disturbed area. Replacing vegetation inadvertently destroyed during construction can be extremely expensive, sometimes in excess of $10,000 per tree. Inspection and Maintenance During construction, the limits of disturbance should remain clearly marked at all times. Irrigation or maintenance of existing vegetation should be described in the landscaping plan. If damage to protected trees still occurs, maintenance guidelines described below should be followed:  Verify that protective measures remain in place. Restore damaged protection measures immediately.  Serious tree injuries shall be attended to by an arborist.  Damage to the crown, trunk, or root system of a retained tree shall be repaired immediately.  Trench as far from tree trunks as possible, usually outside of the tree drip line or canopy. Curve trenches around trees to avoid large roots or root concentrations. If roots are encountered, consider tunneling under them. When trenching or tunneling near or under trees to be retained, place tunnels at least 18 in. below the ground surface, and not below the tree center to minimize impact on the roots.  Do not leave tree roots exposed to air. Cover exposed roots with soil as soon as possible. If soil covering is not practical, protect exposed roots with wet burlap or peat moss until the tunnel or trench is ready for backfill.  Cleanly remove the ends of damaged roots with a smooth cut.  Fill trenches and tunnels as soon as possible. Careful filling and tamping will eliminate air spaces in the soil, which can damage roots.  If bark damage occurs, cut back all loosened bark into the undamaged area, with the cut tapered at the top and bottom and drainage provided at the base of the wood. Limit cutting the undamaged area as much as possible.  Aerate soil that has been compacted over a trees root zone by punching holes 12 in. deep with an iron bar, and moving the bar back and forth until the soil is loosened. Place holes 18 in. apart throughout the area of compacted soil under the tree crown.  Fertilization − Fertilize stressed or damaged broadleaf trees to aid recovery. − Fertilize trees in the late fall or early spring. Preservation Of Existing Vegetation EC-2 November 2009 California Stormwater BMP Handbook 4 of 4 Construction www.casqa.org ­ Apply fertilizer to the soil over the feeder roots and in accordance with label instructions, but never closer than 3 ft to the trunk. Increase the fertilized area by one-fourth of the crown area for conifers that have extended root systems.  Retain protective measures until all other construction activity is complete to avoid damage during site cleanup and stabilization. References County of Sacramento Tree Preservation Ordinance, September 1981. Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75, Washington State Department of Ecology, February 1992. Water Quality Management Plan for The Lake Tahoe Region, Volume II, Handbook of Management Practices, Tahoe Regional Planning Agency, November 1988. Water Conservation Practices NS-1 January 2011 California Stormwater BMP Handbook 1 of 2 Construction www.casqa.org Description and Purpose Water conservation practices are activities that use water during the construction of a project in a manner that avoids causing erosion and the transport of pollutants offsite. These practices can reduce or eliminate non-stormwater discharges. Suitable Applications Water conservation practices are suitable for all construction sites where water is used, including piped water, metered water, trucked water, and water from a reservoir. Limitations  None identified. Implementation  Keep water equipment in good working condition.  Stabilize water truck filling area.  Repair water leaks promptly.  Washing of vehicles and equipment on the construction site is discouraged.  Avoid using water to clean construction areas. If water must be used for cleaning or surface preparation, surface should be swept and vacuumed first to remove dirt. This will minimize amount of water required. Categories EC Erosion Control  SE Sediment Control  TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control  WM Waste Management and Materials Pollution Control Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment  Nutrients Trash Metals Bacteria Oil and Grease Organics Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Water Conservation Practices NS-1 January 2011 California Stormwater BMP Handbook 2 of 2 Construction www.casqa.org  Direct construction water runoff to areas where it can soak into the ground or be collected and reused.  Authorized non-stormwater discharges to the storm drain system, channels, or receiving waters are acceptable with the implementation of appropriate BMPs.  Lock water tank valves to prevent unauthorized use. Costs The cost is small to none compared to the benefits of conserving water. Inspection and Maintenance  Inspect and verify that activity based BMPs are in place prior to the commencement of authorized non-stormwater discharges.  Inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges are occuring.  Repair water equipment as needed to prevent unintended discharges. ­ Water trucks ­ Water reservoirs (water buffalos) ­ Irrigation systems ­ Hydrant connections References Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Paving and Grinding Operations NS-3 July 2012 California Stormwater BMP Handbook 1 of 5 Construction www.casqa.org Description and Purpose Prevent or reduce the discharge of pollutants from paving operations, using measures to prevent runon and runoff pollution, properly disposing of wastes, and training employees and subcontractors. The General Permit incorporates Numeric Action Levels (NAL) for pH and turbidity (see Section 2 of this handbook to determine your project’s risk level and if you are subject to these requirements). Many types of construction materials associated with paving and grinding operations, including mortar, concrete, and cement and their associated wastes have basic chemical properties that can raise pH levels outside of the permitted range. Additional care should be taken when managing these materials to prevent them from coming into contact with stormwater flows, which could lead to exceedances of the General Permit requirements. Suitable Applications These procedures are implemented where paving, surfacing, resurfacing, or sawcutting, may pollute stormwater runoff or discharge to the storm drain system or watercourses. Limitations  Paving opportunities may be limited during wet weather. Discharges of freshly paved surfaces may raise pH to environmentally harmful levels and trigger permit violations. Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control  WM Waste Management and Materials Pollution Control  Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients Trash Metals Bacteria Oil and Grease  Organics Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Paving and Grinding Operations NS-3 July 2012 California Stormwater BMP Handbook 2 of 5 Construction www.casqa.org Implementation General  Avoid paving during the wet season when feasible.  Reschedule paving and grinding activities if rain is forecasted.  Train employees and sub-contractors in pollution prevention and reduction.  Store materials away from drainage courses to prevent stormwater runon (see WM-1, Material Delivery and Storage).  Protect drainage courses, particularly in areas with a grade, by employing BMPs to divert runoff or to trap and filter sediment.  Stockpile material removed from roadways away from drain inlets, drainage ditches, and watercourses. These materials should be stored consistent with WM-3, Stockpile Management.  Disposal of PCC (Portland cement concrete) and AC (asphalt concrete) waste should be in conformance with WM-8, Concrete Waste Management. Saw Cutting, Grinding, and Pavement Removal  Shovel or vacuum saw-cut slurry and remove from site. Cover or barricade storm drains during saw cutting to contain slurry.  When paving involves AC, the following steps should be implemented to prevent the discharge of grinding residue, uncompacted or loose AC, tack coats, equipment cleaners, or unrelated paving materials: ­ AC grindings, pieces, or chunks used in embankments or shoulder backing should not be allowed to enter any storm drains or watercourses. Install inlet protection and perimeter controls until area is stabilized (i.e. cutting, grinding or other removal activities are complete and loose material has been properly removed and disposed of)or permanent controls are in place. Examples of temporary perimeter controls can be found in EC-9, Earth Dikes and Drainage Swales; SE-1, Silt Fence; SE-5, Fiber Rolls, or SE-13 Compost Socks and Berms ­ Collect and remove all broken asphalt and recycle when practical. Old or spilled asphalt should be recycled or disposed of properly.  Do not allow saw-cut slurry to enter storm drains or watercourses. Residue from grinding operations should be picked up by a vacuum attachment to the grinding machine, or by sweeping, should not be allowed to flow across the pavement, and should not be left on the surface of the pavement. See also WM-8, Concrete Waste Management, and WM-10, Liquid Waste Management.  Pavement removal activities should not be conducted in the rain.  Collect removed pavement material by mechanical or manual methods. This material may be recycled for use as shoulder backing or base material. Paving and Grinding Operations NS-3 July 2012 California Stormwater BMP Handbook 3 of 5 Construction www.casqa.org  If removed pavement material cannot be recycled, transport the material back to an approved storage site. Asphaltic Concrete Paving  If paving involves asphaltic cement concrete, follow these steps: ­ Do not allow sand or gravel placed over new asphalt to wash into storm drains, streets, or creeks. Vacuum or sweep loose sand and gravel and properly dispose of this waste by referring to WM-5, Solid Waste Management. ­ Old asphalt should be disposed of properly. Collect and remove all broken asphalt from the site and recycle whenever possible. Portland Cement Concrete Paving  Do not wash sweepings from exposed aggregate concrete into a storm drain system. Collect waste materials by dry methods, such as sweeping or shoveling, and return to aggregate base stockpile or dispose of properly. Allow aggregate rinse to settle. Then, either allow rinse water to dry in a temporary pit as described in WM-8, Concrete Waste Management, or pump the water to the sanitary sewer if authorized by the local wastewater authority. Sealing Operations  During chip seal application and sweeping operations, petroleum or petroleum covered aggregate should not be allowed to enter any storm drain or water courses. Apply temporary perimeter controls until structure is stabilized (i.e. all sealing operations are complete and cured and loose materials have been properly removed and disposed).  Inlet protection (SE-10, Storm Drain Inlet Protection) should be used during application of seal coat, tack coat, slurry seal, and fog seal.  Seal coat, tack coat, slurry seal, or fog seal should not be applied if rainfall is predicted to occur during the application or curing period. Paving Equipment  Leaks and spills from paving equipment can contain toxic levels of heavy metals and oil and grease. Place drip pans or absorbent materials under paving equipment when not in use. Clean up spills with absorbent materials and dispose of in accordance with the applicable regulations. See NS-10, Vehicle and Equipment Maintenance, WM-4, Spill Prevention and Control, and WM-10, Liquid Waste Management.  Substances used to coat asphalt transport trucks and asphalt spreading equipment should not contain soap and should be non-foaming and non-toxic.  Paving equipment parked onsite should be parked over plastic to prevent soil contamination.  Clean asphalt coated equipment offsite whenever possible. When cleaning dry, hardened asphalt from equipment, manage hardened asphalt debris as described in WM-5, Solid Waste Management. Any cleaning onsite should follow NS-8, Vehicle and Equipment Cleaning. Paving and Grinding Operations NS-3 July 2012 California Stormwater BMP Handbook 4 of 5 Construction www.casqa.org Thermoplastic Striping  Thermoplastic striper and pre-heater equipment shutoff valves should be inspected to ensure that they are working properly to prevent leaking thermoplastic from entering drain inlets, the stormwater drainage system, or watercourses.  Pre-heaters should be filled carefully to prevent splashing or spilling of hot thermoplastic. Leave six inches of space at the top of the pre-heater container when filling thermoplastic to allow room for material to move.  Do not pre-heat, transfer, or load thermoplastic near drain inlets or watercourses.  Clean truck beds daily of loose debris and melted thermoplastic. When possible, recycle thermoplastic material. Raised/Recessed Pavement Marker Application and Removal  Do not transfer or load bituminous material near drain inlets, the stormwater drainage system, or watercourses.  Melting tanks should be loaded with care and not filled to beyond six inches from the top to leave room for splashing.  When servicing or filling melting tanks, ensure all pressure is released before removing lids to avoid spills.  On large-scale projects, use mechanical or manual methods to collect excess bituminous material from the roadway after removal of markers. Costs  All of the above are low cost measures. Inspection and Maintenance  Inspect and verify that activity-based BMPs are in place prior to the commencement of paving and grinding operations.  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Sample stormwater runoff required by the General Permit.  Keep ample supplies of drip pans or absorbent materials onsite.  Inspect and maintain machinery regularly to minimize leaks and drips. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Paving and Grinding Operations NS-3 July 2012 California Stormwater BMP Handbook 5 of 5 Construction www.casqa.org Hot Mix Asphalt-Paving Handbook AC 150/5370-14, Appendix I, U.S. Army Corps of Engineers, July 1991. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February 2005. Illicit Connection/Discharge NS-6 January 2011 California Stormwater BMP Handbook 1 of 3 Construction www.casqa.org Description and Purpose Procedures and practices designed for construction contractors to recognize illicit connections or illegally dumped or discharged materials on a construction site and report incidents. Suitable Applications This best management practice (BMP) applies to all construction projects. Illicit connection/discharge and reporting is applicable anytime an illicit connection or discharge is discovered or illegally dumped material is found on the construction site. Limitations Illicit connections and illegal discharges or dumping, for the purposes of this BMP, refer to discharges and dumping caused by parties other than the contractor. If pre-existing hazardous materials or wastes are known to exist onsite, they should be identified in the SWPPP and handled as set forth in the SWPPP. Implementation Planning  Review the SWPPP. Pre-existing areas of contamination should be identified and documented in the SWPPP.  Inspect site before beginning the job for evidence of illicit connections, illegal dumping or discharges. Document any pre-existing conditions and notify the owner. Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control  WM Waste Management and Materials Pollution Control Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment Nutrients  Trash  Metals  Bacteria  Oil and Grease  Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Illicit Connection/Discharge NS-6 January 2011 California Stormwater BMP Handbook 2 of 3 Construction www.casqa.org  Inspect site regularly during project execution for evidence of illicit connections, illegal dumping or discharges.  Observe site perimeter for evidence for potential of illicitly discharged or illegally dumped material, which may enter the job site. Identification of Illicit Connections and Illegal Dumping or Discharges  General – unlabeled and unidentifiable material should be treated as hazardous.  Solids - Look for debris, or rubbish piles. Solid waste dumping often occurs on roadways with light traffic loads or in areas not easily visible from the traveled way.  Liquids - signs of illegal liquid dumping or discharge can include: ­ Visible signs of staining or unusual colors to the pavement or surrounding adjacent soils ­ Pungent odors coming from the drainage systems ­ Discoloration or oily substances in the water or stains and residues detained within ditches, channels or drain boxes ­ Abnormal water flow during the dry weather season  Urban Areas - Evidence of illicit connections or illegal discharges is typically detected at storm drain outfall locations or at manholes. Signs of an illicit connection or illegal discharge can include: ­ Abnormal water flow during the dry weather season ­ Unusual flows in sub drain systems used for dewatering ­ Pungent odors coming from the drainage systems ­ Discoloration or oily substances in the water or stains and residues detained within ditches, channels or drain boxes ­ Excessive sediment deposits, particularly adjacent to or near active offsite construction projects  Rural Areas - Illicit connections or illegal discharges involving irrigation drainage ditches are detected by visual inspections. Signs of an illicit discharge can include: ­ Abnormal water flow during the non-irrigation season ­ Non-standard junction structures ­ Broken concrete or other disturbances at or near junction structures Reporting Notify the owner of any illicit connections and illegal dumping or discharge incidents at the time of discovery. For illicit connections or discharges to the storm drain system, notify the local stormwater management agency. For illegal dumping, notify the local law enforcement agency. Cleanup and Removal The responsibility for cleanup and removal of illicit or illegal dumping or discharges will vary by location. Contact the local stormwater management agency for further information. Illicit Connection/Discharge NS-6 January 2011 California Stormwater BMP Handbook 3 of 3 Construction www.casqa.org Costs Costs to look for and report illicit connections and illegal discharges and dumping are low. The best way to avoid costs associated with illicit connections and illegal discharges and dumping is to keep the project perimeters secure to prevent access to the site, to observe the site for vehicles that should not be there, and to document any waste or hazardous materials that exist onsite before taking possession of the site. Inspection and Maintenance  Inspect and verify that activity-based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Inspect the site regularly to check for any illegal dumping or discharge.  Prohibit employees and subcontractors from disposing of non-job related debris or materials at the construction site.  Notify the owner of any illicit connections and illegal dumping or discharge incidents at the time of discovery. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Stormwater Management for Construction Activities, Developing Pollution Prevention Plans and Best Management Practices, EPA 832-R-92005; USEPA, April 1992. Potable Water/Irrigation NS-7 January 2011 California Stormwater BMP Handbook 1 of 2 Construction www.casqa.org Description and Purpose Potable Water/Irrigation consists of practices and procedures to manage the discharge of potential pollutants generated during discharges from irrigation water lines, landscape irrigation, lawn or garden watering, planned and unplanned discharges from potable water sources, water line flushing, and hydrant flushing. Suitable Applications Implement this BMP whenever potable water or irrigation water discharges occur at or enter a construction site. Limitations None identified. Implementation  Direct water from offsite sources around or through a construction site, where feasible, in a way that minimizes contact with the construction site.  Discharges from water line flushing should be reused for landscaping purposes where feasible.  Shut off the water source to broken lines, sprinklers, or valves as soon as possible to prevent excess water flow.  Protect downstream stormwater drainage systems and watercourses from water pumped or bailed from trenches excavated to repair water lines. Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control  WM Waste Management and Materials Pollution Control Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment  Nutrients  Trash Metals  Bacteria Oil and Grease Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Potable Water/Irrigation NS-7 January 2011 California Stormwater BMP Handbook 2 of 2 Construction www.casqa.org  Inspect irrigated areas within the construction limits for excess watering. Adjust watering times and schedules to ensure that the appropriate amount of water is being used and to minimize runoff. Consider factors such as soil structure, grade, time of year, and type of plant material in determining the proper amounts of water for a specific area. Costs Cost to manage potable water and irrigation are low and generally considered to be a normal part of related activities. Inspection and Maintenance  Inspect and verify that activity-based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events..  Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges occur.  Repair broken water lines as soon as possible.  Inspect irrigated areas regularly for signs of erosion and/or discharge. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Stormwater Management for Construction Activities, Developing Pollution Prevention Plans and Best Management Practices, EPA 832-R-92005; USEPA, April 1992. Vehicle and Equipment Cleaning NS-8 January 2011 California Stormwater BMP Handbook 1 of 3 Construction www.casqa.org Description and Purpose Vehicle and equipment cleaning procedures and practices eliminate or reduce the discharge of pollutants to stormwater from vehicle and equipment cleaning operations. Procedures and practices include but are not limited to: using offsite facilities; washing in designated, contained areas only; eliminating discharges to the storm drain by infiltrating the wash water; and training employees and subcontractors in proper cleaning procedures. Suitable Applications These procedures are suitable on all construction sites where vehicle and equipment cleaning is performed. Limitations Even phosphate-free, biodegradable soaps have been shown to be toxic to fish before the soap degrades. Sending vehicles/equipment offsite should be done in conjunction with TC-1, Stabilized Construction Entrance/Exit. Implementation Other options to washing equipment onsite include contracting with either an offsite or mobile commercial washing business. These businesses may be better equipped to handle and dispose of the wash waters properly. Performing this work offsite can also be economical by eliminating the need for a separate washing operation onsite. If washing operations are to take place onsite, then: Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control  WM Waste Management and Materials Pollution Control Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment  Nutrients  Trash Metals Bacteria Oil and Grease  Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Vehicle and Equipment Cleaning NS-8 January 2011 California Stormwater BMP Handbook 2 of 3 Construction www.casqa.org  Use phosphate-free, biodegradable soaps.  Educate employees and subcontractors on pollution prevention measures.  Do not permit steam cleaning onsite. Steam cleaning can generate significant pollutant concentrates.  Cleaning of vehicles and equipment with soap, solvents or steam should not occur on the project site unless resulting wastes are fully contained and disposed of. Resulting wastes should not be discharged or buried, and must be captured and recycled or disposed according to the requirements of WM-10, Liquid Waste Management or WM-6, Hazardous Waste Management, depending on the waste characteristics. Minimize use of solvents. Use of diesel for vehicle and equipment cleaning is prohibited.  All vehicles and equipment that regularly enter and leave the construction site must be cleaned offsite.  When vehicle and equipment washing and cleaning must occur onsite, and the operation cannot be located within a structure or building equipped with appropriate disposal facilities, the outside cleaning area should have the following characteristics: ­ Located away from storm drain inlets, drainage facilities, or watercourses ­ Paved with concrete or asphalt and bermed to contain wash waters and to prevent runon and runoff ­ Configured with a sump to allow collection and disposal of wash water ­ No discharge of wash waters to storm drains or watercourses ­ Used only when necessary  When cleaning vehicles and equipment with water: ­ Use as little water as possible. High-pressure sprayers may use less water than a hose and should be considered ­ Use positive shutoff valve to minimize water usage ­ Facility wash racks should discharge to a sanitary sewer, recycle system or other approved discharge system and must not discharge to the storm drainage system, watercourses, or to groundwater Costs Cleaning vehicles and equipment at an offsite facility may reduce overall costs for vehicle and equipment cleaning by eliminating the need to provide similar services onsite. When onsite cleaning is needed, the cost to establish appropriate facilities is relatively low on larger, long- duration projects, and moderate to high on small, short-duration projects. Vehicle and Equipment Cleaning NS-8 January 2011 California Stormwater BMP Handbook 3 of 3 Construction www.casqa.org Inspection and Maintenance  Inspect and verify that activity-based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges occur.  Inspection and maintenance is minimal, although some berm repair may be necessary.  Monitor employees and subcontractors throughout the duration of the construction project to ensure appropriate practices are being implemented.  Inspect sump regularly and remove liquids and sediment as needed.  Prohibit employees and subcontractors from washing personal vehicles and equipment on the construction site. References Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Swisher, R.D. Surfactant Biodegradation, Marcel Decker Corporation, 1987. Vehicle and Equipment Fueling NS-9 January 2011 California Stormwater BMP Handbook 1 of 3 Construction www.casqa.org Description and Purpose Vehicle equipment fueling procedures and practices are designed to prevent fuel spills and leaks, and reduce or eliminate contamination of stormwater. This can be accomplished by using offsite facilities, fueling in designated areas only, enclosing or covering stored fuel, implementing spill controls, and training employees and subcontractors in proper fueling procedures. Suitable Applications These procedures are suitable on all construction sites where vehicle and equipment fueling takes place. Limitations Onsite vehicle and equipment fueling should only be used where it is impractical to send vehicles and equipment offsite for fueling. Sending vehicles and equipment offsite should be done in conjunction with TC-1, Stabilized Construction Entrance/ Exit. Implementation  Use offsite fueling stations as much as possible. These businesses are better equipped to handle fuel and spills properly. Performing this work offsite can also be economical by eliminating the need for a separate fueling area at a site.  Discourage “topping-off” of fuel tanks. Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control  WM Waste Management and Materials Pollution Control Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment Nutrients Trash Metals Bacteria Oil and Grease  Organics Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Vehicle and Equipment Fueling NS-9 January 2011 California Stormwater BMP Handbook 2 of 3 Construction www.casqa.org  Absorbent spill cleanup materials and spill kits should be available in fueling areas and on fueling trucks, and should be disposed of properly after use.  Drip pans or absorbent pads should be used during vehicle and equipment fueling, unless the fueling is performed over an impermeable surface in a dedicated fueling area.  Use absorbent materials on small spills. Do not hose down or bury the spill. Remove the adsorbent materials promptly and dispose of properly.  Avoid mobile fueling of mobile construction equipment around the site; rather, transport the equipment to designated fueling areas. With the exception of tracked equipment such as bulldozers and large excavators, most vehicles should be able to travel to a designated area with little lost time.  Train employees and subcontractors in proper fueling and cleanup procedures.  When fueling must take place onsite, designate an area away from drainage courses to be used. Fueling areas should be identified in the SWPPP.  Dedicated fueling areas should be protected from stormwater runon and runoff, and should be located at least 50 ft away from downstream drainage facilities and watercourses. Fueling must be performed on level-grade areas.  Protect fueling areas with berms and dikes to prevent runon, runoff, and to contain spills.  Nozzles used in vehicle and equipment fueling should be equipped with an automatic shutoff to control drips. Fueling operations should not be left unattended.  Use vapor recovery nozzles to help control drips as well as air pollution where required by Air Quality Management Districts (AQMD).  Federal, state, and local requirements should be observed for any stationary above ground storage tanks. Costs  All of the above measures are low cost except for the capital costs of above ground tanks that meet all local environmental, zoning, and fire codes. Inspection and Maintenance  Inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Vehicles and equipment should be inspected each day of use for leaks. Leaks should be repaired immediately or problem vehicles or equipment should be removed from the project site.  Keep ample supplies of spill cleanup materials onsite. Vehicle and Equipment Fueling NS-9 January 2011 California Stormwater BMP Handbook 3 of 3 Construction www.casqa.org  Immediately clean up spills and properly dispose of contaminated soil and cleanup materials. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Coastal Nonpoint Pollution Control Program: Program Development and Approval Guidance, Working Group Working Paper; USEPA, April 1992. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Stormwater Management for Construction Activities, Developing Pollution Prevention Plans and Best Management Practices, EPA 832-R-92005; USEPA, April 1992. Vehicle & Equipment Maintenance NS-10 January 2011 California Stormwater BMP Handbook 1 of 4 Construction www.casqa.org Description and Purpose Prevent or reduce the contamination of stormwater resulting from vehicle and equipment maintenance by running a “dry and clean site”. The best option would be to perform maintenance activities at an offsite facility. If this option is not available then work should be performed in designated areas only, while providing cover for materials stored outside, checking for leaks and spills, and containing and cleaning up spills immediately. Employees and subcontractors must be trained in proper procedures. Suitable Applications These procedures are suitable on all construction projects where an onsite yard area is necessary for storage and maintenance of heavy equipment and vehicles. Limitations Onsite vehicle and equipment maintenance should only be used where it is impractical to send vehicles and equipment offsite for maintenance and repair. Sending vehicles/equipment offsite should be done in conjunction with TC-1, Stabilized Construction Entrance/Exit. Outdoor vehicle or equipment maintenance is a potentially significant source of stormwater pollution. Activities that can contaminate stormwater include engine repair and service, changing or replacement of fluids, and outdoor equipment storage and parking (engine fluid leaks). For further information on vehicle or equipment servicing, see NS-8, Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control  WM Waste Management and Materials Pollution Control Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment Nutrients  Trash  Metals Bacteria Oil and Grease  Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Vehicle & Equipment Maintenance NS-10 January 2011 California Stormwater BMP Handbook 2 of 4 Construction www.casqa.org Vehicle and Equipment Cleaning, and NS-9, Vehicle and Equipment Fueling. Implementation  Use offsite repair shops as much as possible. These businesses are better equipped to handle vehicle fluids and spills properly. Performing this work offsite can also be economical by eliminating the need for a separate maintenance area.  If maintenance must occur onsite, use designated areas, located away from drainage courses. Dedicated maintenance areas should be protected from stormwater runon and runoff, and should be located at least 50 ft from downstream drainage facilities and watercourses.  Drip pans or absorbent pads should be used during vehicle and equipment maintenance work that involves fluids, unless the maintenance work is performed over an impermeable surface in a dedicated maintenance area.  Place a stockpile of spill cleanup materials where it will be readily accessible.  All fueling trucks and fueling areas are required to have spill kits and/or use other spill protection devices.  Use adsorbent materials on small spills. Remove the absorbent materials promptly and dispose of properly.  Inspect onsite vehicles and equipment daily at startup for leaks, and repair immediately.  Keep vehicles and equipment clean; do not allow excessive build-up of oil and grease.  Segregate and recycle wastes, such as greases, used oil or oil filters, antifreeze, cleaning solutions, automotive batteries, hydraulic and transmission fluids. Provide secondary containment and covers for these materials if stored onsite.  Train employees and subcontractors in proper maintenance and spill cleanup procedures.  Drip pans or plastic sheeting should be placed under all vehicles and equipment placed on docks, barges, or other structures over water bodies when the vehicle or equipment is planned to be idle for more than 1 hour.  For long-term projects, consider using portable tents or covers over maintenance areas if maintenance cannot be performed offsite.  Consider use of new, alternative greases and lubricants, such as adhesive greases, for chassis lubrication and fifth-wheel lubrication.  Properly dispose of used oils, fluids, lubricants, and spill cleanup materials.  Do not place used oil in a dumpster or pour into a storm drain or watercourse.  Properly dispose of or recycle used batteries.  Do not bury used tires. Vehicle & Equipment Maintenance NS-10 January 2011 California Stormwater BMP Handbook 3 of 4 Construction www.casqa.org  Repair leaks of fluids and oil immediately. Listed below is further information if you must perform vehicle or equipment maintenance onsite. Safer Alternative Products  Consider products that are less toxic or hazardous than regular products. These products are often sold under an “environmentally friendly” label.  Consider use of grease substitutes for lubrication of truck fifth-wheels. Follow manufacturers label for details on specific uses.  Consider use of plastic friction plates on truck fifth-wheels in lieu of grease. Follow manufacturers label for details on specific uses. Waste Reduction Parts are often cleaned using solvents such as trichloroethylene, trichloroethane, or methylene chloride. Many of these cleaners are listed in California Toxic Rule as priority pollutants. These materials are harmful and must not contaminate stormwater. They must be disposed of as a hazardous waste. Reducing the number of solvents makes recycling easier and reduces hazardous waste management costs. Often, one solvent can perform a job as well as two different solvents. Also, if possible, eliminate or reduce the amount of hazardous materials and waste by substituting non-hazardous or less hazardous materials. For example, replace chlorinated organic solvents with non-chlorinated solvents. Non-chlorinated solvents like kerosene or mineral spirits are less toxic and less expensive to dispose of properly. Check the list of active ingredients to see whether it contains chlorinated solvents. The “chlor” term indicates that the solvent is chlorinated. Also, try substituting a wire brush for solvents to clean parts. Recycling and Disposal Separating wastes allows for easier recycling and may reduce disposal costs. Keep hazardous wastes separate, do not mix used oil solvents, and keep chlorinated solvents (like,- trichloroethane) separate from non-chlorinated solvents (like kerosene and mineral spirits). Promptly transfer used fluids to the proper waste or recycling drums. Don’t leave full drip pans or other open containers lying around. Provide cover and secondary containment until these materials can be removed from the site. Oil filters can be recycled. Ask your oil supplier or recycler about recycling oil filters. Do not dispose of extra paints and coatings by dumping liquid onto the ground or throwing it into dumpsters. Allow coatings to dry or harden before disposal into covered dumpsters. Store cracked batteries in a non-leaking secondary container. Do this with all cracked batteries, even if you think all the acid has drained out. If you drop a battery, treat it as if it is cracked. Put it into the containment area until you are sure it is not leaking. Costs All of the above are low cost measures. Higher costs are incurred to setup and maintain onsite maintenance areas. Vehicle & Equipment Maintenance NS-10 January 2011 California Stormwater BMP Handbook 4 of 4 Construction www.casqa.org Inspection and Maintenance  Inspect and verify that activity-based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges occur.  Keep ample supplies of spill cleanup materials onsite.  Maintain waste fluid containers in leak proof condition.  Vehicles and equipment should be inspected on each day of use. Leaks should be repaired immediately or the problem vehicle(s) or equipment should be removed from the project site.  Inspect equipment for damaged hoses and leaky gaskets routinely. Repair or replace as needed. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Coastal Nonpoint Pollution Control Program; Program Development and Approval Guidance, Working Group, Working Paper; USEPA, April 1992. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Concrete Curing NS-12 July 2012 California Stormwater BMP Handbook 1 of 3 Construction www.casqa.org Description and Purpose Concrete curing is used in the construction of structures such as bridges, retaining walls, pump houses, large slabs, and structured foundations. Concrete curing includes the use of both chemical and water methods. Concrete and its associated curing materials have basic chemical properties that can raise the pH of water to levels outside of the permitted range. Discharges of stormwater and non-stormwater exposed to concrete during curing may have a high pH and may contain chemicals, metals, and fines. The General Permit incorporates Numeric Action Levels (NAL) for pH (see Section 2 of this handbook to determine your project’s risk level and if you are subject to these requirements). Proper procedures and care should be taken when managing concrete curing materials to prevent them from coming into contact with stormwater flows, which could result in a high pH discharge. Suitable Applications Suitable applications include all projects where Portland Cement Concrete (PCC) and concrete curing chemicals are placed where they can be exposed to rainfall, runoff from other areas, or where runoff from the PCC will leave the site. Limitations  Runoff contact with concrete waste can raise pH levels in the water to environmentally harmful levels and trigger permit violations. Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control  WM Waste Management and Materials Pollution Control  Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients Trash Metals  Bacteria Oil and Grease  Organics Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Concrete Curing NS-12 July 2012 California Stormwater BMP Handbook 2 of 3 Construction www.casqa.org Implementation Chemical Curing  Avoid over spray of curing compounds.  Minimize the drift by applying the curing compound close to the concrete surface. Apply an amount of compound that covers the surface, but does not allow any runoff of the compound.  Use proper storage and handling techniques for concrete curing compounds. Refer to WM- 1, Material Delivery and Storage.  Protect drain inlets prior to the application of curing compounds.  Refer to WM-4, Spill Prevention and Control. Water Curing for Bridge Decks, Retaining Walls, and other Structures  Direct cure water away from inlets and watercourses to collection areas for evaporation or other means of removal in accordance with all applicable permits. See WM-8 Concrete Waste Management.  Collect cure water at the top of slopes and transport to a concrete waste management area in a non-erosive manner. See EC-9 Earth Dikes and Drainage Swales, EC-10, Velocity Dissipation Devices, and EC-11, Slope Drains.  Utilize wet blankets or a similar method that maintains moisture while minimizing the use and possible discharge of water. Education  Educate employees, subcontractors, and suppliers on proper concrete curing techniques to prevent contact with discharge as described herein.  Arrange for the QSP or the appropriately trained contractor’s superintendent or representative to oversee and enforce concrete curing procedures. Costs All of the above measures are generally low cost. Inspection and Maintenance  Inspect and verify that activity-based BMPs are in place prior to the commencement of associated activities.  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges occur. Concrete Curing NS-12 July 2012 California Stormwater BMP Handbook 3 of 3 Construction www.casqa.org  Sample non-stormwater discharges and stormwater runoff that contacts uncured and partially cured concrete as required by the General Permit.  Ensure that employees and subcontractors implement appropriate measures for storage, handling, and use of curing compounds.  Inspect cure containers and spraying equipment for leaks. References Blue Print for a Clean Bay-Construction-Related Industries: Best Management Practices for Stormwater Pollution Prevention; Santa Clara Valley Non Point Source Pollution Control Program, 1992. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Stormwater Management for Construction Activities, Developing Pollution Prevention Plans and Best Management Practices, EPA 832-R-92005; USEPA, April 1992. Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February 2005. Concrete Finishing NS-13 July 2012 California Stormwater BMP Handbook 1 of 3 Construction www.casqa.org Description and Purpose Concrete finishing methods are used for bridge deck rehabilitation, paint removal, curing compound removal, and final surface finish appearances. Methods include sand blasting, shot blasting, grinding, or high pressure water blasting. Stormwater and non-stormwater exposed to concrete finishing by-products may have a high pH and may contain chemicals, metals, and fines. Proper procedures and implementation of appropriate BMPs can minimize the impact that concrete-finishing methods may have on stormwater and non-stormwater discharges. The General Permit incorporates Numeric Action Levels (NAL) for pH (see Section 2 of this handbook to determine your project’s risk level and if you are subject to these requirements). Concrete and its associated curing materials have basic chemical properties that can raise pH levels outside of the permitted range. Additional care should be taken when managing these materials to prevent them from coming into contact with stormwater flows, which could lead to exceedances of the General Permit requirements. Suitable Applications These procedures apply to all construction locations where concrete finishing operations are performed. Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control  WM Waste Management and Materials Pollution Control  Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients Trash Metals  Bacteria Oil and Grease Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Concrete Finishing NS-13 July 2012 California Stormwater BMP Handbook 2 of 3 Construction www.casqa.org Limitations  Runoff contact with concrete waste can raise pH levels in the water to environmentally harmful levels and trigger permit violations. Implementation  Collect and properly dispose of water from high-pressure water blasting operations.  Collect contaminated water from blasting operations at the top of slopes. Transport or dispose of contaminated water while using BMPs such as those for erosion control. Refer to EC-9, Earth Dikes and Drainage Swales, EC-10, Velocity Dissipation Devices, and EC-11, Slope Drains.  Direct water from blasting operations away from inlets and watercourses to collection areas for infiltration or other means of removal (dewatering). Refer to NS-2 Dewatering Operations.  Protect inlets during sandblasting operations. Refer to SE-10, Storm Drain Inlet Protection.  Refer to WM-8, Concrete Waste Management for disposal of concrete debris.  Minimize the drift of dust and blast material as much as possible by keeping the blasting nozzle close to the surface.  When blast residue contains a potentially hazardous waste, refer to WM-6, Hazardous Waste Management. Education  Educate employees, subcontractors, and suppliers on proper concrete finishing techniques to prevent contact with discharge as described herein.  Arrange for the QSP or the appropriately trained contractor’s superintendent or representative to oversee and enforce concrete finishing procedures. Costs These measures are generally of low cost. Inspection and Maintenance  Inspect and verify that activity-based BMPs are in place prior to the commencement of associated activities.  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Inspect BMPs subject to non-stormwater discharges daily while non-stormwater discharges occur.  Sample non-stormwater discharges and stormwater runoff that contacts concrete dust and debris as required by the General Permit. Concrete Finishing NS-13 July 2012 California Stormwater BMP Handbook 3 of 3 Construction www.casqa.org  Sweep or vacuum up debris from sandblasting at the end of each shift.  At the end of each work shift, remove and contain liquid and solid waste from containment structures, if any, and from the general work area.  Inspect containment structures for damage prior to use and prior to onset of forecasted rain. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Stormwater Management for Construction Activities, Developing Pollution Prevention Plans and Best Management Practices, EPA 832-R-92005; USEPA, April 1992. Silt Fence SE-1 July 2012 California Stormwater BMP Handbook Portal 1 of 9 Construction www.casqa.org Description and Purpose A silt fence is made of a woven geotextile that has been entrenched, attached to supporting poles, and sometimes backed by a plastic or wire mesh for support. The silt fence detains water, promoting sedimentation of coarse sediment behind the fence. Silt fence does not retain soil fine particles like clays or silts. Suitable Applications Silt fences are suitable for perimeter control, placed below areas where sheet flows discharge from the site. They could also be used as interior controls below disturbed areas where runoff may occur in the form of sheet and rill erosion and around inlets within disturbed areas (SE-10). Silt fences should not be used in locations where the flow is concentrated. Silt fences should always be used in combination with erosion controls. Suitable applications include:  At perimeter of a project.  Below the toe or down slope of exposed and erodible slopes.  Along streams and channels.  Around temporary spoil areas and stockpiles.  Around inlets.  Below other small cleared areas. Categories EC Erosion Control SE Sediment Control  TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control Legend:  Primary Category  Secondary Category Targeted Constituents Sediment (coarse sediment)  Nutrients Trash Metals Bacteria Oil and Grease Organics Potential Alternatives SE-5 Fiber Rolls SE-6 Gravel Bag Berm SE-12 Manufactured Linear Sediment Controls SE-13 Compost Socks and Berms SE-14 Biofilter Bags If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Silt Fence SE-1 July 2012 California Stormwater BMP Handbook Portal 2 of 9 Construction www.casqa.org Limitations  Do not use in streams, channels, drain inlets, or anywhere flow is concentrated.  Do not use in locations where ponded water may cause a flooding hazard.  Do not use silt fence to divert water flows or place across any contour line.  Improperly installed fences are subject to failure from undercutting, overtopping, or collapsing.  Must be trenched and keyed in.  Not intended for use as a substitute for Fiber Rolls (SE-5), when fiber rolls are being used as a slope interruption device.  Do not use on slopes subject to creeping, slumping, or landslides. Implementation General A silt fence is a temporary sediment barrier consisting of woven geotextile stretched across and attached to supporting posts, trenched-in, and, depending upon the strength of fabric used, supported with plastic or wire mesh fence. Silt fences trap coarse sediment by intercepting and detaining sediment-laden runoff from disturbed areas in order to promote sedimentation behind the fence. The following layout and installation guidance can improve performance and should be followed:  Silt fence should be used in combination with erosion controls up-slope in order to provide the most effective sediment control.  Silt fence alone is not effective at reducing turbidity. (Barrett and Malina, 2004)  Designers should consider diverting sediment laden water to a temporary sediment basin or trap. (EPA, 2012)  Use principally in areas where sheet flow occurs.  Install along a level contour, so water does not pond more than 1.5 ft at any point along the silt fence.  Provide sufficient room for runoff to pond behind the fence and to allow sediment removal equipment to pass between the silt fence and toes of slopes or other obstructions. About 1200 ft2 of ponding area should be provided for every acre draining to the fence.  Efficiency of silt fences is primarily dependent on the detention time of the runoff behind the control. (Barrett and Malina, 2004)  The drainage area above any fence should not exceed a quarter of an acre. (Rule of Thumb- 100-feet of silt fence per 10,000 square feet of disturbed area.) (EPA 2012) Silt Fence SE-1 July 2012 California Stormwater BMP Handbook Portal 3 of 9 Construction www.casqa.org  The maximum length of slope draining to any point along the silt fence should be 100 ft per foot of silt fence.  Turn the ends of the filter fence uphill to prevent stormwater from flowing around the fence.  Leave an undisturbed or stabilized area immediately down slope from the fence where feasible.  Silt fences should remain in place until the disturbed area draining to the silt fence is permanently stabilized, after which, the silt fence fabric and posts should be removed and properly disposed.  J-Hooks, which have ends turning up the slope to break up long runs of fence and provide multiple storage areas that work like mini-retention areas, may be used to increase the effectiveness of silt fence.  Be aware of local regulations regarding the type and installation requirements of silt fence, which may differ from those presented in this fact sheet. Design and Layout In areas where high winds are anticipated the fence should be supported by a plastic or wire mesh. The geotextile fabric of the silt fence should contain ultraviolet inhibitors and stabilizers to provide longevity equivalent to the project life or replacement schedule.  Layout in accordance with the attached figures.  For slopes that contain a high number of rocks or large dirt clods that tend to dislodge, it may be necessary to protect silt fence from rocks (e.g., rockfall netting) ensure the integrity of the silt fence installation. Standard vs. Heavy Duty Silt Fence Standard Silt Fence  Generally applicable in cases where the area draining to fence produces moderate sediment loads. Heavy Duty Silt Fence  Heavy duty silt fence usually has 1 or more of the following characteristics, not possessed by standard silt fence. o Fabric is reinforced with wire backing or additional support. o Posts are spaced closer than pre-manufactured, standard silt fence products.  Use is generally limited to areas affected by high winds.  Area draining to fence produces moderate sediment loads. Materials Standard Silt Fence  Silt fence material should be woven geotextile with a minimum width of 36 in. The fabric should conform to the requirements in ASTM designation D6461.  Wooden stakes should be commercial quality lumber of the size and shape shown on the plans. Each stake should be free from decay, splits or cracks longer than the Silt Fence SE-1 July 2012 California Stormwater BMP Handbook Portal 4 of 9 Construction www.casqa.org thickness of the stake or other defects that would weaken the stakes and cause the stakes to be structurally unsuitable.  Staples used to fasten the fence fabric to the stakes should be not less than 1.75 in. long and should be fabricated from 15 gauge or heavier wire. The wire used to fasten the tops of the stakes together when joining two sections of fence should be 9 gauge or heavier wire. Galvanizing of the fastening wire will not be required. Heavy-Duty Silt Fence  Some silt fence has a wire backing to provide additional support, and there are products that may use prefabricated plastic holders for the silt fence and use metal posts instead of wood stakes. Installation Guidelines – Traditional Method Silt fences are to be constructed on a level contour. Sufficient area should exist behind th e fence for ponding to occur without flooding or overtopping the fence.  A trench should be excavated approximately 6 in. wide and 6 in. deep along the line of the proposed silt fence (trenches should not be excavated wider or deeper than necessary for proper silt fence installation).  Bottom of the silt fence should be keyed-in a minimum of 12 in.  Posts should be spaced a maximum of 6 ft apart and driven securely into the ground a minimum of 18 in. or 12 in. below the bottom of the trench.  When standard strength geotextile is used, a plastic or wire mesh support fence should be fastened securely to the upslope side of posts using heavy–duty wire staples at least 1 in. long. The mesh should extend into the trench.  When extra-strength geotextile and closer post spacing are used, the mesh support fence may be eliminated.  Woven geotextile should be purchased in a long roll, then cut to the length of the barrier. When joints are necessary, geotextile should be spliced together only at a support post, with a minimum 6 in. overlap and both ends securely fastened to the post.  The trench should be backfilled with native material and compacted.  Construct the length of each reach so that the change in base elevation along the reach does not exceed 1/3 the height of the barrier; in no case should the reach exceed 500 ft.  Cross barriers should be a minimum of 1/3 and a maximum of ½ the height of the linear barrier.  See typical installation details at the end of this fact sheet. Silt Fence SE-1 July 2012 California Stormwater BMP Handbook Portal 5 of 9 Construction www.casqa.org Installation Guidelines - Static Slicing Method  Static Slicing is defined as insertion of a narrow blade pulled behind a tractor, similar to a plow blade, at least 10 inches into the soil while at the same time pulling silt geotextile fabric into the ground through the opening created by the blade to the depth of the blade. Once the geotextile is installed, the soil is compacted using tractor tires.  This method will not work with pre-fabricated, wire backed silt fence.  Benefits: o Ease of installation (most often done with a 2 person crew). o Minimal soil disturbance. o Better level of compaction along fence, less susceptible to undercutting o Uniform installation.  Limitations: o Does not work in shallow or rocky soils. o Complete removal of geotextile material after use is difficult. o Be cautious when digging near potential underground utilities. Costs  It should be noted that costs vary greatly across regions due to available supplies and labor costs.  Average annual cost for installation using the traditional silt fence installation method (assumes 6 month useful life) is $7 per linear foot based on vendor research. Range of cost is $3.50 - $9.10 per linear foot. Inspection and Maintenance  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Repair undercut silt fences.  Repair or replace split, torn, slumping, or weathered fabric. The lifespan of silt fence fabric is generally 5 to 8 months.  Silt fences that are damaged and become unsuitable for the intended purpose should be removed from the site of work, disposed, and replaced with new silt fence barriers.  Sediment that accumulates in the BMP should be periodically removed in order to maintain BMP effectiveness. Sediment should be removed when the sediment accumulation reaches 1/3 of the barrier height.  Silt fences should be left in place until the upgradient area is permanently stabilized. Until then, the silt fence should be inspected and maintained regularly. Silt Fence SE-1 July 2012 California Stormwater BMP Handbook Portal 6 of 9 Construction www.casqa.org  Remove silt fence when upgradient areas are stabilized. Fill and compact post holes and anchor trench, remove sediment accumulation, grade fence alignment to blend with adjacent ground, and stabilize disturbed area. References Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area Governments, May 1995. Monitoring Data on Effectiveness of Sediment Control Techniques, Proceedings of World Water and Environmental Resources Congress, Barrett M. and Malina J. 2004. National Management Measures to Control Nonpoint Source Pollution from Urban Areas, United States Environmental Protection Agency, 2002. Proposed Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, Work Group-Working Paper, USEPA, April 1992. Sedimentation and Erosion Control Practices, and Inventory of Current Practices (Draft), USEPA, 1990. Southeastern Wisconsin Regional Planning Commission (SWRPC). Costs of Urban Nonpoint Source Water Pollution Control Measures. Technical Report No. 31. Southeastern Wisconsin Regional Planning Commission, Waukesha, WI. 1991. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Stormwater Management Manual for The Puget Sound Basin, Washington State Department of Ecology, Public Review Draft, 1991. U.S. Environmental Protection Agency (USEPA). Stormwater Best Management Practices: Silt Fences. U.S. Environmental Protection Agency, Office of Water, Washington, DC, 2012. U.S. Environmental Protection Agency (USEPA). Stormwater Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices. U.S. Environmental Protection Agency, Office of Water, Washington, DC, 1992. Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of Management Practices, Tahoe Regional Planning Agency, November 1988. Soil Stabilization BMP Research for Erosion and Sediment Controls: Cost Survey Technical Memorandum, State of California Department of Transportation (Caltrans), July 2007. Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February 2005. Silt Fence SE-1 July 2012 California Stormwater BMP Handbook Portal 7 of 9 Construction www.casqa.org Silt Fence SE-1 July 2012 California Stormwater BMP Handbook Portal 8 of 9 Construction www.casqa.org Silt Fence SE-1 July 2012 California Stormwater BMP Handbook Portal 9 of 9 Construction www.casqa.org Check Dams SE-4 July 2012 California Stormwater BMP Handbook Portal 1 of 7 Construction www.casqa.org Description and Purpose A check dam is a small barrier constructed of rock, gravel bags, sandbags, fiber rolls, or other proprietary products, placed across a constructed swale or drainage ditch. Check dams reduce the effective slope of the channel, thereby reducing scour and channel erosion by reducing flow velocity and increasing residence time within the channel, allowing sediment to settle. Suitable Applications Check dams may be appropriate in the following situations:  To promote sedimentation behind the dam.  To prevent erosion by reducing the velocity of channel flow in small intermittent channels and temporary swales.  In small open channels that drain 10 acres or less.  In steep channels where stormwater runoff velocities exceed 5 ft/s.  During the establishment of grass linings in drainage ditches or channels.  In temporary ditches where the short length of service does not warrant establishment of erosion-resistant linings.  To act as a grade control structure. Categories EC Erosion Control  SE Sediment Control  TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients Trash Metals Bacteria Oil and Grease Organics Potential Alternatives SE-5 Fiber Rolls SE-6 Gravel Bag Berm SE-8 Sandbag Barrier SE-12 Manufactured Linear Sediment Controls SE-14 Biofilter Bags If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Check Dams SE-4 July 2012 California Stormwater BMP Handbook Portal 2 of 7 Construction www.casqa.org Limitations  Not to be used in live streams or in channels with extended base flows.  Not appropriate in channels that drain areas greater than 10 acres.  Not appropriate in channels that are already grass-lined unless erosion potential or sediment-laden flow is expected, as installation may damage vegetation.  Require extensive maintenance following high velocity flows.  Promotes sediment trapping which can be re-suspended during subsequent storms or removal of the check dam.  Do not construct check dams with straw bales or silt fence.  Water suitable for mosquito production may stand behind check dams, particularly if subjected to daily non-stormwater discharges. Implementation General Check dams reduce the effective slope and create small pools in swales and ditches that drain 10 acres or less. Using check dams to reduce channel slope reduces the velocity of stormwater flows, thus reducing erosion of the swale or ditch and promoting sedimentation. Thus, check dams are dual-purpose and serve an important role as erosion controls as well as as sediment controls. Note that use of 1-2 isolated check dams for sedimentation will likely result in little net removal of sediment because of the small detention time and probable scour during longer storms. Using a series of check dams will generally increase their effectiveness. A sediment trap (SE-3) may be placed immediately upstream of the check dam to increase sediment removal efficiency. Design and Layout Check dams work by decreasing the effective slope in ditches and swales. An important consequence of the reduced slope is a reduction in capacity of the ditch or swale. This reduction in capacity should be considered when using this BMP, as reduced capacity can result in overtopping of the ditch or swale and resultant consequences. In some cases, such as a “permanent” ditch or swale being constructed early and used as a “temporary” conveyance for construction flows, the ditch or swale may have sufficient capacity such that the temporary reduction in capacity due to check dams is acceptable. When check dams reduce capacities beyond acceptable limits, either:  Don’t use check dams. Consider alternative BMPs, or.  Increase the size of the ditch or swale to restore capacity. Maximum slope and velocity reduction is achieved when the toe of the upstream dam is at the same elevation as the top of the downstream dam (see “Spacing Between Check Dams” detail at the end of this fact sheet). The center section of the dam should be lower than the edge sections (at least 6 inches), acting as a spillway, so that the check dam will direct flows to the center of Check Dams SE-4 July 2012 California Stormwater BMP Handbook Portal 3 of 7 Construction www.casqa.org the ditch or swale (see “Typical Rock Check Dam” detail at the end of this fact sheet). Bypass or side-cutting can occur if a sufficient spillway is not provided in the center of the dam. Check dams are usually constructed of rock, gravel bags, sandbags, and fiber rolls. A number of products can also be used as check dams (e.g. HDPE check dams, temporary silt dikes (SE-12)), and some of these products can be removed and reused. Check dams can also be constructed of logs or lumber, and have the advantage of a longer lifespan when compared to gravel bags, sandbags, and fiber rolls. Check dams should not be constructed from straw bales or silt fences, since concentrated flows quickly wash out these materials. Rock check dams are usually constructed of 8 to 12 in. rock. The rock is placed either by hand or mechanically, but never just dumped into the channel. The dam should completely span the ditch or swale to prevent washout. The rock used should be large enough to stay in place given the expected design flow through the channel. It is recommended that abutments be extended 18 in. into the channel bank. Rock can be graded such that smaller diameter rock (e.g. 2-4 in) is located on the upstream side of larger rock (holding the smaller rock in place); increasing residence time. Log check dams are usually constructed of 4 to 6 in. diameter logs, installed vertically. The logs should be embedded into the soil at least 18 in. Logs can be bolted or wired to vertical support logs that have been driven or buried into the soil. See fiber rolls, SE-5, for installation of fiber roll check dams. Gravel bag and sand bag check dams are constructed by stacking bags across the ditch or swale, shaped as shown in the drawings at the end of this fact sheet (see “Gravel Bag Check Dam” detail at the end of this fact sheet). Manufactured products, such as temporary silt dikes (SE-12), should be installed in accordance with the manufacturer’s instructions. Installation typically requires anchoring or trenching of products, as well as regular maintenance to remove accumulated sediment and debris. If grass is planted to stabilize the ditch or swale, the check dam should be removed when the grass has matured (unless the slope of the swales is greater than 4%). The following guidance should be followed for the design and layout of check dams:  Install the first check dam approximately 16 ft from the outfall device and at regular intervals based on slope gradient and soil type.  Check dams should be placed at a distance and height to allow small pools to form between each check dam.  For multiple check dam installation, backwater from a downstream check dam should reach the toes of the upstream check dam.  A sediment trap provided immediately upstream of the check dam will help capture sediment. Due to the potential for this sediment to be resuspended in subsequent storms, the sediment trap should be cleaned following each storm event. Check Dams SE-4 July 2012 California Stormwater BMP Handbook Portal 4 of 7 Construction www.casqa.org  High flows (typically a 2-year storm or larger) should safely flow over the check dam without an increase in upstream flooding or damage to the check dam.  Where grass is used to line ditches, check dams should be removed when grass has matured sufficiently to protect the ditch or swale. Materials  Rock used for check dams should typically be 8-12 in rock and be sufficiently sized to stay in place given expected design flows in the channel. Smaller diameter rock (e.g. 2 to 4 in) can be placed on the upstream side of larger rock to increase residence time.  Gravel bags used for check dams should conform to the requirements of SE-6, Gravel Bag Berms.  Sandbags used for check dams should conform to SE-8, Sandbag Barrier.  Fiber rolls used for check dams should conform to SE-5, Fiber Rolls.  Temporary silt dikes used for check dams should conform to SE-12, Temporary Silt Dikes. Installation  Rock should be placed individually by hand or by mechanical methods (no dumping of rock) to achieve complete ditch or swale coverage.  Tightly abut bags and stack according to detail shown in the figure at the end of this section (pyramid approach). Gravel bags and sandbags should not be stacked any higher than 3 ft.  Upper rows or gravel and sand bags shall overlap joints in lower rows.  Fiber rolls should be trenched in, backfilled, and firmly staked in place.  Install along a level contour.  HDPE check dams, temporary silt dikes, and other manufactured products should be used and installed per manufacturer specifications. Costs Cost consists of labor costs if materials are readily available (such as gravel on-site). If material must be imported, costs will increase. For other material and installation costs, see SE-5, SE-6, SE-8, SE-12, and SE-14. Inspection and Maintenance  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Replace missing rock, bags, rolls, etc. Replace bags or rolls that have degraded or have become damaged. Check Dams SE-4 July 2012 California Stormwater BMP Handbook Portal 5 of 7 Construction www.casqa.org  If the check dam is used as a sediment capture device, sediment that accumulates behind the BMP should be periodically removed in order to maintain BMP effectiveness. Sediment should be removed when the sediment accumulation reaches one-third of the barrier height.  If the check dam is used as a grade control structure, sediment removal is not required as long as the system continues to control the grade.  Inspect areas behind check dams for pools of standing water, especially if subjected to daily non-stormwater discharges.  Remove accumulated sediment prior to permanent seeding or soil stabilization.  Remove check dam and accumulated sediment when check dams are no longer needed. References Draft – Sedimentation and Erosion Control, and Inventory of Current Practices, USEPA, April 1990. Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area Governments, May 1995. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75, Washington State Department of Ecology, February 1992. Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February 2005. Metzger, M.E. 2004. Managing mosquitoes in stormwater treatment devices. University of California Division of Agriculture and Natural Resources, Publication 8125. On-line: http:// anrcatalog.ucdavis.edu/pdf/8125.pdf Check Dams SE-4 July 2012 California Stormwater BMP Handbook Portal 6 of 7 Construction www.casqa.org Check Dams SE-4 July 2012 California Stormwater BMP Handbook Portal 7 of 7 Construction www.casqa.org Fiber Rolls SE-5 July 2012 California Stormwater BMP Handbook Portal 1 of 5 Construction www.casqa.org Description and Purpose A fiber roll consists of straw, coir, or other biodegradable materials bound into a tight tubular roll wrapped by netting, which can be photodegradable or natural. Additionally, gravel core fiber rolls are available, which contain an imbedded ballast material such as gravel or sand for additional weight when staking the rolls are not feasible (such as use as inlet protection). When fiber rolls are placed at the toe and on the face of slopes along the contours, they intercept runoff, reduce its flow velocity, release the runoff as sheet flow, and provide removal of sediment from the runoff (through sedimentation). By interrupting the length of a slope, fiber rolls can also reduce sheet and rill erosion until vegetation is established. Suitable Applications Fiber rolls may be suitable:  Along the toe, top, face, and at grade breaks of exposed and erodible slopes to shorten slope length and spread runoff as sheet flow.  At the end of a downward slope where it transitions to a steeper slope.  Along the perimeter of a project.  As check dams in unlined ditches with minimal grade.  Down-slope of exposed soil areas.  At operational storm drains as a form of inlet protection. Categories EC Erosion Control  SE Sediment Control  TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients Trash Metals Bacteria Oil and Grease Organics Potential Alternatives SE-1 Silt Fence SE-6 Gravel Bag Berm SE-8 Sandbag Barrier SE-12 Manufactured Linear Sediment Controls SE-14 Biofilter Bags If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Fiber Rolls SE-5 July 2012 California Stormwater BMP Handbook Portal 2 of 5 Construction www.casqa.org  Around temporary stockpiles. Limitations  Fiber rolls are not effective unless trenched in and staked.  Not intended for use in high flow situations.  Difficult to move once saturated.  If not properly staked and trenched in, fiber rolls could be transported by high flows.  Fiber rolls have a very limited sediment capture zone.  Fiber rolls should not be used on slopes subject to creep, slumping, or landslide.  Rolls typically function for 12-24 months depending upon local conditions. Implementation Fiber Roll Materials  Fiber rolls should be prefabricated.  Fiber rolls may come manufactured containing polyacrylamide (PAM), a flocculating agent within the roll. Fiber rolls impregnated with PAM provide additional sediment removal capabilities and should be used in areas with fine, clayey or silty soils to provide additional sediment removal capabilities. Monitoring may be required for these installations.  Fiber rolls are made from weed free rice straw, flax, or a similar agricultural material bound into a tight tubular roll by netting.  Typical fiber rolls vary in diameter from 9 in. to 20 in. Larger diameter rolls are available as well. Installation  Locate fiber rolls on level contours spaced as follows: ­ Slope inclination of 4:1 (H:V) or flatter: Fiber rolls should be placed at a maximum interval of 20 ft. ­ Slope inclination between 4:1 and 2:1 (H:V): Fiber Rolls should be placed at a maximum interval of 15 ft. (a closer spacing is more effective). ­ Slope inclination 2:1 (H:V) or greater: Fiber Rolls should be placed at a maximum interval of 10 ft. (a closer spacing is more effective).  Prepare the slope before beginning installation.  Dig small trenches across the slope on the contour. The trench depth should be ¼ to 1/3 of the thickness of the roll, and the width should equal the roll diameter, in order to provide area to backfill the trench. Fiber Rolls SE-5 July 2012 California Stormwater BMP Handbook Portal 3 of 5 Construction www.casqa.org  It is critical that rolls are installed perpendicular to water movement, and parallel to the slope contour.  Start building trenches and installing rolls from the bottom of the slope and work up.  It is recommended that pilot holes be driven through the fiber roll. Use a straight bar to drive holes through the roll and into the soil for the wooden stakes.  Turn the ends of the fiber roll up slope to prevent runoff from going around the roll.  Stake fiber rolls into the trench. ­ Drive stakes at the end of each fiber roll and spaced 4 ft maximum on center. ­ Use wood stakes with a nominal classification of 0.75 by 0.75 in. and minimum length of 24 in.  If more than one fiber roll is placed in a row, the rolls should be overlapped, not abutted.  See typical fiber roll installation details at the end of this fact sheet. Removal  Fiber rolls can be left in place or removed depending on the type of fiber roll and application (temporary vs. permanent installation). Typically, fiber rolls encased with plastic netting are used for a temporary application because the netting does not biodegrade. Fiber rolls used in a permanent application are typically encased with a biodegradeable material and are left in place. Removal of a fiber roll used in a permanent application can result in greater disturbance.  Temporary installations should only be removed when up gradient areas are stabilized per General Permit requirements, and/or pollutant sources no longer present a hazard. But, they should also be removed before vegetation becomes too mature so that the removal process does not disturb more soil and vegetation than is necessary. Costs Material costs for regular fiber rolls range from $20 - $30 per 25 ft roll. Material costs for PAM impregnated fiber rolls range between 7.00-$9.00 per linear foot, based upon vendor research. Inspection and Maintenance  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Repair or replace split, torn, unraveling, or slumping fiber rolls.  If the fiber roll is used as a sediment capture device, or as an erosion control device to maintain sheet flows, sediment that accumulates in the BMP should be periodically removed Fiber Rolls SE-5 July 2012 California Stormwater BMP Handbook Portal 4 of 5 Construction www.casqa.org in order to maintain BMP effectiveness. Sediment should be removed when sediment accumulation reaches one-third the designated sediment storage depth.  If fiber rolls are used for erosion control, such as in a check dam, sediment removal should not be required as long as the system continues to control the grade. Sediment control BMPs will likely be required in conjunction with this type of application.  Repair any rills or gullies promptly. References Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February 2005. Fiber Rolls SE-5 July 2012 California Stormwater BMP Handbook Portal 5 of 5 Construction www.casqa.org Gravel Bag Berm SE-6 May 2011 California Stormwater BMP Handbook Portal 1 of 4 Construction www.casqa.org Description and Purpose A gravel bag berm is a series of gravel-filled bags placed on a level contour to intercept sheet flows. Gravel bags pond sheet flow runoff, allowing sediment to settle out, and release runoff slowly as sheet flow, preventing erosion. Suitable Applications Gravel bag berms may be suitable:  As a linear sediment control measure: ­ Below the toe of slopes and erodible slopes ­ As sediment traps at culvert/pipe outlets ­ Below other small cleared areas ­ Along the perimeter of a site ­ Down slope of exposed soil areas ­ Around temporary stockpiles and spoil areas ­ Parallel to a roadway to keep sediment off paved areas ­ Along streams and channels  As a linear erosion control measure: - Along the face and at grade breaks of exposed and erodible slopes to shorten slope length and spread runoff as sheet flow. Categories EC Erosion Control  SE Sediment Control  TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients Trash Metals Bacteria Oil and Grease Organics Potential Alternatives SE-1 Silt Fence SE-5 Fiber Roll SE-8 Sandbag Barrier SE-12 Temporary Silt Dike SE-14 Biofilter Bags If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Gravel Bag Berm SE-6 May 2011 California Stormwater BMP Handbook Portal 2 of 4 Construction www.casqa.org ­ At the top of slopes to divert runoff away from disturbed slopes. ­ As chevrons (small check dams) across mildly sloped construction roads. For use check dam use in channels, see SE-4, Check Dams. Limitations  Gravel berms may be difficult to remove.  Removal problems limit their usefulness in landscaped areas.  Gravel bag berm may not be appropriate for drainage areas greater than 5 acres.  Runoff will pond upstream of the berm, possibly causing flooding if sufficient space does not exist.  Degraded gravel bags may rupture when removed, spilling contents.  Installation can be labor intensive.  Durability of gravel bags is somewhat limited and bags may need to be replaced when installation is required for longer than 6 months.  Easily damaged by construction equipment.  When used to detain concentrated flows, maintenance requirements increase. Implementation General A gravel bag berm consists of a row of open graded gravel-filled bags placed on a level contour. When appropriately placed, a gravel bag berm intercepts and slows sheet flow runoff, causing temporary ponding. The temporary ponding allows sediment to settle. The open graded gravel in the bags is porous, which allows the ponded runoff to flow slowly through the bags, releasing the runoff as sheet flows. Gravel bag berms also interrupt the slope length and thereby reduce erosion by reducing the tendency of sheet flows to concentrate into rivulets, which erode rills, and ultimately gullies, into disturbed, sloped soils. Gravel bag berms are similar to sand bag barriers, but are more porous. Generally, gravel bag berms should be used in conjunction with temporary soil stabilization controls up slope to provide effective erosion and sediment control. Design and Layout  Locate gravel bag berms on level contours.  When used for slope interruption, the following slope/sheet flow length combinations apply: ­ Slope inclination of 4:1 (H:V) or flatter: Gravel bags should be placed at a maximum interval of 20 ft, with the first row near the slope toe. ­ Slope inclination between 4:1 and 2:1 (H:V): Gravel bags should be placed at a maximum interval of 15 ft. (a closer spacing is more effective), with the first row near the slope toe. Gravel Bag Berm SE-6 May 2011 California Stormwater BMP Handbook Portal 3 of 4 Construction www.casqa.org Slope inclination 2:1 (H:V) or greater: Gravel bags should be placed at a maximum interval of 10 ft. (a closer spacing is more effective), with the first row near the slope toe.  Turn the ends of the gravel bag barriers up slope to prevent runoff from going around the berm.  Allow sufficient space up slope from the gravel bag berm to allow ponding, and to provide room for sediment storage.  For installation near the toe of the slope, gravel bag barriers should be set back from the slope toe to facilitate cleaning. Where specific site conditions do not allow for a set-back, the gravel bag barrier may be constructed on the toe of the slope. To prevent flows behind the barrier, bags can be placed perpendicular to a berm to serve as cross barriers.  Drainage area should not exceed 5 acres.  In Non-Traffic Areas: ­ Height = 18 in. maximum ­ Top width = 24 in. minimum for three or more layer construction ­ Top width = 12 in. minimum for one or two layer construction ­ Side slopes = 2:1 (H:V) or flatter  In Construction Traffic Areas: ­ Height = 12 in. maximum ­ Top width = 24 in. minimum for three or more layer construction. ­ Top width = 12 in. minimum for one or two layer construction. ­ Side slopes = 2:1 (H:V) or flatter.  Butt ends of bags tightly.  On multiple row, or multiple layer construction, overlap butt joints of adjacent row and row beneath.  Use a pyramid approach when stacking bags. Materials  Bag Material: Bags should be woven polypropylene, polyethylene or polyamide fabric or burlap, minimum unit weight of 4 ounces/yd2, Mullen burst strength exceeding 300 lb/in2 in conformance with the requirements in ASTM designation D3786, and ultraviolet stability exceeding 70% in conformance with the requirements in ASTM designation D4355. Gravel Bag Berm SE-6 May 2011 California Stormwater BMP Handbook Portal 4 of 4 Construction www.casqa.org  Bag Size: Each gravel-filled bag should have a length of 18 in., width of 12 in., thickness of 3 in., and mass of approximately 33 lbs. Bag dimensions are nominal, and may vary based on locally available materials.  Fill Material: Fill material should be 0.5 to 1 in. crushed rock, clean and free from clay, organic matter, and other deleterious material, or other suitable open graded, non-cohesive, porous gravel. Costs Material costs for gravel bags are average and are dependent upon material availability. $2.50- 3.00 per filled gravel bag is standard based upon vendor research. Inspection and Maintenance  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Gravel bags exposed to sunlight will need to be replaced every two to three months due to degrading of the bags.  Reshape or replace gravel bags as needed.  Repair washouts or other damage as needed.  Sediment that accumulates in the BMP should be periodically removed in order to maintain BMP effectiveness. Sediment should be removed when the sediment accumulation reaches one-third of the barrier height.  Remove gravel bag berms when no longer needed and recycle gravel fill whenever possible and properly dispose of bag material. Remove sediment accumulation and clean, re-grade, and stabilize the area. References Handbook of Steel Drainage and Highway Construction, American Iron and Steel Institute, 1983. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Stormwater Pollution Plan Handbook, First Edition, State of California, Department of Transportation Division of New Technology, Materials and Research, October 1992. Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February 2005. Street Sweeping and Vacuuming SE-7 January 2011 California Stormwater BMP Handbook 1 of 2 Construction www.casqa.org Description and Purpose Street sweeping and vacuuming includes use of self-propelled and walk-behind equipment to remove sediment from streets and roadways, and to clean paved surfaces in preparation for final paving. Sweeping and vacuuming prevents sediment from the project site from entering storm drains or receiving waters. Suitable Applications Sweeping and vacuuming are suitable anywhere sediment is tracked from the project site onto public or private paved streets and roads, typically at points of egress. Sweeping and vacuuming are also applicable during preparation of paved surfaces for final paving. Limitations Sweeping and vacuuming may not be effective when sediment is wet or when tracked soil is caked (caked soil may need to be scraped loose). Implementation  Controlling the number of points where vehicles can leave the site will allow sweeping and vacuuming efforts to be focused, and perhaps save money.  Inspect potential sediment tracking locations daily.  Visible sediment tracking should be swept or vacuumed on a daily basis. Categories EC Erosion Control SE Sediment Control  TC Tracking Control  WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment  Nutrients Trash  Metals Bacteria Oil and Grease  Organics Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Street Sweeping and Vacuuming SE-7 January 2011 California Stormwater BMP Handbook 2 of 2 Construction www.casqa.org  Do not use kick brooms or sweeper attachments. These tend to spread the dirt rather than remove it.  If not mixed with debris or trash, consider incorporating the removed sediment back into the project Costs Rental rates for self-propelled sweepers vary depending on hopper size and duration of rental. Expect rental rates from $58/hour (3 yd3 hopper) to $88/hour (9 yd3 hopper), plus operator costs. Hourly production rates vary with the amount of area to be swept and amount of sediment. Match the hopper size to the area and expect sediment load to minimize time spent dumping. Inspection and Maintenance  Inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  When actively in use, points of ingress and egress must be inspected daily.  When tracked or spilled sediment is observed outside the construction limits, it must be removed at least daily. More frequent removal, even continuous removal, may be required in some jurisdictions.  Be careful not to sweep up any unknown substance or any object that may be potentially hazardous.  Adjust brooms frequently; maximize efficiency of sweeping operations.  After sweeping is finished, properly dispose of sweeper wastes at an approved dumpsite. References Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Labor Surcharge and Equipment Rental Rates, State of California Department of Transportation (Caltrans), April 1, 2002 – March 31, 2003. Storm Drain Inlet Protection SE-10 July 2012 California Stormwater BMP Handbook 1 of 10 Construction www.casqa.org Description and Purpose Storm drain inlet protection consists of a sediment filter or an impounding area in, around or upstream of a storm drain, drop inlet, or curb inlet. Storm drain inlet protection measures temporarily pond runoff before it enters the storm drain, allowing sediment to settle. Some filter configurations also remove sediment by filtering, but usually the ponding action results in the greatest sediment reduction. Temporary geotextile storm drain inserts attach underneath storm drain grates to capture and filter storm water. Suitable Applications  Every storm drain inlet receiving runoff from unstabilized or otherwise active work areas should be protected. Inlet protection should be used in conjunction with other erosion and sediment controls to prevent sediment-laden stormwater and non-stormwater discharges from entering the storm drain system. Limitations  Drainage area should not exceed 1 acre.  In general straw bales should not be used as inlet protection.  Requires an adequate area for water to pond without encroaching into portions of the roadway subject to traffic.  Sediment removal may be inadequate to prevent sediment discharges in high flow conditions or if runoff is heavily sediment laden. If high flow conditions are expected, use Categories EC Erosion Control SE Sediment Control  TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients Trash  Metals Bacteria Oil and Grease Organics Potential Alternatives SE-1 Silt Fence SE-5 Fiber Rolls SE-6 Gravel Bag Berm SE-8 Sandbag Barrier SE-14 Biofilter Bags SE-13 Compost Socks and Berms If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Storm Drain Inlet Protection SE-10 July 2012 California Stormwater BMP Handbook 2 of 10 Construction www.casqa.org other onsite sediment trapping techniques in conjunction with inlet protection.  Frequent maintenance is required.  Limit drainage area to 1 acre maximum. For drainage areas larger than 1 acre, runoff should be routed to a sediment-trapping device designed for larger flows. See BMPs SE-2, Sediment Basin, and SE-3, Sediment Traps.  Excavated drop inlet sediment traps are appropriate where relatively heavy flows are expected, and overflow capability is needed. Implementation General Inlet control measures presented in this handbook should not be used for inlets draining more than one acre. Runoff from larger disturbed areas should be first routed through SE-2, Sediment Basin or SE-3, Sediment Trap and/or used in conjunction with other drainage control, erosion control, and sediment control BMPs to protect the site. Different types of inlet protection are appropriate for different applications depending on site conditions and the type of inlet. Alternative methods are available in addition to the methods described/shown herein such as prefabricated inlet insert devices, or gutter protection devices. Design and Layout Identify existing and planned storm drain inlets that have the potential to receive sediment- laden surface runoff. Determine if storm drain inlet protection is needed and which method to use.  The key to successful and safe use of storm drain inlet protection devices is to know where runoff that is directed toward the inlet to be protected will pond or be diverted as a result of installing the protection device. - Determine the acceptable location and extent of ponding in the vicinity of the drain inlet. The acceptable location and extent of ponding will influence the type and design of the storm drain inlet protection device. - Determine the extent of potential runoff diversion caused by the storm drain inlet protection device. Runoff ponded by inlet protection devices may flow around the device and towards the next downstream inlet. In some cases, this is acceptable; in other cases, serious erosion or downstream property damage can be caused by these diversions. The possibility of runoff diversions will influence whether or not storm drain inlet protection is suitable; and, if suitable, the type and design of the device.  The location and extent of ponding, and the extent of diversion, can usually be controlled through appropriate placement of the inlet protection device. In some cases, moving the inlet protection device a short distance upstream of the actual inlet can provide more efficient sediment control, limit ponding to desired areas, and prevent or control diversions.  Seven types of inlet protection are presented below. However, it is recognized that other effective methods and proprietary devices exist and may be selected. Storm Drain Inlet Protection SE-10 July 2012 California Stormwater BMP Handbook 3 of 10 Construction www.casqa.org - Silt Fence: Appropriate for drainage basins with less than a 5% slope, sheet flows, and flows under 0.5 cfs. - Excavated Drop Inlet Sediment Trap: An excavated area around the inlet to trap sediment (SE-3). - Gravel bag barrier: Used to create a small sediment trap upstream of inlets on sloped, paved streets. Appropriate for sheet flow or when concentrated flow may exceed 0.5 cfs, and where overtopping is required to prevent flooding. - Block and Gravel Filter: Appropriate for flows greater than 0.5 cfs. - Temporary Geotextile Storm drain Inserts: Different products provide different features. Refer to manufacturer details for targeted pollutants and additional features. - Biofilter Bag Barrier: Used to create a small retention area upstream of inlets and can be located on pavement or soil. Biofilter bags slowly filter runoff allowing sediment to settle out. Appropriate for flows under 0.5 cfs. - Compost Socks: Allow filtered run-off to pass through the compost while retaining sediment and potentially other pollutants (SE-13). Appropriate for flows under 1.0 cfs.  Select the appropriate type of inlet protection and design as referred to or as described in this fact sheet.  Provide area around the inlet for water to pond without flooding structures and property.  Grates and spaces around all inlets should be sealed to prevent seepage of sediment-laden water.  Excavate sediment sumps (where needed) 1 to 2 ft with 2:1 side slopes around the inlet. Installation  DI Protection Type 1 - Silt Fence - Similar to constructing a silt fence; see BMP SE-1, Silt Fence. Do not place fabric underneath the inlet grate since the collected sediment may fall into the drain inlet when the fabric is removed or replaced and water flow through the grate will be blocked resulting in flooding. See typical Type 1 installation details at the end of this fact sheet. 1. Excavate a trench approximately 6 in. wide and 6 in. deep along the line of the silt fence inlet protection device. 2. Place 2 in. by 2 in. wooden stakes around the perimeter of the inlet a maximum of 3 ft apart and drive them at least 18 in. into the ground or 12 in. below the bottom of the trench. The stakes should be at least 48 in. 3. Lay fabric along bottom of trench, up side of trench, and then up stakes. See SE-1, Silt Fence, for details. The maximum silt fence height around the inlet is 24 in. 4. Staple the filter fabric (for materials and specifications, see SE-1, Silt Fence) to wooden stakes. Use heavy-duty wire staples at least 1 in. in length. Storm Drain Inlet Protection SE-10 July 2012 California Stormwater BMP Handbook 4 of 10 Construction www.casqa.org 5. Backfill the trench with gravel or compacted earth all the way around.  DI Protection Type 2 - Excavated Drop Inlet Sediment Trap - Install filter fabric fence in accordance with DI Protection Type 1. Size excavated trap to provide a minimum storage capacity calculated at the rate 67 yd3/acre of drainage area. See typical Type 2 installation details at the end of this fact sheet.  DI Protection Type 3 - Gravel bag - Flow from a severe storm should not overtop the curb. In areas of high clay and silts, use filter fabric and gravel as additional filter media. Construct gravel bags in accordance with SE-6, Gravel Bag Berm. Gravel bags should be used due to their high permeability. See typical Type 3 installation details at the end of this fact sheet. 1. Construct on gently sloping street. 2. Leave room upstream of barrier for water to pond and sediment to settle. 3. Place several layers of gravel bags – overlapping the bags and packing them tightly together. 4. Leave gap of one bag on the top row to serve as a spillway. Flow from a severe storm (e.g., 10 year storm) should not overtop the curb.  DI Protection Type 4 – Block and Gravel Filter - Block and gravel filters are suitable for curb inlets commonly used in residential, commercial, and industrial construction. See typical Type 4 installation details at the end of this fact sheet. 1. Place hardware cloth or comparable wire mesh with 0.5 in. openings over the drop inlet so that the wire extends a minimum of 1 ft beyond each side of the inlet structure. If more than one strip is necessary, overlap the strips. Place woven geotextile over the wire mesh. 2. Place concrete blocks lengthwise on their sides in a single row around the perimeter of the inlet, so that the open ends face outward, not upward. The ends of adjacent blocks should abut. The height of the barrier can be varied, depending on design needs, by stacking combinations of blocks that are 4 in., 8 in., and 12 in. wide. The row of blocks should be at least 12 in. but no greater than 24 in. high. 3. Place wire mesh over the outside vertical face (open end) of the concrete blocks to prevent stone from being washed through the blocks. Use hardware cloth or comparable wire mesh with 0.5 in. opening. 4. Pile washed stone against the wire mesh to the top of the blocks. Use 0.75 to 3 in.  DI Protection Type 5 – Temporary Geotextile Insert (proprietary) – Many types of temporary inserts are available. Most inserts fit underneath the grate of a drop inlet or inside of a curb inlet and are fastened to the outside of the grate or curb. These inserts are removable and many can be cleaned and reused. Installation of these inserts differs between manufacturers. Please refer to manufacturer instruction for installation of proprietary devices. Storm Drain Inlet Protection SE-10 July 2012 California Stormwater BMP Handbook 5 of 10 Construction www.casqa.org  DI Protection Type 6 - Biofilter bags – Biofilter bags may be used as a substitute for gravel bags in low-flow situations. Biofilter bags should conform to specifications detailed in SE-14, Biofilter bags. 1. Construct in a gently sloping area. 2. Biofilter bags should be placed around inlets to intercept runoff flows. 3. All bag joints should overlap by 6 in. 4. Leave room upstream for water to pond and for sediment to settle out. 5. Stake bags to the ground as described in the following detail. Stakes may be omitted if bags are placed on a paved surface.  DI Protection Type 7 – Compost Socks – A compost sock can be assembled on site by filling a mesh sock (e.g., with a pneumatic blower). Compost socks do not require special trenching compared to other sediment control methods (e.g., silt fence). Compost socks should conform to specification detailed in SE-13, Compost Socks and Berms. Costs  Average annual cost for installation and maintenance of DI Type 1-4 and 6 (one year useful life) is $200 per inlet.  Temporary geotextile inserts are proprietary and cost varies by region. These inserts can often be reused and may have greater than 1 year of use if maintained and kept undamaged. Average cost per insert ranges from $50-75 plus installation, but costs can exceed $100. This cost does not include maintenance.  See SE-13 for Compost Sock cost information. Inspection and Maintenance  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Silt Fences. If the fabric becomes clogged, torn, or degrades, it should be replaced. Make sure the stakes are securely driven in the ground and are in good shape (i.e., not bent, cracked, or splintered, and are reasonably perpendicular to the ground). Replace damaged stakes. At a minimum, remove the sediment behind the fabric fence when accumulation reaches one-third the height of the fence or barrier height.  Gravel Filters. If the gravel becomes clogged with sediment, it should be carefully removed from the inlet and either cleaned or replaced. Since cleaning gravel at a construction site may be difficult, consider using the sediment-laden stone as fill material and put fresh stone around the inlet. Inspect bags for holes, gashes, and snags, and replace bags as needed. Check gravel bags for proper arrangement and displacement. Storm Drain Inlet Protection SE-10 July 2012 California Stormwater BMP Handbook 6 of 10 Construction www.casqa.org  Sediment that accumulates in the BMP should be periodically removed in order to maintain BMP effectiveness. Sediment should be removed when the sediment accumulation reaches one-third of the barrier height.  Inspect and maintain temporary geotextile insert devices according to manufacturer’s specifications.  Remove storm drain inlet protection once the drainage area is stabilized. - Clean and regrade area around the inlet and clean the inside of the storm drain inlet, as it should be free of sediment and debris at the time of final inspection. References Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Stormwater Management Manual for The Puget Sound Basin, Washington State Department of Ecology, Public Review Draft, 1991. Erosion and Sediment Control Manual, Oregon Department of Environmental Quality, February 2005. Storm Drain Inlet Protection SE-10 July 2012 California Stormwater BMP Handbook 7 of 10 Construction www.casqa.org Storm Drain Inlet Protection SE-10 June 2012 California Stormwater BMP Handbook 8 of 10 Construction www.casqa.org Storm Drain Inlet Protection SE-10 June 2012 California Stormwater BMP Handbook 9 of 10 Construction www.casqa.org Gravel bags Gravel bags 6. Protection can be effective even if it is not immediately adjacent to the inlet provided that the inlet is protected from potential sources of pollution. Storm Drain Inlet Protection SE-10 June 2012 California Stormwater BMP Handbook 10 of 10 Construction www.casqa.org Stabilized Construction Entrance/Exit TC-1 July 2012 California Stormwater BMP Handbook 1 of 6 Construction www.casqa.org Description and Purpose A stabilized construction access is defined by a point of entrance/exit to a construction site that is stabilized to reduce the tracking of mud and dirt onto public roads by construction vehicles. Suitable Applications Use at construction sites:  Where dirt or mud can be tracked onto public roads.  Adjacent to water bodies.  Where poor soils are encountered.  Where dust is a problem during dry weather conditions. Limitations  Entrances and exits require periodic top dressing with additional stones.  This BMP should be used in conjunction with street sweeping on adjacent public right of way.  Entrances and exits should be constructed on level ground only.  Stabilized construction entrances are rather expensive to construct and when a wash rack is included, a sediment trap of some kind must also be provided to collect wash water runoff. Categories EC Erosion Control  SE Sediment Control  TC Tracking Control  WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment  Nutrients Trash Metals Bacteria Oil and Grease Organics Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Stabilized Construction Entrance/Exit TC-1 July 2012 California Stormwater BMP Handbook 2 of 6 Construction www.casqa.org Implementation General A stabilized construction entrance is a pad of aggregate underlain with filter cloth located at any point where traffic will be entering or leaving a construction site to or from a public right of way, street, alley, sidewalk, or parking area. The purpose of a stabilized construction entrance is to reduce or eliminate the tracking of sediment onto public rights of way or streets. Reducing tracking of sediments and other pollutants onto paved roads helps prevent deposition of sediments into local storm drains and production of airborne dust. Where traffic will be entering or leaving the construction site, a stabilized construction entrance should be used. NPDES permits require that appropriate measures be implemented to prevent tracking of sediments onto paved roadways, where a significant source of sediments is derived from mud and dirt carried out from unpaved roads and construction sites. Stabilized construction entrances are moderately effective in removing sediment from equipment leaving a construction site. The entrance should be built on level ground. Advantages of the Stabilized Construction Entrance/Exit is that it does remove some sediment from equipment and serves to channel construction traffic in and out of the site at specified locations. Efficiency is greatly increased when a washing rack is included as part of a stabilized construction entrance/exit. Design and Layout  Construct on level ground where possible.  Select 3 to 6 in. diameter stones.  Use minimum depth of stones of 12 in. or as recommended by soils engineer.  Construct length of 50 ft or maximum site will allow, and 10 ft minimum width or to accommodate traffic.  Rumble racks constructed of steel panels with ridges and installed in the stabilized entrance/exit will help remove additional sediment and to keep adjacent streets clean.  Provide ample turning radii as part of the entrance.  Limit the points of entrance/exit to the construction site.  Limit speed of vehicles to control dust.  Properly grade each construction entrance/exit to prevent runoff from leaving the construction site.  Route runoff from stabilized entrances/exits through a sediment trapping device before discharge.  Design stabilized entrance/exit to support heaviest vehicles and equipment that will use it. Stabilized Construction Entrance/Exit TC-1 July 2012 California Stormwater BMP Handbook 3 of 6 Construction www.casqa.org  Select construction access stabilization (aggregate, asphaltic concrete, concrete) based on longevity, required performance, and site conditions. Do not use asphalt concrete (AC) grindings for stabilized construction access/roadway.  If aggregate is selected, place crushed aggregate over geotextile fabric to at least 12 in. depth, or place aggregate to a depth recommended by a geotechnical engineer. A crushed aggregate greater than 3 in. but smaller than 6 in. should be used.  Designate combination or single purpose entrances and exits to the construction site.  Require that all employees, subcontractors, and suppliers utilize the stabilized construction access.  Implement SE-7, Street Sweeping and Vacuuming, as needed.  All exit locations intended to be used for more than a two-week period should have stabilized construction entrance/exit BMPs. Inspection and Maintenance  Inspect and verify that activity–based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMPs are under way, inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Inspect local roads adjacent to the site daily. Sweep or vacuum to remove visible accumulated sediment.  Remove aggregate, separate and dispose of sediment if construction entrance/exit is clogged with sediment.  Keep all temporary roadway ditches clear.  Check for damage and repair as needed.  Replace gravel material when surface voids are visible.  Remove all sediment deposited on paved roadways within 24 hours.  Remove gravel and filter fabric at completion of construction Costs Average annual cost for installation and maintenance may vary from $1,200 to $4,800 each, averaging $2,400 per entrance. Costs will increase with addition of washing rack, and sediment trap. With wash rack, costs range from $1,200 - $6,000 each, averaging $3,600 per entrance. References Manual of Standards of Erosion and Sediment Control Measures, Association of Bay Area Governments, May 1995. Stabilized Construction Entrance/Exit TC-1 July 2012 California Stormwater BMP Handbook 4 of 6 Construction www.casqa.org National Management Measures to Control Nonpoint Source Pollution from Urban Areas, USEPA Agency, 2002. Proposed Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, Work Group Working Paper, USEPA, April 1992. Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Stormwater Management of the Puget Sound Basin, Technical Manual, Publication #91-75, Washington State Department of Ecology, February 1992. Virginia Erosion and Sedimentation Control Handbook, Virginia Department of Conservation and Recreation, Division of Soil and Water Conservation, 1991. Guidance Specifying Management Measures for Nonpoint Pollution in Coastal Waters, EPA 840-B-9-002, USEPA, Office of Water, Washington, DC, 1993. Water Quality Management Plan for the Lake Tahoe Region, Volume II, Handbook of Management Practices, Tahoe Regional Planning Agency, November 1988. Stabilized Construction Entrance/Exit TC-1 July 2012 California Stormwater BMP Handbook 5 of 6 Construction www.casqa.org 50’ Typical (1) Length should be extended to 12 times the diameter of the largest construction vehicle tire. (2) On small sites length should be the maximum allowed by site. Stabilized Construction Entrance/Exit TC-1 July 2012 California Stormwater BMP Handbook 6 of 6 Construction www.casqa.org 50’ Typical (1) Length should be extended to 12 times the diameter of the largest construction vehicle tire. (2 ) On small sites length should be the maximum allowed by site . Wind Erosion Control WE-1 May 2011 California Stormwater BMP Handbook 1 of 5 Construction www.casqa.org Description and Purpose Wind erosion or dust control consists of applying water or other chemical dust suppressants as necessary to prevent or alleviate dust nuisance generated by construction activities. Covering small stockpiles or areas is an alternative to applying water or other dust palliatives. California’s Mediterranean climate, with a short “wet” season and a typically long, hot “dry” season, allows the soils to thoroughly dry out. During the dry season, construction activities are at their peak, and disturbed and exposed areas are increasingly subject to wind erosion, sediment tracking and dust generated by construction equipment. Site conditions and climate can make dust control more of an erosion problem than water based erosion. Additionally, many local agencies, including Air Quality Management Districts, require dust control and/or dust control permits in order to comply with local nuisance laws, opacity laws (visibility impairment) and the requirements of the Clean Air Act. Wind erosion control is required to be implemented at all construction sites greater than 1 acre by the General Permit. Suitable Applications Most BMPs that provide protection against water-based erosion will also protect against wind-based erosion and dust control requirements required by other agencies will generally meet wind erosion control requirements for water quality protection. Wind erosion control BMPs are suitable during the following construction activities: Categories EC Erosion Control SE Sediment Control  TC Tracking Control WE Wind Erosion Control  NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients Trash Metals Bacteria Oil and Grease Organics Potential Alternatives EC-5 Soil Binders If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Wind Erosion Control WE-1 May 2011 California Stormwater BMP Handbook 2 of 5 Construction www.casqa.org  Construction vehicle traffic on unpaved roads  Drilling and blasting activities  Soils and debris storage piles  Batch drop from front-end loaders  Areas with unstabilized soil  Final grading/site stabilization Limitations  Watering prevents dust only for a short period (generally less than a few hours) and should be applied daily (or more often) to be effective.  Over watering may cause erosion and track-out.  Oil or oil-treated subgrade should not be used for dust control because the oil may migrate into drainageways and/or seep into the soil.  Chemical dust suppression agents may have potential environmental impacts. Selected chemical dust control agents should be environmentally benign.  Effectiveness of controls depends on soil, temperature, humidity, wind velocity and traffic.  Chemical dust suppression agents should not be used within 100 feet of wetlands or water bodies.  Chemically treated subgrades may make the soil water repellant, interfering with long-term infiltration and the vegetation/re-vegetation of the site. Some chemical dust suppressants may be subject to freezing and may contain solvents and should be handled properly.  In compacted areas, watering and other liquid dust control measures may wash sediment or other constituents into the drainage system.  If the soil surface has minimal natural moisture, the affected area may need to be pre-wetted so that chemical dust control agents can uniformly penetrate the soil surface. Implementation Dust Control Practices Dust control BMPs generally stabilize exposed surfaces and minimize activities that suspend or track dust particles. The following table presents dust control practices that can be applied to varying site conditions that could potentially cause dust. For heavily traveled and disturbed areas, wet suppression (watering), chemical dust suppression, gravel asphalt surfacing, temporary gravel construction entrances, equipment wash-out areas, and haul truck covers can be employed as dust control applications. Permanent or temporary vegetation and mulching can be employed for areas of occasional or no construction traffic. Preventive measures include minimizing surface areas to be disturbed, limiting onsite vehicle traffic to 15 mph or less, and controlling the number and activity of vehicles on a site at any given time. Wind Erosion Control WE-1 May 2011 California Stormwater BMP Handbook 3 of 5 Construction www.casqa.org Chemical dust suppressants include: mulch and fiber based dust palliatives (e.g. paper mulch with gypsum binder), salts and brines (e.g. calcium chloride, magnesium chloride), non- petroleum based organics (e.g. vegetable oil, lignosulfonate), petroleum based organics (e.g. asphalt emulsion, dust oils, petroleum resins), synthetic polymers (e.g. polyvinyl acetate, vinyls, acrylic), clay additives (e.g. bentonite, montimorillonite) and electrochemical products (e.g. enzymes, ionic products). Site Condition Dust Control Practices Permanent Vegetation Mulching Wet Suppression (Watering) Chemical Dust Suppression Gravel or Asphalt Temporary Gravel Construction Entrances/Equipment Wash Down Synthetic Covers Minimize Extent of Disturbed Area Disturbed Areas not Subject to Traffic X X X X X X Disturbed Areas Subject to Traffic X X X X X Material Stockpiles X X X X X Demolition X X X Clearing/ Excavation X X X Truck Traffic on Unpaved Roads X X X X X Tracking X X Additional preventive measures include:  Schedule construction activities to minimize exposed area (see EC-1, Scheduling).  Quickly treat exposed soils using water, mulching, chemical dust suppressants, or stone/gravel layering.  Identify and stabilize key access points prior to commencement of construction.  Minimize the impact of dust by anticipating the direction of prevailing winds.  Restrict construction traffic to stabilized roadways within the project site, as practicable.  Water should be applied by means of pressure-type distributors or pipelines equipped with a spray system or hoses and nozzles that will ensure even distribution.  All distribution equipment should be equipped with a positive means of shutoff.  Unless water is applied by means of pipelines, at least one mobile unit should be available at all times to apply water or dust palliative to the project.  If reclaimed waste water is used, the sources and discharge must meet California Department of Health Services water reclamation criteria and the Regional Water Quality Wind Erosion Control WE-1 May 2011 California Stormwater BMP Handbook 4 of 5 Construction www.casqa.org Control Board (RWQCB) requirements. Non-potable water should not be conveyed in tanks or drain pipes that will be used to convey potable water and there should be no connection between potable and non-potable supplies. Non-potable tanks, pipes, and other conveyances should be marked, “NON-POTABLE WATER - DO NOT DRINK.”  Pave or chemically stabilize access points where unpaved traffic surfaces adjoin paved roads.  Provide covers for haul trucks transporting materials that contribute to dust.  Provide for rapid clean up of sediments deposited on paved roads. Furnish stabilized construction road entrances and wheel wash areas.  Stabilize inactive areas of construction sites using temporary vegetation or chemical stabilization methods. For chemical stabilization, there are many products available for chemically stabilizing gravel roadways and stockpiles. If chemical stabilization is used, the chemicals should not create any adverse effects on stormwater, plant life, or groundwater and should meet all applicable regulatory requirements. Costs Installation costs for water and chemical dust suppression vary based on the method used and the length of effectiveness. Annual costs may be high since some of these measures are effective for only a few hours to a few days. Inspection and Maintenance  Inspect and verify that activity-based BMPs are in place prior to the commencement of associated activities.  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Check areas protected to ensure coverage.  Most water-based dust control measures require frequent application, often daily or even multiple times per day. Obtain vendor or independent information on longevity of chemical dust suppressants. References Best Management Practices and Erosion Control Manual for Construction Sites, Flood Control District of Maricopa County, Arizona, September 1992. California Air Pollution Control Laws, California Air Resources Board, updated annually. Construction Manual, Chapter 4, Section 10, “Dust Control”; Section 17, “Watering”; and Section 18, “Dust Palliative”, California Department of Transportation (Caltrans), July 2001. Wind Erosion Control WE-1 May 2011 California Stormwater BMP Handbook 5 of 5 Construction www.casqa.org Prospects for Attaining the State Ambient Air Quality Standards for Suspended Particulate Matter (PM10), Visibility Reducing Particles, Sulfates, Lead, and Hydrogen Sulfide, California Air Resources Board, April 1991. Stormwater Quality Handbooks Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Material Delivery and Storage WM-1 November 2009 California Stormwater BMP Handbook 1 of 5 Construction www.casqa.org Description and Purpose Prevent, reduce, or eliminate the discharge of pollutants from material delivery and storage to the stormwater system or watercourses by minimizing the storage of hazardous materials onsite, storing materials in watertight containers and/or a completely enclosed designated area, installing secondary containment, conducting regular inspections, and training employees and subcontractors. This best management practice covers only material delivery and storage. For other information on materials, see WM-2, Material Use, or WM-4, Spill Prevention and Control. For information on wastes, see the waste management BMPs in this section. Suitable Applications These procedures are suitable for use at all construction sites with delivery and storage of the following materials:  Soil stabilizers and binders  Pesticides and herbicides  Fertilizers  Detergents  Plaster  Petroleum products such as fuel, oil, and grease Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control  Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients  Trash  Metals  Bacteria Oil and Grease  Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Material Delivery and Storage WM-1 November 2009 California Stormwater BMP Handbook 2 of 5 Construction www.casqa.org  Asphalt and concrete components  Hazardous chemicals such as acids, lime, glues, adhesives, paints, solvents, and curing compounds  Concrete compounds  Other materials that may be detrimental if released to the environment Limitations  Space limitation may preclude indoor storage.  Storage sheds often must meet building and fire code requirements. Implementation The following steps should be taken to minimize risk:  Chemicals must be stored in water tight containers with appropriate secondary containment or in a storage shed.  When a material storage area is located on bare soil, the area should be lined and bermed.  Use containment pallets or other practical and available solutions, such as storing materials within newly constructed buildings or garages, to meet material storage requirements.  Stack erodible landscape material on pallets and cover when not in use.  Contain all fertilizers and other landscape materials when not in use.  Temporary storage areas should be located away from vehicular traffic.  Material Safety Data Sheets (MSDS) should be available on-site for all materials stored that have the potential to effect water quality.  Construction site areas should be designated for material delivery and storage.  Material delivery and storage areas should be located away from waterways, if possible. ­ Avoid transport near drainage paths or waterways. ­ Surround with earth berms or other appropriate containment BMP. See EC-9, Earth Dikes and Drainage Swales. ­ Place in an area that will be paved.  Storage of reactive, ignitable, or flammable liquids must comply with the fire codes of your area. Contact the local Fire Marshal to review site materials, quantities, and proposed storage area to determine specific requirements. See the Flammable and Combustible Liquid Code, NFPA30.  An up to date inventory of materials delivered and stored onsite should be kept. Material Delivery and Storage WM-1 November 2009 California Stormwater BMP Handbook 3 of 5 Construction www.casqa.org  Hazardous materials storage onsite should be minimized.  Hazardous materials should be handled as infrequently as possible.  Keep ample spill cleanup supplies appropriate for the materials being stored. Ensure that cleanup supplies are in a conspicuous, labeled area.  Employees and subcontractors should be trained on the proper material delivery and storage practices.  Employees trained in emergency spill cleanup procedures must be present when dangerous materials or liquid chemicals are unloaded.  If significant residual materials remain on the ground after construction is complete, properly remove and dispose of materials and any contaminated soil. See WM-7, Contaminated Soil Management. If the area is to be paved, pave as soon as materials are removed to stabilize the soil. Material Storage Areas and Practices  Liquids, petroleum products, and substances listed in 40 CFR Parts 110, 117, or 302 should be stored in approved containers and drums and should not be overfilled. Containers and drums should be placed in temporary containment facilities for storage.  A temporary containment facility should provide for a spill containment volume able to contain precipitation from a 25 year storm event, plus the greater of 10% of the aggregate volume of all containers or 100% of the capacity of the largest container within its boundary, whichever is greater.  A temporary containment facility should be impervious to the materials stored therein for a minimum contact time of 72 hours.  A temporary containment facility should be maintained free of accumulated rainwater and spills. In the event of spills or leaks, accumulated rainwater and spills should be collected and placed into drums. These liquids should be handled as a hazardous waste unless testing determines them to be non-hazardous. All collected liquids or non-hazardous liquids should be sent to an approved disposal site.  Sufficient separation should be provided between stored containers to allow for spill cleanup and emergency response access.  Incompatible materials, such as chlorine and ammonia, should not be stored in the same temporary containment facility.  Materials should be covered prior to, and during rain events.  Materials should be stored in their original containers and the original product labels should be maintained in place in a legible condition. Damaged or otherwise illegible labels should be replaced immediately. Material Delivery and Storage WM-1 November 2009 California Stormwater BMP Handbook 4 of 5 Construction www.casqa.org  Bagged and boxed materials should be stored on pallets and should not be allowed to accumulate on the ground. To provide protection from wind and rain throughout the rainy season, bagged and boxed materials should be covered during non-working days and prior to and during rain events.  Stockpiles should be protected in accordance with WM-3, Stockpile Management.  Materials should be stored indoors within existing structures or completely enclosed storage sheds when available.  Proper storage instructions should be posted at all times in an open and conspicuous location.  An ample supply of appropriate spill clean up material should be kept near storage areas.  Also see WM-6, Hazardous Waste Management, for storing of hazardous wastes. Material Delivery Practices  Keep an accurate, up-to-date inventory of material delivered and stored onsite.  Arrange for employees trained in emergency spill cleanup procedures to be present when dangerous materials or liquid chemicals are unloaded. Spill Cleanup  Contain and clean up any spill immediately.  Properly remove and dispose of any hazardous materials or contaminated soil if significant residual materials remain on the ground after construction is complete. See WM-7, Contaminated Soil Management.  See WM-4, Spill Prevention and Control, for spills of chemicals and/or hazardous materials.  If spills or leaks of materials occur that are not contained and could discharge to surface waters, non-visible sampling of site discharge may be required. Refer to the General Permit or to your project specific Construction Site Monitoring Plan to determine if and where sampling is required. Cost  The largest cost of implementation may be in the construction of a materials storage area that is covered and provides secondary containment. Inspection and Maintenance  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Keep storage areas clean and well organized, including a current list of all materials onsite.  Inspect labels on containers for legibility and accuracy. Material Delivery and Storage WM-1 November 2009 California Stormwater BMP Handbook 5 of 5 Construction www.casqa.org  Repair or replace perimeter controls, containment structures, covers, and liners as needed to maintain proper function. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Coastal Nonpoint Pollution Control Program: Program Development and Approval Guidance, Working Group Working Paper; USEPA, April 1992. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Stormwater Management for Construction Activities; Developing Pollution Prevention Plans and Best Management Practice, EPA 832-R-92005; USEPA, April 1992. Material Use WM-2 November 2009 California Stormwater BMP Handbook 1 of 4 Construction www.casqa.org Description and Purpose Prevent or reduce the discharge of pollutants to the storm drain system or watercourses from material use by using alternative products, minimizing hazardous material use onsite, and training employees and subcontractors. Suitable Applications This BMP is suitable for use at all construction projects. These procedures apply when the following materials are used or prepared onsite:  Pesticides and herbicides  Fertilizers  Detergents  Petroleum products such as fuel, oil, and grease  Asphalt and other concrete components  Other hazardous chemicals such as acids, lime, glues, adhesives, paints, solvents, and curing compounds  Other materials that may be detrimental if released to the environment Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control  Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients  Trash  Metals  Bacteria Oil and Grease  Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Material Use WM-2 November 2009 California Stormwater BMP Handbook 2 of 4 Construction www.casqa.org Limitations Safer alternative building and construction products may not be available or suitable in every instance. Implementation The following steps should be taken to minimize risk:  Minimize use of hazardous materials onsite.  Follow manufacturer instructions regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals.  Train personnel who use pesticides. The California Department of Pesticide Regulation and county agricultural commissioners license pesticide dealers, certify pesticide applicators, and conduct onsite inspections.  The preferred method of termiticide application is soil injection near the existing or proposed structure foundation/slab; however, if not feasible, soil drench application of termiticides should follow EPA label guidelines and the following recommendations (most of which are applicable to most pesticide applications):  Do not treat soil that is water-saturated or frozen.  Application shall not commence within 24-hours of a predicted precipitation event with a 40% or greater probability. Weather tracking must be performed on a daily basis prior to termiticide application and during the period of termiticide application.  Do not allow treatment chemicals to runoff from the target area. Apply proper quantity to prevent excess runoff. Provide containment for and divert stormwater from application areas using berms or diversion ditches during application.  Dry season: Do not apply within 10 feet of storm drains. Do not apply within 25 feet of aquatic habitats (such as, but not limited to, lakes; reservoirs; rivers; permanent streams; marshes or ponds; estuaries; and commercial fish farm ponds).  Wet season: Do not apply within 50 feet of storm drains or aquatic habitats (such as, but not limited to, lakes; reservoirs; rivers; permanent streams; marshes or ponds; estuaries; and commercial fish farm ponds) unless a vegetative buffer is present (if so, refer to dry season requirements).  Do not make on-grade applications when sustained wind speeds are above 10 mph (at application site) at nozzle end height.  Cover treatment site prior to a rain event in order to prevent run-off of the pesticide into non-target areas. The treated area should be limited to a size that can be backfilled and/or covered by the end of the work shift. Backfilling or covering of the treated area shall be done by the end of the same work shift in which the application is made.  The applicator must either cover the soil him/herself or provide written notification of the above requirement to the contractor on site and to the person commissioning the Material Use WM-2 November 2009 California Stormwater BMP Handbook 3 of 4 Construction www.casqa.org application (if different than the contractor). If notice is provided to the contractor or the person commissioning the application, then they are responsible under the Federal Insecticide Fungicide, and Rodenticide Act (FIFRA) to ensure that: 1) if the concrete slab cannot be poured over the treated soil within 24 hours of application, the treated soil is covered with a waterproof covering (such as polyethylene sheeting), and 2) the treated soil is covered if precipitation is predicted to occur before the concrete slab is scheduled to be poured.  Do not over-apply fertilizers, herbicides, and pesticides. Prepare only the amount needed. Follow the recommended usage instructions. Over-application is expensive and environmentally harmful. Unless on steep slopes, till fertilizers into the soil rather than hydraulic application. Apply surface dressings in several smaller applications, as opposed to one large application, to allow time for infiltration and to avoid excess material being carried offsite by runoff. Do not apply these chemicals before predicted rainfall.  Train employees and subcontractors in proper material use.  Supply Material Safety Data Sheets (MSDS) for all materials.  Dispose of latex paint and paint cans, used brushes, rags, absorbent materials, and drop cloths, when thoroughly dry and are no longer hazardous, with other construction debris.  Do not remove the original product label; it contains important safety and disposal information. Use the entire product before disposing of the container.  Mix paint indoors or in a containment area. Never clean paintbrushes or rinse paint containers into a street, gutter, storm drain, or watercourse. Dispose of any paint thinners, residue, and sludge(s) that cannot be recycled, as hazardous waste.  For water-based paint, clean brushes to the extent practicable, and rinse to a drain leading to a sanitary sewer where permitted, or contain for proper disposal off site. For oil-based paints, clean brushes to the extent practicable, and filter and reuse thinners and solvents.  Use recycled and less hazardous products when practical. Recycle residual paints, solvents, non-treated lumber, and other materials.  Use materials only where and when needed to complete the construction activity. Use safer alternative materials as much as possible. Reduce or eliminate use of hazardous materials onsite when practical.  Document the location, time, chemicals applied, and applicator’s name and qualifications.  Keep an ample supply of spill clean up material near use areas. Train employees in spill clean up procedures.  Avoid exposing applied materials to rainfall and runoff unless sufficient time has been allowed for them to dry.  Discontinue use of erodible landscape material within 2 days prior to a forecasted rain event and materials should be covered and/or bermed. Material Use WM-2 November 2009 California Stormwater BMP Handbook 4 of 4 Construction www.casqa.org  Provide containment for material use areas such as masons’ areas or paint mixing/preparation areas to prevent materials/pollutants from entering stormwater. Costs All of the above are low cost measures. Inspection and Maintenance  Inspect and verify that activity-based BMPs are in place prior to the commencement of associated activities.  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Ensure employees and subcontractors throughout the job are using appropriate practices. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Coastal Nonpoint Pollution Control Program: Program Development and Approval Guidance, Working Group Working Paper; USEPA, April 1992. Comments on Risk Assessments Risk Reduction Options for Cypermethrin: Docket No. OPP– 2005–0293; California Stormwater Quality Association (CASQA) letter to USEPA, 2006.Environmental Hazard and General Labeling for Pyrethroid Non-Agricultural Outdoor Products, EPA-HQ-OPP-2008-0331-0021; USEPA, 2008. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Stormwater Management for Construction Activities; Developing Pollution Prevention Plans and Best Management Practice, EPA 832-R-92005; USEPA, April 1992. Stockpile Management WM-3 July 2012 California Stormwater BMP Handbook 1 of 3 Construction www.casqa.org Description and Purpose Stockpile management procedures and practices are designed to reduce or eliminate air and stormwater pollution from stockpiles of soil, soil amendments, sand, paving materials such as portland cement concrete (PCC) rubble, asphalt concrete (AC), asphalt concrete rubble, aggregate base, aggregate sub base or pre-mixed aggregate, asphalt minder (so called “cold mix” asphalt), and pressure treated wood. Suitable Applications Implement in all projects that stockpile soil and other loose materials. Limitations  Plastic sheeting as a stockpile protection is temporary and hard to manage in windy conditions. Where plastic is used, consider use of plastic tarps with nylon reinforcement which may be more durable than standard sheeting.  Plastic sheeting can increase runoff volume due to lack of infiltration and potentially cause perimeter control failure.  Plastic sheeting breaks down faster in sunlight.  The use of Plastic materials and photodegradable plastics should be avoided. Implementation Protection of stockpiles is a year-round requirement. To properly manage stockpiles: Categories EC Erosion Control SE Sediment Control  TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control  WM Waste Management and Materials Pollution Control  Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients  Trash  Metals  Bacteria Oil and Grease  Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Stockpile Management WM-3 July 2012 California Stormwater BMP Handbook 2 of 3 Construction www.casqa.org  On larger sites, a minimum of 50 ft separation from concentrated flows of stormwater, drainage courses, and inlets is recommended.  After 14 days of inactivity, a stockpile is non-active and requires further protection described below. All stockpiles are required to be protected as non-active stockpiles immediately if they are not scheduled to be used within 14 days.  Protect all stockpiles from stormwater runon using temporary perimeter sediment barriers such as compost berms (SE-13), temporary silt dikes (SE-12), fiber rolls (SE-5), silt fences (SE-1), sandbags (SE-8), gravel bags (SE-6), or biofilter bags (SE-14). Refer to the individual fact sheet for each of these controls for installation information.  Implement wind erosion control practices as appropriate on all stockpiled material. For specific information, see WE-1, Wind Erosion Control.  Manage stockpiles of contaminated soil in accordance with WM-7, Contaminated Soil Management.  Place bagged materials on pallets and under cover.  Ensure that stockpile coverings are installed securely to protect from wind and rain.  Some plastic covers withstand weather and sunlight better than others. Select cover materials or methods based on anticipated duration of use. Protection of Non-Active Stockpiles A stockpile is considered non-active if it either is not used for 14 days or if it is scheduled not to be used for 14 days or more. Stockpiles need to be protected immediately if they are not scheduled to be used within 14 days. Non-active stockpiles of the identified materials should be protected as follows: Soil stockpiles  Soil stockpiles should be covered or protected with soil stabilization measures and a temporary perimeter sediment barrier at all times.  Temporary vegetation should be considered for topsoil piles that will be stockpiled for extended periods. Stockpiles of Portland cement concrete rubble, asphalt concrete, asphalt concrete rubble, aggregate base, or aggregate sub base  Stockpiles should be covered and protected with a temporary perimeter sediment barrier at all times. Stockpiles of “cold mix”  Cold mix stockpiles should be placed on and covered with plastic sheeting or comparable material at all times and surrounded by a berm. Stockpiles of fly ash, stucco, hydrated lime Stockpile Management WM-3 July 2012 California Stormwater BMP Handbook 3 of 3 Construction www.casqa.org  Stockpiles of materials that may raise the pH of runoff (i.e., basic materials) should be covered with plastic and surrounded by a berm. Stockpiles/Storage of wood (Pressure treated with chromated copper arsenate or ammoniacal copper zinc arsenate  Treated wood should be covered with plastic sheeting or comparable material at all times and surrounded by a berm. Protection of Active Stockpiles A stockpile is active when it is being used or is scheduled to be used within 14 days of the previous use. Active stockpiles of the identified materials should be protected as follows:  All stockpiles should be covered and protected with a temporary linear sediment barrier prior to the onset of precipitation.  Stockpiles of “cold mix” and treated wood, and basic materials should be placed on and covered with plastic sheeting or comparable material and surrounded by a berm prior to the onset of precipitation.  The downstream perimeter of an active stockpile should be protected with a linear sediment barrier or berm and runoff should be diverted around or away from the stockpile on the upstream perimeter. Costs For cost information associated with stockpile protection refer to the individual erosion or sediment control BMP fact sheet considered for implementation (For example, refer to SE-1 Silt Fence for installation of silt fence around the perimeter of a stockpile.) Inspection and Maintenance  Stockpiles must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  It may be necessary to inspect stockpiles covered with plastic sheeting more frequently during certain conditions (for example, high winds or extreme heat).  Repair and/or replace perimeter controls and covers as needed to keep them functioning properly.  Sediment shall be removed when it reaches one-third of the barrier height. References Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Spill Prevention and Control WM-4 January 2011 California Stormwater BMP Handbook 1 of 6 Construction www.casqa.org Description and Purpose Prevent or reduce the discharge of pollutants to drainage systems or watercourses from leaks and spills by reducing the chance for spills, stopping the source of spills, containing and cleaning up spills, properly disposing of spill materials, and training employees. This best management practice covers only spill prevention and control. However, WM-1, Materials Delivery and Storage, and WM-2, Material Use, also contain useful information, particularly on spill prevention. For information on wastes, see the waste management BMPs in this section. Suitable Applications This BMP is suitable for all construction projects. Spill control procedures are implemented anytime chemicals or hazardous substances are stored on the construction site, including the following materials:  Soil stabilizers/binders  Dust palliatives  Herbicides  Growth inhibitors  Fertilizers  Deicing/anti-icing chemicals Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control  Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment  Nutrients  Trash  Metals  Bacteria Oil and Grease  Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Spill Prevention and Control WM-4 January 2011 California Stormwater BMP Handbook 2 of 6 Construction www.casqa.org  Fuels  Lubricants  Other petroleum distillates Limitations  In some cases it may be necessary to use a private spill cleanup company.  This BMP applies to spills caused by the contractor and subcontractors.  Procedures and practices presented in this BMP are general. Contractor should identify appropriate practices for the specific materials used or stored onsite Implementation The following steps will help reduce the stormwater impacts of leaks and spills: Education  Be aware that different materials pollute in different amounts. Make sure that each employee knows what a “significant spill” is for each material they use, and what is the appropriate response for “significant” and “insignificant” spills.  Educate employees and subcontractors on potential dangers to humans and the environment from spills and leaks.  Hold regular meetings to discuss and reinforce appropriate disposal procedures (incorporate into regular safety meetings).  Establish a continuing education program to indoctrinate new employees.  Have contractor’s superintendent or representative oversee and enforce proper spill prevention and control measures. General Measures  To the extent that the work can be accomplished safely, spills of oil, petroleum products, substances listed under 40 CFR parts 110,117, and 302, and sanitary and septic wastes should be contained and cleaned up immediately.  Store hazardous materials and wastes in covered containers and protect from vandalism.  Place a stockpile of spill cleanup materials where it will be readily accessible.  Train employees in spill prevention and cleanup.  Designate responsible individuals to oversee and enforce control measures.  Spills should be covered and protected from stormwater runon during rainfall to the extent that it doesn’t compromise clean up activities.  Do not bury or wash spills with water. Spill Prevention and Control WM-4 January 2011 California Stormwater BMP Handbook 3 of 6 Construction www.casqa.org  Store and dispose of used clean up materials, contaminated materials, and recovered spill material that is no longer suitable for the intended purpose in conformance with the provisions in applicable BMPs.  Do not allow water used for cleaning and decontamination to enter storm drains or watercourses. Collect and dispose of contaminated water in accordance with WM-10, Liquid Waste Management.  Contain water overflow or minor water spillage and do not allow it to discharge into drainage facilities or watercourses.  Place proper storage, cleanup, and spill reporting instructions for hazardous materials stored or used on the project site in an open, conspicuous, and accessible location.  Keep waste storage areas clean, well organized, and equipped with ample cleanup supplies as appropriate for the materials being stored. Perimeter controls, containment structures, covers, and liners should be repaired or replaced as needed to maintain proper function. Cleanup  Clean up leaks and spills immediately.  Use a rag for small spills on paved surfaces, a damp mop for general cleanup, and absorbent material for larger spills. If the spilled material is hazardous, then the used cleanup materials are also hazardous and must be sent to either a certified laundry (rags) or disposed of as hazardous waste.  Never hose down or bury dry material spills. Clean up as much of the material as possible and dispose of properly. See the waste management BMPs in this section for specific information. Minor Spills  Minor spills typically involve small quantities of oil, gasoline, paint, etc. which can be controlled by the first responder at the discovery of the spill.  Use absorbent materials on small spills rather than hosing down or burying the spill.  Absorbent materials should be promptly removed and disposed of properly.  Follow the practice below for a minor spill: ­ Contain the spread of the spill. ­ Recover spilled materials. ­ Clean the contaminated area and properly dispose of contaminated materials. Semi-Significant Spills  Semi-significant spills still can be controlled by the first responder along with the aid of other personnel such as laborers and the foreman, etc. This response may require the cessation of all other activities. Spill Prevention and Control WM-4 January 2011 California Stormwater BMP Handbook 4 of 6 Construction www.casqa.org  Spills should be cleaned up immediately: ­ Contain spread of the spill. ­ Notify the project foreman immediately. ­ If the spill occurs on paved or impermeable surfaces, clean up using "dry" methods (absorbent materials, cat litter and/or rags). Contain the spill by encircling with absorbent materials and do not let the spill spread widely. ­ If the spill occurs in dirt areas, immediately contain the spill by constructing an earthen dike. Dig up and properly dispose of contaminated soil. ­ If the spill occurs during rain, cover spill with tarps or other material to prevent contaminating runoff. Significant/Hazardous Spills  For significant or hazardous spills that cannot be controlled by personnel in the immediate vicinity, the following steps should be taken: ­ Notify the local emergency response by dialing 911. In addition to 911, the contractor will notify the proper county officials. It is the contractor's responsibility to have all emergency phone numbers at the construction site. ­ Notify the Governor's Office of Emergency Services Warning Center, (916) 845-8911. ­ For spills of federal reportable quantities, in conformance with the requirements in 40 CFR parts 110,119, and 302, the contractor should notify the National Response Center at (800) 424-8802. ­ Notification should first be made by telephone and followed up with a written report. ­ The services of a spills contractor or a Haz-Mat team should be obtained immediately. Construction personnel should not attempt to clean up until the appropriate and qualified staffs have arrived at the job site. ­ Other agencies which may need to be consulted include, but are not limited to, the Fire Department, the Public Works Department, the Coast Guard, the Highway Patrol, the City/County Police Department, Department of Toxic Substances, California Division of Oil and Gas, Cal/OSHA, etc. Reporting  Report significant spills to local agencies, such as the Fire Department; they can assist in cleanup.  Federal regulations require that any significant oil spill into a water body or onto an adjoining shoreline be reported to the National Response Center (NRC) at 800-424-8802 (24 hours). Use the following measures related to specific activities: Spill Prevention and Control WM-4 January 2011 California Stormwater BMP Handbook 5 of 6 Construction www.casqa.org Vehicle and Equipment Maintenance  If maintenance must occur onsite, use a designated area and a secondary containment, located away from drainage courses, to prevent the runon of stormwater and the runoff of spills.  Regularly inspect onsite vehicles and equipment for leaks and repair immediately  Check incoming vehicles and equipment (including delivery trucks, and employee and subcontractor vehicles) for leaking oil and fluids. Do not allow leaking vehicles or equipment onsite.  Always use secondary containment, such as a drain pan or drop cloth, to catch spills or leaks when removing or changing fluids.  Place drip pans or absorbent materials under paving equipment when not in use.  Use absorbent materials on small spills rather than hosing down or burying the spill. Remove the absorbent materials promptly and dispose of properly.  Promptly transfer used fluids to the proper waste or recycling drums. Don’t leave full drip pans or other open containers lying around  Oil filters disposed of in trashcans or dumpsters can leak oil and pollute stormwater. Place the oil filter in a funnel over a waste oil-recycling drum to drain excess oil before disposal. Oil filters can also be recycled. Ask the oil supplier or recycler about recycling oil filters.  Store cracked batteries in a non-leaking secondary container. Do this with all cracked batteries even if you think all the acid has drained out. If you drop a battery, treat it as if it is cracked. Put it into the containment area until you are sure it is not leaking. Vehicle and Equipment Fueling  If fueling must occur onsite, use designate areas, located away from drainage courses, to prevent the runon of stormwater and the runoff of spills.  Discourage “topping off” of fuel tanks.  Always use secondary containment, such as a drain pan, when fueling to catch spills/ leaks. Costs Prevention of leaks and spills is inexpensive. Treatment and/ or disposal of contaminated soil or water can be quite expensive. Inspection and Maintenance  Inspect and verify that activity–based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events. Spill Prevention and Control WM-4 January 2011 California Stormwater BMP Handbook 6 of 6 Construction www.casqa.org  Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges occur.  Keep ample supplies of spill control and cleanup materials onsite, near storage, unloading, and maintenance areas.  Update your spill prevention and control plan and stock cleanup materials as changes occur in the types of chemicals onsite. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Stormwater Management for Construction Activities; Developing Pollution Prevention Plans and Best Management Practice, EPA 832-R-92005; USEPA, April 1992. Solid Waste Management WM-5 January 2011 California Stormwater BMP Handbook 1 of 4 Construction www.casqa.org Description and Purpose Solid waste management procedures and practices are designed to prevent or reduce the discharge of pollutants to stormwater from solid or construction waste by providing designated waste collection areas and containers, arranging for regular disposal, and training employees and subcontractors. Suitable Applications This BMP is suitable for construction sites where the following wastes are generated or stored:  Solid waste generated from trees and shrubs removed during land clearing, demolition of existing structures (rubble), and building construction  Packaging materials including wood, paper, and plastic  Scrap or surplus building materials including scrap metals, rubber, plastic, glass pieces, and masonry products  Domestic wastes including food containers such as beverage cans, coffee cups, paper bags, plastic wrappers, and cigarettes  Construction wastes including brick, mortar, timber, steel and metal scraps, pipe and electrical cuttings, non- hazardous equipment parts, styrofoam and other materials used to transport and package construction materials Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control  Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment  Nutrients  Trash  Metals  Bacteria Oil and Grease  Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Solid Waste Management WM-5 January 2011 California Stormwater BMP Handbook 2 of 4 Construction www.casqa.org  Highway planting wastes, including vegetative material, plant containers, and packaging materials Limitations Temporary stockpiling of certain construction wastes may not necessitate stringent drainage related controls during the non-rainy season or in desert areas with low rainfall. Implementation The following steps will help keep a clean site and reduce stormwater pollution:  Select designated waste collection areas onsite.  Inform trash-hauling contractors that you will accept only watertight dumpsters for onsite use. Inspect dumpsters for leaks and repair any dumpster that is not watertight.  Locate containers in a covered area or in a secondary containment.  Provide an adequate number of containers with lids or covers that can be placed over the container to keep rain out or to prevent loss of wastes when it is windy.  Cover waste containers at the end of each work day and when it is raining.  Plan for additional containers and more frequent pickup during the demolition phase of construction.  Collect site trash daily, especially during rainy and windy conditions.  Remove this solid waste promptly since erosion and sediment control devices tend to collect litter.  Make sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acids, pesticides, additives, curing compounds) are not disposed of in dumpsters designated for construction debris.  Do not hose out dumpsters on the construction site. Leave dumpster cleaning to the trash hauling contractor.  Arrange for regular waste collection before containers overflow.  Clean up immediately if a container does spill.  Make sure that construction waste is collected, removed, and disposed of only at authorized disposal areas. Education  Have the contractor’s superintendent or representative oversee and enforce proper solid waste management procedures and practices.  Instruct employees and subcontractors on identification of solid waste and hazardous waste.  Educate employees and subcontractors on solid waste storage and disposal procedures. Solid Waste Management WM-5 January 2011 California Stormwater BMP Handbook 3 of 4 Construction www.casqa.org  Hold regular meetings to discuss and reinforce disposal procedures (incorporate into regular safety meetings).  Require that employees and subcontractors follow solid waste handling and storage procedures.  Prohibit littering by employees, subcontractors, and visitors.  Minimize production of solid waste materials wherever possible. Collection, Storage, and Disposal  Littering on the project site should be prohibited.  To prevent clogging of the storm drainage system, litter and debris removal from drainage grates, trash racks, and ditch lines should be a priority.  Trash receptacles should be provided in the contractor’s yard, field trailer areas, and at locations where workers congregate for lunch and break periods.  Litter from work areas within the construction limits of the project site should be collected and placed in watertight dumpsters at least weekly, regardless of whether the litter was generated by the contractor, the public, or others. Collected litter and debris should not be placed in or next to drain inlets, stormwater drainage systems, or watercourses.  Dumpsters of sufficient size and number should be provided to contain the solid waste generated by the project.  Full dumpsters should be removed from the project site and the contents should be disposed of by the trash hauling contractor.  Construction debris and waste should be removed from the site biweekly or more frequently as needed.  Construction material visible to the public should be stored or stacked in an orderly manner.  Stormwater runon should be prevented from contacting stored solid waste through the use of berms, dikes, or other temporary diversion structures or through the use of measures to elevate waste from site surfaces.  Solid waste storage areas should be located at least 50 ft from drainage facilities and watercourses and should not be located in areas prone to flooding or ponding.  Except during fair weather, construction and highway planting waste not stored in watertight dumpsters should be securely covered from wind and rain by covering the waste with tarps or plastic.  Segregate potentially hazardous waste from non-hazardous construction site waste.  Make sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acids, pesticides, additives, curing compounds) are not disposed of in dumpsters designated for construction debris. Solid Waste Management WM-5 January 2011 California Stormwater BMP Handbook 4 of 4 Construction www.casqa.org  For disposal of hazardous waste, see WM-6, Hazardous Waste Management. Have hazardous waste hauled to an appropriate disposal and/or recycling facility.  Salvage or recycle useful vegetation debris, packaging and surplus building materials when practical. For example, trees and shrubs from land clearing can be used as a brush barrier, or converted into wood chips, then used as mulch on graded areas. Wood pallets, cardboard boxes, and construction scraps can also be recycled. Costs All of the above are low cost measures. Inspection and Maintenance  Inspect and verify that activity–based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges occur  Inspect construction waste area regularly.  Arrange for regular waste collection. References Processes, Procedures and Methods to Control Pollution Resulting from All Construction Activity, 430/9-73-007, USEPA, 1973. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Stormwater Management for Construction Activities; Developing Pollution Prevention Plans and Best Management Practice, EPA 832-R-92005; USEPA, April 1992. Hazardous Waste Management WM-6 January 2011 California Stormwater BMP Handbook 1 of 6 Construction www.casqa.org Description and Purpose Prevent or reduce the discharge of pollutants to stormwater from hazardous waste through proper material use, waste disposal, and training of employees and subcontractors. Suitable Applications This best management practice (BMP) applies to all construction projects. Hazardous waste management practices are implemented on construction projects that generate waste from the use of: Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control  Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment Nutrients  Trash  Metals  Bacteria  Oil and Grease  Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. ­ Petroleum Products ­ Asphalt Products ­ Concrete Curing Compounds ­ Pesticides ­ Palliatives ­ Acids ­ Septic Wastes ­ Paints ­ Stains ­ Solvents ­ Wood Preservatives ­ Roofing Tar ­ Any materials deemed a hazardous waste in California, Title 22 Division 4.5, or listed in 40 CFR Parts 110, 117, 261, or 302 Hazardous Waste Management WM-6 January 2011 California Stormwater BMP Handbook 2 of 6 Construction www.casqa.org In addition, sites with existing structures may contain wastes, which must be disposed of in accordance with federal, state, and local regulations. These wastes include:  Sandblasting grit mixed with lead-, cadmium-, or chromium-based paints  Asbestos  PCBs (particularly in older transformers) Limitations  Hazardous waste that cannot be reused or recycled must be disposed of by a licensed hazardous waste hauler.  Nothing in this BMP relieves the contractor from responsibility for compliance with federal, state, and local laws regarding storage, handling, transportation, and disposal of hazardous wastes.  This BMP does not cover aerially deposited lead (ADL) soils. For ADL soils refer to WM-7, Contaminated Soil Management. Implementation The following steps will help reduce stormwater pollution from hazardous wastes: Material Use  Wastes should be stored in sealed containers constructed of a suitable material and should be labeled as required by Title 22 CCR, Division 4.5 and 49 CFR Parts 172, 173, 178, and 179.  All hazardous waste should be stored, transported, and disposed as required in Title 22 CCR, Division 4.5 and 49 CFR 261-263.  Waste containers should be stored in temporary containment facilities that should comply with the following requirements: ­ Temporary containment facility should provide for a spill containment volume equal to 1.5 times the volume of all containers able to contain precipitation from a 25 year storm event, plus the greater of 10% of the aggregate volume of all containers or 100% of the capacity of the largest tank within its boundary, whichever is greater. ­ Temporary containment facility should be impervious to the materials stored there for a minimum contact time of 72 hours. ­ Temporary containment facilities should be maintained free of accumulated rainwater and spills. In the event of spills or leaks, accumulated rainwater and spills should be placed into drums after each rainfall. These liquids should be handled as a hazardous waste unless testing determines them to be non-hazardous. Non-hazardous liquids should be sent to an approved disposal site. ­ Sufficient separation should be provided between stored containers to allow for spill cleanup and emergency response access. Hazardous Waste Management WM-6 January 2011 California Stormwater BMP Handbook 3 of 6 Construction www.casqa.org ­ Incompatible materials, such as chlorine and ammonia, should not be stored in the same temporary containment facility. ­ Throughout the rainy season, temporary containment facilities should be covered during non-working days, and prior to rain events. Covered facilities may include use of plastic tarps for small facilities or constructed roofs with overhangs.  Drums should not be overfilled and wastes should not be mixed.  Unless watertight, containers of dry waste should be stored on pallets.  Do not over-apply herbicides and pesticides. Prepare only the amount needed. Follow the recommended usage instructions. Over application is expensive and environmentally harmful. Apply surface dressings in several smaller applications, as opposed to one large application. Allow time for infiltration and avoid excess material being carried offsite by runoff. Do not apply these chemicals just before it rains. People applying pesticides must be certified in accordance with federal and state regulations.  Paint brushes and equipment for water and oil based paints should be cleaned within a contained area and should not be allowed to contaminate site soils, watercourses, or drainage systems. Waste paints, thinners, solvents, residues, and sludges that cannot be recycled or reused should be disposed of as hazardous waste. When thoroughly dry, latex paint and paint cans, used brushes, rags, absorbent materials, and drop cloths should be disposed of as solid waste.  Do not clean out brushes or rinse paint containers into the dirt, street, gutter, storm drain, or stream. “Paint out” brushes as much as possible. Rinse water-based paints to the sanitary sewer. Filter and reuse thinners and solvents. Dispose of excess oil-based paints and sludge as hazardous waste.  The following actions should be taken with respect to temporary contaminant: ­ Ensure that adequate hazardous waste storage volume is available. ­ Ensure that hazardous waste collection containers are conveniently located. ­ Designate hazardous waste storage areas onsite away from storm drains or watercourses and away from moving vehicles and equipment to prevent accidental spills. ­ Minimize production or generation of hazardous materials and hazardous waste on the job site. ­ Use containment berms in fueling and maintenance areas and where the potential for spills is high. ­ Segregate potentially hazardous waste from non-hazardous construction site debris. ­ Keep liquid or semi-liquid hazardous waste in appropriate containers (closed drums or similar) and under cover. Hazardous Waste Management WM-6 January 2011 California Stormwater BMP Handbook 4 of 6 Construction www.casqa.org ­ Clearly label all hazardous waste containers with the waste being stored and the date of accumulation. ­ Place hazardous waste containers in secondary containment. ­ Do not allow potentially hazardous waste materials to accumulate on the ground. ­ Do not mix wastes. ­ Use all of the product before disposing of the container. ­ Do not remove the original product label; it contains important safety and disposal information. Waste Recycling Disposal  Select designated hazardous waste collection areas onsite.  Hazardous materials and wastes should be stored in covered containers and protected from vandalism.  Place hazardous waste containers in secondary containment.  Do not mix wastes, this can cause chemical reactions, making recycling impossible and complicating disposal.  Recycle any useful materials such as used oil or water-based paint.  Make sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acids, pesticides, additives, curing compounds) are not disposed of in dumpsters designated for construction debris.  Arrange for regular waste collection before containers overflow.  Make sure that hazardous waste (e.g., excess oil-based paint and sludge) is collected, removed, and disposed of only at authorized disposal areas. Disposal Procedures  Waste should be disposed of by a licensed hazardous waste transporter at an authorized and licensed disposal facility or recycling facility utilizing properly completed Uniform Hazardous Waste Manifest forms.  A Department of Health Services certified laboratory should sample waste to determine the appropriate disposal facility.  Properly dispose of rainwater in secondary containment that may have mixed with hazardous waste.  Attention is directed to "Hazardous Material", "Contaminated Material", and "Aerially Deposited Lead" of the contract documents regarding the handling and disposal of hazardous materials. Hazardous Waste Management WM-6 January 2011 California Stormwater BMP Handbook 5 of 6 Construction www.casqa.org Education  Educate employees and subcontractors on hazardous waste storage and disposal procedures.  Educate employees and subcontractors on potential dangers to humans and the environment from hazardous wastes.  Instruct employees and subcontractors on safety procedures for common construction site hazardous wastes.  Instruct employees and subcontractors in identification of hazardous and solid waste.  Hold regular meetings to discuss and reinforce hazardous waste management procedures (incorporate into regular safety meetings).  The contractor’s superintendent or representative should oversee and enforce proper hazardous waste management procedures and practices.  Make sure that hazardous waste is collected, removed, and disposed of only at authorized disposal areas.  Warning signs should be placed in areas recently treated with chemicals.  Place a stockpile of spill cleanup materials where it will be readily accessible.  If a container does spill, clean up immediately. Costs All of the above are low cost measures. Inspection and Maintenance  Inspect and verify that activity–based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events..  Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges occur  Hazardous waste should be regularly collected.  A foreman or construction supervisor should monitor onsite hazardous waste storage and disposal procedures.  Waste storage areas should be kept clean, well organized, and equipped with ample cleanup supplies as appropriate for the materials being stored.  Perimeter controls, containment structures, covers, and liners should be repaired or replaced as needed to maintain proper function. Hazardous Waste Management WM-6 January 2011 California Stormwater BMP Handbook 6 of 6 Construction www.casqa.org  Hazardous spills should be cleaned up and reported in conformance with the applicable Material Safety Data Sheet (MSDS) and the instructions posted at the project site.  The National Response Center, at (800) 424-8802, should be notified of spills of federal reportable quantities in conformance with the requirements in 40 CFR parts 110, 117, and 302. Also notify the Governors Office of Emergency Services Warning Center at (916) 845- 8911.  A copy of the hazardous waste manifests should be provided. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Processes, Procedures and Methods to Control Pollution Resulting from All Construction Activity, 430/9-73-007, USEPA, 1973. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Stormwater Management for Construction Activities; Developing Pollution Prevention Plans and Best Management Practice, EPA 832-R-92005; USEPA, April 1992. Contaminated Soil Management WM-7 January 2011 California Stormwater BMP Handbook 1 of 5 Construction www.casqa.org Description and Purpose Prevent or reduce the discharge of pollutants to stormwater from contaminated soil and highly acidic or alkaline soils by conducting pre-construction surveys, inspecting excavations regularly, and remediating contaminated soil promptly. Suitable Applications Contaminated soil management is implemented on construction projects in highly urbanized or industrial areas where soil contamination may have occurred due to spills, illicit discharges, aerial deposition, past use and leaks from underground storage tanks. Limitations Contaminated soils that cannot be treated onsite must be disposed of offsite by a licensed hazardous waste hauler. The presence of contaminated soil may indicate contaminated water as well. See NS-2, Dewatering Operations, for more information. The procedures and practices presented in this BMP are general. The contractor should identify appropriate practices and procedures for the specific contaminants known to exist or discovered onsite. Implementation Most owners and developers conduct pre-construction environmental assessments as a matter of routine. Contaminated soils are often identified during project planning and development with known locations identified in the plans, specifications and in the SWPPP. The contractor should review applicable reports and investigate appropriate call-outs in the Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control  Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment Nutrients  Trash  Metals  Bacteria  Oil and Grease  Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Contaminated Soil Management WM-7 January 2011 California Stormwater BMP Handbook 2 of 5 Construction www.casqa.org plans, specifications, and SWPPP. Recent court rulings holding contractors liable for cleanup costs when they unknowingly move contaminated soil highlight the need for contractors to confirm a site assessment is completed before earth moving begins. The following steps will help reduce stormwater pollution from contaminated soil:  Conduct thorough, pre-construction inspections of the site and review documents related to the site. If inspection or reviews indicated presence of contaminated soils, develop a plan before starting work.  Look for contaminated soil as evidenced by discoloration, odors, differences in soil properties, abandoned underground tanks or pipes, or buried debris.  Prevent leaks and spills. Contaminated soil can be expensive to treat and dispose of properly. However, addressing the problem before construction is much less expensive than after the structures are in place.  The contractor may further identify contaminated soils by investigating: ­ Past site uses and activities ­ Detected or undetected spills and leaks ­ Acid or alkaline solutions from exposed soil or rock formations high in acid or alkaline forming elements ­ Contaminated soil as evidenced by discoloration, odors, differences in soil properties, abandoned underground tanks or pipes, or buried debris. ­ Suspected soils should be tested at a certified laboratory. Education  Have employees and subcontractors complete a safety training program which meets 29 CFR 1910.120 and 8 CCR 5192 covering the potential hazards as identified, prior to performing any excavation work at the locations containing material classified as hazardous.  Educate employees and subcontractors in identification of contaminated soil and on contaminated soil handling and disposal procedures.  Hold regular meetings to discuss and reinforce disposal procedures (incorporate into regular safety meetings). Handling Procedures for Material with Aerially Deposited Lead (ADL)  Materials from areas designated as containing (ADL) may, if allowed by the contract special provisions, be excavated, transported, and used in the construction of embankments and/or backfill.  Excavation, transportation, and placement operations should result in no visible dust.  Caution should be exercised to prevent spillage of lead containing material during transport. Contaminated Soil Management WM-7 January 2011 California Stormwater BMP Handbook 3 of 5 Construction www.casqa.org  Quality should be monitored during excavation of soils contaminated with lead. Handling Procedures for Contaminated Soils  Minimize onsite storage. Contaminated soil should be disposed of properly in accordance with all applicable regulations. All hazardous waste storage will comply with the requirements in Title 22, CCR, Sections 66265.250 to 66265.260.  Test suspected soils at an approved certified laboratory.  Work with the local regulatory agencies to develop options for treatment or disposal if the soil is contaminated.  Avoid temporary stockpiling of contaminated soils or hazardous material.  Take the following precautions if temporary stockpiling is necessary: ­ Cover the stockpile with plastic sheeting or tarps. ­ Install a berm around the stockpile to prevent runoff from leaving the area. ­ Do not stockpile in or near storm drains or watercourses.  Remove contaminated material and hazardous material on exteriors of transport vehicles and place either into the current transport vehicle or into the excavation prior to the vehicle leaving the exclusion zone.  Monitor the air quality continuously during excavation operations at all locations containing hazardous material.  Procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, including registration for transporting vehicles carrying the contaminated material and the hazardous material.  Collect water from decontamination procedures and treat or dispose of it at an appropriate disposal site.  Collect non-reusable protective equipment, once used by any personnel, and dispose of at an appropriate disposal site.  Install temporary security fence to surround and secure the exclusion zone. Remove fencing when no longer needed.  Excavate, transport, and dispose of contaminated material and hazardous material in accordance with the rules and regulations of the following agencies (the specifications of these agencies supersede the procedures outlined in this BMP): ­ United States Department of Transportation (USDOT) ­ United States Environmental Protection Agency (USEPA) ­ California Environmental Protection Agency (CAL-EPA) Contaminated Soil Management WM-7 January 2011 California Stormwater BMP Handbook 4 of 5 Construction www.casqa.org ­ California Division of Occupation Safety and Health Administration (CAL-OSHA) ­ Local regulatory agencies Procedures for Underground Storage Tank Removals  Prior to commencing tank removal operations, obtain the required underground storage tank removal permits and approval from the federal, state, and local agencies that have jurisdiction over such work.  To determine if it contains hazardous substances, arrange to have tested, any liquid or sludge found in the underground tank prior to its removal.  Following the tank removal, take soil samples beneath the excavated tank and perform analysis as required by the local agency representative(s).  The underground storage tank, any liquid or sludge found within the tank, and all contaminated substances and hazardous substances removed during the tank removal and transported to disposal facilities permitted to accept such waste. Water Control  All necessary precautions and preventive measures should be taken to prevent the flow of water, including ground water, from mixing with hazardous substances or underground storage tank excavations. Such preventative measures may consist of, but are not limited to, berms, cofferdams, grout curtains, freeze walls, and seal course concrete or any combination thereof.  If water does enter an excavation and becomes contaminated, such water, when necessary to proceed with the work, should be discharged to clean, closed top, watertight transportable holding tanks, treated, and disposed of in accordance with federal, state, and local laws. Costs Prevention of leaks and spills is inexpensive. Treatment or disposal of contaminated soil can be quite expensive. Inspection and Maintenance  Inspect and verify that activity–based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect BMPs in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Arrange for contractor’s Water Pollution Control Manager, foreman, and/or construction supervisor to monitor onsite contaminated soil storage and disposal procedures.  Monitor air quality continuously during excavation operations at all locations containing hazardous material.  Coordinate contaminated soils and hazardous substances/waste management with the appropriate federal, state, and local agencies. Contaminated Soil Management WM-7 January 2011 California Stormwater BMP Handbook 5 of 5 Construction www.casqa.org  Implement WM-4, Spill Prevention and Control, to prevent leaks and spills as much as possible. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Processes, Procedures and Methods to Control Pollution Resulting from All Construction Activity, 430/9-73-007, USEPA, 1973. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. Stormwater Management for Construction Activities; Developing Pollution Prevention Plans and Best Management Practice, EPA 832-R-92005; USEPA, April 1992. Concrete Waste Management WM-8 July 2012 California Stormwater BMP Handbook 1 of 7 Construction www.casqa.org Description and Purpose Prevent the discharge of pollutants to stormwater from concrete waste by conducting washout onsite or offsite in a designated area, and by employee and subcontractor training. The General Permit incorporates Numeric Action Levels (NAL) for pH (see Section 2 of this handbook to determine your project’s risk level and if you are subject to these requirements). Many types of construction materials, including mortar, concrete, stucco, cement and block and their associated wastes have basic chemical properties that can raise pH levels outside of the permitted range. Additional care should be taken when managing these materials to prevent them from coming into contact with stormwater flows and raising pH to levels outside the accepted range. Suitable Applications Concrete waste management procedures and practices are implemented on construction projects where:  Concrete is used as a construction material or where concrete dust and debris result from demolition activities.  Slurries containing portland cement concrete (PCC) are generated, such as from saw cutting, coring, grinding, grooving, and hydro-concrete demolition.  Concrete trucks and other concrete-coated equipment are washed onsite. Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control  WM Waste Management and Materials Pollution Control  Legend:  Primary Category  Secondary Category Targeted Constituents Sediment  Nutrients Trash Metals  Bacteria Oil and Grease Organics Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Concrete Waste Management WM-8 July 2012 California Stormwater BMP Handbook 2 of 7 Construction www.casqa.org  Mortar-mixing stations exist.  Stucco mixing and spraying.  See also NS-8, Vehicle and Equipment Cleaning. Limitations  Offsite washout of concrete wastes may not always be possible.  Multiple washouts may be needed to assure adequate capacity and to allow for evaporation. Implementation The following steps will help reduce stormwater pollution from concrete wastes:  Incorporate requirements for concrete waste management into material supplier and subcontractor agreements.  Store dry and wet materials under cover, away from drainage areas. Refer to WM-1, Material Delivery and Storage for more information.  Avoid mixing excess amounts of concrete.  Perform washout of concrete trucks in designated areas only, where washout will not reach stormwater.  Do not wash out concrete trucks into storm drains, open ditches, streets, streams or onto the ground. Trucks should always be washed out into designated facilities.  Do not allow excess concrete to be dumped onsite, except in designated areas.  For onsite washout: ­ On larger sites, it is recommended to locate washout areas at least 50 feet from storm drains, open ditches, or water bodies. Do not allow runoff from this area by constructing a temporary pit or bermed area large enough for liquid and solid waste. ­ Washout wastes into the temporary washout where the concrete can set, be broken up, and then disposed properly. ­ Washouts shall be implemented in a manner that prevents leaching to underlying soils. Washout containers must be water tight and washouts on or in the ground must be lined with a suitable impervious liner, typically a plastic type material.  Do not wash sweepings from exposed aggregate concrete into the street or storm drain. Collect and return sweepings to aggregate base stockpile or dispose in the trash.  See typical concrete washout installation details at the end of this fact sheet. Education  Educate employees, subcontractors, and suppliers on the concrete waste management techniques described herein. Concrete Waste Management WM-8 July 2012 California Stormwater BMP Handbook 3 of 7 Construction www.casqa.org  Arrange for contractor’s superintendent or representative to oversee and enforce concrete waste management procedures.  Discuss the concrete management techniques described in this BMP (such as handling of concrete waste and washout) with the ready-mix concrete supplier before any deliveries are made. Concrete Demolition Wastes  Stockpile concrete demolition waste in accordance with BMP WM-3, Stockpile Management.  Dispose of or recycle hardened concrete waste in accordance with applicable federal, state or local regulations. Concrete Slurry Wastes  PCC and AC waste should not be allowed to enter storm drains or watercourses.  PCC and AC waste should be collected and disposed of or placed in a temporary concrete washout facility (as described in Onsite Temporary Concrete Washout Facility, Concrete Transit Truck Washout Procedures, below).  A foreman or construction supervisor should monitor onsite concrete working tasks, such as saw cutting, coring, grinding and grooving to ensure proper methods are implemented.  Saw-cut concrete slurry should not be allowed to enter storm drains or watercourses. Residue from grinding operations should be picked up by means of a vacuum attachment to the grinding machine or by sweeping. Saw cutting residue should not be allowed to flow across the pavement and should not be left on the surface of the pavement. See also NS-3, Paving and Grinding Operations; and WM-10, Liquid Waste Management.  Concrete slurry residue should be disposed in a temporary washout facility (as described in Onsite Temporary Concrete Washout Facility, Concrete Transit Truck Washout Procedures, below) and allowed to dry. Dispose of dry slurry residue in accordance with WM-5, Solid Waste Management. Onsite Temporary Concrete Washout Facility, Transit Truck Washout Procedures  Temporary concrete washout facilities should be located a minimum of 50 ft from storm drain inlets, open drainage facilities, and watercourses. Each facility should be located away from construction traffic or access areas to prevent disturbance or tracking.  A sign should be installed adjacent to each washout facility to inform concrete equipment operators to utilize the proper facilities.  Temporary concrete washout facilities should be constructed above grade or below grade at the option of the contractor. Temporary concrete washout facilities should be constructed and maintained in sufficient quantity and size to contain all liquid and concrete waste generated by washout operations. Concrete Waste Management WM-8 July 2012 California Stormwater BMP Handbook 4 of 7 Construction www.casqa.org  Temporary washout facilities should have a temporary pit or bermed areas of sufficient volume to completely contain all liquid and waste concrete materials generated during washout procedures.  Temporary washout facilities should be lined to prevent discharge to the underlying ground or surrounding area.  Washout of concrete trucks should be performed in designated areas only.  Only concrete from mixer truck chutes should be washed into concrete wash out.  Concrete washout from concrete pumper bins can be washed into concrete pumper trucks and discharged into designated washout area or properly disposed of or recycled offsite.  Once concrete wastes are washed into the designated area and allowed to harden, the concrete should be broken up, removed, and disposed of per WM-5, Solid Waste Management. Dispose of or recycle hardened concrete on a regular basis.  Temporary Concrete Washout Facility (Type Above Grade) ­ Temporary concrete washout facility (type above grade) should be constructed as shown on the details at the end of this BMP, with a recommended minimum length and minimum width of 10 ft; however, smaller sites or jobs may only need a smaller washout facility. With any washout, always maintain a sufficient quantity and volume to contain all liquid and concrete waste generated by washout operations. ­ Materials used to construct the washout area should conform to the provisions detailed in their respective BMPs (e.g., SE-8 Sandbag Barrier). ­ Plastic lining material should be a minimum of 10 mil in polyethylene sheeting and should be free of holes, tears, or other defects that compromise the impermeability of the material. ­ Alternatively, portable removable containers can be used as above grade concrete washouts. Also called a “roll-off”; this concrete washout facility should be properly sealed to prevent leakage, and should be removed from the site and replaced when the container reaches 75% capacity.  Temporary Concrete Washout Facility (Type Below Grade) ­ Temporary concrete washout facilities (type below grade) should be constructed as shown on the details at the end of this BMP, with a recommended minimum length and minimum width of 10 ft. The quantity and volume should be sufficient to contain all liquid and concrete waste generated by washout operations. ­ Lath and flagging should be commercial type. ­ Plastic lining material should be a minimum of 10 mil polyethylene sheeting and should be free of holes, tears, or other defects that compromise the impermeability of the material. Concrete Waste Management WM-8 July 2012 California Stormwater BMP Handbook 5 of 7 Construction www.casqa.org ­ The base of a washout facility should be free of rock or debris that may damage a plastic liner. Removal of Temporary Concrete Washout Facilities  When temporary concrete washout facilities are no longer required for the work, the hardened concrete should be removed and properly disposed or recycled in accordance with federal, state or local regulations. Materials used to construct temporary concrete washout facilities should be removed from the site of the work and properly disposed or recycled in accordance with federal, state or local regulations..  Holes, depressions or other ground disturbance caused by the removal of the temporary concrete washout facilities should be backfilled and repaired. Costs All of the above are low cost measures. Roll-0ff concrete washout facilities can be more costly than other measures due to removal and replacement; however, provide a cleaner alternative to traditional washouts. The type of washout facility, size, and availability of materials will determine the cost of the washout. Inspection and Maintenance  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Temporary concrete washout facilities should be maintained to provide adequate holding capacity with a minimum freeboard of 4 in. for above grade facilities and 12 in. for below grade facilities. Maintaining temporary concrete washout facilities should include removing and disposing of hardened concrete and returning the facilities to a functional condition. Hardened concrete materials should be removed and properly disposed or recycled in accordance with federal, state or local regulations.  Washout facilities must be cleaned, or new facilities must be constructed and ready for use once the washout is 75% full.  Inspect washout facilities for damage (e.g. torn liner, evidence of leaks, signage, etc.). Repair all identified damage. References Blueprint for a Clean Bay: Best Management Practices to Prevent Stormwater Pollution from Construction Related Activities; Santa Clara Valley Nonpoint Source Pollution Control Program, 1995. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000, Updated March 2003. Stormwater Management for Construction Activities; Developing Pollution Prevention Plans and Best Management Practice, EPA 832-R-92005; USEPA, April 1992. Concrete Waste Management WM-8 July 2012 California Stormwater BMP Handbook 6 of 7 Construction www.casqa.org Concrete Waste Management WM-8 July 2012 California Stormwater BMP Handbook 7 of 7 Construction www.casqa.org Sanitary/Septic Waste Management WM-9 November 2009 California Stormwater BMP Handbook 1 of 3 Construction www.casqa.org Description and Purpose Proper sanitary and septic waste management prevent the discharge of pollutants to stormwater from sanitary and septic waste by providing convenient, well-maintained facilities, and arranging for regular service and disposal. Suitable Applications Sanitary septic waste management practices are suitable for use at all construction sites that use temporary or portable sanitary and septic waste systems. Limitations None identified. Implementation Sanitary or septic wastes should be treated or disposed of in accordance with state and local requirements. In many cases, one contract with a local facility supplier will be all that it takes to make sure sanitary wastes are properly disposed. Storage and Disposal Procedures  Temporary sanitary facilities should be located away from drainage facilities, watercourses, and from traffic circulation. If site conditions allow, place portable facilities a minimum of 50 feet from drainage conveyances and traffic areas. When subjected to high winds or risk of high winds, temporary sanitary facilities should be secured to prevent overturning. Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control  Legend:  Primary Category  Secondary Category Targeted Constituents Sediment Nutrients  Trash  Metals Bacteria  Oil and Grease Organics  Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Sanitary/Septic Waste Management WM-9 November 2009 California Stormwater BMP Handbook 2 of 3 Construction www.casqa.org  Temporary sanitary facilities must be equipped with containment to prevent discharge of pollutants to the stormwater drainage system of the receiving water.  Consider safety as well as environmental implications before placing temporary sanitary facilities.  Wastewater should not be discharged or buried within the project site.  Sanitary and septic systems that discharge directly into sanitary sewer systems, where permissible, should comply with the local health agency, city, county, and sewer district requirements.  Only reputable, licensed sanitary and septic waste haulers should be used.  Sanitary facilities should be located in a convenient location.  Temporary septic systems should treat wastes to appropriate levels before discharging.  If using an onsite disposal system (OSDS), such as a septic system, local health agency requirements must be followed.  Temporary sanitary facilities that discharge to the sanitary sewer system should be properly connected to avoid illicit discharges.  Sanitary and septic facilities should be maintained in good working order by a licensed service.  Regular waste collection by a licensed hauler should be arranged before facilities overflow.  If a spill does occur from a temporary sanitary facility, follow federal, state and local regulations for containment and clean-up. Education  Educate employees, subcontractors, and suppliers on sanitary and septic waste storage and disposal procedures.  Educate employees, subcontractors, and suppliers of potential dangers to humans and the environment from sanitary and septic wastes.  Instruct employees, subcontractors, and suppliers in identification of sanitary and septic waste.  Hold regular meetings to discuss and reinforce the use of sanitary facilities (incorporate into regular safety meetings).  Establish a continuing education program to indoctrinate new employees. Costs All of the above are low cost measures. Sanitary/Septic Waste Management WM-9 November 2009 California Stormwater BMP Handbook 3 of 3 Construction www.casqa.org Inspection and Maintenance  BMPs must be inspected in accordance with General Permit requirements for the associated project type and risk level. It is recommended that at a minimum, BMPs be inspected weekly, prior to forecasted rain events, daily during extended rain events, and after the conclusion of rain events.  Arrange for regular waste collection.  If high winds are expected, portable sanitary facilities must be secured with spikes or weighed down to prevent over turning.  If spills or leaks from sanitary or septic facilities occur that are not contained and discharge from the site, non-visible sampling of site discharge may be required. Refer to the General Permit or to your project specific Construction Site Monitoring Plan to determine if and where sampling is required. References Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), March 2003. Stormwater Management for Construction Activities; Developing Pollution Prevention Plans and Best Management Practice, EPA 832-R-92005; USEPA, April 1992. Liquid Waste Management WM-10 November 2009 California Stormwater BMP Handbook 1 of 4 Construction www.casqa.org Description and Purpose Liquid waste management includes procedures and practices to prevent discharge of pollutants to the storm drain system or to watercourses as a result of the creation, collection, and disposal of non-hazardous liquid wastes. Suitable Applications Liquid waste management is applicable to construction projects that generate any of the following non-hazardous by-products, residuals, or wastes:  Drilling slurries and drilling fluids  Grease-free and oil-free wastewater and rinse water  Dredgings  Other non-stormwater liquid discharges not permitted by separate permits Limitations  Disposal of some liquid wastes may be subject to specific laws and regulations or to requirements of other permits secured for the construction project (e.g., NPDES permits, Army Corps permits, Coastal Commission permits, etc.).  Liquid waste management does not apply to dewatering operations (NS-2 Dewatering Operations), solid waste management (WM-5, Solid Waste Management), hazardous wastes (WM-6, Hazardous Waste Management), or Categories EC Erosion Control SE Sediment Control TC Tracking Control WE Wind Erosion Control NS Non-Stormwater Management Control WM Waste Management and Materials Pollution Control  Legend:  Primary Objective  Secondary Objective Targeted Constituents Sediment  Nutrients  Trash  Metals  Bacteria Oil and Grease  Organics Potential Alternatives None If User/Subscriber modifies this fact sheet in any way, the CASQA name/logo and footer below must be removed from each page and not appear on the modified version. Liquid Waste Management WM-10 November 2009 California Stormwater BMP Handbook 2 of 4 Construction www.casqa.org concrete slurry residue (WM-8, Concrete Waste Management).  Typical permitted non-stormwater discharges can include: water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; flows from riparian habitats and wetlands; and discharges or flows from emergency fire fighting activities. Implementation General Practices  Instruct employees and subcontractors how to safely differentiate between non-hazardous liquid waste and potential or known hazardous liquid waste.  Instruct employees, subcontractors, and suppliers that it is unacceptable for any liquid waste to enter any storm drainage device, waterway, or receiving water.  Educate employees and subcontractors on liquid waste generating activities and liquid waste storage and disposal procedures.  Hold regular meetings to discuss and reinforce disposal procedures (incorporate into regular safety meetings).  Verify which non-stormwater discharges are permitted by the statewide NPDES permit; different regions might have different requirements not outlined in this permit.  Apply NS-8, Vehicle and Equipment Cleaning for managing wash water and rinse water from vehicle and equipment cleaning operations. Containing Liquid Wastes  Drilling residue and drilling fluids should not be allowed to enter storm drains and watercourses and should be disposed of.  If an appropriate location is available, drilling residue and drilling fluids that are exempt under Title 23, CCR § 2511(g) may be dried by infiltration and evaporation in a containment facility constructed in conformance with the provisions concerning the Temporary Concrete Washout Facilities detailed in WM-8, Concrete Waste Management.  Liquid wastes generated as part of an operational procedure, such as water-laden dredged material and drilling mud, should be contained and not allowed to flow into drainage channels or receiving waters prior to treatment.  Liquid wastes should be contained in a controlled area such as a holding pit, sediment basin, roll-off bin, or portable tank.  Containment devices must be structurally sound and leak free.  Containment devices must be of sufficient quantity or volume to completely contain the liquid wastes generated. Liquid Waste Management WM-10 November 2009 California Stormwater BMP Handbook 3 of 4 Construction www.casqa.org  Precautions should be taken to avoid spills or accidental releases of contained liquid wastes. Apply the education measures and spill response procedures outlined in WM-4, Spill Prevention and Control.  Containment areas or devices should not be located where accidental release of the contained liquid can threaten health or safety or discharge to water bodies, channels, or storm drains. Capturing Liquid Wastes  Capture all liquid wastes that have the potential to affect the storm drainage system (such as wash water and rinse water from cleaning walls or pavement), before they run off a surface.  Do not allow liquid wastes to flow or discharge uncontrolled. Use temporary dikes or berms to intercept flows and direct them to a containment area or device for capture.  Use a sediment trap (SE-3, Sediment Trap) for capturing and treating sediment laden liquid waste or capture in a containment device and allow sediment to settle. Disposing of Liquid Wastes  A typical method to handle liquid waste is to dewater the contained liquid waste, using procedures such as described in NS-2, Dewatering Operations, and SE-2, Sediment Basin, and dispose of resulting solids per WM-5, Solid Waste Management.  Methods of disposal for some liquid wastes may be prescribed in Water Quality Reports, NPDES permits, Environmental Impact Reports, 401 or 404 permits, and local agency discharge permits, etc. Review the SWPPP to see if disposal methods are identified.  Liquid wastes, such as from dredged material, may require testing and certification whether it is hazardous or not before a disposal method can be determined.  For disposal of hazardous waste, see WM-6, Hazardous Waste Management.  If necessary, further treat liquid wastes prior to disposal. Treatment may include, though is not limited to, sedimentation, filtration, and chemical neutralization. Costs Prevention costs for liquid waste management are minimal. Costs increase if cleanup or fines are involved. Inspection and Maintenance  Inspect and verify that activity–based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect weekly during the rainy season and of two-week intervals in the non-rainy season to verify continued BMP implementation.  Inspect BMPs subject to non-stormwater discharge daily while non-stormwater discharges occur. Liquid Waste Management WM-10 November 2009 California Stormwater BMP Handbook 4 of 4 Construction www.casqa.org  Remove deposited solids in containment areas and capturing devices as needed and at the completion of the task. Dispose of any solids as described in WM-5, Solid Waste Management.  Inspect containment areas and capturing devices and repair as needed. References Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of California Department of Transportation (Caltrans), November 2000. CASQA SWPPP Template 92 January 2014 CASQA SWPPP Template 93 January 2014 Appendix I: BMP Inspection Form CASQA SWPPP Template 94 January 2014 CASQA SWPPP Template 95 January 2014 BMP INSPECTION REPORT Date and Time of Inspection: Date Report Written: Inspection Type: (Circle one) Weekly Complete Parts I,II,III and VII Pre-Storm Complete Parts I,II,III,IV and VII During Rain Event Complete Parts I, II, III, V, and VII Post-Storm Complete Parts I,II,III,VI and VII Part I. General Information Site Information Construction Site Name: Construction stage and completed activities: Approximate area of site that is exposed: Photos Taken: (Circle one) Yes No Photo Reference IDs: Weather Estimate storm beginning: (date and time) Estimate storm duration: (hours) Estimate time since last storm: (days or hours) Rain gauge reading and location: (in) Is a “Qualifying Event” predicted or did one occur (i.e., 0.5” rain with 48-hrs or greater between events)? (Y/N) If yes, summarize forecast: Exemption Documentation (explanation required if inspection could not be conducted). Visual inspections are not required outside of business hours or during dangerous weather conditions such as flooding or electrical storms. Inspector Information Inspector Name: Inspector Title: Signature: Date: CASQA SWPPP Template 96 January 2014 Part II. BMP Observations. Describe deficiencies in Part III. Minimum BMPs for Risk Level _____ Sites Failures or other short comings (yes, no, N/A) Action Required (yes/no) Action Implemented (Date) Good Housekeeping for Construction Materials Inventory of products (excluding materials designed to be outdoors) Stockpiled construction materials not actively in use are covered and bermed All chemicals are stored in watertight containers with appropriate secondary containment, or in a completely enclosed storage shed Construction materials are minimally exposed to precipitation BMPs preventing the off-site tracking of materials are implemented and properly effective Good Housekeeping for Waste Management Wash/rinse water and materials are prevented from being disposed into the storm drain system Portable toilets are contained to prevent discharges of waste Sanitation facilities are clean and with no apparent for leaks and spills Equipment is in place to cover waste disposal containers at the end of business day and during rain events Discharges from waste disposal containers are prevented from discharging to the storm drain system / receiving water Stockpiled waste material is securely protected from wind and rain if not actively in use Procedures are in place for addressing hazardous and non- hazardous spills Appropriate spill response personnel are assigned and trained Equipment and materials for cleanup of spills is available onsite Washout areas (e.g., concrete) are contained appropriately to prevent discharge or infiltration into the underlying soil Good Housekeeping for Vehicle Storage and Maintenance Measures are in place to prevent oil, grease, or fuel from leaking into the ground, storm drains, or surface waters All equipment or vehicles are fueled, maintained, and stored in a designated area with appropriate BMPs Vehicle and equipment leaks are cleaned immediately and disposed of properly CASQA SWPPP Template 97 January 2014 Part II. BMP Observations Continued. Describe deficiencies in Part III. Minimum BMPs for Risk Level _____ Sites Adequately designed, implemented and effective (yes, no, N/A) Action Required (yes/no) Action Implemented (Date) Good Housekeeping for Landscape Materials Stockpiled landscape materials such as mulches and topsoil are contained and covered when not actively in use Erodible landscape material has not been applied 2 days before a forecasted rain event or during an event Erodible landscape materials are applied at quantities and rates in accordance with manufacturer recommendations Bagged erodible landscape materials are stored on pallets and covered Good Housekeeping for Air Deposition of Site Materials Good housekeeping measures are implemented onsite to control the air deposition of site materials and from site operations Non-Stormwater Management Non-Stormwater discharges are properly controlled Vehicles are washed in a manner to prevent non-stormwater discharges to surface waters or drainage systems Streets are cleaned in a manner to prevent unauthorized non- stormwater discharges to surface waters or drainage systems. Erosion Controls Wind erosion controls are effectively implemented Effective soil cover is provided for disturbed areas inactive (i.e., not scheduled to be disturbed for 14 days) as well as finished slopes, open space, utility backfill, and completed lots The use of plastic materials is limited in cases when a more sustainable, environmentally friendly alternative exists. Sediment Controls Perimeter controls are established and effective at controlling erosion and sediment discharges from the site Entrances and exits are stabilized to control erosion and sediment discharges from the site Sediment basins are properly maintained Linear sediment control along toe of slope, face of slope an at grade breaks (Risk Level 2 & 3 Only) Limit construction activity to and from site to entrances and exits that employ effective controls to prevent offsite tracking (Risk Level 2 & 3 Only) CASQA SWPPP Template 98 January 2014 Ensure all storm, drain inlets and perimeter controls, runoff control BMPs and pollutants controls at entrances and exits are maintained and protected from activities the reduce their effectiveness (Risk Level 2 & 3 Only) Inspect all immediate access roads daily (Risk Level 2 & 3 Only) Run-On and Run-Off Controls Run-on to the site is effectively managed and directed away from all disturbed areas. Other Are the project SWPPP and BMP plan up to date, available on-site and being properly implemented? Part III. Descriptions of BMP Deficiencies Deficiency Repairs Implemented: Note - Repairs must begin within 72 hours of identification and, complete repairs as soon as possible. Start Date Action 1. 2. 3. 4. Part IV. Additional Pre-Storm Observations. Note the presence or absence of floating and suspended materials, sheen, discoloration, turbidity, odors, and source(s) of pollutants(s). Yes, No, N/A Do stormwater storage and containment areas have adequate freeboard? If no, complete Part III. Are drainage areas free of spills, leaks, or uncontrolled pollutant sources? If no, complete Part VII and describe below. Notes: Are stormwater storage and containment areas free of leaks? If no, complete Parts III and/or VII and describe below. CASQA SWPPP Template 99 January 2014 Notes: Part V. Additional During Storm Observations. If BMPs cannot be inspected during inclement weather, list the results of visual inspections at all relevant outfalls, discharge points, and downstream locations. Note odors or visible sheen on the surface of discharges. Complete Part VII (Corrective Actions) as needed. Outfall, Discharge Point, or Other Downstream Location Location Description Location Description Location Description Location Description Location Description Location Description Location Description Location Description CASQA SWPPP Template 100 January 2014 Part VI. Additional Post-Storm Observations. Visually observe (inspect) stormwater discharges at all discharge locations within two business days (48 hours) after each qualifying rain event, and observe (inspect) the discharge of stored or contained stormwater that is derived from and discharged subsequent to a qualifying rain event producing precipitation of ½ inch or more at the time of discharge. Complete Part VII (Corrective Actions) as needed. Discharge Location, Storage or Containment Area Visual Observation Part VII. Additional Corrective Actions Required. Identify additional corrective actions not included with BMP Deficiencies (Part III) above. Note if SWPPP change is required. Required Actions Implementation Date CASQA SWPPP Template 101 January 2014 Appendix J: Project Specific Rain Event Action Plan Template CASQA SWPPP Template 102 January 2014 CASQA SWPPP Template 103 July 2012 Rain Event Action Plan (REAP) Date of REAP BWDID Number: Date Rain Predicted to Occur: Predicted % chance of rain: CASQA SWPPP Template 104 July 2012 Predicted Rain Event Triggered Actions Below is a list of suggested actions and items to review for this project. Each active Trade should check all material storage areas, stockpiles, waste management areas, vehicle and equipment storage and maintenance, areas of active soil disturbance, and areas of active work to ensure the proper implementation of BMPs. Project-wide BMPs should be checked and cross- referenced to the BMP progress map. Trade or Activity Suggested action(s) to perform / item(s) to review prior to rain event  Information & Scheduling  Inform trade supervisors of predicted rain  Check scheduled activities and reschedule as needed  Alert erosion/sediment control provider  Alert sample collection contractor (if applicable)  Schedule staff for extended rain inspections  Check Erosion and Sediment Control (ESC) material stock  Review BMP progress map  Other:___________________________________  ________________________________________  ________________________________________  Material storage areas  Material under cover or in sheds (ex: treated woods and metals)  Perimeter control around stockpiles  Other:___________________________________  ________________________________________  __________________________________  Waste management areas  Dumpsters closed  Drain holes plugged  Recycling bins covered  Sanitary stations bermed and protected from tipping  Other:___________________________________  ________________________________________  ________________________________________  Trade operations  Exterior operations shut down for event (e.g., no concrete pours or paving)  Soil treatments (e.g., fertilizer) ceased within 24 hours of event  Materials and equipment (e.g., tools) properly stored and covered  Waste and debris disposed in covered dumpsters or removed from site  Trenches and excavations protected  Perimeter controls around disturbed areas  Fueling and repair areas covered and bermed  Other:___________________________________  ________________________________________  __________________________________  Site ESC BMPs  Adequate capacity in sediment basins and traps  Site perimeter controls in place  Catch basin and drop inlet protection in place and cleaned  Temporary erosion controls deployed  Temporary perimeter controls deployed around disturbed areas and stockpiles  Roads swept; site ingress and egress points stabilized  Other:___________________________________  ________________________________________  __________________________________  Concrete rinse out area  Adequate capacity for rain  Wash-out bins covered  Other:___________________________________  ________________________________________  __________________________________  Spill and drips  All incident spills and drips, including paint, stucco, fuel, and oil cleaned  Drip pans emptied  Other:___________________________________  ________________________________________  __________________________________ Continued on next page.  Other / Discussion / Diagrams  ________________________________________  ________________________________________  ________________________________________ CASQA SWPPP Template 105 July 2012  ________________________________________  ________________________________________  ________________________________________  ________________________________________  ________________________________________  ________________________________________  ________________________________________  ________________________________________  ________________________________________  ________________________________________ Attach a printout of the weather forecast from the NOAA website to the REAP. I certify under penalty of law that this Rain Event Action Plan (REAP) will be performed in accordance with the General Permit by me or under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. ______________________________________________________Date: __________________________ Qualified SWPPP Practitioner (Use ink please) CASQA SWPPP Template 106 July 2012 Appendix K: Training Reporting Form CASQA SWPPP Template 107 July 2012 Trained Contractor Personnel Log Stormwater Management Training Log and Documentation Project Name: WDID #: Stormwater Management Topic: (check as appropriate) Erosion Control Sediment Control Wind Erosion Control Tracking Control Non-Stormwater Management Waste Management and Materials Pollution Control Stormwater Sampling Specific Training Objective: Location: Date: _ Instructor: Telephone: Course Length (hours): Attendee Roster (Attach additional forms if necessary) Name Company Phone As needed, add proof of external training (e.g., course completion certificates, credentials for QSP, QSD). CASQA SWPPP Template 108 July 2012 Appendix L: Responsible Parties CASQA SWPPP Template 109 July 2012 OPTIONAL Authorization of Approved Signatories Project Name: WDID #: Name of Personnel Project Role Company Signature Date ____________________________ ______________________________ LRP’s Signature Date ____________________________ ______________________________ LRP Name and Title Telephone Number CASQA SWPPP Template 110 July 2012 Identification of QSP Project Name: WDID #: The following are QSPs associated with this project Name of Personnel(1) Company Date (1) If additional QSPs are required on the job site add additional lines and include information here CASQA SWPPP Template 111 July 2012 Authorization of Data Submitters Project Name: WDID #: Name of Personnel Project Role Company Signature Date ___________________________ ______________________________ Approved Signatory’s Signature Date ____________________________ ______________________________ Approved Signatory Telephone Number Name and Title CASQA SWPPP Template 112 July 2012 Appendix M: Contractors and Subcontractors CASQA SWPPP Template 113 July 2012 Appendix N: Construction General Permit CASQA SWPPP Template 114 July 2012 INSTRUCTIONS  Include a copy of the General Permit, or reference permanent location of General Permit that is kept on the construction site.