Special Provisions~1.docx

Exhibit A – Special Provisions

I. Project Details.

PROJECT NAME: Burnt Butte Cinder Pit Rock Production

SCOPE OF WORK: Work includes producing 15,525 cubic yards (CY) of specified cinder sanding aggregate and associated work from a mandatory material source.

WORK LOCATION: Burnt Butte Cinder Pit is located about 5 miles off US 97 at MP 236.8, approximately 12 miles north of Chiloquin, OR (42.701072, -121.809196)

PROJECT MANAGER:

Ramon Alonso 63055 N. Hwy 97. Bldg. M Bend, OR 97701 Phone: (541) 419-9481 Email: Ramon.ALONSO@odot.state.or.us

APPLICABLE SPECIFICATIONS: The Specifications which are applicable to the work on this project are the 2021 Oregon Standard Specifications for Construction (“Standard Specifications”), which are by this reference incorporated herein, and these Special Provisions. The Standard Specifications include detailed technical specifications in Sections 00200 and beyond that apply to this ITB and any resulting Contract. Some sections of the technical specifications may be identified and modified in the Plans (Attachment 1) and Special Provisions. Sections of the technical specifications not identified in the Plans and Special Provisions remain applicable to the Contract according to their original terms.

Sections in Part 00100 of the Standard Specifications (General Conditions) are not applicable to the Contract unless they are specifically identified in the Plans and Special Provisions as being applicable. However, if a Part 00100 section that has been identified as being applicable references another section in Part 00100, or a technical specification (Parts 00200 and beyond) references a section from Part 00100, that referenced section from Part 00100 applies to the Contract for purposes of supporting and giving full effect to the specification that referenced it. Bidders can access the Standard Specifications online at:

http://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx

COOPERATION WITH UTILITIES: This project is located within the Oregon Utility Notification Center area, which is a utilities notification system for notifying owners of utilities about work being performed in the vicinity of their facilities. The contractor shall notify owners of Utilities prior to the performance of work in the vicinity of their Utilities. The utilities notification system telephone number is 811 (or use the old number which is 1-800-332-2344).

PAYMENT: Payment for all work under this contract is to be included in the bid items contained in the Bid Schedule. Payment constitutes full compensation to the Contractor for furnishing all Materials, Equipment, labor and incidentals necessary to complete the work as specified. There will be no separate payment for items not listed, as that work will be included in payment made for the items listed in the Bid Schedule.

PAYMENT TO CONTRACTOR: The Contractor shall be paid upon completion of contract work. A bill must be submitted to the Project Manager for payment processing. There shall be no retainage for work performed under this contract.

PRECONSTRUCTION CONFERENCE, SCHEDULE AND LIMITATIONS OF OPERATIONS: The Contractor shall meet with the Project Manager for a preconstruction conference at a mutually agreed upon time. Work shall not commence beforethe Notice to Proceed has been issued. Contractor shall submit a project schedule to the Project Manager prior to starting work. The project schedules will take into account the orderly, timely, and efficient prosecution of the work in sufficient detail to enable both the Contractor and the Project Manager to plan, coordinate, appraise, document, and control their respective contract responsibilities. The predicted Completion date(s) for the project schedule shall be within the specified contract time.

II. Specifications.

SECTION 00210 - MOBILIZATION

Comply with Section 00210 of the Standard Specifications.

SECTION 00235 - AGENCY PROVIDED MATERIAL SOURCES

Section 00235, which is not a Standard Specification, is included in this Project by Special Provision.

Description

00235.00 Scope - This Work consists of utilizing Agency provided mandatory material source as required for the construction of the Contract.

00235.02 Material Source Specific Requirements - The following mandatory material source, for the production of sanding aggregate, is to be used on this Project:

(a) Mandatory Material Source, Burnt Butte:

Source Number - OR-18-088-4 DOGAMI Number -18-0047 Location - Approximately 10.6 miles north of Chiloquin on US 97 in the E 1/2 NW1/4 & W1/2 NE1/2 of Section 19, T. 33 S., R. 08 E., W.M.

Access – Located southeast of MP 236.85 of The Dalles-California Highway (US 97). From US 97, turn east onto Kirk Road (USFS Road 43) and continue for 1.1 miles. Turn right onto Kirk-Bray Mill Road (USFS Road 4502) and travel southward 3.4 miles, then veer right onto cinder pit access road (USFS Road 4502-390), and continue 0.4 miles to the cinder pit floor.

Available Area for Equipment Setup, Stockpiling, and Processing Aggregate:

Existing – 6 acres Development - 1 acres

00235.03 Laws - Conduct operations within the material source according to all applicable State, county, and federal laws including mining and fire laws. Provide, operate, and maintain wildland firefighting equipment appropriate for the current fire levels on-site at all times during all material source operations.

00235.04 Permits - Copies of the Plans, permits, agreements and the material source narrative for the material source are available for inspection at the Project Manager's office. Operations within the material source shall conform to the stipulations and conditions of these documents and to all of the requirements of the Contract.

USFS Contract for the Sale of Mineral Materials (MM-FREWIN-19-02) USFS Road Use Permit (RUP-19-CHI-08) USFS Special Use Permit (CHI112)

00235.05 Pre-Work Meeting - Before occupying the material source, attend a pre-work meeting at the material source with the Engineer and the following owners or representatives:

USFS Representative – Catherine Callaghan (541) 947-6255 or (541) 219-0164

00235.06 Source Occupancy - Coordinate material source occupancy with the Engineer. The material source information listed in Table 00235-1 below shall be as shown on the Plans. Do not operate beyond the material source Project boundary as shown on the Plans unless otherwise directed in writing.

Table 00235-1

New and existing rejects stockpile Excavation area Existing cinder oversize to be utilized or moved Relocated cinder oversize storage area Proposed Safety berm Stockpile and processing area Prior disturbed boundary Access Road

00235.07 Source Development - If proposing changes to the material source development plan, submit a source development plan as an unstamped Working Drawing according to 00150.35. Do not begin Work in the material source until the source development plan has been approved in writing by the Engineer.

Develop a site-specific Erosion and Sediment Control Plan for the material source according to 00280.04 and submit it to the Engineer at or before the pre-work meeting. Construct stormwater control berms as needed to control runoff. Do not allow any materials, including sediments, Aggregate or crushing by‑products to enter into waterways or Wetlands.

Develop a site-specific Pollution Control Plan for the material source according to 00290.30(b), and submit it to the Engineer at or before the pre-work meeting. Include the following requirements in the Pollution Control Plan:

Do not discharge waste or by-product if it contains any substance in concentrations that could contaminate Soils or result in harm to fish, wildlife, or water sources.

Store all potentially hazardous materials and solid waste in a manner that prevents seepage into the ground or groundwater sources. Lined sumps or pits are allowable options for storage. If pits or sumps are used, construct adequate berms or provide other measures to prevent breaching of the pits or sumps.

For materials capable of causing water pollution if discharged, locate storage facilities in an area that prevents spillage into waterways or Wetlands.

Construction

00235.40 General - All vehicles and Equipment, prior to entering the site for the first time, and each subsequent time if the vehicle has left the Roadway outside the construction Project limits, shall be steam cleaned of all debris (soil, dirt, plant parts, and vegetative matter) before being brought back to the site. Notify the Engineer before moving each vehicle onto the site. Certify, in writing, that the Equipment has been steam cleaned.

00235.41 Restrictions and Protection of Resources - Comply with the following for all operations within the material source:

Protect cultural resources according to 00290.50.

Protect migratory birds according to 00290.36(a).

Do not utilize, contaminate, or disperse material from existing stockpiles. If existing stockpiles interfere with the Contractor’s operations, move the stockpiles to other locations within the material source area as directed, at no additional cost to the Agency.

Limit mineral and Aggregate extraction, crushing, processing, and Equipment operation activities including drilling activities to the hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday unless modifications to these hours are requested in writing and approved by the Engineer. Do not conduct any operation on Sundays or legal holidays, as defined in ORS 279C.540.

(b) USDA Forest Service Owned Sources - Material source Burnt Butte Cinder Pit 00235.02(a) is under Agency control through a "Contract for the Sale of Mineral Materials" agreement with USDA Forest Service. Operations within this material source shall conform to the requirements of this agreement located in Attachment B - the Site Narrative Packet, the Plans, and the Special Provisions.

Road use fees will be waived in lieu of USFS cinder road surface rock production and acceptable road maintenance.

Production of USFS cinder road surface rock material is required at a rate of 0.035 cubic yards per cubic yard of ODOT contract quantity for each entry (0.035 c.y. cinder road surface rock material/1 c.y. sanding Aggregate produced). USFS may require road maintenance, including resurfacing and/or spot surfacing with cinder road surface rock material, on portions of the haul route prior to and/or after heavy truck and/or equipment hauling. Refer to the USFS Road Use Permit for road maintenance specifications and details.

00235.42 Source Setup - Before proceeding with Work in the material source, the following apply:

(a) Clearing and Grubbing – No clearing and grubbing is anticipated for this project.

(b) Overburden – No overburden stripping or stockpiling is anticipated for this project.

00235.44 Source Operations - The following apply during material source operations:

Construct slopes and floor of the excavation area as shown on the Plans.

To control dust, apply water to material source accesses, haul road(s), and crushing and processing operations.

A water source is not available on-site within the material source or on National Forest System land.

Stockpile reject fines in separate and accessible stockpiles as shown on the Plans.

For material source Burnt Butte Cinder Pit 00235.02(a), maintain the condition of USFS Roads 43, 4502, and 4502-390 at all times. Provide traffic control related to ingress and egress movements in a manner that allows a safe work zone and safe passage of vehicles.

00235.45 Source Clean-up - The following apply at the completion of operations:

Leave no loose material on the site exceeding 1 foot diameter, except as noted below. Process existing oversize material, and all material loosened in the source by the Contractor that meets quality requirements, with the following exception:

For material source Burnt Butte 00235.02(a) a maximum of 150 cubic yards of oversize material with a maximum dimension of 2.5 feet may be stockpiled in the material source. Utilize existing cinder oversize, and/or consolidate cinder oversize material in relocated cinder oversize stockpile as shown.

Place all excess produced Cinder Sanding Aggregate remaining at the end of operations in separate and accessible stockpiles on Agency owned or controlled property in areas designated by the Engineer, at no additional cost to the Agency.

Leave any material source haul road(s) open. Do not rip or block the road(s) except a few boulders greater than approximately three feet in diameter may be used to block off access to the upper bench areas.

Remove all loose, hanging or potentially dangerous Rock on or above the excavated surface.

Haul away all construction slash and combustible debris resulting from use and development of the source, including the preexisting refuse identified at the pre-work meeting, even if it is from outside the material source project boundary.

00235.46 Seeding:

For material source Burnt Butte Cinder Pit 00235.02(a) no seeding is required.

00235.47 Source Vacating - Before vacating the material source the following apply:

Remove all structures, noncombustible debris, and equipment from the material source, even if it was pre-existing, except for grass and small shrubs incorporated into the overburden.

Remove solid waste and hazardous material from the site and dispose of properly. These include, but are not limited to crusher and/or equipment cleanings, materials placed in sumps, tires, pipes, belts, screens and truck cleanings. Provide documentary evidence of proper disposal and verify the amount of material removed.

If a spill or dumping has occurred or if a spill or dumping is suspected to have occurred, the Contractor shall clean up the contaminated materials according to Section 00290. After clean up, the Engineer may, sample and test materials at the spill or dumping locations to verify the clean up has been completed. If the Engineer’s verification testing demonstrates remaining contamination, the Contractor shall perform additional clean up until the requirements of Section 00290 including 00290.20(g) are met Attend a post-work meeting at the material source to evaluate material source rehabilitation work with the Engineer and attendees listed under 00235.05.

Measurement

00235.80 Measurement - No measurement of quantities will be made for Work performed under this Section.

Payment

00235.90 Payment - No separate or additional payment will be made for Work performed under this Section. Payment for this work will be included in other pay items.

SECTION 00290 – ENVIRONMENTAL PROTECTION

Comply with section 00290 of the Standard Specifications

SECTION 00680 - STOCKPILED AGGREGATES

Comply with Section 00680 of the Standard Specifications modified as follows:

Add the following subsection:

00680.11(c) Sanding Aggregates - Provide cinder sanding aggregate and USFS cinder sanding aggregate material in separate stockpiles meeting the following grading requirements:

00680.40(a) Source Sites - Replace this subsection, except for the subsection number and title, with the following:

Prepare and develop the source site according to Section 00235.

00680.42 Places of Delivery - Add the following to the end of this subsection:

Deliver and stockpile aggregate in separate and accessible stockpiles at the following locations:

Stockpile Site Location Quantity and Material to be Stockpiled

00680.70 Cleaning Up Source Sites - Replace this subsection, except for the subsection number and title, with the following:

Clean up the source sites according to Section 00235.

00680.80 Measurement – Replace this section, except for the section number and title, with the following:

The quantities of each designated size of Material will be measured on the volume basis, by cross section measurement or a digital terrain model of the completed neat stockpiles, with no allowance for settlement or shrinkage.