Exhibit 3 - ESB 2026 I-5 Exit 135 - Exit 140 Tree Removal_Specs.pdf

EXHIBIT 3

SPECIAL PROVISIONS AND SPECIFICATIONS FOR

ESB 2026 I-5: EXIT 135 – EXIT 140 SELECTIVE DEAD TREE REMOVAL

SCOPE OF WORK OF WORK TO BE DONE

The Work to be done under this Contract consists of the following, located along Interstate 5 (I-5), between Exit 135 and Exit 140, in Douglas County OR:

1. Furnishing material, equipment, labor, and incidentals required to cut and remove approximately 78 dead (or visibly dying) trees and other vegetation from ODOT right of way, and remove/chip materials on site, as directed. Remove or chip foliage and debris deposited from felled trees and tree limbs and larger brush, as directed. See Figures 1 & 2 and Table 1 below for further details and the location of the tree removal Work to be done.

2. Perform additional and incidental Work as called for by the plans and specifications.

PROJECT INFORMATION

General information pertaining to this project may be obtained from the following Project Manager or approved representative:

Blake Howren, District Operations Coordinator Email: Blake.W.Howren@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.

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.

mailto:Blake.W.Howren@ODOT.Oregon.gov https://www.oregon.gov/odot/Business/Specs/2024_STANDARD_SPECIFICATIONS.pdf https://www.oregon.gov/odot/Business/Specs/2024_STANDARD_SPECIFICATIONS.pdf

Figure 1 - I-5: Exit 135 – MP 137.2, approximate work area limits of majority of selective dead tree removal.

Cut and remove approximately 72 dead (or visibly dying) trees. See Figure 2 (below) for location of additional Work to be done. Most trees will need to be removed completely from the project site. Some trees will be allowed to remain onsite, but visible limbs shall be bucked once on the ground unless otherwise allowed. See Table 1 below for details.

Figure 2 – I-5: NB MP 140.2, shows approximate location of remaining selective dead tree removal Work.

Cut approximately 6 dead (or visibly dying) trees. Trees do not need to be removed from the project site, but visible limbs shall be bucked once on the ground unless otherwise allowed. See Table 1 for further details.

Table 1 - Tree Removal List

Location # of

Trees Remarks

NB Exit 135 Off-ramp 6 Island between ramp and I-5.

NB Exit 135 On-ramp 4 Island between ramp and I-5.

NB Exit 135 On-ramp 3 East side by fence.

NB MP 135.93 1

NB MP 135.99 2

NB MP 136.25 3

NB MP 136.27 4

NB MP 136.37 2

NB Exit 136 On-ramp 6 Behind guardrail. Do not remove (buck visible limbs).

NB Exit 136 On-ramp 3 End of guardrail.

NB 140.2 6 Do not remove (buck visible limbs). Keep mowed area clear.

SB 137.20 2

SB 136.83 1

SB 136.73 11

SB 135.61 2

SB 135.58 1

SB 135.56 7 Also remove downed tree from shoulder in Clear Zone.

SB 135.53 1

SB 135.53 1 Hardwood tree.

SB Exit 135 Off-ramp 7 Island between ramp and I-5.

SB Exit 135 On-ramp 5 Island between ramp and I-5.

Total 78

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 modified as follows:

00220.40(e)(1) Closed Lanes - Replace this subsection, except for the subsection number and title, with the following:

Traffic Lanes may be closed on the Pacific Highway (I-5) when allowed, shown, or directed during the following periods of time except as specified in 00220.40(e)(2):

• Daily, Monday through Sunday, between 7:00 a.m. and 5:00 p.m.

• Friday, between 7:00 a.m. and 3:00 p.m.

• Nightly, Sunday night through Friday morning, between 6:00 p.m. and 7:00 a.m.

00220.40(g) Road Closure Using Rolling Slowdown Method – subject to traffic volumes, ODOT Forces will provide and use a rolling slowdown method (RSM) for slowing traffic and closing all Traffic Lanes on the Pacific Highway (I-5) for periods not to exceed 20 minutes while felling trees adjacent to I-5. This Work will be allowed only between 7 a.m. (or daylight, whichever occurs first) and 3 p.m., Monday through Friday. If traffic volumes dictate, ODOT will adjust the allowable times to accommodate public traffic.

Begin Work immediately after the chase vehicle has passed the Work Area. If Work is not completed when the pilot cars approach the Work Area, immediately cease all Work except what is necessary to clear and reopen the roadway to traffic. Allow traffic to clear before performing another RSM.

Schedule and coordinate the use of RSMs with the District 7 North Douglas Transportation Operations & Maintenance Manager (TOMM) or approved representative at 541-849-2505.

SECTION 00221 - COMMON PROVISIONS FOR WORK ZONE TRAFFIC CONTROL

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

Description

00221.00 Scope - Add the following:

Work zone traffic control, including all rolling slowdowns, will be performed by State forces as needed for the duration of the project. The Contractor shall schedule and coordinate work zone traffic control with the ODOT Project Manager or designated representative, a minimum of 28 days prior to beginning Work.

SECTION 00222 – TEMPORARY TRAFFIC CONTROL SIGNS

Comply with Section 00222 of the Standard Specifications.

SECTION 00223 - WORK ZONE TRAFFIC CONTROL LABOR AND VEHICLES

Comply with Section 00223 of the Standard Specifications.

SECTION 00224 - TEMPORARY TRAFFIC CHANNELIZING DEVICES

Comply with Section 00224 of the Standard Specifications.

SECTION 00228 - TEMPORARY PEDESTRIAN AND BICYCLIST ROUTING

Comply with Section 00228 of the Standard Specifications.

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.

Add the following subsection:

00280.01 Submittals – Submit documentation that the compost material meets the requirements of Section 03020 for its intended use and is available for use according to the Project schedule in 00180.41 according to 00150.37, within 30 Calendar Days of Award of the Contract.

00280.02 Definitions - Delete the definition Wet Season Work

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.

00280.14(a) Plastic Sheeting - Replace the bullet that begins “Plastic Sheeting - Minimum 6-mil thick…” with the following bullet:

• Plastic Sheeting - Minimum 6-mil thick polyethylene plastic sheeting or plastic sheeting that meets or exceeds the performance properties outlined in ASTM D4397.

00280.41(c) Wet Season Work and Temporary Work Suspension - Replace this subsection with the following subsection:

00280.41(c) Temporary Work Interruption - Update the ESCP and schedule for Work proposed between October 1 and May 31 to ensure that all appropriate controls, including ESC during Work interruption, are implemented and maintained. Submit the updated ESCP and schedule to the Agency and receive approval before beginning any Work between October 1 and May 31.

Between October 1 and May 31, limit excavation and bare ground activities to only those required for immediate operations. Stabilize stockpiles at the end of each workday by diverting flows, placing covers, or installing Sediment barriers.

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.

00280.41(g) Underground Injection Controls (UIC) – Replace this Subsection, except for the Subsection number and title, with the following:

Do not allow storm water from work area to enter Underground Injection Control (UIC) inlets, UIC catch basins or UIC wells.

00280.62 Inspecting and Monitoring – Delete the paragraph that begins “Inspect the Project Site…”.

00280.62(a) Inspection - Replace the paragraph that begins "Perform site inspection, complete…" with the following paragraph:

Inspect the Project Site and all ESC devices for Effective Function and potential erosion or sediment movement and complete all applicable parts of the ODOT Erosion Control Monitoring Form, and submit the form to the Agency as follows:

00280.64(a) Corrective Action Timelines – Delete the bullet that begins “If completion of corrective action is not feasible…”

Delete the bullet that begins “Provide a schedule for clean-up and corrective actions…”

Delete the bullet that begins “Provide all corrective action documentation and photographs…”

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.

00290.51 Protection of Sensitive Cultural Sites - Add the following to the end of this subsection:

An Inadvertent Discovery Plan (IDP) has been developed for this project. The IDP is available from the Engineer.

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.

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

All tree cutting and vegetation removal Work will take place within existing highway right of way between the designated Work area limit areas. Do not perform Work off of ODOT right of way. ODOT right of way varies throughout the project limits. ODOT right of way is generally delineated with access control fencing which defines the horizontal Work area limits. The Work area limit areas will be marked in the field along edge of pavement. The location of the dead (or visibly dying) trees selected for removal are marked with paint along the edge of pavement and the trees that could be reached are marked with pink paint.

Contractor shall cut and remove the following from ODOT right of way:

• All dead or visibly dying trees

• All limbs and vegetative debris from felled trees

• All brush and vegetative materials removed to access the Work

• Any hung up dead trees that have the potential to migrate to the roadway Clear Zone

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 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.

(b) Grubbing - Delete this subsection.

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 with the ground surface if within areas mowed by ODOT maintenance.

• 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.

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 all foliage from or caused by felled trees.

• Brush and all other vegetative materials removed as required to access and complete the Work.

• Sticks and branches from felled trees or branch trimmings with diameters greater than 1” diameter.

• All vegetative materials cut for the purposes of this contract that is of more than 1” diameter and located outside of the designated Clear Zone on slopes steeper than a 2H:1V incline, shall be removed from the slope and chipped or hauled away unless otherwise directed or allowed by

ODOT.

• All vegetative materials cut for the purposes of this contract that are visible from the roadway in areas that ODOT maintains (mows) shall be removed and chipped or hauled away unless otherwise directed by ODOT.

• Trees of marketable size are considered the property of the Contractor and may be removed by the Contractor from the roadway. All tracked equipment shall be equipped with street grouser pads in order to not damage the roadway.

• 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.

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

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 into trucks and hauling away or by chipping and spreading the chips uniformly over areas selected by the ODOT Project Manager or approved representative along the roadway, as directed, in loose layers not more than 3 inches in any dimension. Spreading of chips will not be allowed in areas mowed by ODOT maintenance.

• 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 the highway right of way except as stated in these specifications.

Measurement

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.

Payment

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

Payment for the Clearing, disposal, cleanup and other Work specified to be performed will be made at the Lump Sum amount under item "Selective Dead Tree Removal".

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.