Fence Contractor Agreement Example - PowerPoint

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					GPS Survey
March 2006


             1
     Survey Control Points
GPS versus Total Station/Data Collector
GPS = State Plane Coordinates
Total Station = Ground Coordinates
State Plane Conversion Factor
Example Plan Sheet




                                          2
3
     Survey Control Points
OPUS: Online Positioning User Service
– Basis of Survey Datum
– 4 Hour Observation
Minimum of 3 CORS: Continuously
Operating Reference Stations
PDOP: Percent Dilution of Precision
– Error Due to Satellite Configuration
– PDOP No Higher Than 6, Prefer 5

                                         4
Dilution of Precision




                        5
NDGPS Towers




               6
NDGPS Towers




               7
     GPS Data Collection
Check Acceptable PDOP
Do NOT Use GPS “Calibration”
Use GPS Orientation “Initialization”
Do NOT use “Continuous ” Data Collection
Set At Each Point For a Set Time (10
Seconds) Set Number of Shots (10 Shots)
Check and Use Correct Antenna Type and
Height
                                       8
9
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            Guidance
Chapter 19 – Consultant Survey
www.state.nd.us/dot/manuals/
surveymanual/surveyphotomanual.html
CADD Standards – Electronic Field Book
Codes
www.state.nd.us/dot/caddmanual4.html



                                         12
OFE – Old Fashioned Engineering
Use Control Points
 – Cannot Tie Into USGS Benchmarks
Tie Into Known Points
Use Applicable Coordinate System for
Survey Methods
Plot and Review Data



                                       13
Erosion and Sediment Control
   Policies and Practices

          March, 2006


                               14
Federal Laws and Regulations
Clean Water Act (CWA). Designed to protect our nations
water resources. Identified point source and non-point
source pollution prevention regulations.
 – 1987 amendments to CWA , Phase I, to address polluted
   discharges from storm sewers (non-point). Erosion and
   sediment control
 – March 2003, Phase II implemented, included all areas identified
   as an Urban Area by the Census Bureau base on the latest
   census.

The EPA is the lead regulatory agency.
 – EPA is the permitting agency on Native American Reservations.
 – The NPDES program is administered statewide by the North
   Dakota Department of Health (NDDOH).


                                                               15
       What is the goal of
 erosion and sediment control?
Stop erosion from occurring (mats, blankets,
maintain vegetative cover)
When erosion occurs, incorporate sediment
control measures to prevent transport of
material. (silt fence, straw wattles, ditch checks)
Prevent sediment from leaving the project limits.
Contain within NDDOT right-of-way.
Protect all water bodies (wetlands, streams,
lakes, etc).

                                                  16
What has been done to address
 storm water issues within the
          NDDOT?
 Revised Standard Specifications and Drawings,
 additional environmental guidance available in the
 Design Manual.
 Revised permit process
 – Memorandum of Agreement with NDDOH
 – Decision Document (NDDOT)
 Developed an Erosion and Sediment Control
 Handbook.
 Provide educational opportunities for NDDOT staff,
 consultants, and contractors.
 Review new materials being used nationwide.
                                                      17
         NDDOT
  Standard Specifications
Section 110 –
Environmental
Protection

Section 708 – Erosion
Control

Section 709 – Geotextile
Fabrics

Section 856 – Soil
Retention Blankets


                            18
NDDOT Standard Specifications
 110.03 – Preconstruction Conference.
  – “The contractor shall submit in writing, for acceptance at the preconstruction
    conference or before starting work on the construction, a temporary erosion and
    pollution control plan.”
 110.04 – Operational Controls
  – “Where a work area is adjacent to a live stream or lake, or runoff water from the
    work area enters a live stream or lake, the Contractor shell erect barriers or
    provide sediment basins to prevent direct runoff from reaching the live stream or
    lake.”
 110.05 – Erosion Controls
  – …”The Contractor shall incorporate all permanent erosion control features into
    the Project at the earliest practical time as outlined in the accepted Plan.”
 110.06 – Method of Measurement and Payment.
  – “Should the Contractor fail to control erosion, pollution, and siltation, the
    Engineer will employ outside assistance or state force to do the work. The direct
    costs, overhead costs, and engineering costs incurred under these condition will
    be deducted from payments due the Contractor for work done on the Contract.




                                                                                     19
2005 Construction Site Review
Prior to earth moving activities erosion and sediment control
measures must be in place.
 – This means at locations where stormwater may leave NDDOT right-of-
   way (streams, lakes, wetlands, Waters of the State as defined by the
   permit. This does not include ESCM’s that are not to be implemented
   until after the initial earth work is performed (silt fence, straw wattles,
   etc.).
Contractor is responsible for inspecting and maintaining ESCM’s
during construction phase of project
If you are the prime contractor and have subcontracted out the
stormwater portion of the project, you are still responsible for
inspecting and maintaining ESCM’s, if the sub cannot perform the
duties (time frame) as defined by the permit. “Not my job” will not be
an acceptable excuse.
Topsoil is to be stockpiled, not used as a haul road.
24 hours to inspect ESCM’s after a .5 inch rain event or within 24
hours. This is a permit requirement!


                                                                                 20
                2005 Construction
                Site Review cont.
Debris left behind after active construction must be removed
immediately.
 – Appendix 2 of the ND Construction Permit –House Keeping and
   Operational Procedures
       Concrete curing compound left along site for multiple days.
Those areas with a continuous positive slope within 200 lineal feet
of a surface water, temporary erosion protection or permanent cover
must be applied within 21 days of completing or ceasing earth
moving activities.
Wetted perimeters must be stabilized within 200 lineal feet from the
property edge, or from the point of discharge to any surface water.
Stabilization should be completed within 24 hours of connecting to a
surface water.
Stage Construction – If 10 miles of road is disturbed than 10 miles
worth of ESCM’s must be incorporated, inspected and maintained.



                                                                     21
                2005 Construction
                Site Review cont.
It appears that specifications and permit provisions could be better
enforced.

 – Inspections and reporting as defined in the permit.
 – Maintenance as defined by the permit
       Sediment Terraces in ditch bottoms

       Sediment not removed from water bodies resulting from deposition

 – Specifications
       Spec. 110.05 – “When a suspension of work is ordered or when operations
       on the project are suspended for the winter, the Contractor shall take all
       action necessary to control erosion, pollution and runoff during the shutdown
       period before the Department accepts responsibility for maintenance.”

       Grading is being performed for entire length of project at one time. See
       Spec. 110.05 for the limits of disturbance relating to clearing and grubbing.



                                                                                       22
 Memorandum of Agreement
between NDDOT and NDDOH.
– No signature required on permits from the NDDOT.
  NDDOT is the owner and ultimately liable.
– Identifies contractors as the responsible parties for
  obtaining and ensuring permit compliance as defined
  in the permit.
– Rainfall waiver for eastern 1/3 of state to allow
  consistent stabilization and permit closure.
– Waiver for non-contiguous projects over 1 acre.
– NDDOH can reactivate a permit (in whole or in part)
  for a period of three years after final stabilization, if a
  stabilization method other than 70% pre-existing
  vegetative cover is selected.
                                                            23
                                              Revised Stormwater
                                               Special Provisions
                              NORTH DAKOTA
                       DEPARTMENT OF TRANSPORTATION                                                                        NORTH DAKOTA
                                                                                                                    DEPARTMENT OF TRANSPORTATION
                                 SPECIAL PROVISION
                                                                                                                              SPECIAL PROVISION
          GENERAL PERMIT FOR STORM WATER DISCHARGES FROM
                      CONSTRUCTION ACTIVITIES                                                              AUTHORIZATION TO DISCHARGE UNDER THE
                            November 2005                                                           NORTH DAKOTA POLLUTANT DISCHARGE ELIMINATION SYSTEM
                                                                                                                       November 2005
This project requires that a General Permit for Storm Water Discharges
(Permit) be obtained from the Environmental Protection Agency, Region                        This project requires that the contractor obtain an “Authorization to Discharge Under
8. An application package detailing the steps necessary to obtain the permit,                the North Dakota Pollutant Discharge Elimination System” Permit (Permit) from the
all necessary forms, and the requirements which need to be met to satisfy                    North Dakota Department of Health. An application package detailing the steps
the permit may be acquired by contacting the Environmental Protection                        necessary to obtain the permit, all necessary forms, and the requirements which
Agency, Region 8 at:                                                                         need to be met to satisfy the permit may be acquired by contacting the North Dakota
                                                                                             Department of Health at:
          –      Region 8 Storm Water Coordinator                                                                 North Dakota Department of Health
                 U.S. Environmental Protection Agency, (8EPR-EP)                                                  Division of Water Quality
                 999 18th Street, Suite 300                                                                       1200 Missouri Avenue, Room 203
                 Denver, CO 80202-2466                                                                            P.O. Box 5520
                                                                                                                  Bismarck, ND 58506-5520
                 1-800-227-8917 ext. 6082                                                                         Telephone: 701-328-5210

The forms and requirements outlined in the package are also available on the                 The forms and requirements contained in the package are also available on the
        worldwide web at:                                                                    internet at:
http://www.epa.gov/region08/water/stormwater/downloads.html                                          http://www.health.state.nd.us/wq/Storm/Construction/ConstructionHome.htm

It is mandatory that the contractor fulfill all requirements as directed by the              It is mandatory that the contractor fulfill all requirements as directed by the North
Environmental Protection Agency, Region 8. The contractor will furnish a copy of the         Dakota Department of Health. The contractor will furnish a copy of the completed
completed application package and, once obtained, the Permit to the engineer.                application package and, once obtained, the Permit to the engineer.

If, upon written final acceptance of the project by the NDDOT, the project area has          If, upon written final acceptance of the project by the NDDOT, the project area has
not met the requirements necessary to file a Notice of Termination in accordance             not met the requirements necessary to file a Notice of Termination in accordance
with Section V.5, “Termination of Coverage” of the Permit, the contractor will fulfill the   with Section I.H, “Notice of Termination (NOT)” of the Permit, the contractor will fulfill
requirements outlined in Section VI.3, “Reporting Requirements – Permit Transfers”           the requirements outlined in Section I.G, “Transfer of Ownership or Control” of the
of the Permit. The Permit will be transferred to the applicable NDDOT district.              Permit. Ownership and control will be transferred to the applicable NDDOT district.




                                                                                                                                                                                     24
          NDDOT Stormwater
          Decision Document
Purpose of the document was to address post
 construction inspection and maintenance.
– How do we achieve final stabilization?
     Methods other than the emergence and coverage by
     permanently seeded grasses.
     Modify existing practices to increase the use of
     mulch/erosion blanket, temporary and permanent seeding.
     When possible the Notice of Termination is to be part of the
     final documentation submitted before the project can be
     finalized.
– Who will be responsible for post construction
  maintenance?
     Maintenance/Districts will be responsible for post
     construction maintenance if the permit cannot be closed at
     the time of project finalization.

                                                                    25
       Construction Permit
Process Revisions and Clarifications
Design Division – selection and design of ESCM’s
Contractor develops Stormwater Pollution Prevention
Plan (SWPPP) and acquires the permit.
During construction the contractor is responsible for
insuring permit compliance.
– NDDOT is ultimately liable, since we own the project!
Contractor responsible for placement and removal of
temporary erosion control measures (if possible) and the
incorporation of permanent erosion measures as soon
as possible.
Prior to final written acceptance of the project, the permit
is either closed (contractor) or notice is sent to the
district indicating permit responsibilities are the
NDDOT’s.
Pending NDDOH approval, permit closure is issued.
                                                          26
What changes are in store for the future?

 Greater emphasis on water quality on all
 projects.
  – EPA – Native American Reservations
  – NDDOH – Statewide, except reservations
 Greater enforcement of erosion and sediment
 control measures (NDDOT, NDDOH, EPA).
 Potential monitoring of all waters leaving
 NDDOT right-of-way (TMDL).
 Greater development of educational materials.

                                                 27
     Total Maximum Daily Loads
              (TMDL)
 Establishes a limit, of a given pollutant, that can be
       introduced to a water body (lake, river, stream) in
       a 24 hour period.
              THIS INCLUDES SEDIMENT!
 90 water bodies or 163 waterbody/pollutant combinations
       for TMDL completion in the next two years.
 17 water bodies or 32 waterbody/pollutant combinations
       are scheduled to begin within the next two years
Within the next 10 years, 53% of the waters ( Types 1a,
       1b, 2) currently listed on the draft 2006 TMDL list will
       be completed.
                                                             28
Erosion and Sediment Control Handbook

 “Cookbook” of ESCM’s.
 Reference to Erosion
 Control Measures and
 Permit Information
 IS NOT A STANDARD
 SPECIFICATION OR
 STANDARD DRAWING.
 Contains information on
 design, installation, and
 maintenance on ESCM’s.
 Periodic updates will be
 performed.

                                    29
     MS4 requirements and
  responsibilities of the NDDOT.
Includes all state highways, including I-94 and I-29, that
enter or drain into identified urbanized areas including
the counties the communities are located within.
– Existing MS4 communities: Bismarck, Fargo, Grand Forks,
  Mandan, West Fargo.
– Pending MS4 communities: Dickinson, Jamestown, Minot,
  Williston
Develop and implement interaction/partnerships between
NDDOT and others (cities and states) that have received
MS4 status.
Annual reports submitted to NDDOH relating to the
progress and development of a comprehensive storm
water pollution prevention plan (SWPP).

                                                             30
Who is responsible at NDDOT for
   stormwater compliance?

               Design

            Construction

       Maintenance/Districts

  It is everyone's responsibility!
                                     31
             Design
         Responsibilities
Coordinate all MS4 activities
Design site plan for Erosion Control Measures (ECM).
Maintain partnership with the MS4 permittees to address
common issues.
Develop ECM’s for post construction runoff water quality
control.
Develop and review construction standards for onsite
erosion and sediment control.
Develop educational material and train personnel on the
review of storm water management plans and inspection
procedures.
                                                       32
            Construction
           Responsibilities
Receive and review contractor submitted erosion and pollution
control plan prior to the start of construction.
Insure proper placement of ESCM’s as indicated on NDDOT
supplied plan sheets.
Review weekly and storm runoff (> .50 in.) inspections of ESCM’s
during construction and retain with project records.
Enforcement of Standard Specification and ESCM’s.
Develop penalties for contractors failing to comply with the storm
water management plan.
Maintain inspections until contract has been finalized.
If changes are made in the field to the stormwater
pollution prevention plan, those changes must be sent to
NDDOH.

                                                                     33
    Maintenance/Districts
      Responsibilities
Responsible for overseeing compliance for insuring MS4
compliance on all NDDOT projects and properties.
If the permit cannot be closed at the time of final written acceptance
of the project, all inspection, maintenance, and reporting duties will
be the responsibility of the district until the site has achieved final
stabilization.
After the contract has been finalized the Maintenance/Districts will
be responsible for maintaining all permanent ESCM’s if necessary.
Develop and review construction standards for onsite erosion and
sediment control.
Develop penalties for contractors failing to comply with the storm
water management plan.

                                                                     34
Section 404 Permitting
     March 2006


                         35
Federal Laws and Regulations

Rivers and Harbors Act of 1899
 – Regulates construction of any bridge, dam, dike, or causeway in navigable
   waters

Federal Water Pollution Control Act, as
amended by the Clean Water Act of 1977
 – Section 404 gives regulatory authority over dredge/fill activities in waters of the
   US




                                                                                    36
What are considered waters of the
              US?
All waters currently used, or were used in the
past, to move interstate or foreign commerce
All interstate waters and wetlands
All intrastate lakes, rivers, and streams
Tributaries
Territorial seas
Adjacent wetlands (bordering, contiguous, or
neighboring)

                                                 37
What is considered a wetland?

Areas that are inundated or saturated by
surface or ground water at a frequency and
duration sufficient to support, and under
normal circumstances do support, a
prevalence of vegetation typically adapted to
life in saturated soil conditions




                                                38
           NDDOT Process
Complete wetland delineation
Request jurisdictional determination of all waters
and wetlands from USACE
Permit USACE jurisdictional waters and
wetlands
Avoid, minimize, or mitigate all wetland impacts,
including isolated wetlands protected under EO
11990


                                                 39
       Three types of permits
Nationwide permit – authorizes activities on a
nationwide basis (NW 14 authorizes linear
transportation projects with impacts less than ½
acre)
Regional (general) permit – issued on a
nationwide or regional basis for a particular
category of actions (FL - minor bridge
replacement)
Individual permit – authorizes activities on a
case by case evaluation of a specific project.
Typically issued for projects that are likely to
have more than a minimal impact on aquatic
resources                                        40
    Standard permit conditions
Minimal adverse effect on navigation
Proper maintenance
BMPs for erosion and sedimentation control
Minimal degradation of water quality
Compliance with other Federal laws and
regulations (i.e. historic properties, endangered
species, wild and scenic rivers)




                                                    41
          Permit compliance
A strength of the permit program is its strong
enforcement effort
The USACE and NDDOT (applicant) are
committed to enforcing compliance with the
terms of the permits




                                                 42
      Compliance certification
Every permittee must submit a signed
certification regarding the complete work and
any required mitigation
Signature from District certifies that the
authorized work was done in accordance with
the permit and conditions




                                                43
Who is responsible at NDDOT for
      permit compliance?

                   Design

               Construction

           Maintenance/Districts

      It is everyone's responsibility!


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