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No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
<br /> 5-1.13 PROJECT INFORMATION
<br /> The information in this section has been compiled specifically for this project and is made available for bidders and
<br /> Contractors. Other information referenced in the Standard Specifications and these special provisions do not appear in this
<br /> section. The information is subject to the conditions and limitations set forth in Section 2-1.03, "Examination of Plans,
<br /> Specifications,Contract,and Site of Work,"and Section 6-2, "Local Materials,"of the Standard Specifications. Bidders and
<br /> Contractors shall be responsible for knowing the procedures for obtaining information.
<br /> Information included in the Information Handout provided to bidders and Contractors is as follows:
<br /> A. Installation Details for State-Furnished Battery Backup System.
<br /> Cross sections are not available for this project.
<br /> 5-1.14 SOUND CONTROL REQUIREMENTS
<br /> Sound control shall conform to the provisions in Section 7-1.01I, "Sound Control Requirements," of the Standard
<br /> Specifications and these special provisions.
<br /> The noise level from the Contractor's operations,between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 86 dBa
<br /> at a distance of 15 m. This requirement shall not relieve the Contractor from responsibility for complying with local
<br /> ordinances regulating noise level.
<br /> The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to
<br /> trucks,transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals
<br /> shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
<br /> Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid
<br /> for the various contract items of work involved and no additional compensation will be allowed therefor.
<br /> 5-1.15 RELATIONS WITH CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
<br /> This project lies within the boundaries of the Central Regional Water Quality Control Board(RWQCB).
<br /> The Contractor shall know and comply with provisions of Federal, State, and local regulations and requirements that
<br /> govern the Contractor's operations and storm water and non-storm water discharges from the project site and areas of
<br /> disturbance outside the project limits during construction. Attention is directed to Sections 7-1.01, "Laws to be Observed,"
<br /> 7-1.11, "Preservation of Property,"and 7-1.12, "Indemnification and Insurance,"of the Standard Specifications.
<br /> The Contractor shall be responsible for penalties assessed on the Contractor or the Department as a result of the
<br /> Contractor's failure to comply with the provisions in "Water Pollution Control" of these special provisions or with the
<br /> applicable provisions of the Federal,State,and local regulations and requirements.
<br /> Penalties as used in this section shall include fines,penalties,and damages,whether proposed,assessed,or levied against
<br /> the Department or the Contractor, including those levied under the Federal Clean Water Act and the State Porter-Cologne
<br /> Water Quality Control Act, by governmental agencies or as a result of citizen suits. Penalties shall also include payments
<br /> made or costs incurred in settlement for alleged violations of applicable laws, regulations, or requirements. Costs incurred
<br /> could include sums spent instead of penalties,in mitigation or to remediate or correct violations.
<br /> WITHHOLDS
<br /> The Department will withhold money due the Contractor, in an amount determined by the Department, up to and
<br /> including the entire amount of penalties proposed, assessed, or levied as a result of the Contractor's violation of the permits,
<br /> or Federal or State law, regulations, or requirements. Funds will be withheld by the Department until final disposition of
<br /> penalties has been made. The Contractor shall remain liable for the full amount of penalties until they are finally resolved
<br /> with the entity seeking the penalties. _
<br /> If a regulatory agency identifies a failure to comply with the permits and modifications thereto,or other Federal,State,or
<br /> local requirements,the Department will withhold money due the Contractor, subject to the following:
<br /> A. The Department will give the Contractor 30 days notice of the Department's intention to withhold funds from
<br /> payments which may become due to the Contractor before acceptance of the contract. Funds withheld after
<br /> acceptance of the contract will be made without prior notice to the Contractor.
<br /> B. No withholds of additional amounts out of payments will be made if the amount to be withheld does not exceed the
<br /> amount being withheld from partial payments in accordance with Section 9-1.06, "Partial Payments," of the
<br /> Standard Specifications.
<br /> C. If the Department has withheld funds, and it is subsequently determined that the State is not subject to the entire
<br /> amount of the costs and liabilities assessed or proposed in connection with the matter for which the withhold was
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