Tree Clearing West of Whitefish Specifications.docx

TREE CLEARING WEST OF WHITEFISH SPECIFICATIONS

SPECIFICATIONS FOR WORK - TREE CLEARING – STPX 503(166)129 UPN 2017003

This is a tree clearing contract for the Mountainside to MP 133 highway project on US Highway 93 (N-5) from just west of the intersection with Mountainside Drive (Reference Post 129.7) westerly to Reference Post 133.1. The project is located just west of Whitefish in Flathead County, MT. This stretch of highway corridor is shown on the attached set of right-of-way plans and is hereinafter referred to as the “Site.”

The Contractor is required to comply with all Federal, State, and Local regulations. This project is funded with Federal Funds and State matching funds.

The Contractor MUST complete the work in accordance with MDT standard detailed drawings, the most current version of the MDT Standard Specifications for Road and Bridge Construction, MDT standard supplemental specifications, and follow the protocol as outlined below when clearing the Site as outlined herein.

1.1. DESIGNATED CONTRACT DATE

The Contractor is REQUIRED to have all the trees on the ground on or before APRIL 15, 2025 and is REQUIRED to have the remainder of the work outlined herein completed on or before MAY 9, 2025.

1.2. CLEARING ITEMS

1.2.1. Provide all labor, materials, equipment and incidentals to cut and remove the trees and bushes as outlined herein.

1.2.2. Remove all debris.

1.3. PROTOCOL

1.3.1. The Montana Department of Transportation (MDT) has staked the clearing limits within the Site. The Contractor is required to cut and remove all trees, shrubs, bushes over 12” in height from the Site, except for those areas outlined as “Do Not Disturb.” MDT will stake the Right-of-Way limits prior to work commencing in coordination with the Contractor.

1.3.2. Leave tree, shrub, and brush stumps in place. Stumps shall not exceed 12” in height from the ground.

1.3.3. Grubbing (stump removal) is not included in this Contract.

1.3.4. The Contractor is allowed to keep, sell or lawfully dispose of any timber cleared within the clearing limits of the Site.

1.3.5. The Contractor is required to remove limbs and slash material over 3 inches in diameter and 3 feet long from the Site and properly dispose of them.

1.3.6. Limbs and slash material that is less than 3 inches in diameter and less than 3 feet long can be chipped and left on the Site.

1.3.7. No burning is allowed on the Site.

1.3.8. Trim all overhanging limbs within the Right-of-Way within the clearing limits.

1.3.9. The survey crew used the following items to identify areas throughout the Site:

1.3.9.1. Right-of-Way line “R/W” line is marked with red survey tape on lathe.

1.3.9.2. “Clearing Limits” is marked with florescent green survey tape on the lathe.

1.4. HIGHWAY SAFETY

1.3.1. Secure and place traffic control devices in accordance with MUTCD (Manual on Uniform Traffic Control Devices), MDT standard detailed drawings, the current edition of the MDT Standard Specifications for Road and Bridge Construction and MDT standard supplemental specifications and submit a Traffic Control Plan to Jason Livingston, EPM for review and approval prior to commencing work.

Traffic control including flaggers will be required for tree felling and logging within 60 feet of the roadway and for log trucks entering the roadway. Current supplemental specifications can be found at the following site: http://www.mdt.mt.gov/business/contracting/standard_specs.shtml

1.3.2. Do not pile timber or slash within 30 feet of the existing roadway shoulder.

1.3.3. Any work that poses a danger to the traveling public on US 93 or any adjacent roads or driveways will require the appropriate traffic control. Dangers to the traveling public include the operation of equipment operating, felling trees, moving trees, chipping limbs and slash, etc. on or near the roadway. Short term closures of US 93 or other roads and driveways on site will be allowed for 15 minutes durations (or longer with the approval of the EPM) to allow for the cutting and removal of trees, shrubs, and brush

1.3.4. Schedule and complete the work in such a way to minimize impacts to adjacent roadways and the traveling public.

1.3.5. Equipment is not allowed to be located within 30 feet of the existing shoulder at any time unless the equipment is being physically used in the timber operations. Contractor is responsible for securing an area to stage/store equipment if necessary.

1.3.6. Contractor will not block any traffic lanes or impair traffic at any time. Timber that may restrict traffic will be removed quickly from the roadway using proper traffic control and flagging operations.

1.3.7. Do not trespass or cut down any trees on private property. Do not cut any trees outside of the clearing limits that have been marked. There are two parcels that MDT has acquired for the highway project that are retaining rights to the trees on the property and they will be cleared by the landowners. These areas are outside of the marked clearing limits. Direct any questions to Jason Livingston at (406) 471-0233.

1.3.8. Contractor is responsible for obtaining all necessary permits or licenses required in connection with this contract.

1.3.9. No Hazardous Waste will be left on the site by the Contractor. If any Hazardous Waste is found or discovered, the Contractor must immediately notify Jason Livingston at (406) 471-0233 and all work must cease until investigated by the Department.

1.3.10. Contractor must promptly repair any fencing that is damaged to pre-existing condition. Contractor must provide temporary fence as needed to maintain enclosure.

1.3.11. Contractor needs to be aware that there may be existing overhead and buried utilities on this property that will not be removed at this time.

1.3.12. Coordinate and cooperate with any utility companies on Site. There will be utility companies on site performing utility relocations in advance of the roadway project. Two of the known utility companies on site that may be working are Rocky Mountain Power (power, cable TV) and Lumen (telephone/fiber optic.)

ENVIRONMENTAL SPECIAL PROVISIONS

1.5. MIGRATORY BIRD MIGRATORY BIRD TREATY ACT COMPLIANCE -VEGETATION REMOVAL

Suitable nesting habitat (trees and shrubs) exists for migratory birds within the construction limits. Perform any required cutting of trees and shrubs between August 16th and April 15th.

2.2. WORK IN BEAR HABITAT

This project is located within bear habitat. Adhere to the following requirements:

· Promptly clean up any project related spills, litter, garbage, debris, etc.

· Camping is allowed in designated camping areas only.

· Store all food, food related items, petroleum products, antifreeze, garbage, and personal hygiene items inside a closed, hard-sided vehicle or commercially manufactured bear resistant container.

· Remove garbage from the project site daily and dispose of it in accordance with all applicable regulations.

· Notify the Project Manager of any animal carcasses found in the area.

· Notify the Project Manager of any bears observed in the vicinity of the project.

Consider all costs associated with this provision incidental to performance of the work. Include the cost in the overall lump sum.

1.6. PROTECTION OF WETLAND AREAS AND OTHER DRAINAGES

1.6.1. The streams and wetlands have been delineated and are shown on the construction plan sheets. The construction plan sheets also show the impacted streams and wetlands due to the permanent facilities located within the construction limits associated with the proposed road construction project. The Aquatic Lands Protection Ordinance 90-A (ALPO) permit (issued to MDT) and the Clean Water Act (CWA) Section 404 permit (issued to MDT) for the permanent facilities does not include work or impacts associated with this proposed tree/brush clearing project. Avoid impacting aquatic resources, including streams and wetlands, with this tree/brush clearing project.

If complete avoidance of aquatic resources, including streams and wetlands is not possible, the contractor is responsible for coordinating with MDT to obtain the necessary environmental permits which may include, but not limited to, an ALPO 90-A Permit and/or a US Army Corps of Engineers CWA Section 404 Permit and associated CWA Section 401 Water Quality Certification.

If the Contractor’s means and methods to accomplish the tree/brush clearing contract has the potential to impact, either permanently or temporarily, aquatic resources, including streams and wetlands, an ALPO 90-A Permit and/or a CWA Section 404 Permit may be required. Any impacts to these areas and associated consequences, without the proper permitting, are the responsibility of the contractor. Coordinate with the MDT Project Manager to determine if additional environmental permits are necessary.

Temporary facility permitting and/or general permit questions should be directed to the MDT Project Manager for coordination with the District Environmental Engineering Specialist.

1.7. STORM WATER PERMITTING REQUIREMENTS UNDER THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM (MPDES) [208] (RevISED 8-10-23)

1.7.1. Description

The DEQ regulates storm water discharges under the MPDES program. If the bid package contains blank erosion control plans, a construction storm water discharge permit authorization will be required. If not, a storm water discharge permit authorization may be required for this project depending on Contractor’s operations. Sum the disturbance area (as defined by DEQ) identified in the contract with the area of disturbance caused by contractor operations to determine if the permit acreage threshold is exceeded. Contractor operations can include, but are not limited to, the following support activities: staging areas, access roads, material storage areas, temporary concrete, or asphalt batch plants, borrow areas, areas used for fill placement, etc. If the summed disturbance area is one acre or more, use the DEQ authorization to discharge under the MPDES General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) for this project. In order to facilitate permit transfer, separate NOI packages are required for areas within the right-of-way and areas outside of the right-of-way. A NOI package includes a Notice of Intent, with a topographic map, a SWPPP, the erosion control plans, sage grouse consultation letter, if applicable, and supporting documentation.

Blank Erosion Control Plans, and a topographic map, are provided with the plans if the plans include greater than 1 acre of disturbance. Complete the erosion control plans as required by the general permit. Complete the SWPPP using DEQ’s most current SWPPP Form.

1.7.2. Materials

Follow the requirements described in the Department’s Erosion and Sediment Control Best Management Practices Manual (December 2016). Rescind Section 208 detailed drawings. Submit to the Project Manager for review and acceptance BMPs proposed for use that are not included in the Manual.

1.7.3. Construction Requirements

1.7.3.1. MPDES Permit Required

1.7.3.1.1. Submit one NOI package and the associated fees to DEQ for ground disturbance areas shown in the plans or within the right-of-way. For ground disturbance areas shown in the plans and any other areas within the right-of-way where Contractor activities causing ground disturbance are planned, the Contractor is the sole permittee until construction is complete and the General Permit is transferred to the Department or another entity.

The Department is not responsible for delays caused by incomplete or inaccurate submittals by the Contractor.

Comply with the requirements of the General Permit and implement the SWPPP. Provide an electronic copy of the NOI Package submitted to DEQ and confirmation for receipt of a complete NOI Package from DEQ to the Project Manager prior to conducting any ground disturbance activities.

Do not begin construction activities until the required copy of the NOI Package submitted to DEQ and confirmation for receipt of a complete NOI Package from DEQ is received by the Project Manager.

1.7.3.1.2. Furnish and install public signage as required by the General Permit. Include the cost of the required sign(s) in the Temporary Erosion Control Lump Sum bid item. Submit a separate NOI package and the associated fees to DEQ for ground disturbance and support activity areas outside the right-of-way and not shown in the plans. Contractor furnished material sources, staging areas, plant sites, or any other Contractor caused ground disturbance outside the right-of-way and not shown in the plans, are the Contractor's responsibility and must be submitted under a separate NOI package from the ground disturbance within the right-of-way. For all support activities outside the right-of-way which are not part of a larger commercial operation serving multiple unrelated construction activities and will not continue operation beyond the completion of the contracted road construction activity, a notice of intent package must be submitted to DEQ to obtain an authorization under the General Permit. Sand and gravel borrow area operations, gravel pits, and/or concrete batch plants that will continue operation beyond the completion of the contracted road project, are part of a larger commercial operation, or serving multiple unrelated construction activities, must obtain permit coverage under the Multi-Sector General Permit for Storm Water Discharges Associated with Industrial Activity (MSGP) regardless of acreage size of the activity if the activity does not already have MSGP authorization. The Contractor is the sole permittee until stabilization is complete and the General Permit is terminated or transferred to another entity. The Department is not responsible for delays caused by incomplete or inaccurate submittals to DEQ by the Contractor.

Provide copies of all NOI Packages submitted to DEQ and confirmations for receipt of complete NOI Packages from DEQ to the Project Manager prior to conducting any ground disturbance activities.

Be responsible for all temporary erosion, sediment, and pollution prevention controls for Contractor furnished material sources, staging areas, plant sites, or any other Contractor caused ground disturbance outside the right-of-way and not shown in the plans.

1.7.3.1.3. Complete and document all inspections in accordance with the requirements of the General Permit. Use DEQ’s most current self-inspection form available online at: https://deq.mt.gov/files/Water/WQInfo/Documents/WPBForms/2023-Attachment-B-MTR100000.pdf. Provide a copy of all inspection reports to the Project Manager within 7 calendar days of the inspection.

Report potential noncompliance in accordance with applicable regulations, guidance, and permit conditions. Submit to the Project Manager within 7 calendar days of sending or receiving all correspondence to or from regulatory agencies regarding potential noncompliance or violations.

The temporary erosion and sediment control measures and devices to prevent pollution and control sediment transport and soil erosion will be inspected as part of the final inspection to ensure they are maintained and functioning properly. Do not transfer or terminate the General Permit coverage until the BMPs are inspected and accepted and all records required under the permit, including inspection and monitoring reports, are furnished to the Project Manager and authorization is received from the Department. The Department may require that certain BMPs be replaced by another type of BMP as a condition of permit transfer.

Upon approval of site conditions, measures, devices and all pertinent records, the Department will notify the Contractor to begin the Permit Transfer Notification in DEQ FACTS. Once completed, provide verification that all fees have been paid and the permit is ready for transfer in DEQ FACTS. The Department is not liable for the completeness or accuracy of Contractor records completed prior to the permit transfer. Ensure permit conditions and responsibilities are met until confirmation of the transfer is received from DEQ. Defend and hold the Department harmless from any violations, claims, enforcement actions, penalties or fines issued for Contractor activities or recordkeeping that occurred prior to the transfer of the General Permit.

If the Department concurs that final stabilization has been met during the final walk-through, the Contractor may submit a Notice of Termination form to DEQ. Pay the annual fee invoice due at the time of termination. Submit the annual fee invoice to the Project Manager for reimbursement.

1.7.3.2. MPDES Permit not Required

The BMP-Administration item is included in contracts that may not meet either criteria for an MPDES permit but include ground disturbing activities. Complete BMP inspections and install BMPs, if necessary, in accordance with Section 208, if no storm water permit is required. Utilize form MDT-ENV-014, Water Pollution Control Inspection Report. A certified SWPPP Administrator is not required to conduct the inspections if no permit is required.

Method of Measurement. DEQ MPDES fees and monitoring costs associated with obtaining and maintaining the General Permit for ground disturbance areas both within and outside the right-of-way are not measured separately for payment.

If no permit is necessary, include the cost of all erosion control, devices, and inspections in the BMP-Administration bid item.

Basis of Payment. No additional payment will be made for the DEQ MPDES fees and monitoring costs associated with the General Permit. Include these costs in the Temporary Erosion Control-Lump Sum bid item.

For project including the BMP-Administration item, include the cost of all erosion control, devices, and inspections in the BMP-Administration bid item. Partial payment for the BMP-Administration will be monthly based on the lump sum contract price in accordance with Table 208-2 in Subsection 208.05.1.

Payment for BMPs required by an event or extra work, and approved by the Project Manager, will be measured and paid for in accordance with the Erosion Control Rate Schedule contained in the contract at a unit price of $1.00 per unit.

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REVISED: 823/04