SPS 14031 I-84 Dodson - Tanner Creek Bundle 209 Final 1-29-09

OJT Program trainees shall be paid the journey level rate specified in the contract for thetype of work performed.. Meet with the Agency monthly to review the progress records or apprent

OREGON DEPARTMENT OF TRANSPORTATION

SALEM, OREGON

GRADING, DRAINAGE, STRUCTURES AND PAVINGTYPE OF WORK

SECTIONI-84: DODSON - TANNER CREEK BUNDLE 209

HIGHWAYCOLUMBIA RIVER HIGHWAY COUNTYMULTNOMAH COUNTY BID DATEMarch 19, 2009

CLASS OF PROJECT FEDERAL AID NUMBER OR "STATE" X-IM-OTIA-S002 (091) CLASS OF WORK FROM CLASS OF WORK SHEET BRIDGES AND STRUCTURES BID OF

DESCRIPTION OF WORK

Grading, Drainage, Structures and Paving (Kind of Work)

I-84: Dodson - Tanner Creek Bundle 209

Columbia River HighwayMultnomah County

TIME AND PLACE OF RECEIVING BIDS

Bids for the work described above will be opened and read at the Oregon Department ofTransportation, 455 Airport Road SE, Building E, Salem, Oregon, at 9:00 a.m on the 19th day of _ March, 20 .09

Prior to 8:00 a.m on the above date, submit Bids to:

ODOT Procurement Office, Procurement Manager

455 Airport Road SE, Building K

Salem, Oregon 97301-5348

Between 8:00 a.m and 9:00 a.m on the above date, submit Bids to Building K at the aboveaddress or to:

Oregon Department of Transportation

455 Airport Road SE, Building E

Salem, Oregon

COMPLETION TIME LIMIT

(Use one of the following four completion time options, as appropriate Fill in the blanks.)

(Option 1 When on-site work is to be controlled, use the following.)

Complete all Work to be done under the Contract before the elapse of _ Calendar Days,

or not later than , whichever occurs first

Recording of the elapse of Calendar Days will begin on the day the Contractor beginsOn-Site Work as defined in 00110.20

(Option 2 When seeding establishment or plant establishment is required, use the following Delete what does not apply Remove parentheses.)

Complete all Work to be done under the Contract, except for seeding establishment and,plant establishment, not later than .May 28, 2010

There are two Contract Times on this Project as follows:

(1) Complete all Work to be done under the Contract, except for , not later than

(2) Complete all Work to be done under the Contract (, except for (seedingestablishment) (and) plant establishment, ) not later than

(Option 4 When none of the three options above apply, use the following.)

Complete all Work to be done under the Contract not later than _

CLASS OF PROJECT

(Delete word which does not apply Remove parentheses.)

This is a (Federal-Aid) (State) Project

CLASS OF WORK

(Use one of the following four paragraphs to list the class of work determined by using the blue "Class of Work" sheet Delete the paragraphs that do not apply Select the class(es) from the list below (cut and paste).)

The Class of Work for this Project is: _.Bridges andStructures

The Class of Work for this Project is the combination of 1) &2)

The Class of Work for this Project is either: A) , orB) _

The Class of Work for this Project is either: A) , or B) thecombination of 1) & 2) _

(Use this list to fill in the blanks above Delete this list when finished.)

Earthwork and Drainage

Bridges and Structures

Painting

Rock Production

Aggregate Bases

Asphalt Concrete Paving and Oiling

Portland Cement Concrete Paving

Pavement Markings

Miscellaneous Highway Appurtenances

Buildings

APPLICABLE SPECIAL PROVISIONS

The Special Provisions booklet applicable to the above-described work, for which Bids will

be opened at the time and place stated above, is that which contains the exact information

as shown above on this page

Bidders are cautioned against basing their Bids on a booklet bearing any differentdescription, date(s), class of project, or class of work

OREGON DEPARTMENT OF TRANSPORTATION

SALEM, OREGON

GRADING, DRAINAGE, STRUCTURES AND PAVINGKIND OF WORK

I-84: DODSON - TANNER CREEK BUNDLE 209SECTION

COLUMBIA RIVER HIGHWAYHIGHWAY MULTNOMAH COUNTYCOUNTY March 19, 2009BID DATE

If a prebid meeting is required, place prebid information here Otherwise delete this field.

TIME AND PLACE OF RECEIVING BIDS

Bids for the work described above will be opened and read at the Oregon Department ofTransportation, 455 Airport Road SE, Bldg E, Salem, Oregon 97301-5348, at 9:00 a.m onthe 19th day of March, 2009

day of , 20

COMPLETION TIME LIMIT

(Use one of the following four completion time options, as appropriate Fill in the blanks.)

(Option 1 When on-site work is to be controlled, use the following.)

Complete all Work to be done under the Contract before the elapse of _ Calendar Days,

or not later than , whichever occurs first

Recording of the elapse of Calendar Days will begin on the day the Contractor beginsOn-Site Work as defined in 00110.20

(Option 2 When seeding establishment or plant establishment is required, use the following Delete what does not apply Remove parentheses.)

Complete all Work to be done under the Contract, except for seeding establishment and,plant establishment, not later than .May 28, 2010

(2) Complete all Work to be done under the Contract (, except for (seedingestablishment) (and) plant establishment, ) not later than .

(Option 4 When none of the three options above apply, use the following.)

Complete all Work to be done under the Contract not later than

CLASS OF PROJECT

(Delete word which does not apply Remove parentheses.)

This is a (Federal-Aid) (State) Project

CLASS OF WORK

(Use one of the following four paragraphs to list the class of work determined by using the blue "Class of Work" sheet Delete the paragraphs that do not apply Select the class(es) from the list below (cut and paste).)

The Class of Work for this Project is: Bridges and Structures. _

The Class of Work for this Project is the combination of 1) _ &2)

The Class of Work for this Project is either: A) , orB)

The Class of Work for this Project is either: A) _, or B) thecombination of 1) _ & 2) _

(Use this list to fill in the blanks above Delete this list when finished.)

Earthwork and Drainage

Bridges and Structures

Painting

Rock Production

Aggregate Bases

Asphalt Concrete Paving and Oiling

Portland Cement Concrete Paving

Information pertaining to this Project may be obtained from the following:

(Use the following two paragraphs for ODOT administered projects Fill in the names, addresses, cities, zip codes, and phone numbers Obtain the information from the Project Leader.)

(Name) , Project Manager, _(Address) _, _(City and Zip) _;Phone (phone number)

(Name) , Area Manager, _(Address) _, _(City and Zip) _;Phone (phone number)

(Use the following two paragraphs for Consultant or Local Agency administered projects Fill in the names, addresses, cities, zip codes, and phone numbers Obtain the ODOT information from the Project Leader.)

Jason Ruth, Project Manager, Oregon Bridge Delivery Partners, 999 Frontage Road, Suite

210, Troutdale, OR; Phone 503-587-3639, FAX 503-587-2929

(Consultant or Local Agency Name) , Project Manager, (Consultant CompanyName or Local Agency Name) , _(Address) _, _(City and Zip) _;Phone (phone number) , FAX _(FAX number) _

(ODOT Name) , ODOT Local Agency Program Liaison, _(Address) _, _(City and Zip) _; Phone (phone number)

SP TOC FED (05-16-08)

(Follow all instructions If there are no instructions then include the line on all projects Delete what does not apply Remove all instructions before preparing the final document.)

TABLE OF CONTENTS FOR SPECIAL PROVISIONS

REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONTRACTS (FHWA-1273) ON-SITE WORKFORCE AFFIRMATIVE ACTION REQUIREMENTS FOR WOMEN AND MINORITIES ON FEDERAL-AID CONTRACTS

EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS

EQUAL EMPLOYMENT OPPORTUNITY-ASPIRATIONAL TARGET PROVISIONS

(Use only when aspirational diversity target provisions are required Obtain information from the Office of Civil Rights.)

DBE AND MWESB PROVISIONS

ASSIGNED CONTRACT GOALS AND TARGETS

REIMBURSABLE FEDERAL ON-THE-JOB AND APPRENTICESHIP TRAINING

INDIAN PREFERENCE IN EMPLOYMENT ON FEDERAL-AID PROJECTS (Use when any portion of a project is OFF OF BUT WITHIN 60 miles of the diminished Umatilla Indian Reservation boundary.)

INDIAN EMPLOYMENT PREFERENCE GOAL AND COMPLIANCE FEE (Use with Indian Preference in Employment on Federal-Aid Projects.)

TERO CODE (Use when the entire project is on the Umatilla Indian Reservation or when the project is on the reservation and any portion of the project is off of but within 60 miles of the diminished Umatilla Indian Reservation boundary.)

RAILROAD CONTRACTOR REQUIREMENTS (Use only with railroad involvement.) PROJECT WAGE RATES

WEB SITE ADDRESSES

COATING SYSTEM WARRANTY AND PERFORMANCE BOND (Use only on maintenance coating projects.)

WORK TO BE DONE 1

SECTION 00110 - ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND DEFINITIONS 2

SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES 2

SECTION 00130 - AWARD AND EXECUTION OF CONTRACT 2

SECTION 00140 - SCOPE OF WORK 2

SECTION 00150 - CONTROL OF WORK 2

SECTION 00160 - SOURCE OF MATERIALS 4

SECTION 00165 - QUALITY OF MATERIALS 4

SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES 4

SECTION 00180 - PROSECUTION AND PROGRESS 6

SECTION 00190 - MEASUREMENT OF PAY QUANTITIES 8

SECTION 00195 - PAYMENT 9

SECTION 00196 - PAYMENT FOR EXTRA WORK 12

SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK 12

SECTION 00199 - DISAGREEMENTS, PROTESTS, AND CLAIMS 12

SECTION 00210 - MOBILIZATION 12

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC 12

SECTION 00225 - WORK ZONE TRAFFIC CONTROL 15

SECTION 00253 - TEMPORARY WORK PLATFORM 17

SECTION 00254 - TEMPORARY WORK ACCESS 19

SECTION 00280 - EROSION AND SEDIMENT CONTROL 21

SECTION 00290 - ENVIRONMENTAL PROTECTION 22

SECTION 00305 - CONSTRUCTION SURVEY WORK 40

SECTION 00310 - REMOVAL OF STRUCTURES AND OBSTRUCTIONS 60

SECTION 00320 - CLEARING AND GRUBBING 61

SECTION 00330 - EARTHWORK 62

SECTION 00340 - WATERING 63

SECTION 00350 - GEOSYNTHETIC INSTALLATION 64

SECTION 00390 - RIPRAP PROTECTION 64

SECTION 00405 - TRENCH EXCAVATION, BEDDING, AND BACKFILL 64

SECTION 00430 - SUBSURFACE DRAINS 64

SECTION 00440 - COMMERCIAL GRADE CONCRETE 64

SECTION 00442 - CONTROLLED LOW STRENGTH MATERIALS 64

SECTION 00445 - SANITARY, STORM, CULVERT, SIPHON, AND IRRIGATION PIPE 64

SECTION 00470 - MANHOLES, CATCH BASINS, AND INLETS 65

SECTION 00480 - DRAINAGE CURBS 65

SECTION 00490 - WORK ON EXISTING SEWERS AND STRUCTURES 65

SECTION 00501 - BRIDGE REMOVAL 65

SECTION 00510 - STRUCTURE EXCAVATION AND BACKFILL 66

SECTION 00512 - DRILLED SHAFTS 69

SECTION 00530 - STEEL REINFORCEMENT FOR CONCRETE 70

SECTION 00535 - RESIN BONDED ANCHOR SYSTEMS 70

SECTION 00536 - INTERNAL SHEAR ANCHORS 71

SECTION 00538 - CRACK INJECTING EXISTING BRIDGES 74

SECTION 00540 - STRUCTURAL CONCRETE 77

SECTION 00542 - TEXTURED CONCRETE SURFACES 88

SECTION 00543 – FACADE PANELS 90

SECTION 00545 - REINFORCED CONCRETE BRIDGE END PANELS 94

SECTION 00560 - STRUCTURAL STEEL BRIDGES 94

SECTION 00565 - FIBER REINFORCED POLYMER INSTALLATION 96

SECTION 00575 - BAT HABITAT 102

SECTION 00582 - BRIDGE BEARINGS 103

SECTION 00583 - ELECTRICAL CONDUIT IN STRUCTURES 103

SECTION 00585 - EXPANSION JOINTS 104

SECTION 00587 - BRIDGE RAILS 105

SECTION 00594 - PREPARING AND COATING METAL STRUCTURES 105

SECTION 00596 - RETAINING WALLS 106

SECTION 00620 - COLD PLANE PAVEMENT REMOVAL 110

SECTION 00641 - AGGREGATE SUBBASE, BASE, AND SHOULDERS 110

SECTION 00730 - EMULSIFIED ASPHALT TACK COAT 111

SECTION 00745 - HOT MIXED ASPHALT CONCRETE (HMAC) 111

SECTION 00810 - METAL GUARDRAIL 117

SECTION 00812 - ADJUSTING GUARDRAIL 118

SECTION 00820 - CONCRETE BARRIER 118

SECTION 00840 - DELINEATORS AND MILEPOST MARKER POSTS 118

SECTION 00850 - COMMON PROVISIONS FOR PAVEMENT MARKINGS 118

SECTION 00865 - LONGITUDINAL PAVEMENT MARKINGS - DURABLE 119

SECTION 00905 - REMOVAL AND REINSTALLATION OF EXISTING SIGNS 119

SECTION 00937 - PREPARING AND COATING METAL SIGN STRUCTURES 119

SECTION 00940 - SIGNS 122

SECTION 00960 - COMMON PROVISIONS FOR ELECTRICAL SYSTEMS 123

SECTION 01030 - SEEDING 123

SECTION 01040 - PLANTING 125

SECTION 02110 - POSTS, BLOCKS, AND BRACES 126

SECTION 02210 – MATERIALS FOR TIMBER AND CONCRETE 126

SECTION 02630 - BASE AGGREGATE 128

SECTION 02810 – BRIDGE RAIL 128

SECTION 02820 – METAL GUARDRAIL 128

PLANS (Use only when plans are included in the Special Provisions.)

BID SCHEDULE

Obtain information from the Office of Civil Rights Do not modify this provision.)

EQUAL EMPLOYMENT OPPORTUNITY-ASPIRATIONAL TARGET PROVISIONS

As used in these provisions, "Engineer" means the Chief Engineer of the OregonDepartment of Transportation acting either directly or through his authorizedrepresentatives

Section 140 of Title 23, United States Code, EQUAL EMPLOYMENT OPPORTUNITY, as ineffect on May 1, 1982, is incorporated by this reference and made a part of theseprovisions

Written Notification

The Contractor shall provide written notification to the Engineer within 10 working days ofaward of any construction subcontract in excess of $10,000 at any tier for construction workunder the contract resulting from this solicitation The notification shall list the name,address and telephone number of the subcontractor; employer identification number;estimated dollar amount of the subcontract; estimated starting and completion dates of thesubcontract; and the geographical area in which the subcontract is to be performed

In addition to the notification required in item 7d in the "On-Site Workforce AffirmativeAction Requirements for Women and Minorities on Federal-Aid Contracts", the Contractorshall provide immediate written notification to the Engineer when the union or unions withwhich the Contractor has a collective bargaining agreement has not referred to theContractor minorities or women sent by the Contractor, or when the Contractor has otherinformation that the union referral process has impeded the Contractor's efforts to meet itsequal opportunity obligations

Aspirational Diversity Targets ODOT Aspirational Diversity Targets - While Aspirational Diversity Targets are not

requirements for this contract and are not binding on the contractor, ODOT desires toencourage the highest possible participation of minorities and women in the work force.Therefore, ODOT has established aspirational targets on OTIA III contracts statewide andall ODOT construction contracts in Multnomah, Clackamas, and Washington counties asfollows:

Covered Areas

ODOT Region 2, 3, 4, & 5 Women 14% - Minority 14%

"Monthly Employment and Apprenticeship Utilization Report" (MEAUR), Form 731-0505, bythe 5th of each month.

Annual Report

Each July for the duration of the project, contracts in the amount of $10,000 or more and oneach subcontract, not including material suppliers, in the amount of $10,000 or more, thecontractor and each subcontractor shall submit From PR-1391 This report shall be sentdirectly to ODOT Office of Civil Rights

Insert Type of Work Here

(This goal is only a part of the overall Statewide DBE program.)

A DBE Directory is available from the Office of Minority, Women and Emerging SmallBusiness (OMWESB) web site at http://www4.cbs.state.or.us/ex/dir/omwesb/ or bytelephone at (503) 947-7924

ASSIGNED MWESB ASPIRATIONAL TARGETS

The assigned MWESB aspirational target for this Project is as follows:

MWESB 10 %

An MWESB Directory is available from the Office of Minority, Women and Emerging SmallBusiness (OMWESB) web site at http://www4.cbs.state.or.us/ex/dir/omwesb/ or bytelephone at (503) 947-7924

Insert Type of Work Here

SP ROJT RAPP (01-15-09)

(Use this special provision on selected Region 1 projects and OTIA III projects only Obtain information of the Office of Civil Rights Be sure that the page number in the footer below begins at "Page 1." When this special provision is used, be sure to include the "Training" bid item Enter both the quantity (from the Office of Civil Rights) AND the price $20.00.)

REIMBURSABLE FEDERAL ON-THE-JOB and APPRENTICESHIP TRAINING

This Section for Reimbursable Federal On-the-Job Training and Apprenticeship Trainingsupersedes subparagraph B(7-e) of the "On–Site Workforce Affirmative ActionRequirements for Women and Minorities on Federal Aid Contracts," and is inimplementation of 23 U.S.C 140(a) All other provisions apply

SECTION 1: Abbreviations and Definitions

BOLI - Bureau of Labor and Industries for the State of Oregon

OJT - On-the-Job Training

Apprenticeship Training Program: A specific apprenticeship training program, approved

by BOLI, which provides a combination of field and classroom trade specific experienceunder the supervision of journey level workers For this Contract, this is a race and genderneutral program

OJT Program: A specific on-the-job training program developed by the Contractor,

approved by the Agency and FHWA (also includes previously developed standardizedtraining programs already approved by the Agency and FHWA), which provides acombination of field, and limited classroom, trade specific experience under the supervision

of journey level workers This is an Affirmative Action program and targets otherwisedisadvantaged woman and minorities

Qualified Hours: Specific On-Site hours (may include some classroom hours) performed

by a properly registered and enrolled trainee consistent with their OJT Program or anapprentice consistent with their Apprenticeship Training Program, and reported by theContractor to the Agency for the OJT Program and to BOLI for the Apprenticeship TrainingProgram

SECTION 2: OJT Program and Apprenticeship Training Program Policy Statement

In order to increase the number of trained and skilled workers in highway construction theAgency will set a training goal for the Project

It is the policy of the Agency that the Contractor shall take all necessary and reasonablesteps, to ensure that trainees and apprentices have the opportunity to participate on

Insert Type of Work Here

highway construction projects and to develop as journey-level workers in the given trade orjob classification employed, and to meet this training goal

Training and upgrading minorities and women in highway construction trades is a primaryobjective of the Agency Accordingly, the Contractor shall make every effort to enrollminority and women trainees in OJT Programs by conducting systematic and direct,meaningful recruitment through public and private sources likely to yield minority andwomen trainees within a reasonable area of recruitment Although Apprenticeship TrainingPrograms are race and gender neutral, the Contractor shall ensure that, withoutdiscrimination, minorities and women have an equal employment opportunity to compete forand participate as apprentices and to support a diverse workforce that is representative ofthe population

SECTION 3: Affirmative Action Requirement

Whenever minorities or women are not placed in OJT positions, the Contractor shallprovide documented evidence of Affirmative Action recruitment efforts The Agency willreview the documents of the Contractor’s systematic and direct, meaningful recruitmentefforts to determine whether the Contractor has complied with the criteria in "RequiredContract Provisions Federal-Aid Construction Contracts" (FHWA Form 1273), Section IINondiscrimination

When filling OJT positions and apprenticeship positions, the Contractor and theSubcontractors are encouraged to hire previously approved apprentices who have not yetcompleted their training

Neither the provisions of any collective bargaining agreement, nor the failure by a unionwith whom the Contractor has a collective bargaining agreement, nor any agreement theContractor has with a joint apprenticeship and training committee, shall excuse theContractor’s obligations under these provisions Nor shall these sources exclude qualifiedminorities and women available for training for Work under this Contract

The training goal is not intended, and shall not be used, to discriminate against anyapplicant for training, whether members of a minority group or not

SECTION 4: Assigned Training Goal Disincentive

The Agency will insert an hourly price and quantity for the Pay Item "Training" This hourlyprice will be fixed

For purposes of determining the Contractor’s total Qualified Hours, any combination ofQualified Hours for OJT and Apprenticeship Training may be aggregated and summedtoward the training goal

If the total number of Qualified Hours earned by the Contractor fails to meet the traininggoal, this program contains a no payment clause (disincentive) according to Section 8below

Insert Type of Work Here

Section 5: Training Requirements

The intent of these provisions is to provide real and meaningful training in the constructioncrafts Off-Site training is permissible only when it is an integral part of an approved trainingprogram and does not comprise a significant part of the overall training In addition:

• The Contractor, not registered as a training agent, may choose to adopt astandardized OJT Program

• For non-standardized or new OJT Programs proposed by the Contractor, obtainapprovals prior to beginning On-Site Work with employees in the classificationscovered by the OJT Program

• OJT Programs may include carpenter trainee, cement mason trainee, ironworkertrainee, utility trainee, and construction assistant or others when training is orientedtoward construction vocations

• OJT Programs for laborers may be allowed if the Programs provide significant andmeaningful training

• OJT Programs in classifications such as flagger, bookkeeper, clerk/typist or secretaryare prohibited

• OJT Programs shall always maintain the approved ratio of trainees to journey levelworkers On-Site

• OJT Programs shall always maintain the approved types and numbers of equipmentOn-Site

• Where feasible, 25 percent of trainees shall be in the first year of an OJT Program foreach classification

• No employee shall be registered as a trainee in any classification they havecompleted leading to journey level status, or for any classification they have beenemployed as a journey level worker The Contractor shall keep records, and provide

to the Agency, if requested, documents on each trainee

• Trainees shall be pre-approved, registered, enrolled and working On-Site

OJT Program trainees shall be paid the journey level rate specified in the contract for thetype of work performed Apprenticeship Program trainees shall be paid the appropriaterates approved in connection with their stage in the Apprenticeship Training Program

A valid certification by an appropriate apprenticeship committee that the Contractor is anapproved training agent shall be prima facia proof of compliance

Insert Type of Work Here

• For OJT trainees, submit an "In-House Trainee Approval Request" (Form 731-0503)

to the Agency prior to the OJT trainee beginning work Attach a copy ofForm 731-0335, to Form 731-0503 The Contractor shall provide certification to thetrainee upon completion of the OJT Program and submit a copy to the Agency Office

of Civil Rights Upon completion of the Contract, a certification shall be given to eachtrainee and to the Agency to document the number of hours and training completed

by the individual

• By the tenth of each month, the Contractor shall submit to the Agency an "ODOTApprentice/Trainee Monthly Progress Record" (Form 731-0332) for each trainee.Use Form 731-0332 to report Qualified Hours for either OJT trainees or apprenticetrainees This will be the source document for estimated monthly progress payments

to the Contractor

• Contractor shall submit a "Monthly Employment Utilization Report" MEUR(Form 731-0394) by the tenth of each month This report is required of the Contractorand Subcontractors on Subcontracts valued $10,000 and above, regardless of theirparticipation in the apprenticeship or OJT Program

Forms are published on the Office of Civil Rights website at:

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/forms.shtml

Forms may also be obtained from the Office of Civil Rights by calling 503-986-4350

SECTION 7: Monitoring and Compliance

The Contractor has the primary responsibility to monitor compliance levels throughout theContract and to ensure the training goal is met If the Contractor decides any of the traininghours are to be provided by a Subcontractor, the Contractor shall ensure that theSubcontract contains the appropriate training clauses that obligate the Subcontractor Thisshall not relieve the Contractor of the Contractor’s primary responsibility

Meet with the Agency monthly to review the progress records or apprenticeship records.The Agency, through the monthly meetings and progress records or apprenticeship recordsprovided by the Contractor, will provide the Contractor with informational compliance andreimbursement data including:

• The Contractor’s training forecasts compared with the actual Qualified Hoursachieved

• Total Qualified Hours and payment reimbursement summary

• For information purposes only, the monthly summary reports by OJT trainee craft andapprenticeship craft

The Agency will track training activities provided by Contractor to the OJT trainees andapprentice trainees

SECTION 8: Measurement/Payment

Insert Type of Work Here

1 The Agency will establish the total Reimbursable OJT Program and ApprenticeshipTraining Program goal for the Project This number of training hours will not bereduced except by Contract Change Order

2 The Contractor is expected to utilize all of the training hours on this Project Checkthe training goal and the unit price in the Schedule of Items

3 If the Contractor achieves at least 100% of the goal, up to a maximum of 150% of thegoal, the Agency will reimburse the Contractor for the Qualified Hours times thePay Item price

Example: Agency goal = 1,000 hours; Pay Item = $20.00/hr; Contractor achieves anactual 1,525 Qualified Hours: therefore 1,500 hours x $20.00/hr = pay of $30,000

4 According to 00195, the Agency will pay for measured Pay Item quantities for

"Training" performed according to this Contract

5 After the Second Notification, the Agency will review the final reports required inSection 6 and make adjustments Any additional reimbursements will be paid on theFinal Estimate

6 If, at the Second Notification, the Contractor has not achieved the training goal therewill be no payment (disincentive) to the Contractor and no Qualified Hours as follows:Regardless of all prior partial payments for the Pay Item "Training", a correction equal

to 100% of the Pay Item goal times the Pay Item price will be subtracted from the finalpayment due the Contractor on the Final Payment voucher

Example: Agency goal = 1,000 hours; Pay Item = $20.00/hr; Contractor achieves anactual 500 Qualified Hours (failed to meet the goal): therefore1,000 hours x $20.00/hr = line item deduction of $20,000 will show on the FinalPayment voucher If, as a result of this line item deduction, a net amount is due theAgency, the Contractor shall pay the Agency within 45 Calendar Days of notice ofsuch deficiency

UNION PACIFIC RAILROAD COMPANY

CONTRACTOR REQUIREMENTS

(EXHIBIT C)

AND RAILWAY INSURANCE AND PROTECTIVE LIABILITY COVERAGE AGREEMENT

(EXHIBIT C-1)

1.01 General

1.01.01 The Contractor shall cooperate with Union Pacific Railroad Company

hereinafter referred to as "Railway" where work is over, under, on, or adjacent toRailway property and/or right-of-way, hereafter referred to as "Railway Property", duringthe construction of the bridge repairs for the Highway 2 Eastbound over Highway 100 &UPRR (Dodson) Bridge

1.01.02 The Contractor shall execute and deliver to the Railway duplicate copies of the

"Exhibit C-1" Agreement, obligating the Contractor to provide and maintain in full forceand effect the insurance called for under Section 2 of said "Exhibit C-1"

1.01.03 The Contractor shall plan, schedule and conduct all work activities so as not to

interfere with the movement of any trains on Railway Property

1.01.04 The Contractor's right to enter Railway Property is subject to the absolute right

of Railway to cause the Contractor's work on Railway Property to cease if, in the opinion

of Railway, the Contractor's activities create a hazard to Railway Property, employees,and/or operations

1.01.05 The Contractor is responsible for determining and complying with all Federal,

State and Local Governmental laws and regulations, including, but not limited toenvironmental, health and safety The Contractor shall be responsible for and indemnifyand save Railway harmless from all fines or penalties imposed or assessed by Federal,State and Local Governmental Agencies against the Railway which arise out of theContractor's work under this Agreement

1.01.06 The Contractor shall notify the Agency Project Manager, Jason Ruth BillBarnhart, and notify the Railway's Manager of Track Maintenance, Ryan Case at 503-249-2631, and the Railway’s Manager of Industry & Public Projects John Flynn at 503-249-3009, at least 30 working days before commencing any work on Railway Property.The Contractors notification to Railway, shall refer to Railway's File number (See ExhibitC-1 for the number)

1.01.07 The Contractor shall furnish the Railway five sets of working drawings showing

details of construction affecting Railway Property and tracks when:

 Any falsework is above any tracks

 Any excavations located within 25 feet of the nearest track or intersecting aslope from the plane of the top of rail on a 1 vertical to 1 1/2 horizontal slopebeginning at 7 feet 9 inches from the centerline of the nearest track, bothmeasured perpendicular to the center line of the track

The working drawing shall include the proposed method of installation and removal offalsework, shoring or cribbing, not included in the Contract plans and two sets ofstructural calculations of any falsework, shoring or cribbing All calculations shall takeinto consideration Railway surcharge loading and shall be designed to meet AmericanRailway Engineering and Maintenance-of-Way Association (previously known as

notified by the Railway that plans have been approved The Contractor shall berequired to use lifting devices such as cranes and/or winches to place or to remove anyfalsework over Railway tracks In no case shall the Contractor be relieved ofresponsibility for results obtained by the implementation of said approved plans.

1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the

Contractor such that the work may be handled and performed in an efficient manner.The Contractor shall have no claim whatsoever for any type of damages or for extra oradditional compensation in the event his work is delayed by the Railway

1.02 Agreement

1.02.01 No employee of the Contractor, its subcontractors, agents or invitees shall

enter Railway Property without first having attended Railway’s Contractor SafetyOrientation session The Contractor shall ensure that at a minimum its on-site ProjectSupervisor(s) have attended a Safety Orientation conducted by the Railway, or it'srepresentative, and that each of its employees, subcontractors, agents or invitees havereceived the same Safety Orientation through sessions conducted by or through theContractor before any work is performed on the Project The Contractor shall giveRailway a minimum of 30 days' advance notice for scheduling the Safety Orientation

1.03 Railway Requirements

1.03.01 The Contractor shall take protective measures as necessary to keep Railway

facilities, including track ballast, free of sand, debris, and other foreign objects andmaterials resulting from his operations Any damage to Railway facilities resulting fromthe Contractor's operations will be repaired or replaced by Railway and the cost of suchrepairs or replacement shall be paid for by the Contractor

1.03.02 The Contractor shall notify Ryan Case, the Railway's Manager of TrackMaintenance at 503-249-2631 and provide blasting plans to the Railway for reviewseven calendar days prior to conducting any blasting operations adjacent to or onRailway Property

1.03.03 The Contractor shall abide by the following clearances during construction:

 12 feet Horizontally from centerline of nearest track

 21 feet Vertically above top of rail

 27 feet Vertically above top of rail for electric wires carrying less than

No extra compensation will be allowed in the event the Contractor's work is delayedpending Railway approval, and/or ODOT approval.

1.03.05 In the case of impaired vertical clearance above top of rail, Railway shall have

the option of installing tell-tales or other protective devices Railway deems necessaryfor protection of Railway operations The cost of tell-tales or protective devices shall beborne by the Contractor

1.03.06 The details of construction affecting the Railway Property and tracks not

included in the Contract plans shall be submitted to the Railway by ODOT for approvalbefore work is undertaken and this work shall not be undertaken until approved by theRailway

1.03.07 At other than public road crossings, the Contractor shall not move any

equipment or materials across Railway tracks until permission has been obtained fromthe Railway The Contractor shall obtain a "Temporary Private Crossing Agreement"from the Railway prior to moving his equipment or materials across the Railway tracks.The temporary crossing shall be gated and locked at all times when not required for use

by the Contractor The temporary crossing for use of the Contractor shall be at theexpense of the Contractor

1.03.08 Discharge, release or spill on Railway Property of any hazardous substance in

excess of a reportable quantity or any hazardous waste is prohibited and the Contractorshall immediately notify the Railway's Representative Rick Sloan at 503-872-1824 or503-860-0302 (cell), of any discharge, release or spill The Contractor shall not allowRailway Property to become a treatment or storage facility as those terms are defined inthe Resource Conservation and Recovery Act or any state analogue

1.03.09 The Contractor, upon completion of the work covered by this Contract, shall

promptly remove from the Railway Property all tools, equipment, implements and othermaterials, whether brought upon the property by the Contractor or any subcontractor,employee or agent of the Contractor or of any subcontractor, and shall cause RailwayProperty to be left in a condition acceptable to the Railway representative

1.04 Contractor Safety Action Plan

1.04.01 Each Contractor shall develop and implement a Safety Action Plan which shall

be submitted to the Engineer and made available to the Railway prior tocommencement of any work on Railway Property During the performance of work, theContractor shall audit its compliance with the Safety Action Plan The Contractor shalldesignate an on-site Project Supervisor who shall serve as the contact person for theRailway and who shall maintain a copy of the Safety Action Plan and subsequent audits

at the job site for inspection and review by the Railway at any time during the course ofthe project The Safety Action Plan shall contain, but not be limited to the following:

 Contractor's Employee Safety

 Safety Orientation (Sec 1.02.01)

 Job Briefings (Sec1.06.01 & 1.06.02)

 Protection of Contractor Employees working nearer than 25 feet from any track(Sec 1.06.03)

 Work After Hours (Sec 1.06.04)

 Contractor Employee Training

 Personal Injury Reporting (Sec 1.09)

 Accident Investigation and Analysis

 High Risk Work Areas/Situations

 Notification of Damage to Railway property or hazards that could effect the safeoperation of trains (Sec 1.06.06)

 Falsework/Shoring affecting the integrity of tracks (Sec 1.01.06)

 Clearances affecting the integrity of train operations (Sec 1.03.03)

 Moving Equipment and Materials across Railway's tracks (Sec 1.03.07)

 Security of Machines, Equipment and Vehicles (Sec 1.06.10)

 Power line Safety (Sec 1.06.12)

 Excavation Safety (Sec 1.07)

 High Risk Employees

 Alcohol and Drug Use (Sec 1.06.05)

 Firearms or Deadly Weapons (Sec 1.06.07)

 Property Damage, Housekeeping and Clean-up (Sec 1.03.01 and 1.03.09)

 Storage of Materials (Sec 1.06.09)

 Facility Auditing

 Compliance with Laws (Sec 1.01.04)

 Hazardous Substances and Materials

 Discharges, Releases and Spills (Sec 1.03.08)

 Hazardous Materials encountered in excavations (Sec 1.08)

1.05 Protection of Railway Facilities and Railway Flagger Services

1.05.01 The Contractor shall give a minimum of 14 working days notice to theManager of Track Maintenance, Ryan Case, at 503-249-2631, in advance of whenflagging services will be required

1.05.02 Railway flagger and/or protective services and devices will be required and

furnished when the Contractor's work activities are located over, under, or within 25 feetmeasured horizontally from centerline of the nearest track and when cranes or similarequipment positioned outside of 25 feet horizontally from track centerline that could foulthe track in the event of tip over or other catastrophic occurrence, but not limited theretofor the following conditions:

1.05.02a When in the opinion of the Railway representative it is necessary to

safeguard Railway Property, employees, trains, engines and facilities

1.05.02b When any excavation is performed below the bottom of tie elevation, if, in

the opinion of Railway representative, track or other Railway facilities may besubject to movement or settlement

1.05.02c When work in any way interferes with the safe operation of trains at

timetable speeds

1.05.02e Special permission shall be obtained from the Railway before moving

heavy or cumbersome objects or equipment which might result in making the trackimpassable

1.05.03 Flagging services shall be performed by qualified Railway flaggers.

1.05.03a Flagging crew generally consists of one employee However, additional

personnel may be required to protect Railway Property and operations, if deemednecessary by the Railway representative

1.05.03b Each time a flagger is called, the minimum period for billing shall be the

eight hour basic day

1.05.03c The cost of flagger services provided by the Railway, when deemed

necessary by the Railway representative, will be borne by ODOT according toODOT's special provision subsection 00170.01(e)

1.06 Contractor General Safety Requirements

1.06.01 Work in the proximity of railway track(s) is potentially hazardous where

movement of trains and equipment can occur at any time and in any direction All workperformed by the Contractor within 25 feet of any track shall be in compliance with FRARoadway Worker Protection Regulations

1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing

shall be conducted with all personnel involved with the task and repeated when thepersonnel or task changes If the task is within 25 feet of any track, the job briefingmust include the Railway's flagger and include the procedures the Contractor will use toprotect its employees, subcontractors, agents or invitees from moving any equipmentadjacent to or across any Railway track(s)

1.06.03 Workers shall not work nearer than 25 feet to the centerline of any track

without proper flag/work protection provided by the Railway, unless the track isprotected by track bulletin and work has been authorized by the Railway If flag/workprotection is provided, every Contractor employee must know:

(1) who the Railway flagger is, and how to contact the flagger,

(2) limits of the flag/work protection,

(3) the method of communication to stop and resume work and,

(4) entry into flag/work limits when designated

Workers or workers with equipment entering flag/work limits that were not previously jobbriefed, shall notify the flagger immediately, and be given a job briefing if working at lessthan 25 feet from center line of track

1.06.05 Any Contractor employee, subcontractors employee, agents or invitees under

suspicion of being under the influence of drugs or alcohol, or in the possession of same,will be removed from the Railway Property and subsequently released to the custody of

a representative of Contractor management Future access to the Railway Property bythat employee will be denied

1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains,

shall be reported immediately to the Railway representative in charge of the project.Any vehicle or machine which may come in contact with a track, signal equipment, orstructure (bridge) could result in a train derailment and shall be reported by the quickestmeans possible to the Railway representative in charge of the project and to RyanCase, the Railway's Manager of Track Maintenance at 503-249-2631 Local emergencynumbers are to be obtained from the Railway representative in charge of the projectprior to the start of any work and shall be posted at the job site

1.06.07 All persons are prohibited from having a pocket knife with blade in excess of

3 inches, firearms or other deadly weapons in their possession while working onRailway Property

1.06.08 All personnel protective equipment used on Railway Property shall meet

applicable OSHA and ANSI specifications Railway personnel protective equipmentrequirements are:

a) safety glasses: permanently affixed side shields; no yellow lenses,

b) hard hats with high visibility orange cover,

c) safety shoes: hardened toe, above-the-ankle lace-up with a defined heel and,d) high visibility retro-reflective orange vests are required as specified by theRailway representative in charge of the project

Hearing protection, fall protection and respirators shall be worn as required by Stateand Federal regulations

1.06.09 The Contractor shall not pile or store any materials, machinery or equipment

closer than 25 feet to the center line of the nearest Railway track At highway/rail grade crossings, materials, machinery or equipment shall not be stored or lefttemporarily which interfere with the sight distances of motorists approaching thecrossing Prior to beginning work, the Contractor shall establish a storage area withconcurrence of the Railway representative

at-1.06.10 Machines or vehicles shall not be left unattended with the engine running.

Parked machines or equipment shall be in gear with brakes set Lower all blades, pans

or buckets to the ground All machinery and equipment left unattended on RailwayProperty shall be left inoperable and secured against movement

1.06.11 Workers shall not create and leave any conditions at the work site that would

interfere with water drainage Any work performed over water shall meet all Federal,State and Local regulations

 15 feet For 200 KV or under.

 20 feet For 200 to 350 KV

 25 feet For 350 to 500 KV

 35 feet For 500 to 750 KV

 45 feet For 750 to 1000KV or if capacity of the line is not known

A person shall be designated to observe clearance of the equipment and give a timelywarning for all operations where it is difficult for an operator to maintain the desiredclearance by visual means

1.07 Excavation

1.07.01 Before excavating, it shall be ascertained by the Contractor if there are any

underground pipe lines, electric wires, or cables, including fiber optic cable systems thateither cross or run parallel with the track which are located within the Project's workarea Excavating on Railway Property could result in damage to buried cables resulting

in delay to Railway traffic, including disruption of service to users resulting in businessinterruptions involving loss of revenue and profits Before any excavation commences,the Contractor shall contact the Railway's Signal Supervisor Joe Cobarrubia at 503-249-

2237 and Ryan Case at 503-249-2631 All underground and overhead wires shall beconsidered HIGH VOLTAGE and dangerous until the Contractor verifies with thecompany having ownership of the line It is also the Contractor's responsibility to notifyany other companies that have underground utilities in the area and arrange for thelocation of all underground utilities before excavating

1.07.02 The Contractor shall cease all work and the Railway shall be notified

immediately before continuing excavation in the area if obstructions are encounteredthat do not appear on drawings If the obstruction is a utility, and the owner of the utilitycan be identified, then the owner shall also be notified immediately If there is anydoubt about the location of underground cables or lines of any kind, no work shall beperformed until the exact location has been determined There will be no exceptions tothese instructions

1.07.03 All excavations shall be conducted in compliance with applicable OSHA

regulations and regardless of depth shall be shored where there is any danger to tracks,structures or personnel

1.07.04 Any excavations, holes or trenches on the Railway Property shall be covered,

guarded and/or protected when not being worked on When leaving work site areas atnight and over weekends, the areas shall be secured and left in a condition that willensure that Railway employees and other personnel who may be working or passingthrough the area are protected from all hazards All excavations shall be backfilled assoon as possible

1.08 Hazardous Waste, Substances and Material Reporting

any surface water, swamp, wetlands or waterways, while performing any work underthis Agreement, the Contractor shall immediately:

(a) notify Rick Sloan at 503-872-1824 of such discovery,

(b) take safeguards necessary to protect its employees, subcontractors, agentsand/or third parties and,

(c) exercise due care with respect to the release, including the taking of anyappropriate measure to minimize the impact of such release

1.09 Personal Injury Reporting

1.09.01 The Railway is required to report certain injuries as a part of compliance with

Federal Railroad Administration (FRA) reporting requirements Any personal injurysustained by an employee of the Contractor, subcontractor or Contractor's inviteeswhile on the Railway Property shall be reported immediately (by phone or mail if unable

to contact in person) to the Railway representative in charge of the project TheNon-Employee Personal Injury Data Collection Form included at the end of

"Exhibit C-1" is to be completed and sent by Fax to the Railway at and to the Railwayrepresentative no later than the close of shift on the date of the injury

Agreement Between

Union Pacific Railroad Company

ANDThe ContractorUnion Pacific Railroad Company

John TrumbullFlynn, Public Projects Manager

In the performance of which work the Contractor will necessarily be required to conduct

operations within Union Pacific Railroad Company ("Railway"), right of way and property

("Railway Property") The Contract provides that no work shall be commenced withinRailway Property until the Contractor employed in connection with said work for ODOT shallhave executed and delivered to Railway an Agreement, in the form hereof, and shall haveprovided insurance of the coverage and limits specified in said Contract and Section 2 ofthis Agreement If this Agreement is executed by other than the Owner, General Partner,President or Vice President of Contractor, evidence is furnished to you herewith certifyingthat the signatory is empowered to execute this Agreement for the Contractor

Accordingly, as one of the inducements to and as part of the consideration for Railwaygranting permission to Contractor to enter upon Railway Property, Contractor, effective onthe date of said Contract, has agreed and does hereby agree with Railway as follows:

Section 1 - RELEASE OF LIABILITY AND INDEMNITY

Contractor agrees to release Railway from any claims arising from the performance of thisAgreement which Contractor or any of its employees, subcontractors, agents or inviteescould otherwise assert against Railway, regardless of the negligence of Railway, except tothe extent that such claims are proximately caused by the intentional misconduct or grossnegligence of Railway

Contractor shall indemnify and hold harmless Railway for all judgments, awards, claims,demands, and expenses (including attorneys' fees), for injury or death to all persons,including Railway's and Contractor's officers and employees, and for loss and damage toproperty belonging to any person, arising in any manner from Contractor's or any ofContractor's subcontractors' acts or omissions or failure to perform any obligationhereunder THE LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED