00018258 - ESB 2026 US101 Vegetation Removal_Specs~1.pdf

EXHIBIT 3

SPECIAL PROVISIONS AND SPECIFICATIONS FOR

ESB 2026 US101: MP 250.0 - MP 252.7, TREE AND VEGETATION REMOVAL

SCOPE

The work to be completed under this Contract consists of the following, located north of Beaver Hill Rd.

along the Oregon Coast Highway (US101), between MP 250.0 and MP 252.7., in Coos County OR:

1. Furnish and maintain temporary work zone traffic control.

2. Furnish material, equipment, and labor to fall trees, trim tree canopy, remove brush and vegetation, chip material and treat hardwood tree trunks with herbicide. Remove or chip foliage and debris deposited from felled trees and tree limbs and larger brush, and as directed.

3. Perform additional and incidental work as called for by the plans and specifications.

PROJECT INFORMATION

Project Manager:

Michael Shoffner, Transportation Operations & Maintenance Manager (TOMM) Oregon Department of Transportation Email: Michael.J.SHOFFNER@ODOT.Oregon.gov

APPLICABLE STANDARD SPECIFICATIONS & SPECIAL PROVISIONS

2024 OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION: The 2024 Oregon Standard Specifications for Construction (Standard Specifications) include detailed technical specifications in Parts 00200 through 03000 inclusive (Technical Specifications) that apply to this ITB and the resulting Contract.

Some sections of the Technical Specifications are identified and modified herein, Specifications. Sections of the Technical Specifications not modified remain applicable to the Contract according to their original terms. Unless they are identified herein, Specifications, sections of the Standard Specifications in Part 00100 (General Conditions) are not applicable to this Contract. Bidders can also access this information at the following Internet address:

2024 OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION

Silence of Specifications: The apparent silence of the specifications as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that the highest value commercial practices are to prevail and that only materials and workmanship of first quality are to be used.

mailto:Michael.J.SHOFFNER@ODOT.Oregon.gov

Where neither the Special Provisions nor the bid schedule indicate separate payment for the work to be completed under this Contract, perform the work as incidental for which no separate measurement or payment will be made.

SECTION 00210 – MOBILIZATION

Comply with Section 00210 of the Standard Specifications modified as follows:

Construction

00210.40 Mobilization – delete the last bullet of the bullet list. Obtaining and maintaining access to Doc Express® and using Doc Express® to submit documents will not be required on this project.

Payment

00210.90 Payment – delete the last sentence in this Subsection.

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC

Comply with Section 00220 of the Standard Specifications.

SECTION 00221 - COMMON PROVISIONS FOR WORK ZONE TRAFFIC CONTROL

Comply with Section 00221 of the Standard Specifications modified as follows:

00221.00 Scope - Add the following:

Provide work zone traffic control measures conforming to The Oregon Department of Transportation’s Temporary Traffic Control Handbook for Operations of Three Days OR Less, December 2011. Copies of this handbook can be accessed via the internet under “Publications” on the Traffic Engineering and Operations Section web site (Highway Division, Oregon Department of Transportation) at:

2011 ODOT TEMPORARY TRAFFIC CONTROL HANDBOOK (OTTCH)

00221.06 - Traffic Control Plan – Replace this Subsection, except for the Subsection number and title, with the following:

The Contractor must submit a Traffic Control Plan (TCP) and a Temporary Pedestrian Accessible Route Plan (TPAR) and obtain approval from the Oregon Department of Transportation Project Manager before work may commence on the Project.

https://www.oregon.gov/odot/Engineering/Pages/OTTCH.aspx

SECTION 00280 – EROSION & SEDIMENT CONTROL

Comply with Section 00280 of the Standard Specifications modified as follows:

00280.00 Scope - Replace the paragraph that begins "This Work also consists of providing temporary …" with the following paragraph:

This Work also consists of providing temporary erosion and sediment control (ESC) measures and furnishing, installing, moving, operating, maintaining, inspecting, and removing ESC throughout the Project area according to the Standard Drawings, the erosion and sediment control plan (ESCP), the Specifications, or as directed, until the site is permanently stabilized. Included also is the monitoring of weather, of stormwater and receiving waters, the reporting of monitoring observations, the reporting of corrective actions (when necessary) and the updates and revisions of the ESCP, including ESCP cover sheet, necessary to keep it representative of current site conditions and compliant with the 1200-CA permit if applicable.

Delete the paragraph that begins “When contaminants, pollutants or hazardous materials…”.

Add the following paragraph to the end of this Subsection:

The Agency’s NPDES 1200-CA permit is not applicable to this Project. Comply with all applicable conditions of this Section.

00280.04 Erosion and Sediment Control Plan on Agency Controlled Lands - Replace the bullet that begins “Information required under 1200-CA…” with the following bullet:

• Information required under 1200-CA permit, if applicable.

00280.06 Erosion and Sediment Control Manager - Delete this Subsection.

00280.41(f) Hauling Material – Replace this Subsection, except for the Subsection number and title, with the following:

Cover loads carrying soil or sediment which may generate dust. Haul saturated loads in watertight beds or drain saturated loads prior to leaving the Project Site.

Measurement

00280.80 Measurement – Replace this Subsection, except for the Subsection number and title, with the following:

No measurement of quantities will be made for work performed under this Section.

00280.90 Payment - Replace this Subsection, except for the Subsection number and title, with the

No separate or additional payment will be made for work performed under this Section. Payment is considered incidental to the work described and required under Section 00320.

SECTION 00290 - ENVIRONMENTAL PROTECTION

Comply with Section 00290 of the Standard Specifications modified as follows:

00290.30(a)(1) General - Replace this subsection, except for the subsection number and title, with the following:

Do not allow any foreign substances or objects to enter waters of the State and U.S. that exceed regulated or permit limits.

Do not cause turbidity in waters of the State and U.S. that exceeds regulated or permit limits.

Add the following subsection:

00290.30(a)(7) Water Quality:

• Do not discharge water contaminated by pollutants including sediment, drilling fluids and waste, concrete, grout, or water contained within a work area isolation, into any waters of the State or U.S.

or conveyances draining thereto until it has been treated using Materials such as those listed in

00280.15 or 00280.16 or by pumping to a vegetated upland location. Do not allow Project discharges to increase the concentration of any pollutant in the receiving water to a level that exceeds the limits prescribed by OAR 340-041.

• Implement containment measures adequate to prevent pollutants from entering waters of the State or U.S. Such pollutants include but are not limited to construction and demolition materials, waste spoils, fuel or petroleum products, detergents, silt, welding slag and grindings, concrete sawcutting by-products and sandblasting abrasives.

00290.34 Protection of Fish and Fish Habitat - Add the following paragraph:

Add the following subsection:

00290.34(c) Aquatic Species Protection Measures Required by Environmental Permits:

(1) General Requirements:

Use heavy equipment as follows:

• Secure absorbent material around all stationary power equipment (for example: generators, cranes, drilling equipment) operated within 150 feet of wetlands, waters of the State, waters of the U. S., drainage ditches, or water quality facilities to prevent leaks, unless suitable containment is provided to prevent spills from entering waters of the State or waters of the U.S.

• Store fuel and maintain all equipment in staging areas that are at least 150 feet away from any waters of the State, waters of the U.S., or storm inlet or on an impervious surface that is isolated from any waters of the State, waters of the U.S., or storm inlet.

00290.36(a) Migratory Birds - Replace the paragraph that begins "Comply with the Migratory Bird Treaty Act …" with the following paragraph:

Comply with the Migratory Bird Treaty Act (16 U.S.C. 703-712) that protects most species of birds in Oregon and prohibits the removal of nests containing eggs or dependent young (i.e., active nest) without a permit.

Migratory birds include most birds in Oregon; the few exceptions include rock pigeons, house sparrows, and European starlings.

Replace the paragraph that begins "Except where allowed by the Contract …" with the following paragraph:

Except where allowed by the Contract and by permit, do not disturb an active migratory bird nest, do not inhibit the ability of adult birds to care for eggs or dependent young, and do not impact the supporting structure where an active nest is built.

Add the following to the end of this subsection:

Do not disturb migratory bird nesting habitat (shrubs, trees, and structures), or clear vegetation from March 1 to September 1 of each year without prior written approval from the Engineer. Notify the Engineer, in writing, a minimum of 10 Calendar Days prior to starting activities that could harm nesting birds.

00290.80 Measurement - Replace this Subsection, except for the Subsection number and title, with the

No measurement of quantities will be made for work performed under this Section.

00290.90 Payment - Replace this Subsection, except for the Subsection number and title, with the following:

No separate or additional payment will be made for work performed under this Section. Payment is considered incidental to the work described and required under Section 00320.

SECTION 00320 – CLEARING AND GRUBBING

Comply with Section 00320 of the Standard Specifications modified as follows:

Description

00320.00 Scope – Replace this Subsection, except for the Subsection number and title, with the following:

This work consists of removing and disposing of trees and other vegetation within a specified area or as otherwise directed. This work also consists of treating hardwood tree stumps with herbicide.

00320.01 Areas of Work – Replace this Subsection, except for the Subsection number and title, with the following:

All tree cutting, brushing, vegetation removal, and tree canopy trimming work will take place within existing highway right of way between the designated work area limit areas. The work area limit areas will be marked in the field.

Contractor shall cut and remove:

• All hardwood trees

• All dead or visibly dying trees

• All conifer trees with dbh equal to or less than 10 inches

• All designated hazard trees marked with white/silver paint (23 trees in total (12 NB and 11 SB)).

Both the edge of pavement and the tree are marked with paint.

• All limbs and brush debris from felling operations

• All existing downed trees, limbs, and brush with diameter of 1” and greater

Tree cutting and removal shall take place within the working limits of 40 feet horizontal distance from edge of pavement. All brush and vegetation removal and tree canopy trimming shall be completed within the working limits of 30 feet vertical clearance and 30 feet horizontal distance from the edge of pavement unless working within 150 feet of the designated streams and lakes or restricted by right of way. Tree canopy trimming requires cutting to the tree trunk and should be done according to accepted industry standards for pruning. This may require cutting outside of the horizontal distance specified. Do not cut or trim trees that fall outside of ODOT right of way. Clearing limits may be modified but shall not be less than 30 feet from edge of pavement unless in conflict with right of way limits and fence lines, or as otherwise directed. Edge of Clearing limits shall be uniform along cut line and through transitions.

When working within 150 feet of designated streams or lakes, only Conifer trees 4” in diameter and smaller and hardwoods 6” in diameter and smaller are allowed to be cut and/or removed. Vegetation removal, brush removal, and tree canopy trimming are still required within 150 feet of designated streams or lakes.

There are no designated streams and lakes located within the project limits.

If the contractor elects to utilize the tree removal as merchantable timber in this section of roadway a Notification of Operation shall be submitted. The contractor is required to submit a Written Plan and Notification of Operation to the Oregon Department of Forestry 21 calendar days prior to beginning work.

For questions regarding the Notice of Operation contact, contact the Oregon Department of Forestry directly.

It is the expectation of the Agency that the contractor will account for the merchantable timber in the bidding process.

00320.02 Definitions:

(a) Clearing - Replace this Subsection, except for the Subsection number and title, with the following:

Clearing consists of:

• Preserving trees and other vegetation designated to remain in place.

• Cutting and removing vegetation, brush, and trees.

• Removing downed trees and other vegetative materials.

• Temporarily stockpiling removed materials within designated areas approved by ODOT outside of the Clear Zone.

(b) Grubbing - Delete this Subsection.

Materials

Add the following Subsection:

00320.10 Herbicide - Furnish Polaris AC herbicide or approved equal.

Construction

00320.40 Clearing Operations:

(a) Clearing Trees and Other Vegetation - Replace this Subsection, except for the Subsection number and title, with the following:

Cut trees and brush so they fall into the areas specified to be cleared. The building of access roads will not be required or permitted.

Cut off tree stumps:

• Flush or within 2 inches of the ground surface if within the Clear Zone, as defined in Subsection 00320.02(c).

• No higher than 4 inches above the ground surface if cut outside of the Clear Zone and the Clearing limits.

When cutting tree branches for canopy trimming to the 30 feet vertical and 30 feet horizontal distance requirement and within right of way, cut limbs off around the entire tree circumference and the remainder of the limb off to face of the tree at no additional cost.

Remove all evidence of Clearing matter and debris within the Clear Zone, as defined in Section 00320.02 (c). All cleared matter and debris shall be removed from the Clear Zone and hauled away or chipped on site unless otherwise directed by the ODOT Project Manager or designated representative. This work includes removal of the following unless otherwise directed:

• Felled trees and foliage from felled trees.

• Downed trees and vegetative materials.

• Brush and other vegetative materials.

• Sticks and branches from felled trees or branch trimmings with diameters 1 inch or greater.

• Roadway and roadway Clear Zone shall be cleaned of debris before opening the travel lane to traffic.

• All vegetative matter cut for the purposes of this contract that is greater than 1 inch diameter and located outside of the designated Clear Zone on slopes of less than 2H:1V incline, shall be removed from the slope and chipped or hauled away unless otherwise directed by ODOT.

• All material from cutting operations shall be disposed of at approved disposal sites or chipped.

Materials from cutting/chipping operations shall be removed from ditch lines and also slopes in areas where materials may have the potential to migrate into the ditch line or culverts.

00320.41 Grubbing Operations – Delete this Subsection.

00320.42 Disposal of Matter - Replace this Subsection, except for the Subsection number and title, with the following:

All matter and debris accumulated from cutting operations, including marketable trees, become the Contractor's property. Dispose of this matter and debris by one or more of the following methods:

• Chipping - Woody matter may be disposed of by chipping and spreading the chips uniformly over selected areas along the roadway, as directed, in loose layers not more than 3 inches in any dimension.

• Hauling – Woody matter may be hauled away to proper approved disposal sites of the contractors choosing according to 00290.20. Hauled material shall not be deposited on highway right of way except as stated in these specifications.

Add the following Subsection:

00320.44 Herbicide Treatment - All hardwood tree stumps shall be treated with Polaris AC (or approved equal) applied to the outer 1.5 inch of the stem or stump circumference; the outer portion of the cut surface including the cambium until thoroughly wet but not to the point of runoff. Treat the entire surface should the stem size be small. Stumps shall be treated according to the manufacturer’s recommendations as soon as possible after the tree has been cut.

Herbicide shall be utilized and applied as an undiluted concentrate in accordance with the manufacturer’s label guidelines for stump treatment. Dye shall be added to all herbicide mixes following the dye manufacturer’s recommended application rates.

No chemical treatment shall take place within 6 hours of rain showers and within any lake, pond, wetland, roadside ditch, irrigation ditch, river, creek, or any waterway with flowing water.

00320.80 Measurement - Work covered under this Section will be measured for payment by the following method:

• Lump Sum - Under this method, no measurement will be made. The Contractor is expected to perform all work by the completion date for the lump sum amount.

00320.90 Payment - Replace this Subsection, except for the Subsection number and title, with the

Payment for the Clearing, disposal, cleanup and other work specified to be performed will be made at the Lump Sum amount under item "Tree Removal, Brushing & Cleanup".

Payment will be payment in full for furnishing all equipment, labor, and incidentals necessary to complete the work as specified.

No separate or additional payment will be made for brushing and cleanup required to access and complete the work as specified.

When the Contract Schedule of Items does not indicate payment for work performed under this Section, no separate or additional payment will be made. Payment will be included in payment made for the appropriate items under which this work is required.

MISCELLANEOUS

• Contractors shall make every effort to create and build goodwill and healthy public relations with adjacent landowners and the traveling public.

• Contractors shall be responsible for all parts of the work area and the removal of all debris and surplus material, so as to leave the area in as good a condition as when the work commenced.

• Contractors shall furnish all necessary supervision, labor, equipment, tools, and transportation, and other resources for removal of trees and vegetation.

• All work performed by the Contractor will be subject to inspection by the designated ODOT representative, and payment will be withheld for any work not complying with the referenced specifications until the deficiencies are corrected. Deficiencies shall be corrected at the sole expense of the Contractor.

LIABILITY

Contractor shall assume the entire responsibility and liability for all damages or injuries of any kind or nature whatsoever to all persons, whether its employees or otherwise, and to all property growing out of or resulting from the execution of the work provided for in this Contract or occurring in connection therewith.

Contractor agrees to defend, indemnify, and hold harmless ODOT, its agents, employees, and insurers from and against any and all losses and expenses, including court costs and attorney's fees, damages or injuries growing out of or resulting from or occurring in connection with the execution of the work herein provided for; provided, however, that Contractor will not be held liable for loss of life or injury or damage to person or property due to the sole negligence of ODOT, its agents, or its employees.

If any damage is done to ODOT property (i.e. roadway, fence, signs, guardrail, etc.), or the property of others by Contractor, its employees, or agents during the term of this Contract, Contractor will repair and restore at its sole cost any such property and correct any damages inflicted thereto, returning it to as good a condition as the property was in before being damaged, in a manner satisfactory to the owner(s) of the property for the damage suffered.