SPS13704 I405 Fremont Br Marquam Br 3-20-09 (final w add)

Section 1: On-the-Job Training Policy Statement The Contractor shall take all necessary and reasonable steps to ensure that minorities andwomen have the opportunity to compete for and pa

OREGON DEPARTMENT OF TRANSPORTATION

SALEM, OREGON

TYPE OF WORKPAVING, GUARDRAIL, SIGNING, ILLUMINATION &

RAMP METERS SECTIONI-405: FREMONT BRIDGE - MARQUAM BRIDGE

HIGHWAYSTADIUM FREEWAY COUNTYMULTNOMAH COUNTY BID DATEAPRIL 16, 2009

CLASS OF PROJECT FEDERAL AID NUMBER OR "STATE" IM-S061(009) CLASS OF WORK EITHER: A) FROM CLASS OF WORK

SHEET ELECTRICAL ASPHALT CONCRETE PAVING AND OILING , or B) ELECTRICAL BID OF

DESCRIPTION OF WORK

Paving, Guardrail, Signing, Illumination & Ramp Meters (Kind of Work)

I-405: Fremont Bridge - Marquam Bridge Section

Stadium Freeway Highway Multnomah 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 the16th day of April _, 2009

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

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 December 30,2009 _

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 theblue "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 either: A) Asphalt Concrete Paving and Oiling, orB) Electrical

(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

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

PAVING, GUARDRAIL, SIGNING, ILLUMINATION & RAMP METERS

I-405: FREMONT BRIDGE - MARQUAM BRIDGE

STADIUM FREEWAY MULTNOMAH COUNTY APRIL 16, 2009 KIND OF WORK SECTION HIGHWAY COUNTY

A MANDATORY PRE-BID MEETING WILL BE HELD ON MARCH 31, 2009, FROM 9 AM TO NOON AT THE BARLOW SCHOOL CONSTRUCTION

OFFICE, 3700 SE 92ND AVE, PORTLAND, OREGON

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

This Project Includes 2009 American

Recovery & Reinvestment Act (ARRA)

Stimulus Funding

Section _ Highway _ 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, Bldg E, Salem, Oregon 97301-5348, at 9:00 a.m onthe 16th day of April , 20 09

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

(Option 3 When there are two completion times, use the following Delete what does not apply Remove parentheses in the second paragraph as needed.)

There are two Contract Times on this Project as follows:

(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 December 30,2009

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 theblue "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 either: A) Asphalt Concrete Paving and Oiling, orB) Electrical

The Class of Work for this Project is: Electrical _

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

Signing

PROJECT INFORMATION

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.)

Ron Larson (Name) , Project Manager, 5681 SW Arctic Drive, Beaverton97005; _(Address) _, _(City and Zip) _; Phone: 503.641.8723, Ext.22 (ph one number)

Street _(Address) _, Portland 97209-4012 _(City and Zip) _; Phone: 503.731.4998 (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.)

(Consultant or Local Agency Name) , Project Manager, (Consultant Company Name 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

AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDING 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

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

ON-THE-JOB TRAINING (Use when there is only on-the-job training Obtain

information from the Office of Civil Rights.)

when reimbursable OJT and apprenticeship training is required Obtain information from the Office of Civil Rights.)

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

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 3

SECTION 00140 - SCOPE OF WORK 3

SECTION 00150 - CONTROL OF WORK 3

SECTION 00160 - SOURCE OF MATERIALS 5

SECTION 00165 - QUALITY OF MATERIALS 5

SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES 5

SECTION 00180 - PROSECUTION AND PROGRESS 6

SECTION 00190 - MEASUREMENT OF PAY QUANTITIES 9

SECTION 00195 - PAYMENT 10

SECTION 00196 - PAYMENT FOR EXTRA WORK 13

SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK 13

SECTION 00199 - DISAGREEMENTS, PROTESTS, AND CLAIMS 13

SECTION 00210 - MOBILIZATION 14

SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC 14

SECTION 00225 - WORK ZONE TRAFFIC CONTROL 18

SECTION 00280 - EROSION AND SEDIMENT CONTROL 20

SECTION 00290 - ENVIRONMENTAL PROTECTION 21

SECTION 00291 – REMOVAL AND DISPOSAL OF LAMP BALLASTS 23

SECTION 00292 - REMOVAL AND DISPOSAL OF FLUORESCENT LIGHT TUBES 26

SECTION 00297 - REMOVAL AND DISPOSAL OF PAINTED LIGHT POLES 28

SECTION 00305 - CONSTRUCTION SURVEY WORK 31

SECTION 00310 - REMOVAL OF STRUCTURES AND OBSTRUCTIONS 48

SECTION 00440 - COMMERCIAL GRADE CONCRETE 49

SECTION 00442 - CONTROLLED LOW STRENGTH MATERIALS 49

SECTION 00490 - WORK ON EXISTING SEWERS AND STRUCTURES 49

SECTION 00501 - BRIDGE REMOVAL 50

SECTION 00503 - BRIDGE DECK COLD PLANE PAVEMENT REMOVAL 50

SECTION 00512 - DRILLED SHAFTS 50

SECTION 00530 - STEEL REINFORCEMENT FOR CONCRETE 51

SECTION 00535 - RESIN BONDED ANCHOR SYSTEMS 51

SECTION 00540 - STRUCTURAL CONCRETE 51

SECTION 00560 - STRUCTURAL STEEL BRIDGES 61

SECTION 00584 - ELASTOMERIC CONCRETE NOSING 61

SECTION 00585 - EXPANSION JOINTS 61

SECTION 00620 - COLD PLANE PAVEMENT REMOVAL 63

SECTION 00622 - GRINDING CONCRETE PAVEMENT 63

SECTION 00730 - EMULSIFIED ASPHALT TACK COAT 67

SECTION 00745 - HOT MIXED ASPHALT CONCRETE (HMAC) 67

SECTION 00747 – STONE MATRIX ASPHALT CONCRETE (SMA) 72

SECTION 00748 - ASPHALT CONCRETE PAVEMENT REPAIR 101

SECTION 00758 - REINFORCED CONCRETE PAVEMENT REPAIR 101

SECTION 00759 - MISCELLANEOUS PORTLAND CEMENT CONCRETE STRUCTURES 113

SECTION 00810 - METAL GUARDRAIL 114

SECTION 00820 - CONCRETE BARRIER 114

SECTION 00850 - COMMON PROVISIONS FOR PAVEMENT MARKINGS 115

SECTION 00851 - PAVEMENT MARKING REMOVAL 115

SECTION 00865 - LONGITUDINAL PAVEMENT MARKINGS - DURABLE 115

SECTION 00867 - TRANSVERSE PAVEMENT MARKINGS - LEGENDS AND BARS 116

SECTION 00905 - REMOVAL AND REINSTALLATION OF EXISTING SIGNS 117

SECTION 00910 - WOOD SIGN POSTS 117

SECTION 00920 - SIGN SUPPORT FOOTINGS 117

SECTION 00930 - METAL SIGN SUPPORTS 118

SECTION 00940 - SIGNS 120

SECTION 00950 - REMOVAL OF ELECTRICAL SYSTEMS 121

SECTION 00960 - COMMON PROVISIONS FOR ELECTRICAL SYSTEMS 121

SECTION 00962 - METAL ILLUMINATION AND TRAFFIC SIGNAL SUPPORTS .121

SECTION 00970 - HIGHWAY ILLUMINATION 122

SECTION 00990 - TRAFFIC SIGNALS 122

SECTION 02110 - POSTS, BLOCKS, AND BRACES 123

SECTION 02910 - SIGN MATERIALS 123

SECTION 02920 - COMMON ELECTRICAL MATERIALS 123

SECTION 02926 - HIGHWAY ILLUMINATION MATERIALS 124

COATING SYSTEM WARRANTY AND PERFORMANCE BOND (Use only on

maintenance coating projects.)

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 Affirmative ActionRequirements for Women and Minorities on Federal-Aid Contracts", the Contractor shallprovide immediate written notification to the Engineer when the union or unions with whichthe Contractor has a collective bargaining agreement has not referred to the Contractorminorities or women sent by the Contractor, or when the Contractor has other informationthat the union referral process has impeded the Contractor's efforts to meet its equalopportunity 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

"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

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(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

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ASSIGNED MWESB ASPIRATIONAL TARGETS

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

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

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SP OJT FED (03-31-08)

(Use this OJT provision when required by the Office of Civil Rights Be sure that the page number in the footer below begins at "Page 1" When this provision is used, be sure to include an OJT bid item.)

FEDERAL ON-THE-JOB TRAINING SPECIAL PROVISIONS

This On-the-Job Training (OJT) special provision supersedes subparagraph 7e of the

"On-Site Workforce Affirmative Action Requirements for Women and Minorities onFederal-Aid Contracts" and is in implementation of 23 U.S.C 140(a) All other provisionsapply

Section 1: On-the-Job Training Policy Statement

The Contractor shall take all necessary and reasonable steps to ensure that minorities andwomen have the opportunity to compete for and participate as trainees or apprentices and

to develop as journey-level workers in the type of trade or job classification employed.Contractors may use either a Bureau of Labor and Industries (BOLI) apprenticeship ortraining program, or develop their own on-the-job training program approved by OregonDepartment of Transportation (ODOT) and Federal Highway Administration (FHWA) tosatisfy this OJT requirement

Section 2: Affirmative Action Requirement

Training and upgrading minorities and women in highway construction trades is the primarygoal of these special provisions This shall be accomplished by making systematic anddirect recruitment efforts through public and private sources that are likely to yield minoritiesand women available for training on the work under this contract

When filling these training positions, Contractors and subcontractors are encouraged to hirewomen and minorities who have previously been approved to participate in the On-the-JobTraining Program and have not yet completed their training, or who are currently registered

in a BOLI-approved apprenticeship or training program

Whenever minorities or women are not placed in training positions specified in thesespecial provisions, the Contractor shall provide documented evidence of its affirmativeaction recruitment efforts ODOT will review the Contractor’s recruitment efforts todetermine whether the Contractor has satisfied the Good Faith criteria specified in the

"On Site Workforce Affirmative Action Requirements for Women and Minorities onFederal-Aid Contracts"

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 special provisions

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

Whenever trainees or apprentices are terminated, the Contractor shall provide documentedevidence to the Project Manager that shows cause for the termination or voluntaryseparation

Section 3: Assigned On-the-Job Training Positions

(Enter the number of OJT positions in the blank Obtain the number from ODOT Office of Civil Rights.)

The number of on-the-job training positions required under these special provisions is .The ratio of apprentices to journey level workers shall be in accordance with the acceptedstandards for the particular craft or occupation For OJT programs developed by theContractor, the ratio of trainees to journey level workers shall be spelled out in the trainingprogram and are subject to approval by ODOT and FHWA

Whenever a portion of the contract work is subcontracted, the Contractor shall determinehow many, if any, of the trainees or apprentices are to be trained by the subcontractor TheContractor, however, shall retain the responsibility for meeting the training requirements ofthese special provisions and shall also ensure that these provisions apply to eachsubcontract to which training positions are assigned

A Contractor’s request to substitute an on-the-job training position from one craft to anothercraft must be approved by ODOT’s Office of Civil Rights

Section 4: Training Requirements

The intent of these provisions is to provide real and meaningful training in the constructioncrafts rather than clerical or secretarial positions Training in classifications such as flagger,bookkeeper, clerk/typist or secretary is not permissible Training is permissible in lowerlevel management positions such as office engineers, estimators, etc., where the training isoriented toward construction applications and is approved by the Federal HighwayAdministration Off-site training is permissible only when it is an integral part of anapproved training program, meets the criteria under Section 8, paragraph 4 of these specialprovisions, and does not comprise a significant part of the overall training

The Contractor must have and maintain at all times sufficient equipment and fully trainedjourney level workers to train apprentices or trainees in the work processes and comply withthese special provisions A valid certification by an appropriate apprenticeship committeethat the Contractor is an approved training agent shall be prima facie proof of compliancewith this requirement

Section 5: Training/Apprenticeship Programs

Training under these provisions shall be conducted in accordance with a training programsubmitted by the Contractor and approved by ODOT's Office of Civil Rights and the FederalHighway Administration (FHWA) OJT programs for which the Contractor has obtained

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approval of BOLI’s Oregon State Apprenticeship and Training Council shall be acceptedunder these provisions

Training Programs (ODOT Form 731-0335) shall be submitted at the pre-constructionconference ODOT will track training activities provided by the Contractor to traineesworking under an approved training program The Contractor shall provide ODOT withmonthly progress reports for all trainees working under an approved training program

Trainees shall be paid at least 60% of the appropriate minimum journey level rate specified

in the contract for the first half of the training period, 75% for the third quarter of the trainingperiod, and 90% for the last quarter of the training period If apprentices are enrolled inBOLI-registered program, the appropriate rates approved by the Department of Labor or inconnection with the apprenticeship program shall apply to all trainees being trained for thesame classification who are covered by this special provision

Each individual Training Program must be approved by ODOT’s Office of Civil Rights prior

to commencing work in the craft in which the trainee will be trained The Contractor orsubcontractor who is training an individual not enrolled in an apprenticeship program must

be able to certify in some manner that the trainee has completed an on-the-job trainingprogram This certification will be provided to the trainee and a copy to ODOT’s Office ofCivil Rights upon completion of the training program

 By the 10th of each month, an Apprentice/Trainee Monthly Progress Record (Form731-0332) for each person participating in the On-the-Job Training Program,completed and signed by the trainee The Monthly Progress Record that aContractor or subcontractor routinely sends to an apprenticeship program may beused in lieu of the ODOT Apprentice/Trainee Monthly Progress Record

 By the 10th of each month, an Employment Utilization Report (Form 731-0394).This report reflects work hours by craft, race and gender This report is required ofall Contractors and subcontractors on contracts valued $10,000 and above,regardless of their participation in the OJT Program

 Upon completion of the contract, document to trainee and ODOT the amount andtype of training completed

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All required forms will be sent to the Contractor and ODOT Project Manager by the Office ofCivil Rights at the time of contract award Additional forms may be obtained from the Office

of Civil Rights by calling (503) 986-4350

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Section 7: Monitoring and Compliance

ODOT will monitor the Contractor’s actions for compliance with these special provisions.Actions, which will be monitored, include:

 Employment of trainees as required for this contract

 Demonstration of Good Faith Efforts when contractually required training provisionsare not filled with affirmative action candidates

 Maintenance of the records and submission of the reports required by theseprovisions

If the Contractor does not comply with these special provisions, ODOT may withholdprogress payments until compliance with the above is achieved, or impose other lawfulremedies, including holding the Contractor in breach Two breaches of contract exposesthe Contractor to revocation of ODOT’s prequalification status and/or disqualification fromall State of Oregon public contracting opportunities

If subcontractors participate in the OJT Program, the Contractor will be responsible for thesubcontractor’s compliance with the requirements of these special provisions in accordancewith Section 00180.10 of the Supplemental Specifications

Section 8: Measurement and Payment

The pay quantity for On-the-Job Training will be measured by the actual number of hours oftraining provided, measured to the nearest one-half hour

Except as otherwise noted below, the Contractor will be paid training provided to anemployee approved by ODOT and trained in accordance with an approved trainingprogram The Contractor must obtain approval from ODOT to overrun OJT bid item hoursbeyond the quantity shown in the bid schedule in order to be eligible for reimbursement.Payment may be made for training persons in excess of the number specified in Section 3,provided the following has been approved by ODOT prior to the date that excess trainingcommences

 The number, names, gender and race of additional trainees

 The craft(s) in which training is to be provided

 A training program for each trainee

 If not minority or female, documentation of good faith efforts to recruit minorities andwomen in proposed positions

Payment for training under these provisions will be made even though the Contractorreceives additional training program funds from other sources, provided such other sources

do not specifically prohibit the Contractor from receiving other reimbursement.Reimbursement for off-site training will only be made where the Contractor does one ormore of the following and the trainees/apprentices are concurrently employed in a Federal-aid project:

 Contributes to the cost of the training

 Provides the instruction to the trainee/apprentice

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 Pays the trainee’s/apprentice’s wage during the off-site training period

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Payments made to the Contractor may be recalled if either the failure to provide therequired training, or the failure to hire the trainee/apprentice upon completion of thecontractor’s OJT program is caused by the Contractor’s lack of Good Faith Efforts inmeeting the requirements of the special provisions Such lack of Good Faith Efforts shallconstitute non-compliance and may lead to Breach of Contract

The item "On-the-Job Training" will be paid in full for training provided and properlydocumented, in conformance with these provisions

No payment for training will be made until the Contractor has submitted all requireddocumentation and approved by ODOT

The item "On-the-Job Training" is intended to cover the Contractor’s additional costsassociated with administering the On-the-Job Training provisions of this contract The On-the-Job Training bid item is not intended to reimburse the Contractor for actual costs nor forthe hourly wage or fringe benefits of the trainee

********

June 2006

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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

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

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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

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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 Programfor each 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 toeach trainee and to the Agency to document the number of hours and trainingcompleted 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 theContractor and Subcontractors on Subcontracts valued $10,000 and above,regardless of their participation 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 craftand apprenticeship 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

OREGON DEPARTMENT OF TRANSPORTATION

Section Highway _ County

(The preparer of these special provisions signs and dates the acknowledgement ofcompliance below The preparer may or may not hold a PE stamp If the preparer doeshold a PE stamp and also takes responsibility for all or part of the various Sections, thepreparer will also apply the PE stamp and sign under the "PROFESSIONAL OF RECORDCERTIFICATION(S)" and also sign the acknowledgement of compliance on the followingpage(es).)

CONSOLIDATED SPECIAL PROVISIONS

As the preparer of the consolidated specifications for this Project I acknowledge compliance

with the "Modified Exemption from DOJ Legal Sufficiency Review and Approval for ODOT

Highway Construction Contracts" dated July 11, 2008.

Grading, Paving, Signing, Illumination and SignalsI-405: Fremont Bridge - Marquam Bridge Section

Stadium FreewayMultnomah County _(Kind of Work (as shown on plans)) _

Section Highway _ County

PROFESSIONAL OF RECORD CERTIFICATION(s):

Seal w/signature I certify the Special Provision Sections listed below were

prepared by me or under my supervision:

Section (fill in section number(s) here) _

Signature

I also acknowledge compliance with Part 2(b) and Part 2(e) of

the "Modified Exemption from DOJ Legal Sufficiency Review

and Approval for ODOT Highway Construction Contracts" dated

July 11, 2008.

Seal w/signature I certify the Special Provision Sections listed below were

prepared by me or under my supervision:

Section (fill in section number(s) here) _

Signature

I also acknowledge compliance with Part 2(b) and Part 2(e) of

the "Modified Exemption from DOJ Legal Sufficiency Review

and Approval for ODOT Highway Construction Contracts" dated

July 11, 2008.