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					                     BID BOOKLET
           FOR HIGHWAY CONSTRUCTION




   OREGON DEPARTMENT OF TRANSPORTATION
              SALEM, OREGON




                 STRUCTURES & SIGNING

               REGION 5 ITS PROJECTS 2010

          OLD OREGON TRAIL & I.O.N. HIGHWAYS

          UMATILLA, UNION & MALHEUR COUNTIES

                     MARCH 11, 2010


CLASS OF PROJECT X-STP-S000(545)
CLASS OF WORK EITHER: A) BRIDGES AND STRUCTURES, OR B)
ELECTRICAL
BID OF
                                 DESCRIPTION OF WORK


                                     Structures & Signing
                                 Region 5 ITS Projects 2010
                             Old Oregon Trail & I.O.N. Highways
                             Umatilla, Union & Malheur Counties


                          TIME AND PLACE OF RECEIVING BIDS


Bids for the work described above will be opened and read at the Oregon Department of
Transportation, 455 Airport Road SE, Building E, Salem, Oregon, at 9:00 a.m. on the 11th
day of March, 2010.

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 above
address or to:
Oregon Department of Transportation
455 Airport Road SE, Building E
Salem, Oregon.

                                 COMPLETION TIME LIMIT


Complete all Work to be done under the Contract not later than April 30, 2011.


                                    CLASS OF PROJECT

This is a Federal-Aid Project.

                                     CLASS OF WORK


The Class of Work for this Project is either: A) Bridges and Structures, or B) Electrical.

                           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 different
description, date(s), class of project, or class of work.
         SPECIAL PROVISIONS
     FOR HIGHWAY CONSTRUCTION




OREGON DEPARTMENT OF TRANSPORTATION
            SALEM, OREGON




           STRUCTURES & SIGNING

         REGION 5 ITS PROJECTS 2010

     OLD OREGON TRAIL & I.O.N. HIGHWAYS

    UMATILLA, UNION & MALHEUR COUNTIES

               MARCH 11, 2010
                                 DESCRIPTION OF WORK


                                     Structures & Signing
                                 Region 5 ITS Projects 2010
                             Old Oregon Trail & I.O.N. Highways
                             Umatilla, Union & Malheur Counties


                          TIME AND PLACE OF RECEIVING BIDS


Bids for the work described above will be opened and read at the Oregon Department of
Transportation, 455 Airport Road SE, Bldg. E, Salem, Oregon 97301-5348, at 9:00 a.m. on
the 11th day of March, 2010.


                                 COMPLETION TIME LIMIT


Complete all Work to be done under the Contract not later than April 30, 2011.


                                    CLASS OF PROJECT


This is a Federal-Aid Project.


                                     CLASS OF WORK


The Class of Work for this Project is either: A) Bridges and Structures, or B) Electrical.


                                 PROJECT INFORMATION


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

Paul Woodworth, Project Manager, 1390 SE 1st Ave., Ontario 97914-3008; Phone (541)
889-8558.

Frank Reading, Area Manager, 3012 Island Ave., 104, LaGrande 97850-9497; Phone (541)
963-1328.
Region 5 ITS Projects 2010
Structures and Signing

                        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
DBE AND MWESB PROVISIONS
ASSIGNED CONTRACT GOAL AND TARGET
INDIAN PREFERENCE IN EMPLOYMENT ON FEDERAL-AID PROJECTS
INDIAN EMPLOYMENT PREFERENCE GOAL AND COMPLIANCE FEE
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 ........................................ 2
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 ....................................................... 7
SECTION 00190 - MEASUREMENT OF PAY QUANTITIES .............................................. 9
SECTION 00195 - PAYMENT ............................................................................................. 9
SECTION 00196 - PAYMENT FOR EXTRA WORK ...........................................................10
SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK ........................................10
SECTION 00199 - DISAGREEMENTS, PROTESTS, AND CLAIMS ..................................10
SECTION 00210 - MOBILIZATION ....................................................................................11
SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC ....................................11
SECTION 00225 - WORK ZONE TRAFFIC CONTROL .....................................................11
SECTION 00280 - EROSION AND SEDIMENT CONTROL ...............................................13
SECTION 00290 - ENVIRONMENTAL PROTECTION ......................................................13
SECTION 00305 - CONSTRUCTION SURVEY WORK .....................................................15
SECTION 00320 - CLEARING AND GRUBBING ...............................................................16
SECTION 00330 - EARTHWORK ......................................................................................16
SECTION 00340 - WATERING ..........................................................................................17
SECTION 00440 - COMMERCIAL GRADE CONCRETE ...................................................18
SECTION 00442 - CONTROLLED LOW STRENGTH MATERIALS ..................................18
SECTION 00640 - AGGREGATE BASE AND SHOULDERS .............................................19
SECTION 00730 - EMULSIFIED ASPHALT TACK COAT..................................................20
SECTION 00744 - MINOR HOT MIXED ASPHALT CONCRETE (MHMAC)
            PAVEMENT ..............................................................................................20
SECTION 00749 - MISCELLANEOUS ASPHALT CONCRETE STRUCTURES ................22
SECTION 00810 - METAL GUARDRAIL............................................................................23
SECTION 00905 - REMOVAL AND REINSTALLATION OF EXISTING SIGNS .................24
SECTION 00910 - WOOD SIGN POSTS ...........................................................................24
SECTION 00920 - SIGN SUPPORT FOOTINGS ...............................................................24
SECTION 00930 - METAL SIGN SUPPORTS ...................................................................24
SECTION 00940 - SIGNS ..................................................................................................25



                                                             i
Region 5 ITS Projects 2010
Structures and Signing

SECTION 00942 - CURVE WARNING SIGNS STRUCTURAL COMPONENTS ................25
SECTION 00952 - CURVE WARNING SIGNS...................................................................28
SECTION 00957 - BASIC ELECTRICAL MATERIALS, METHODS AND SERVICE ...........47
SECTION 00960 - COMMON PROVISIONS FOR ELECTRICAL SYSTEMS ....................49
SECTION 00995 - CHAIN-UP AREA WIRELESS ILLUMINATION CONTROL ..................49
SECTION 02030 - MODIFIERS .........................................................................................56
SECTION 02110 - POSTS, BLOCKS, AND BRACES ........................................................56
SECTION 02630 - BASE AGGREGATE ............................................................................57
BID SCHEDULE




                                                         ii
Region 5 ITS Projects 2010
Structures and Signing




                         ASSIGNED DBE CONTRACT GOAL

        FOR African American Disadvantaged Business Enterprise (AFDBE)
        AND Asian American Disadvantaged Business Enterprise (ASDBE)




        The assigned minimum DBE (AFDBE/ASDBE) goal for this Project is 0%.


             (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 Small
Business (OMWESB) web site at       http://www4.cbs.state.or.us/ex/dir/omwesb/ or by
telephone at (503) 947-7924.
Region 5 ITS Projects 2010
Structures and Signing




                   ASSIGNED MWESB ASPIRATIONAL TARGETS




             The assigned MWESB aspirational target for this Project is N/A




An MWESB Directory is available from the Office of Minority, Women and Emerging Small
Business (OMWESB) web site at       http://www4.cbs.state.or.us/ex/dir/omwesb/  or by
telephone at (503) 947-7924.
Region 5 ITS Projects 2010
Structures and Signing

                                   SPECIAL PROVISION

         INDIAN PREFERENCE IN EMPLOYMENT ON FEDERAL-AID HIGHWAY
                 PROJECTS ON AND NEAR INDIAN RESERVATIONS

                                       April 22, 2004

PURPOSE

The purpose of this special provision is to outline the "Tribal Employment Rights Office
(TERO) Indian Preference in Employment" requirements and procedures to be followed by
The Confederated Tribes of the Umatilla Indian Reservation, the Oregon Department of
Transportation, and all Contractors or subcontractors engaged in highway construction
work that is under contract with the Oregon Department of Transportation on federal-aid
highway projects that are located on and near the Umatilla Indian Reservation.

BACKGROUND

The United States Code (USC), Title 23, Section 140 was amended by the 1987
reauthorization of the Surface Transportation Assistance Act by adding paragraph (d)
"Indian Employment and Contracting" concerning preferential employment of Indians living
on or near a reservation on federal-aid projects and contracts on Indian reservation roads.
It was further amended by Section 1026 of the Intermodel Surface Transportation Efficiency
Act of 1991 (ISTEA) to include "States may implement a preference for employment of
Indians on projects carried out under this title near Indian reservations". (As defined in the
Tribal Employment Rights Office Code, Chapter I, Section E., the term "Indian" means "any
person enrolled in a federally recognized tribe and recognized by the United States
pursuant to its trust responsibility to American Indians".)

AUTHORITY

The Oregon Department of Transportation (State) acknowledges the inherent sovereign
authority of The Confederated Tribes of the Umatilla Indian Reservation to promulgate and
enforce the TERO Code within the boundaries of the Umatilla Indian Reservation and
acknowledges Title 23, Section 140(d) of the USC.

The current TERO Code of the Confederated Tribes of the Umatilla Indian Reservation and
its compliance requirements and procedures are incorporated herein and made part of this
special provision.

APPLICABILITY

Eligible projects for Indian Employment preference consideration under this special
provision are those projects which are on roads termed "Indian Reservation Road"
according to USC Title 23, Section 101(d)(12) and on roads near the boundaries of
reservations and other Indian lands. Roads "near" The Confederated Tribes of the Umatilla
Indian Reservation (Tribes) are those within 60 miles of the diminished reservation
boundaries.




Indian Preference in Employment                                                       Page 1
Region 5 ITS Projects 2010
Structures and Signing

ELIGIBLE EMPLOYEES

All Indians are eligible for Indian preference without regard to tribal affiliation or place of
enrollment. However, recruiting efforts will be targeted toward those living on or near the
Umatilla Indian Reservation.

Employers with collective bargaining agreements with a union are responsible for informing
such unions of this requirement.

INDIAN PREFERENCE GOAL

The Indian Employment Preference goal is indicated in the project Special Provisions.

Classifications for Indian Preference goal consideration are:

            Carpenter
            Laborer
            Equipment Operator
            Cement Masons
            Truck Drivers
            Electricians
            Ironworkers

Classification shall be according to requirements for certified payrolls.

Goals will apply to total project work hours and will not be applied individually to the
Contractor and subcontractors. Goals do not apply to number of persons employed at any
given period of time.

These Indian employment goals are for the Contractor's work force who are other than core
crew members. A Contractor's core crew is composed of full-time employed individuals
necessary to satisfy his/her reasonable needs for supervisory or special experienced
personnel to assure an efficient execution of the contract work. Indian employees of the
Contractor shall be included in the core crew, regardless of job function, to avoid the
unintended results of having a Contractor lay-off or terminate an Indian employee to hire
another under this provision.

In setting these employment goals, consideration has been given to the availability of skilled
and unskilled Indian workers, the type of work to be performed, the Contractor's
employment requirements, the need for new hires, and unemployment rates prevailing
among non-Indians. Consideration has also been given to the employment goals for
minorities and women established for the area by the U.S. Department of Labor's Office of
Federal Contract Compliance Programs pursuant to Chapter 41, Code of Federal
Regulations, Part 60.4.

These goals may only be changed by the Oregon Department of Transportation after
consultation with the Tribes and the Contractor, and after consideration of the good faith
efforts of the Contractor together with the ability of the Tribes to refer workers in numbers
and in time for the Contractor to meet the goals and to perform the work.




Indian Preference in Employment                                                        Page 2
Region 5 ITS Projects 2010
Structures and Signing

If the Tribes are unable to provide sufficient qualified or qualifiable applicants to meet the
employment goal within 48 hours of the placement of a job order by the Contractor, the
Contractor, ensuring nondiscrimination and providing equal employment opportunity, may
recruit from other sources off the Umatilla Indian Reservation. The Contractor shall give full
consideration to all qualified job applicants referred by the Tribes. The Contractor is not
required to employ any applicant who, in the Contractor's opinion, is not qualified to perform
the classification of work required.

FRINGE BENEFITS

All fringe benefits for Indian workers referred by the Tribal Employment Rights Office shall
be paid in cash. Indian workers who are union members will have the option of fringe
benefits in cash or paid into a bonafide plan or program. However, this does not change
any agreements between Indian union members and their respective unions.

PRECONSTRUCTION CONFERENCE

The preconstruction conference will be the forum for finalizing all compliance agreements
and requirements between the Tribes and the Contractor and subcontractor(s) and to
answer any questions regarding Indian Preference and applicable special provisions.

MANDATORY TERO WORKSHOP

The Tribal Employment Rights Office of the Confederated Tribes of the Umatilla Indian
Reservation agrees to conduct mandatory prebid quarterly TERO/MOU workshops, and
shall issue certificates of completion to those Contractors who sign in, attend, and
participate. Contractors must have a certificate in order to be eligible to bid on ODOT
Contracts that require compliance with these TERO/MOU requirements. The certificate will
be good for 2 years with an updated renewal every biennium.

COMPLIANCE

The State will follow normal contract compliance procedures to effect compliance. The
State may elect to invite the Tribes to assist their monitoring efforts in all or any part of its
compliance process. The State will review the Contractor's employment practices and take
appropriate enforcement actions when the goal is not reached after consideration of good
faith efforts. See the "ON-SITE WORK FORCE AFFIRMATIVE ACTION REQUIREMENTS
FOR WOMEN AND MINORITIES SPECIAL PROVISIONS" or contact the Tribal
Employment Rights Office for sanctions that may be imposed for failure to meet these
goals.

COMPLIANCE FEE

A compliance fee will be charged to the Contractor. The compliance fee is indicated in the
project Special Provisions.

                                            *********




Indian Preference in Employment                                                          Page 3
Region 5 ITS Projects 2010
Structures and Signing


                                   INDIAN GOALS

                                         AND

                                 COMPLIANCE FEE




         The assigned Indian Employment Preference goal for this Project is 0%




                     The compliance fee for this Project is $1,135
STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                        JULY 1999 COMPILATION




TRIBAL EMPLOYMENT RIGHTS OFFICE
             CODE



                CONFEDERATED TRIBES
                             OF THE
          UMATILLA INDIAN RESERVATION
   STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                           JULY 1999 COMPILATION


                 TRIBAL EMPLOYMENT RIGHTS OFFICE CODE
                                     TABLE OF CONTENTS
CHAPTER I        GENERAL PROVISIONS ............................................................................1
     Section A   Title. ............................................................................................................1
     Section B   Purpose .......................................................................................................1
     Section C   Statement of Policy .....................................................................................1
     Section D   Jurisdiction ..................................................................................................1
     Section E   Definitions ...................................................................................................2
CHAPTER II       TRIBAL EMPLOYMENT RIGHTS OFFICE..................................................3
     Section A   Program Manager .......................................................................................3
     Section B   General Authorities......................................................................................3
     Section C   Specific Authorities ......................................................................................3
CHAPTER III      TRIBAL EMPLOYMENT RIGHTS PROGRAM. ...........................................4
     Section A   Scope ..........................................................................................................4
     Section B   Compliance Agreement ...............................................................................4
     Section C   Job Qualifications and Personnel Requirements .........................................5
     Section D   Tribal Hiring Hall ..........................................................................................5
     Section E   Training .......................................................................................................5
     Section F   Unions .........................................................................................................5
     Section G   Contractors and Subcontractors ..................................................................5
     Section H   Preference in Contracting and Subcontracting ............................................6
     Section I   Layoffs ........................................................................................................6
     Section J   Promotion ....................................................................................................6
     Section K   Compliance Fees ........................................................................................6
     Section L   One Site Inspections ...................................................................................7
CHAPTER IV       VIOLATION PROCEDURES .......................................................................7
     Section A   Investigation by the Program Manager ........................................................7
     Section B   Issuance of Citation .....................................................................................7
     Section C   Program Manager Hiring .............................................................................7
     Section D   Emergency Relief ........................................................................................8
     Section E   Appeals .......................................................................................................8
     Section F   Individual Complaint Procedure ...................................................................8
CHAPTER V        PENALTIES ................................................................................................8
     Section A   Penalties for Violation ..................................................................................8
     Section B   Monetary Fines ...........................................................................................9
     Section C   Enforcement ................................................................................................9
CHAPTER VI       TRIBAL EMPLOYMENT RIGHTS OFFICE COMMISSION .........................9
     Section A   Establishment..............................................................................................9
CHAPTER VII      SCOPE OF COMMISSION HEARINGS ....................................................10
CHAPTER VIII     COMMISSION HEARING PROCEDURES ................................................10
CHAPTER IX       TRIBAL COURT ENFORCEMENT AND JUDICIAL REVIEW ....................11
APPENDIX A       LEGISLATIVE HISTORY AND EDITORIAL CHANGES




TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                                                      PAGE i
     STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                             JULY 1999 COMPILATION


                      TRIBAL EMPLOYMENT RIGHTS OFFICE CODE
CHAPTER I. GENERAL PROVISIONS
SECTION A. TITLE
This Code shall be known as the Tribal Employment Rights Office Code.
SECTION B. PURPOSE
The purposes of this Code are:
1.     To ensure compliance by employers on the Umatilla Indian Reservation with federal and
       tribal laws that are intended to prevent employment related discrimination against
       American Indians;
2.     To ensure compliance by employers on the Umatilla Indian Reservation with federal and
       tribal laws that are intended to give preference in employment, contracting and sub-
       contracting, and training to American Indians; and
3.     To ensure the maximum utilization of Indian workers in all employment opportunities on
       and near the Umatilla Indian Reservation.
SECTION C. STATEMENT OF POLICY
The Board of Trustees of the Umatilla Confederated Tribes finds that:
1.     Jobs in the private employment sector on and near the Umatilla Indian Reservation are
       an important resource for Indians residing on and near the reservation.
2.     This Code is consistent and supplemental to existing federal and tribal law prohibiting
       employment discrimination against Indians and providing employment and contract
       preference to Indian employees and Indian-owned enterprises.
3.     Indian unemployment on the Umatilla Indian Reservation continues to be a problem of
       sufficient magnitude to warrant the enactment and implementation of this Code which is
       designed to improve employment opportunities for Indians living on and near the
       reservation.
SECTION D. JURISDICTION
1.     This Code shall apply to all employers located or engaged in business on the Umatilla
       Indian Reservation. It shall not apply to any direct employment by the Umatilla Tribe or
       by federal, state or other governments; however, contractors and subcontractors of
       these entities shall be subject to the Code.
2.     This Code is not intended to preempt or interfere with the rights or obligations set forth
       in the Tribes' Personnel Policies and Procedures or the Umatilla Tribal Police
       Department Manual. Neither the tribe nor the Umatilla Tribal Police Department are
       subject to the provisions of this Code. Employees of the Tribe and the Tribal Police
       Department shall be limited to the rights and remedies provided in the duly adopted
       manuals or procedures enacted by the tribe for those employees. This Code shall not
       apply to or be enforced against Tribal Enterprises including, but not limited to: Wildhorse
       Gaming Resort, Wildhorse Hotel, Wildhorse Golf Course, Wildhorse RV Park, and the
       Tamustalik Cultural Institute. Preference in employment shall be afforded at each Tribal
       Enterprise in Personnel Manuals developed for each enterprise.




TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                      PAGE 1
      STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                              JULY 1999 COMPILATION


3.      Contract disputes are contractual and will not be within TERO's scope of work or cause
        for contractor operation shutdown. Contract disputes shall be resolved through specified
        contract procedures for such disputes or through a court of competent jurisdiction.
SECTION E. DEFINITIONS
1.      BOARD OF TRUSTEES - Shall mean the governing body of the Confederated Tribes of
        the Umatilla Indian Reservation.
2.      COMMISSION - the term "Commission" shall mean the Umatilla Tribal Employment
        Rights Commission.
3.      COMMISSIONER - the term "Commissioner" shall mean a member of the Umatilla
        Tribal Rights Commission.
4.      COMMISSION CHAIRPERSON - the term "Chairperson" shall mean the Chairperson of
        the Commission which shall be elected by the Commission on an annual basis. The
        Chairperson of the Commission shall preside at all meetings of the Commission.
5.      COMPLIANCE AGREEMENT - A certification signed by employers and the Tribal
        Employment Rights Office (TERO), setting forth how each employer will meet In
        Preference hiring goals and that they will comply fully with the TERO Code. The
        "Compliance Agreement" must be executed prior to commencement of any portion of a
        contract or sub-contract within the Umatilla Indian Reservation.
6.      CORE CREW - The essential, permanent employees of employer. The employees must
        have been regular employees for at least six (6) months. "Core Crew" requests must be
        submitted in writing, with rationale for each position before start of any project work, and
        approved by TERO Program Manager.
7.      EMPLOYER - Shall mean any person, company, contractor, subcontractor or other
        entity located or engaged in work on the Umatilla Indian Reservation. The term
        "employer" shall include contractors and subcontractors of state, county, tribal and all
        governmental agencies. The term shall not mean or include the Umatilla Tribe, federal,
        state or governmental agencies when they are employers.
8.      ENGAGED IN WORK ON THE RESERVATION - An employer is "engaged in work on
        the reservation" if during any portion of a business enterprise or specific project,
        contract or subcontract, he or any of his employees spends time performing work within
        the exterior boundaries of the reservation.
9.      INDIAN - The term "Indian" shall mean any person enrolled in a federally recognized
        tribe and recognized by the United States pursuant to its trust responsibility to American
        Indians.
10.     INDIAN OWNED BUSINESS - A business that is at least 51 % operated and controlled
        by an Indian.
11.     INDIAN PREFERENCE - Shall mean a preference for Indians in all aspects of
        employment, including but not limited to: hiring, training, promotions, layoffs, contracting
        and subcontracting for work within the Umatilla Indian Reservation. Qualified, available
        Indians shall receive Indian Preference according to negotiated Compliance Plans.
12.     LOCATED ON THE RESERVATION - An employer is "located on the reservation" if
        during any portion of a business enterprise or specific contract or subcontract, he




TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                       PAGE 2
      STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                              JULY 1999 COMPILATION


        maintains a temporary or permanent office or facility within the exterior boundaries of
        the reservations
13.     NEAR THE RESERVATION - Shall mean jobs within reasonable daily commuting
        distance of the reservation.
14.     OFFICE - Shall mean the Umatilla Tribal Employment Rights Office.
15.     PROGRAM MANAGER - Shall mean the Program Manager of the Umatilla Tribal
        Employment Rights Office.
16.     RESERVATION - Shall mean the Umatilla Indian Reservation.
17.     TRIBE - Shall mean the Confederated Tribes of the Umatilla Indian Reservation of
        Oregon.
18.     TRIBAL COURT - Shall mean the Umatilla Tribal Court as established in the Tribal
        Criminal Code and Procedures, Part 1, Chapter 1, Sec. 1.

CHAPTER II. TRIBAL EMPLOYMENT RIGHTS OFFICE
SECTION A. PROGRAM MANAGER
The Program Manager of the Tribal Employment Rights Office (TERO) shall be responsible for
administering the provisions of this Code; and provide direction, leadership & oversight to the
Compliance Officer.
SECTION B - GENERAL AUTHORITIES
The Program Manager of the TERO shall have the authority to hire staff, to obtain and expend
funds from tribal, federal, state, or other sources to carry out the purposes of this Code, to
establish employer record-keeping requirements, to consult with the TERO Commission on
policy issues related to the implementation of this Code, and to take such other actions as are
necessary for the fair and vigorous enforcement of this Code.
SECTION C - SPECIFIC AUTHORITIES
The Program Manager shall have the authority to:
1.      Investigate violations of the provisions of this Code;
2.      Impose penalties on employers who violate the provisions of the Code;
3.      Assist the Commission to develop and promulgate regulations necessary to implement
        the provisions of this Code;
4.      Develop and impose numerical hiring goals and timetables that reflect the available
        Indian labor pool and other employment opportunities for each craft and skill category.
5.      Require employers that have established training or apprentice programs to provide
        preference to Indians.
6.      Establish and maintain a tribal hiring hall that maintains a record of qualified,
        employable Indians that is to be used by employers to fill vacancies;




TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                   PAGE 3
      STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                              JULY 1999 COMPILATION


7.      Prohibit any employer from imposing employment qualification criteria that serve as
        barriers to Indian employment unless the employer can demonstrate that such criteria
        are required by business necessity;
8.      To work cooperatively with other tribal programs, i.e. JTPA, to establish counseling and
        support programs for Indian workers to assist them in retaining employment;
9.      To enter into cooperative agreements with federal and state agencies to minimize
        employment discrimination on the reservation, to promote Indian Preference in hiring,
        training, and contracting and to otherwise ensure compliance with this Code;
10.     Through required Payroll Reports, to monitor wage scale and salaries to ensure
        equitable compensation of Indian workers.
11.     To assess fees on employers to support the operation of the Tribal Employment Rights
        Office.

CHAPTER III. TRIBAL EMPLOYMENT RIGHTS PROGRAM
SECTION A. SCOPE
All employers shall give preference to Indians in hiring, promotion, training and all other aspects
of employment, contracting and subcontracting, business opportunities and shall comply with
the terms of this Code and its implementing regulations and an Compliance Agreement
executed under this Code.
SECTION B. COMPLIANCE AGREEMENT
1.      Each employer shall be required to meet with the Program Manager at the TERO office
        and negotiate and execute a "Compliance Agreement" which sets forth:
        (a)    The minimum number of Indians the employer shall hire during any year that the
               employer is located or engaged in work on the reservation; numerical goals and
               timetables for each craft, skill area, job classification, etc., used by the employer
               including, but not limited to: general labor, skilled, administrative, supervisory,
               and professional categories;
        (b)    Wage scale provisions and salary compensation terms;
        (c)    The reporting requirements the employer shall provide the Program Manager on
               issues, including but not limited to: the frequency of reports, the number of
               Indians employed, a record of persons hired, fired or promoted during the
               reporting period, and an assessment of how close the employer is to meeting
               the hiring goals set forth in the Compliance Agreement.
2.      The numerical goals set forth in the Compliance Agreement shall be based upon
        surveys of the available Indian work force and of projected employment opportunities on
        the reservation.
3.      Compliance Agreements shall be reviewed annually and revised as necessary to reflect
        changes in the number of Indians available or changes in employer hiring plans.
4.      No employer who intends to engage in temporary business on the reservation shall
        commence work on the reservation until a Compliance Agreement has been negotiated
        and signed by both the Program Manager and the employer representative. An
        employer who has established a permanent place of business on the reservation shall
        negotiate and execute a Compliance Agreement within 30 days from the date the
        employer receives notification from the Program Manager that a Compliance Agreement
        is required.



TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                       PAGE 4
     STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                             JULY 1999 COMPILATION


5.     Any violation of an executed Compliance Agreement shall be a violation of this Code.
6.     When the TERO Office is closed and an Indian worker is unable to continue working,
       emergency hires will be allowed, but such hires will be hired for 3 days only.
SECTION C. JOB QUALIFICATIONS AND PERSONNEL REQUIREMENTS
An employer shall not use qualification criteria or other personnel requirements that serve as
barriers to Indian employment unless the employer is able to demonstrate that such criteria or
requirements are required by business necessity. EEOC Guidelines shall be adopted on these
matters to the extent that they are appropriate. The Program manager shall be guided by the
guidelines but shall have the authority to impose additional requirements that are necessary in
order to address employment barriers that are unique to Indians.
SECTION D. TRIBAL HIRING HALL
1.     The Program Manager shall establish and maintain a hiring hall to assist employers in
       placing qualified Indians in job positions.
2.     An employer shall not hire a non-Indian in violation of the Compliance Agreement until
       the Program manager has certified within a reasonable time that no qualified Indian is
       available to fill the vacancy. For purposes of this section, "reasonable time" shall be
       defined as follows:
       (a)     Construction jobs - the Program manager shall have 48 hours from time of
               notice of manpower needs, to locate and refer a qualified Indian;
       (b)     All other employment - the Program manager shall have 5 working days to
               locate and refer a qualified Indian.
       The Program Manager may grant a waiver of a time period upon a showing by the
       employer that such time period imposes an undue burden upon the employer or his
       business.
SECTION E. TRAINING
1.     The Program Manager shall identify training programs necessary in order to increase
       the pool of qualified Indians for employment on the reservation.
2.     The Program Manager may initiate and sponsor training programs for employers to
       participate in, or the Program Manager may work with employers to establish and
       sponsor their own training programs to assist Indians to become qualified in the various
       job classifications used by employers.
3.     The ratio of Indian trainees to fully qualified workers shall be negotiated as part of the
       Compliance Agreement. For construction projects, the number of Indian trainees shall
       be no less than the minimum ratio established by the Department of Labor.
SECTION F. UNIONS
Employers with collective bargaining agreements with a union are responsible for informing
such unions of this Code and TERO rules and regulations. Unions will give absolute preference
to Indians in job referrals regardless of which referral list they are on. Temporary Work Permits
will be granted Indians who do not wish to join a union. Nothing herein shall constitute official
tribal recognition of any union or tribal endorsement of any union activities on the Umatilla
Indian Reservation.
SECTION G. CONTRACTORS AND SUBCONTRACTORS
The Indian Preference requirements contained herein shall apply to all contractors and
subcontractors of an employer. The employer shall have the initial and primary responsibility for


TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                     PAGE 5
     STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                             JULY 1999 COMPILATION


ensuring that all contractors and subcontractors comply with these requirements and both the
employer and his contractors and subcontractors shall be subject to the penalties set forth
herein for failure to comply with the Code requirements.
SECTION H. PREFERENCE IN CONTRACTING AND SUBCONTRACTING
Each employer shall give preference to tribal-owned or Indian owned businesses in the award
of contracts or subcontracts, subject to federal laws. The Program Manager shall maintain a list
of tribal-owned and Indian-owned businesses which shall be supplied to the employers upon
request. Indian owned business shall be certified by the Tribe.
SECTION I. LAYOFFS
In all layoffs and reductions in force, no Indian worker shall be terminated if a non-Indian worker
in the same job classification is still employed. The non-Indian shall be terminated first if the
Indian possesses threshold qualifications for the job classification. If an employee lays off
workers by crews, all qualified Indian workers shall be transferred to crews to be retained so
long as non-Indians in the same job classification are employed elsewhere on the job site.
Exceptions may be non-Indians hired as "Core Crew", according to negotiated Compliance
Agreements.
SECTION J. PROMOTION
Each employer shall give Indians preferential consideration for all promotion opportunities and
shall encourage Indians to seek such opportunities. For each promotion or supervisory position
filled by a non-Indian, the employer shall file a report with the Program Manager stating what
efforts were made to inform Indian workers about the position, what Indians, if any, applied for
the position and if an Indian was not chosen, the reasons therefore.
SECTION K. COMPLIANCE FEES
The Program manager shall assess and collect a Compliance Fee based upon the following
schedule:
1.     Every employer with a contract in the sum of ten thousand dollars ($10,000) or more
       shall pay a fee of 21/2% of the total amount of the contract. Such fee shall be paid by
       the employer prior to commencing work on the Umatilla Indian Reservation.
2.     Each employer with gross sales of ten thousand dollars ($10,000) or more shall pay an
       annual fee of 21/2% of the annual payroll of the employer. Such fee shall be paid
       quarterly on the 10th day following the end of each calendar quarter.
3.     Compliance Fees shall be used for TERO operating budget and the percentage shall be
       adjusted annually to remain consistent with the national average. The Compliance Fees
       program shall go through the Tribes' Annual Budget Process.
4.     The amount of Compliance Fee shall be at 1 % until December 31, 1996. Effective
       January 1, 1997 the amount shall be assessed at 21/2 for all applicable contractors and
       subcontractors.
The Compliance Fee shall only be assessed against those employers who engage in contract
work or establish their business on the reservation after the enactment of this Code. This fee
shall not be assessed or collected from religious and non-profit employers. The Compliance
Fees shall be available to meet the operating costs of the TERO. The Program Manager shall
receive a copy of each Compliance Fee payment. The Program Manager shall be responsible
for collecting the fees and may establish such regulations as are necessary to insure a fair and
timely fee collection process. Projects beginning off and ending on, or beginning on and ending
off the reservation will be considered one hundred percent on-reservation, thus subject to the
full Compliance Fee. However, if fifty percent (50%) or more of the work is off-reservation, the
Program Manager is authorized to negotiate an appropriate Compliance Fee.



TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                      PAGE 6
     STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                             JULY 1999 COMPILATION


SECTION L. ON SITE INSPECTIONS
The Program Manager shall have the authority to make on-site inspections during regular
working hours in order to monitor an employer's adherence to the terms of this Code and the
employer's Compliance Agreement. The Program Manager shall have the right to inspect and
copy all relevant records of an employer, of any signatory union or subcontractor of an
employer, and shall have the right to speak to workers and to conduct an investigation on the
job site. All information collected by the Program Manager shall be kept confidential unless
disclosure is necessary or ordered as part of any federal or tribal judicial or administrative
proceeding.

CHAPTER IV. VIOLATION PROCEDURES
SECTION A. INVESTIGATION BY THE PROGRAM MANAGER
Whenever a violation of this Code or an Agreement negotiated hereunder has been alleged and
is brought to the attention of the Program Manager, the Compliance Officer shall initiate and
complete a prompt and thorough investigation of the alleged violation. The Program Manager or
Compliance Officer shall seek to achieve an informal settlement of the alleged violation, with a
written report of findings provided to the Commission.
SECTION B. ISSUANCE OF CITATION
1.     If the Program Manager determines that a violation of the Code or an Agreement
       negotiated hereunder exists, and an informal settlement cannot be achieved, the
       Program Manager shall issue a warning to the employer. This warning shall specify the
       nature of the violation and direct that the violation be corrected within three (3) days or
       sooner where warranted.
2.     If the violation is not corrected within the time specified, the Program Manager shall
       issue a citation to the employer which shall:
       (a)     Be in writing and in the name of the Confederated Tribes;
       (b)     State the name of the violator;
       (c)     Bear the signature of the Program Manager or his authorized representative;
       (d)     State the name and section number of the Code provision or Agreement
               violated;
       (e)     State a brief summary of facts constituting the violation; and
       (f)     State a time and place the employer must appear to answer to the violation at a
               Program Manager Hearing
SECTION C. PROGRAM MANAGER HEARING
The employer shall be entitled to a hearing before the Program Manager no later than 10
working days after receipt of a Citation. Hearing procedures shall comply with the requirements
of due process, but will not be bound by the formal rules of evidence. The employer shall be
entitled to present evidence and to call witnesses to demonstrate that the employer has
complied with the requirements of this Code or that the employer made a best effort to do so
and therefore should not be subject to sanctions. On the basis of evidence presented at the
hearing, and the information collected by the Office, the Program Manager shall determine
whether or not the employer complied with this Code. If the Program Manager determines that
the employer is out of compliance and has not made a best effort to comply, the Program
Manager shall impose one or more of the sanctions provided for in the Code, as appropriate,
and shall order the employer to take such corrective action as is necessary to remedy any harm
done to the Tribe or individual Indians by the employer's non-compliance. The Program


TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                      PAGE 7
     STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                             JULY 1999 COMPILATION


Manager shall send written notice to all parties within ten (10) days after its decision in the
matter.
SECTION D. EMERGENCY RELIEF
When the Program Manager determines that a violation has occurred that is of a critical nature
requiring immediate remedial action, the Program Manager may issue a citation without delay,
stating sanctions to be placed on an employer. An employer shall have the right to appeal to the
TERO Commission, any imposition of emergency sanctions on an employer by the Program
Manager. The TERO Commission shall schedule a hearing on any appeal of a decision by the
Program Manager granting emergency relief pursuant to this subsection within 7 working days.
SECTION E. APPEALS
Any person adversely affected by a decision of the Program Manager shall have the right to
appeal the decision to the TERO Commission in accordance with this Code.
SECTION F. INDIVIDUAL COMPLAINT PROCEDURE
1.     Any Indian who believes that an employer has failed to comply with the Code, or who
       believes that they have been discriminated against by an employer because they are
       Indian, may file a complaint with the Office. The complainant shall be responsible for
       providing the Office with evidence of the discriminatory practices. Upon receipt of a
       complaint supported by sufficient evidence of discrimination against an Indian
       complainant, the Office shall conduct an investigation of the charge and shall attempt to
       achieve an informal settlement of the matter. If voluntary conciliation cannot be
       achieved, the Program manager shall hold a hearing on the matter, shall make a
       determination on the validity of the charge, and shall order such relief as is necessary to
       make whole any Indian who is harmed by the employer's non-compliance or
       discriminatory behavior. The decision shall be in writing and shall be sent to all parties.
2.     In conducting the hearing, the Program Manager shall have the same powers, and shall
       be bound by the same hearing requirements as provided in Sections (D) and (E) of this
       Chapter.

CHAPTER V. PENALTIES
SECTION A. PENALTIES FOR VIOLATION
Any employer who violates this Code or an agreement negotiated hereunder shall be subject to
penalties including, but not limited to:
1.     Denial of the right to commence or continue business on the reservation;
2.     Suspension of operations on the reservation;
3.     Payment of back pay and/or damages to compensate any injured party;
4.     An order to summarily remove employees hired in violation of this Code or Agreement
       negotiated hereunder;
5.     Imposition of monetary civil penalties; and
6.     An order specifying requirements for employment, promotion, and training Indians
       injured by the violation.
SECTION B. MONETARY FINES
The maximum monetary penalty that may be imposed for a violation is five hundred dollars
($500). For purposes of the imposition of penalties determined by the Court or sanction by the


TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                     PAGE 8
     STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                             JULY 1999 COMPILATION


Program Manager, each day during which a violation exists shall constitute a separate violation.
SECTION C. ENFORCEMENT
1.     The Program Manager shall be entitled to pursue the enforcement of any order of the
       TERO Commission or the Umatilla Tribal Court when necessary to collect penalties or to
       ensure compliance with the terms and conditions of any order issued by the Umatilla
       Tribal Court or the TERO Commission.
2.     Any cost associated with the enforcement of such Order issued pursuant to this Code
       shall be assessed on the employer that is out of compliance. These may include, but not
       be limited to: document reproduction costs, filing fees, attorney fees and costs incurred
       by TERO staff related to securing enforcement of the Order.
3.     Employers that do not comply with the provisions of this Code, and leave the reservation
       before enforcement penalties or an order by the Program Manager, the TERO
       Commission or the Umatilla Tribal Court, shall be denied the right of contracting or doing
       further business on the Umatilla Reservation.

CHAPTER VI. TRIBAL EMPLOYMENT RIGHTS OFFICE COMMISSION
SECTION A. ESTABLISHMENT
The Tribal Employment Rights Office Commission is hereby established to perform the duties
and responsibilities set forth in this Code.
1.     Membership - the Commission shall be comprised of 5 members appointed by the
       Board of Trustees. The members shall hold office for a period of 1 and 2 years, terms to
       be determined by the Board of Trustees. There is no limitation on the number of terms a
       member may serve.
2.     Qualification - any Indian 18 years and older who works or resides on the Umatilla
       Reservation is qualified to be appointed to the Commission.
3.     Commission Chairperson - the Commission shall elect annually a Chairperson from its
       membership. The Chairperson shall preside at all meetings of the Commission and shall
       be authorized to sign required documents in accordance with the powers of the
       Commission.
4.     Duties and Powers - the Commission shall be responsible for conducting hearings on
       Tribal Employment Rights matters in accordance with this Code. In addition to all
       specific powers set forth in this Code, the Commission shall also have the following
       powers:
       a.      Review Contractor applications for inclusion on TERO Indian Preference List.
               Certify that applicant is eligible to bid on Indian Preference Contracts.
       b.      Certify On-The-Job training hours as recorded by TERO staff for Tribal
               Apprenticeship Programs.
       c.      The TERO Commission may conduct on-site visits if such visits are a part of
               their investigation for the decision making process for appeals.
       d.      Develop procedures necessary to implement the provisions of this Code that are
               consistent with this Code.
       e.      Conduct an annual review of the Code.
The Commission will hold regular meetings at 1:30 pm, on the first and third Tuesday of every
month. Times and procedures for hearings will be set as necessary, when an Appeal is filed on


TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                     PAGE 9
    STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                            JULY 1999 COMPILATION


a Sanction or decision of the Program Manager. The Commission shall attempt whenever
possible to execute its powers by consensus. If a consensus cannot be achieved, the
affirmative vote of a majority of the 5 Commissioners shall be required to take Commission
action. The Chairperson shall be entitled to vote on any decision or action. All written
agreements or plans, directives, complaints and appeals which the Commission authorized or
required to issue or file, shall bear the signature of at least 2 Commissioners. The Commission
will not supervise TERO Personnel.

CHAPTER VII. SCOPE OF COMMISSION HEARINGS
SECTION A.
Only actions of the TERO Program Manager on the issue of a Citation under Chapter IV.B,
granting Emergency Relief; under Chapter IV.D, any decision on an Individual Complaint filed
under Chapter IV.F; or a penalty imposed under Chapter V.A may be appealed to the
Commission.
SECTION B.
To initiate an Appeal the person appealing a sanction or decision of the Program Manager shall
file a written statement with the Commission, with a copy to the Program Manager, within 7
working, days of the receipt of the Program Manager's decision. The statement shall describe
the nature of the Program Manager's action and the relief requested of the Commission.
SECTION C.
Upon receipt of the written statement and response, the Commission shall establish a hearing
date, time and place and notify all concerned parties. Each party shall be responsible for
ensuring that appropriate witnesses attend the hearing. A hearing on an Appeal or a grant of
Emergency Relief pursuant to Chapter IV.D, shall be scheduled within 7 working days of the
filing of the Appeal. All other hearings shall be scheduled as soon as possible.

CHAPTER VIII. COMMISSION HEARING PROCEDURES
SECTION A.
The hearing will be opened promptly, at the time specified by the Commission Chairperson.
SECTION B.
All requests for delay must be made in writing to the Commission 3 working days prior to the
hearing date.
SECTION C.
Only the complainant, the respondent, Commission and witness being examined and the
recorder will be in the hearing room at any one time. Both parties may have an attorney present,
but only as an advisor. The attorney may not cross-examine witnesses or the other party.
SECTION D.
Both parties will be afforded the opportunity to present opening statements with respect to what
they intend to present to the Commission.
SECTION E.
As presiding official, the Commission Chairperson will control the proceedings, and will take
whatever action is necessary to ensure an equitable and expeditious hearing. Parties will abide
by the presiding official's rulings. The Chairperson may limit the number of witnesses when


TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                   PAGE 10
     STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                             JULY 1999 COMPILATION


testimony would be unduly repetitious, and exclude any person from the hearing for
contemptuous misbehavior that obstructs the hearing.
SECTION F.
The Commission will render a decision within 10 working days from the date of the hearing. The
complainant and the respondent will be notified in writing of the Commission's decision.
SECTION G.
Hearings will be recorded. Any person wishing transcripts of the hearing shall bear the costs of
reproduction.

CHAPTER IX. TRIBAL COURT ENFORCEMENT AND JUDICIAL REVIEW
SECTION A. The Program Manager may file a petition in tribal court seeking:
1.     Enforcement of all or part of any order of the Commission which hasn't been appealed.
2.     Enforcement of all or part of any court order issued on appeal of a Commission
       decision.
3.     The petition shall contain all pertinent facts about the order, including a copy of the
       order, shall state which parts of the order need to be enforced and against whom, and
       shall set forth facts to show how the order is not being complied with. The Program
       Manager shall serve all parties to the proceeding with copies of the petition.
4.     Upon receipt of the petition, the court shall schedule a hearing and subpoena all
       necessary parties. The hearing shall be held within 10 days from the date the petition is
       filed.
5.     The Program Manager shall have the burden of proving to the court that either the
       Commission order or court order has not been complied with. The parties to the hearing
       on the petition may produce oral testimony or written documentation to support their
       case.
6.     The court shall render a decision on the petition filed by the Program Manager within 14
       working days and enter whatever order is necessary or appropriate.
SECTION B.
The Umatilla Tribal Court is hereby granted exclusive jurisdiction to hear, review, and decide
any issues regarding implementation, interpretation, or enforcement appeals under this Code.
The decision of the Tribal court shall be final and binding.
SECTION C.
In ruling on matters arising under this Code, the Court shall have the authority to assess and
collect civil penalties; to enjoin or mandate actions to enforce the revisions of this Code; and to
provide any other relief the Court deems lawful and equitable. Provided that, no money
damages may be claimed in any suit against the Tribe, the Tribal Employment Rights Office or
its officials engaged in their official duties under this Code.
SECTION D.
The Court shall be responsible for establishing rules and procedures necessary to hear and
adjudicate actions brought hereunder.




TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                     PAGE 11
    STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                            JULY 1999 COMPILATION


SECTION E.
Ruling on matters arising under this Code, the Tribal Court shall have the authority to assess
and collect civil penalties, to enjoin or mandate actions to enforce the provisions of this Code,
and to provide any other relief the Tribal Court deems lawful and equitable; provided that
nothing in this Code shall be construed as a waiver of the sovereign immunity of the
Confederated Tribes, nor of the tribal sovereign immunity possessed by the Tribal Employment
Rights Office or its officials engaged in their official duties under this Code. Accordingly, nothing
in this Code shall be construed as any authority for a claim for money damages against the
Confederated Tribes, the Tribal Employment Rights Office or TERO Officials acting pursuant to
their authority under this Code.




TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                       PAGE 12
   STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                           JULY 1999 COMPILATION




                                APPENDIX A
               LEGISLATIVE HISTORY AND EDITORIAL CHANGES




TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                              APPENDIX A
     STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION
                             JULY 1999 COMPILATION


                       TRIBAL EMPLOYMENT RIGHTS OFFICE CODE
                    LEGISLATIVE HISTORY AND EDITORIAL CHANGES
The Board of Trustees of the Confederated Tribes of the Umatilla Indian Reservation enacted
the Tribal Employment Rights Office Ordinance in Resolution 78-53 (August 7, 1978).
The Board enacted a revised Tribal Employment Rights Office (TERO) Ordinance in Resolution
82-64 (September 20, 1982). The revised ordinance included a new, 14 page TERO Guidelines
document. The revised Tribal Employment Rights Ordinance was amended three times, as
follows: Resolution 84-21 (February 15, 1984), Resolution 88-07 (November 5, 1987), and
Resolution 89-32 (April 5, 1989).
The Board enacted the second revised Tribal Employment Rights Office Ordinance in
Resolution 90-51 (September 19, 1990). In enacting the second revised Tribal Employment
Rights Office Ordinance, the Board explicitly repealed all prior resolutions concerning the
TERO, with the sole exception of Resolution 89-17. As the second revised Tribal Employment
Rights Office Ordinance did not contain the TERO Guidelines, these were repealed by
Resolution 90-51.
The Board enacted the third revised Tribal Employment Rights Office Ordinance in Resolution
96-67 (July 31, 1996). It has not been amended.
In Resolution 83-78 (September 7, 1983), the Board approved an agreement between the
Confederated Tribes and the Four Basic Trade Unions on compliance with the Tribal
Employment Rights Ordinance and Guidelines. This agreement reportedly terminated at the end
of five years and was not renewed.
In Resolution 89-17 (January 25, 1989), the Board approved a Memorandum of Understanding
with the State of Oregon Department of Transportation that ensured compliance with the Tribal
Employment Rights Ordinance whenever the Department of Transportation contracted to
perform highway construction activities on the Umatilla Indian Reservation. In Resolution 94-13
(February 22, 1994), the Board approved a new Memorandum of Understanding with the State
of Oregon Department of Transportation which superceded the 1989 Memorandum of
Understanding. This Memorandum of Understanding ensures compliance with the Tribal
Employment Rights Ordinance whenever the Department of Transportation contracts to perform
highway construction activities on the Umatilla Indian Reservation or within 60 miles of the
Reservation.
A fourth revision of this code has been proposed but has not yet been enacted by the Board of
Trustees. If it is enacted, it will be included in the next edition of Statutes of the Confederated
Tribes of the Umatilla Indian Reservation.
During preparation of this compilation, the following editorial changes were made to this code:
1.     The name was changed from "Tribal Employment Rights Office Ordinance" to "Tribal
       Employment Rights Office Code."




TRIBAL EMPLOYMENT RIGHTS OFFICE CODE                                                 APPENDIX A
                    OREGON DEPARTMENT OF TRANSPORTATION

                                 SPECIAL PROVISIONS

                                           FOR




                                    Structures & Signing
                                Region 5 ITS Projects 2010
                            Old Oregon Trail & I.O.N. Highways
                            Umatilla, Union & Malheur Counties




                        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.




By: _____________________________           Date: _____________________




                                    Signature Sheet 1
                   OREGON DEPARTMENT OF TRANSPORTATION

                             SPECIAL PROVISIONS

                                      FOR


                                Structures & Signing
                            Region 5 ITS Projects 2010
                        Old Oregon Trail & I.O.N. Highways
                        Umatilla, Union & Malheur Counties


                   PROFESSIONAL OF RECORD CERTIFICATION:


Seal w/signature                       I certify the Special Provision Sections listed below
                                       were prepared by me or under my supervision:


                                       Sections 00220, 00225, 00905, 00910,
                                       00940


                                       (Traffic Control and Signing)




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.




                                Signature Sheet 2
                   OREGON DEPARTMENT OF TRANSPORTATION

                             SPECIAL PROVISIONS

                                       FOR


                                Structures & Signing
                            Region 5 ITS Projects 2010
                        Old Oregon Trail & I.O.N. Highways
                        Umatilla, Union & Malheur Counties




                   PROFESSIONAL OF RECORD CERTIFICATION:


Seal w/signature                    I certify the Special Provision Sections listed below were
                                    prepared by me or under my supervision:


                                    Sections 00210, 00280, 00320, 00330, 00340,
                                    00640, 00730, 00744, 00749, 00810

                                    (Roadway)




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.




                                Signature Sheet 3
                   OREGON DEPARTMENT OF TRANSPORTATION

                             SPECIAL PROVISIONS

                                       FOR


                                Structures & Signing
                            Region 5 ITS Projects 2010
                        Old Oregon Trail & I.O.N. Highways
                        Umatilla, Union & Malheur Counties




                   PROFESSIONAL OF RECORD CERTIFICATION:


Seal w/signature                    I certify the Special Provision Sections listed below were
                                    prepared by me or under my supervision:


                                    Sections 00440, 00442, 00920, 00930, 00942,
                                    00952, 00957, 00960, 02030

                                    (ITS Structure)




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.




                                Signature Sheet 4
                   OREGON DEPARTMENT OF TRANSPORTATION

                             SPECIAL PROVISIONS

                                       FOR


                                Structures & Signing
                            Region 5 ITS Projects 2010
                        Old Oregon Trail & I.O.N. Highways
                        Umatilla, Union & Malheur Counties




                   PROFESSIONAL OF RECORD CERTIFICATION:


Seal w/signature                    I certify the Special Provision Sections listed below were
                                    prepared by me or under my supervision:


                                    Section 00995

                                    (ITS)




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.




                                Signature Sheet 5
                   OREGON DEPARTMENT OF TRANSPORTATION

                             SPECIAL PROVISIONS

                                       FOR


                                Structures & Signing
                            Region 5 ITS Projects 2010
                        Old Oregon Trail & I.O.N. Highways
                        Umatilla, Union & Malheur Counties




                   PROFESSIONAL OF RECORD CERTIFICATION:


Seal w/signature                    I certify the Special Provision Sections listed below were
                                    prepared by me or under my supervision:


                                    Section 00920, 00930

                                    (Sign Bridge)




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.




                                Signature Sheet 6
Region 5 ITS Projects 2010
Structures and Signing

SPECIAL PROVISIONS


                                            WORK TO BE DONE


The Work to be done under this Contract consists of the following on the Region 5 ITS
Projects 2010 Section of I-84 and US-95 Highways in Umatilla, Union, and Malheur
Counties:

   1.    Construct grading and HMAC paving.
   2.    Install guardrail.
   3.    Construct sign structure.
   4.    Install VMS signs and associated materials.
   5.    Perform additional and incidental Work as called for by the Specifications and Plans.


                                    APPLICABLE SPECIFICATIONS


The Specification that is applicable to the Work on this Project is the 2008 edition of the
"Oregon Standard Specifications for Construction".

All number references in these Special Provisions shall be understood to refer to the
Sections and subsections of the Standard Specifications and Supplemental Specifications
bearing like numbers and to Sections and subsections contained in these Special
Provisions in their entirety.


                                           CLASS OF PROJECT


This is a Federal-Aid Project.




SPS14689 Region 5 ITS Projects 2010 Contract 3-12-10                                        1
Region 5 ITS Projects 2010
Structures and Signing

                       SECTION 00110 - ORGANIZATION, CONVENTIONS,
                             ABBREVIATIONS AND DEFINITIONS


Comply with Section 00110 of the Standard Specifications.


              SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES


Comply with Section 00120 of the Standard Specifications modified as follows:

00120.05 Request for Solicitation Documents - Add the following to the end of this
subsection:

The Plans, which are applicable to the Work to be performed under the Contract, bear title
and date as follows:

                                          "Structures & Signing
                                       Region 5 ITS Projects 2010
                                   Old Oregon Trail & I.O.N. Highways
                                   Umatilla, Union & Malheur Counties
                                              March 2010"

00120.70 Rejection of Nonresponsive Bids - Add the following bullet to the end of the
bullet list:

   • The Agency determines that any Pay Item is significantly unbalanced to the potential
     detriment of the Agency.


                 SECTION 00130 - AWARD AND EXECUTION OF CONTRACT


Comply with Section 00130 of the Standard Specifications modified as follows:

00130.40 Contract Bonds, Certificates, and Registrations - Replace this subsection
number and title and replace the sentence that begins "Before the Agency will..." with the
following number and title and sentence:

00130.40 Contract Submittals - Before the Agency will execute the Contract, the
successful Bidder shall furnish the following:

Add the following subsection:

00130.40(e) Tax Identification Number - The successful Bidder shall furnish the Agency
the Bidder's Federal Tax Identification Number.




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                                 SECTION 00140 - SCOPE OF WORK


Comply with Section 00140 of the Standard Specifications.


                               SECTION 00150 - CONTROL OF WORK


Comply with Section 00150 of the Standard Specifications modified as follows:

00150.15(b) Agency Responsibilities - Replace          this   subsection,   except   for   the
subsection number and title, with the following:

The Engineer will perform the Agency responsibilities described in the Construction
Surveying Manual for Contractors, Chapter 1.5 (see Section 00305).

00150.15(c) Contractor Responsibilities - Replace this subsection, except for the
subsection number and title, with the following:

The Contractor shall perform the Contactor responsibilities described in the Construction
Surveying Manual for Contractors, Chapter 1.6 (see Section 00305) and the following:

Perform earthwork slope staking including intersections and matchlines and set stakes
defining limits for clearing which approximate right-of-way and easements.

00150.35(c) Number and Size of Drawings - Replace this subsection, except for the
subsection number and title, with the following:

The Contractor shall submit Working Drawings according to one of the following methods:

   (1) Paper Submittal - For paper submissions, submit seven copies of Working
   Drawings for steel Structures and six copies of Working Drawings for other Structures to
   the Engineer. The submitted copies shall be clear and readable. Drawing dimensions
   shall be 8 1/2 inches by 11 inches, 11 inches by 17 inches, or 22 inches by 36 inches in
   size. One copy of the submitted Working Drawings will be returned to the Contractor
   after processing. The Contractor shall submit such additional number of copies to the
   Engineer for processing that the Contractor would like to have returned.

   (2) Electronic Submittal - For electronic submissions, submit Working Drawings
   according to the "Guide to Electronic Shop Drawing Submittal" which is available from
   the Engineer.

00150.35(d-1) Stamped Working Drawings - Replace the sentence with the following
sentence:

Stamped Working Drawings will be designated as "reviewed" or "reviewed with comments"
by the Engineer.




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00150.35(d-2) Unstamped Working Drawings - Replace the sentence with the following
sentence:

Unstamped Working Drawings will be designated on the face of the Drawing, as
"approved", "approved as noted", or "returned for correction" by the Engineer.

00150.50 Cooperation with Utilities - Add the following subsection:

   (f) Utility Information:

   There are no anticipated conflicts with the Utilities listed below. Contact those Utilities
   having buried facilities and request that they locate and mark them for their protection
   prior to construction.

                   Utility                                Contact Person's
                                                       Name and Phone Number

   1.    Idaho Power                                   Dave Lowry   (208) 388-2045 (office)
         1221 W. Idaho Street                                       (208) 859-3512 (cell)
         P.O. Box 70 (83707)
         Boise, ID 83702

   Energized power lines overhang portions of the Work with a minimum vertical clearance
   of 18 feet. Contractor shall maintain at least 10 feet of safety clearance.

   The following organizations may be adjusting Utilities within the limits of the Project
   during the period of the Contract with relocation Work estimated to be completed by the
   following time:

                   Utility                             Estimated Completion Time

    1. Oregon Idaho Utilities                             During Construction
       Doug Musgrave
       (208) 461-7802 (office)

    Oregon Idaho Utilities has underground telecommunications facilities (fiber optic and
    copper) in the shoulder area of the Highway near Milepost 51.5 on US-95 (ION
    Highway) which could be in conflict with proposed guardrail installations. The
    Contractor will be required to coordinate any work in close proximity to Oregon Idaho
    Utilities buried facilities and allow them time to expose, relocate and/or protect their
    facilities during these activities.

    Contact Doug Musgrave at 208-461-7802 (office) 2 weeks prior to beginning excavation
    work (including guardrail installation) that occurs alongside, above or below any of
    Oregon Idaho Utilities facilities so that they can have a representative on site to monitor
    operations around their buried facilities, at no additional cost to the Contractor.

    This Project is located within the Oregon Utility Notification Center area which is a
    Utilities notification system for notifying owners of Utilities about Work being performed
    in the vicinity of their facilities. The Utilities notification system telephone number
    is 811 (or use the old number which is 1-800-332-2344).



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                            SECTION 00160 - SOURCE OF MATERIALS


Comply with Section 00160 of the Standard Specifications modified as follows:

00160.30 Agency-Furnished Material - The Agency will furnish the following items at
ODOT’s Region 5 Headquarters at 3012 Island Avenue, La Grande, Oregon, 97850.
Contact Howard Richardson at 541-963-1336 five days in advance to schedule pickup. The
equipment will be available for the Contractor to pick up on or after July 1, 2010.

    •    1 each Type 4 Variable Message Sign (approximately 15 feet wide, 7 feet tall, 1 foot
         deep weighing approximately 1,500 pounds).
    •    1 each Variable Message Sign controller cabinet.


                            SECTION 00165 - QUALITY OF MATERIALS


Comply with Section 00165 of the Standard Specifications.


               SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES


Comply with Section 00170 of the Standard Specifications modified as follows:

Add the following subsection:

00170.06 Federal-Aid Participation - This Project is to be conducted according to the
regulations applying to Federal-Aid Highway Projects.

Add the following subsection:

00170.67 Fees - The fee required by ORS 279C.825(1) will be paid by the Agency to the
Commissioner of the Oregon Bureau of Labor and Industries under the administrative rules
of the Commissioner.

00170.70(a) Insurance Coverages - The following insurance coverages and dollar
amounts are required pursuant to this subsection:

        Insurance                       Combined Single Limit        Annual Aggregate
        Coverages                         per Occurrence                  Limit

Commercial General Liability                    $1,000,000               $2,000,000
Commercial Automobile Liability                 $1,000,000      (aggregate limit not required)

00170.80 Responsibility for Damage to Work - Replace this subsection, except for the
subsection number and title, with the following:

   (a) Responsibility for Damage in General - The Contractor shall perform Work, and
   furnish Materials and Equipment for incorporation into the Work, at the Contractor’s own



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   risk, until the entire Project has been completed and accepted by the Agency. The
   Contractor shall repair all damages to Work performed, Materials supplied, and
   Equipment incorporated into the Work, except as otherwise provided in this Section.

   (b) Repair of Damage to Work - Until Final Acceptance, the Contractor shall promptly
   rebuild, repair, restore, and make good damages to all portions of the permanent or
   temporary Work, except to the extent the Agency has assumed responsibility according
   to the provisions of (c) below. Perform all repairs of damage to Work at no additional
   cost to the Agency, except for repairs necessitated by damage caused by:

       • Acts of God or Nature, as defined in Section 00110; or
       • Actions of governmental authorities.

   (c) Responsibility for Damage to Work Caused by Public Traffic - The Contractor
   may apply for relief of responsibility for damage to Work caused by public traffic by
   submitting a signed Contractor’s Request for Relief of Responsibility, form 734-2768, to
   the Engineer by mail, personal delivery or courier, by FAX, or other agreed-upon
   method.

   The Engineer will process a maximum of two forms per month and return the forms
   within seven Calendar Days indicating each item as "approved" or "denied".

   The approval of the Engineer is limited, and is made only for the purposes of
   determining relief of responsibility for damage to completed portions of the Work caused
   by public traffic. The completed portions of the Work are not considered complete, and
   are not finally accepted for any other purposes under the Contract.

   If the Contractor disagrees with the Engineer’s findings, the Contractor may request a
   Region level review according to 00199.40(b).

       (1) Request for Relief - The Agency will only accept a request for relief from and will
       only assume responsibility for damages caused by public traffic, to the following
       completed portions of the Work:

           • A segment of roadway, drainage facilities, slopes, lighting, traffic control
             devices and access facilities;
           • A bridge or other structure within a segment of roadway;
           • Traffic signals and appurtenances at an intersection;
           • Permanent, passive traffic control devices;
           • Complete circuits of a highway lighting system; and
           • Portions of a building open to public use.

       The Agency will approve a request for the Agency to assume responsibility for
       damages to the completed portions of the Work caused by public traffic only under
       the following conditions:

           • The completed portions of the Work are completed according to Contract
             Change Orders, the Contract Plans or approved stage construction Plans;



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           • The traffic control complies with approved traffic control Plans; and
           • All required Materials conformance and quality compliance documents
             pertaining to the completed portions of the Work are on file with the Engineer
             (see Section 00165).

       (2) Scope of Relief - When the Agency assumes responsibility for damage to
       completed portions of the Work caused by public traffic any damages will be repaired
       by the Contractor on an Extra or Changed Work basis, or by Agency forces, or by
       other means as determined by the Engineer. If completed portions of the Work are
       damaged by public traffic before Final Inspection, and the Agency requires the
       Contractor to repair the damages, the Engineer will reimburse the Contractor for the
       Extra or Changed Work at 75% of the total amount calculated according to Section
       00197.

       If completed portions of the Work are damaged by public traffic after Final Inspection,
       and the Agency requires the Contractor to repair the damages, the Engineer will
       reimburse the Contractor for the Extra or Changed Work at 100% of the total amount
       calculated according to Section 00197.

       If any additional Work is performed by the Contractor on completed portions of the
       Work for which the Agency has assumed responsibility for damages caused by public
       traffic, and the Work is performed outside of the approved stage construction Plans or
       approved traffic control Plans, the Contractor shall become fully responsible and
       liable, and shall make good all damages caused by public traffic at no additional cost
       to the Agency.

   (d) Vandalism - The Contractor shall provide reasonable protection of the Work from
   vandalism until Third Notification. If reasonable protection has been provided, the
   Contractor’s responsibility for damage resulting from vandalism will be limited to
   $5,000.00 per occurrence. Requests for reimbursement of amounts in excess of
   $5,000.00 shall be in writing and directed to the Engineer. Upon receipt, the Engineer
   will investigate, evaluate the amount of damages and their cause, and determine
   whether, and how much, the Contractor will be recompensed.


                       SECTION 00180 - PROSECUTION AND PROGRESS


Comply with Section 00180 of the Standard Specifications modified as follows:

Add the following subsection:

00180.21(g) Mentor-Protégé Agreement - If the Contractor enters into a subcontract with
an Emerging Small Business (ESB) subcontractor, the Agency may offer the Contractor
and its ESB subcontractor an opportunity to enter into a project specific Mentor-Protégé
Agreement.

The project specific Mentor-Protégé Agreement will be paid for and specified by Change
Order.




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Add the following subsection:

00180.40(c) Specific Limitations - Limitations of operations specified in these Special
Provisions include, but are not limited to, the following:

                  Limitations                                                   Subsection

                  Cooperation with Utilities .......................................... 00150.50
                  Contract Completion Time ................................... 00180.50(h)
                  Traffic Lane Restrictions ...................................... 00220.40(e)

00180.41 Project Work Schedules - After the paragraph that begins "Contractor’s
activity…" add the following paragraphs:

The Contractor shall submit a supplemental "look ahead" Project Work schedule each week
to the Engineer. The "look ahead" Project Work schedule is supplemental to the Type A, B,
or C schedule specified below. The supplemental "look ahead" Project Work schedule
shall:

   • Identify the sequencing of activities and time required for prosecution of the Work.
   • Provide for orderly, timely, and efficient prosecution of the Work.
   • Contain sufficient detail to enable both the Contractor and the Engineer to plan,
     coordinate, analyze, document, and control their respective Contract responsibilities.

The supplemental "look ahead" Project Work schedule shall be written in common
terminology and show the planned Work activities broken down into logical, separate
activities by area, stage, and size and include the following information:

   • The resources the Contractor, subcontractors, or services will use.
   • The locations of each activity that will be done including the limits of the work by mile
     posts, stations, or other indicators.
   • The time frames of each activity by Calendar Days, shifts, and hours.
   • All anticipated shoulder, lane, and road closures.

At a minimum, the Contractor shall prepare a bar chart that:

   • Shows at least three weeks of activity including the week the bar chart is issued.
   • Uses a largest time scale unit of one Calendar Day. Smaller time scale units may be
     used if needed.
   • Is appropriate to the activities.
   • Identifies each Calendar Day by month and day.

Include the Contract name, Contract number, Contractor’s name, and date of issue on each
page of the bar chart.

The Contractor shall submit the supplemental "look ahead" Project Work schedule starting
at First Notification and continuing each week until Second Notification has been issued
and all punch list items and final trimming and clean up has been completed. The
Contractor shall meet with the Engineer each week to review the supplemental "look
ahead" Project Work schedule. If the Engineer or the Contractor determines that the
current supplemental "look ahead" Project Work schedule requires changes or additions,



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either notations can be made on the current schedule or the Engineer may require the
submittal of a revised supplemental "look ahead" Project Work schedule. Review of the
current and subsequent supplemental "look ahead" Project Work schedules does not
relieve the Contractor of responsibility for timely and efficient execution of the Contract.

In addition to the "look ahead" Project Work schedule, a Type "A" schedule as detailed in
the Standard Specifications is required on this Contract.

Add the following subsection:

00180.50(h) Contract Time - Complete all Work to be done under the Contract not later
than April 30, 2011.

00180.85(b) Liquidated Damages - Add the following paragraph:

The liquidated damages for failure to complete the Work on time required by 00180.50(h)
will be $700 per Calendar Day *.

    * Calendar Day amounts are applicable when the Contract time is expressed on the
      Calendar Day or fixed date basis.


                   SECTION 00190 - MEASUREMENT OF PAY QUANTITIES


Comply with Section 00190 of the Standard Specifications modified as follows:

00190.20(f-2) Scale Without Automatic Printer - Add the following sentence after the first
paragraph:

Pay costs for the weigh witness at $35.00 per hour.

00190.20(g) Agency-Provided Weigh Technician - Add the following paragraph after the
bullet list:

Pay costs for the weigh technician at $35.00 per hour.


                                      SECTION 00195 - PAYMENT


Comply with Section 00195 of the Standard Specifications modified as follows:

00195.12(a) Steel Material Price Escalation/De-Escalation Participation - In the
sentence that begins "Before or within…" of the paragraph that begins "The Contractor may
select…", replace the words "five business days" with "seven Calendar Days".

00195.12(d) Steel Materials Pay Item Selection - Add the following to this subsection:

No Pay Items under this Contract qualify for the steel escalation/de-escalation program for
this Project.



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00195.50(c-1) Cash, Alternate A - In the paragraph that begins "Any retainage withheld
on…", replace "00195.90(d)" with "00195.50(d)".


                         SECTION 00196 - PAYMENT FOR EXTRA WORK


Comply with Section 00196 of the Standard Specifications.


                 SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK


Comply with Section 00197 of the Standard Specifications.


               SECTION 00199 - DISAGREEMENTS, PROTESTS, AND CLAIMS


Comply with Section 00199 of the Standard Specifications.




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                                   SECTION 00210 - MOBILIZATION


Comply with Section 00210 of the Standard Specifications.


                SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC


Comply with Section 00220 of the Standard Specifications modified as follows:

00220.40(e) Lane Restrictions - Replace the paragraph that begins "Do not close any…"
with the following paragraph:

Do not close any traffic lanes and remove all barricades and objects from the roadway
during the following periods:

Replace subsections (1) and (2) with the following:

    (1) Weekdays - Delete this subsection.

    (2) Weekends - Delete this subsection.

    (4) Special Events - Add the following to the end of this subsection:

         No special events identified for this project.


                       SECTION 00225 - WORK ZONE TRAFFIC CONTROL


Comply with Section 00225 of the Standard Specifications modified as follows:

00225.02 General Requirements - Add the following after the last paragraph of this
subsection:

During construction, protect traffic by using the appropriate configurations as detailed on
Standard Drawings TM850 and TM860.

For the work site at MP 216, install a "ROAD WORK AHEAD" (W20-1-48) sign with "FINES
DOUBLE" (R2-6-36) rider on the Old Oregon Trail Highway, according to sign standard
drawing for "Freeway Section" Shoulder Closures TM860 at west end of the work site,
facing incoming traffic. Install "Shoulder Work" (W21-5-48) signs. Also, install an "END
ROAD WORK" (CG20-2A-24) sign approximately 500 feet beyond east end of the work
site, facing outgoing traffic. When mounting signs on concrete barrier in median areas, do
not install the sign flag boards on the "FINES DOUBLE" rider or on the "ROAD WORK
AHEAD" signs.

For the work site at MP 269, install a "ROAD WORK AHEAD" (W20-1-48) sign on the Old
Oregon Trail Highway, on the westbound off ramp, facing incoming traffic. Also, install an




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"END ROAD WORK" (CG20-2A-24) sign beyond east end of the work site, facing outgoing
traffic.

For the work site at Rome Hill, install a "ROAD WORK AHEAD" (W20-1-48) sign on the
I.O.N. Highway, according to sign spacing "A" from the "TCD Spacing Table" shown on the
standard drawing for "2-Lane, 2-Way Roadways" One Lane Closure at each end of the
work site, facing incoming traffic. Also, install an "END ROAD WORK" (CG20-2A-24) sign
approximately 250 feet beyond each end of the work site, facing outgoing traffic.

00225.05 Contractor Traffic Control Plan - Replace this subsection, except for the
subsection number and title, with the following:

The Contractor will be allowed to use the Agency’s TCP, modify the Agency’s TCP, or use
a different TCP. Submit the following, for approval, five calendar days before the
preconstruction conference:

   (a) Agency or Contractor TCP - If the Agency's TCP is used without modification, a
   written notification indicating that the Agency's TCP will be used without modification.

   If the Contractor will be using a modified Agency TCP, or if the Contractor will not be
   using the Agency TCP, include the following:

       • Proposed TCP showing all TCM and quantities of all TCD.

       • Proposed order and duration of the TCM.

       • A detailed temporary striping plan.

   (b) Tourist-Oriented Directional (TOD) and Business Logo Signs - Two copies of a
   sketch map of the Project showing all existing tourist-oriented directional (TOD) and
   business logo signs and a written narrative describing how these signs will be kept in
   service and protected throughout all the construction stages.

   If there are no TOD signs on the project, a written notification that no TOD signs exist
   within the project limits.

00225.11 Temporary Signing - Replace the sentence that begins "Furnish new or
acceptable temporary signs..." with the following sentence:

Furnish temporary signs meeting the requirements of the "Acceptable" category shown in
the American Traffic Safety Services Association (ATSSA) "Quality Standards For Work
Zone Traffic Control Devices" handbook and the following:

00225.11(b-5) Square Tube Sign Supports - Replace this subsection with the following
subsection:

00225.11(b-5) Perforated Steel Square Tube Sign Supports - Use perforated steel
square tube sign supports from the QPL and as shown on the standard drawings.




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00225.13(d) Plastic Drums - Replace the sentence that begins "Provide drums with…"
with the following sentence:

Use retroreflective drum sheeting meeting the requirements of ASTM D 4956 Type III or
Type IV.

00225.41(b-5) Square Tube Sign Supports - Replace this subsection with the following
subsection:

00225.41(b-5) Perforated Steel Square Tube Sign Supports - Perforated steel square
tube sign supports may be used as a substitute for wood sign posts. Install perforated steel
square tube sign supports as shown on the standard drawings.


                    SECTION 00280 - EROSION AND SEDIMENT CONTROL


Comply with Section 00280 of the Standard Specifications modified as follows:

00280.90 Payment - The following line is added to the end of the bid item list:

         (s) Biofilter Bags……………………………………………Each



                       SECTION 00290 - ENVIRONMENTAL PROTECTION


Comply with Section 00290 of the Standard Specifications modified as follows:

00290.20(c-3) Reuse, Recycle, and Dispose of Materials - Replace the bullet that begins
"Reuse demolition…" with the following bullet:

   • Reuse demolition debris.

00290.20(c-3-d) Concrete and Masonry - Replace the paragraph that begins "Concrete
and masonry…" with the following paragraph:

Concrete and masonry, that is not recycled and does not contain hazardous substances,
may be reused to fill basements or be buried in embankments on-site, provided that the
materials are broken into pieces not exceeding 15 inches in any dimension, and places so
that:

00290.20(d) Hazardous Waste Management - In the paragraph that begins "In addition to
current Laws…", replace the two bullets that begin "If the quantity of hazardous waste
projected to be…" with the following three bullets:

   • If the quantity of hazardous waste projected to be generated meets the requirements
     for a LQG, prepare a full Hazardous Waste Contingency Plan according to
     40 CFR 265 Subpart D. Maintain a copy of the Contingency Plan on-site at all times
     during construction activities, readily available to employees and inspectors.



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   • If the quantity of hazardous waste projected to be generated meets the requirements
     for a SQG, prepare a modified Hazardous Waste Contingency Plan according to
     40 CFR 262.34(d)(5) and 40 CFR 265 Subpart C. Maintain a copy of the modified
     Contingency Plan on-site at all times during construction activities, readily available to
     employees and inspectors.

   • If the quantity of hazardous waste projected to be generated meets the requirements
     for a CEG, follow the contingency planning and storage requirements of the SQG
     unless the only potentially hazardous waste is aerosol cans smaller than 20 ounces.
     Limit storage to 180 days and 2,200 pounds. Prepare a modified Hazardous Waste
     Contingency Plan and keep a copy on-site with emergency response procedures and
     contact information.

00290.20(g) Spills and Releases - Replace the lead-in paragraph that begins "In the
event…", with the following lead-in paragraph:

In the event of a spill or release of a hazardous substance or hazardous waste or the
release of any other material that has the potential to harm human health or the
environment, do the following:




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                       SECTION 00305 - CONSTRUCTION SURVEY WORK


Section 00305, which is not a Standard Specification, is included for this Project by Special
Provision.

                                                  Description

00305.00 Scope - Provide construction survey work according to the current edition on the
date of Advertisement, of the ODOT "Construction Surveying Manual for Contractors". This
manual is available on the web at:

            http://www.oregon.gov/ODOT/HWY/GEOMETRONICS/documents.shtml

                                                Measurement

00305.80 Measurement - No measurement of quantities will be made for construction
survey work.

                                                   Payment

00305.90 Payment - The accepted quantities of construction survey work will be paid for at
the Contract lump sum amount for the item "Construction Survey Work".

Payment will be payment in full for furnishing all material, equipment, labor, and incidentals
necessary to complete the work as specified.

No separate or additional payment will be made for all temporary protection and direction of
traffic measures including flaggers and signing necessary for the performance of the
construction survey work.

No separate or additional payment will be made for preparing surveying documents
including but not limited to office time, preparing and checking survey notes, and all other
related preparation work.

Progress payments will not be in excess of the reasonable value of the surveying work
estimated by the Engineer.

Costs incurred caused by survey errors will at the Contractor's expense. These costs
include price adjustments for failure to meet requirements of the "Construction Surveying
Manual for Contractors", repair or removal and replacement of deficient product, and
over-run of material.




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                          SECTION 00320 - CLEARING AND GRUBBING


Comply with Section 00320 of the Standard Specifications modified as follows:

00320.42 Ownership and Disposal of Matter - Replace this subsection with the following
subsection:

00320.42 Disposal of Matter - Dispose of all matter and debris according to 00290.20.


                                    SECTION 00330 - EARTHWORK


Comply with Section 00330 of the Standard Specifications modified as follows:

00330.03 Basis of Performance - Add the following paragraph to the end of this
subsection:

Perform all earthwork under this Section on the embankment basis.

00330.20 Tamping Foot Rollers - In the paragraph, replace "115 tons" with "15 tons".

00330.41(a-5) Waste Materials - Replace this subsection, except for the subsection
number and title, with the following:

Unless otherwise specifically allowed and subject to the requirements of 00280.03, dispose
of materials, classed as waste materials in 00330.41(a-3) and 00330.41(a-4), outside and
beyond the limits of the Project and Agency controlled property according to 00290.20. Do
not dispose of materials on wetlands, either public or private, or within 300 feet of rivers or
streams.

00330.80 Measurement - Replace the bullet that begins "Volume basis, computed by…",
with the following bullet:

   • Volume basis, based on the Agency's digital terrain model (DTM) calculated by End
     Area Volume, or by other methods of equivalent accuracy.

00330.82 Embankment Basis Measurement - In the paragraph that begins "When
measurement of earthwork…", replace the sentence that begins "Measurement will be
limited to…" with the following sentence:

Measurement will be limited to the lines, grades, and slopes of the original ground contours
established before the Contractor begins any Work on the Project.

In the paragraph that begins "The quantities of embankment measured for payment will not
include…", add the following bullet after the second bullet:

   • Any additional quantities required due to clearing and grubbing operations.




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00330.92 Kinds of Incidental Earthwork - Delete the bullet that reads "If shown on the
plans.".

Add the following bullets to the end of the bullet list:

   • Additional quantities of materials required due to clearing and grubbing operations
     and compaction requirements within embankment limits.

   • Earthwork required for driveways and road approaches. Earthwork for driveways and
     road approaches will be that which is outside the neat line limits shown on the typical
     section(s).


                                      SECTION 00340 - WATERING


Comply with Section 00340 of the Standard Specifications.




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                      SECTION 00440 - COMMERCIAL GRADE CONCRETE


Comply with Section 00440 of the Standard Specifications modified as follows:

00440.10 Materials - In the list of materials, delete the "Aggregates....02690" line.


               SECTION 00442 - CONTROLLED LOW STRENGTH MATERIALS


Comply with Section 00442 of the Standard Specifications.




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                   SECTION 00640 - AGGREGATE BASE AND SHOULDERS


Comply with Section 00640 of the Standard Specifications.




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                     SECTION 00730 - EMULSIFIED ASPHALT TACK COAT


Comply with Section 00730 of the Standard Specifications modified as follows:

00730.90 Payment - Replace this subsection, except for the subsection number and title,
with the following:

No separate or additional payment will be made for emulsified asphalt tack coat.
Approximately 1 ton of emulsified asphalt in tack coat will be required on this Project.


  SECTION 00744 - MINOR HOT MIXED ASPHALT CONCRETE (MHMAC) PAVEMENT


Comply with Section 00744 of the Standard Specifications modified as follows:

00744.11(a) Asphalt Cement - Replace the sentence that begins "Use PG 64-22 or…"
with the following sentence:

Use PG 64-28 or PG 70-28 asphalt on this Project.

00744.16 MHMAC Acceptance - Replace this subsection with the following subsection:

00744.16 MHMAC Acceptance - A CAT-1 shall perform a minimum of one asphalt
content, gradation, mix moisture, and Maximum Specific Gravity (AASHTO T 209) test per
day and provide results to the Engineer by the middle of the following work shift. The
Contractor shall also provide split samples to the Engineer when requested. Testing may
be waived upon written notice and accepted visually by the Engineer according to
Section 4(B) of the MFTP.

When three or more tests are performed on a project, a price adjustment will be calculated
according to 00744.95.

Add the following subsection:

00744.17 Small Quantity Acceptance - When less than three test results are obtained on
a project and testing has not been waived by the Engineer, the MHMAC will be accepted
according to the following:

   (a) Within Specification Limits - If all sublot sample test results are within specification
   limits for all constituents (including compaction) the material will be accepted and the full
   bid price will be paid for the material represented by that test.

   (b) Outside Specification Limits - If a sublot sample test result for any constituent is
   outside the specification limit the Engineer will have the backup sample tested.

       (1) Backup Within Specifications - If the backup sample test results for all
       constituents are within specification, the material will be accepted and the full bid
       price will be paid for the material represented by that test.




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       (2) Backup Out of Specifications - If the backup sample test results are out of
       specification, the Contractor may choose to accept the price adjustment calculated
       according to 00744.95 or may choose to sample the in-place material for further
       testing. The price adjustments will be computed using all original test results as well
       as all backup test results. (If there are less than three tests, average the two tests you
       have and use the average as the third test result). In no case will the composite pay
       factor (CPF) be greater than 1.0.

       (3) In-Place Samples - If the in-place material is sampled, the Engineer will select
       and sample from three random locations from the area represented by the lot in
       question. Those samples will be tested and if found to be within specification the
       material will be accepted and paid for at the full bid price. If the material proves to be
       outside of the specification limits, the material will be accepted and paid for at an
       adjusted price according to 00744.95. In no case will the CPF be above 1.0.

00744.49 Compaction - Replace this subsection with the following subsection:

00744.49 Compaction - Immediately after the MHMAC has been spread, struck off, and
surface irregularities and other defects remedied, roll it uniformly with rollers meeting the
requirements of 00744.24 until compacted to a minimum of 91% of MAMD. Perform finish
rolling and continue until all roller marks are eliminated. Determine the density of each
sublot by averaging five QC tests performed at random locations by a CDT with the nuclear
gauge operated in the backscatter mode according to WAQTC TM 8. Calculate MAMD
according to ODOT TM 305. When less than three sublot test results are obtained on a
project, the MHMAC will be accepted according to 00744.17. Perform a minimum of one
sublot density test per day. The Engineer may waive compaction testing upon written
notice.

00744.80 Measurement - Delete the paragraph that begins "No separate measurement
will be made…".

00744.90 Payment - Delete the paragraph that begins "No separate or additional payment
will be made for the asphalt tack…".

Add the following subsection:

00744.95 MHMAC Price Adjustments - The Composite Pay Factor (CPF), calculated
according to 00165.40 will be applied to the Contract unit price for the pay items of
00744.90 and to the applicable lot quantities. The CPF will be made available to the
Contractor within 24 hours of receipt of the required quality control test results. If less than
three samples are tested, the CPF will be computed as outlined in 00744.17. The
maximum CPF for any case will be 1.0.

Use the following table to determine price adjustments in the CPF for constituents of
MHMAC.




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                                                       Dense Graded MHMAC Type
                Gradation Constituents                    Weighting Factor (f)

                 All Aggregate Passing                 3/4"     1/2"     3/8"

                                      1"                1
                                    3/4"                1        1
                                    1/2"                1        1         1
                                    3/8"                                 1
                                  No. 4                 5        5         5
                                  No. 8                 5        6         6
                                 No. 30                 3        3         3
                                No. 200                10       10        10

                 Other Constituents

                       Asphalt Content                 26       26        26
                       Moisture Content                 8        8         8
                       Compaction                      40       40        40

Those MHMAC constituents statistically evaluated will be eligible for a maximum PF of 1.00
(see 00165.50(b-1)), unless otherwise specified.

If these specifications do not require measurement of a constituent, its individual PF will be
considered 1.00 in calculating the CPF according to 00165.40.

A price adjustment will be determined by the following formula:

         (CPF - 1) x MHMAC Unit Price x (LQ) = ____

    Where: LQ is the quantity of mixture in the lot


       SECTION 00749 - MISCELLANEOUS ASPHALT CONCRETE STRUCTURES


Comply with Section 00749 of the Standard Specifications.




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                                SECTION 00810 - METAL GUARDRAIL


Comply with Section 00810 of the Standard Specifications.




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        SECTION 00905 - REMOVAL AND REINSTALLATION OF EXISTING SIGNS


Comply with Section 00905 of the Standard Specifications.


                                SECTION 00910 - WOOD SIGN POSTS


Comply with Section 00910 of the Standard Specifications.


                           SECTION 00920 - SIGN SUPPORT FOOTINGS


Comply with Section 00920 of the Standard Specifications modified as follows:

00920.80 Measurement - Add the following to the end of this subsection:

The estimated quantities of concrete for minor sign supports are:

         Support Type                                  Material          Quantity

    Multi-Post Breakaway                               Concrete           2 cu. yd

The estimated quantities of materials for major sign supports are:

            Location                                   Material          Quantity

    US95 M.P. 51.5                            Excavation               170 cu. yd.
                                              Backfill                  90 cu. yd.
                                              Concrete                  75 cu. yd.
                                              Reinforcement         11,500 pound
                                              Miscellaneous Metal    2600 pound


                            SECTION 00930 - METAL SIGN SUPPORTS


Comply with Section 00930 of the Standard Specifications modified as follows:

00930.01 Definitions and Terms - Replace the definitions and terms that begins Truss
Sign Bridges, Monotube…. with the following:

Truss Sign Bridges, Monotube Sign Bridges, Butterfly Sign Bridges and Monotube
Cantilever Sign Structures - The complete structure is composed of base plates, support
columns, cantilever arms, trusses, horizontal beam, sign support arms, supporting brackets,
fasteners and maintenance walkways, but does not include the sign illumination equipment
and sign support footings.




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00930.02 Working Drawings - In the paragraph that begins "Working drawings are not…",
delete the "Square Tube Sign Supports" bullet.

00930.10 Materials - In the paragraph that begins "Furnish galvanized bolts…", add the
words "for Minor Sign Supports" after the words "job site".

In the paragraph that begins "All components of…", replace the sentence that begins
"Galvanizing shall conform to…" with the following sentence:

Except for perforated steel square tube breakaway sign supports and for perforated steel
square tube sign supports, galvanizing shall conform to the requirements of Section 02530.
Galvanize perforated steel square tube breakaway sign supports and perforated steel
square tube sign supports according to ASTM A653 G140.

00930.80 Measurement - Add the following to the end of this subsection:

The estimated quantities of structural steel are as follows:

               Item                                              Estimated Quantity
                                                                      (Pound)

         Structural Steel                                             29,500
         Multi-Post Breakaway Sign Supports                            675

00930.90 Payment - Replace the paragraph that begins "No separate or additional
payment…" with the following paragraph:

No separate or additional payment will be made for route marker frames, wind bracing, pole
clamps, stainless steel clamps, mast arm street name sign mounts, or special sign
brackets.


                                         SECTION 00940 - SIGNS


Comply with Section 00940 of the Standard Specifications modified as follows:

00940.46 Inspection - Replace the sentences that begin "Inspection will…" and "Testing
for…" with the following sentence:

Inspection will be for conformance to the plans and Specifications, and for conformance to
nighttime visibility.


       SECTION 00942 - CURVE WARNING SIGNS STRUCTURAL COMPONENTS


Section 00942, which is not in the Standard Specifications, is included in this project by
Special Provisions.




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00942.00 Scope - This Section applies to the structural components of the curve warning
signs and to its factory attached mounting members.

00942.02 Required Submittals:

    (a) Engineered Drawings - All structural shop drawing, calculation, welding, and Quality
    Control Plan submittals shall be submitted for review within 60 days post the note of intent
    to award and prior to the award of the contract. Submit 5 wet stamped working drawings
    and 5 wet stamped calculations certified by a Professional Engineer in the State of
    Oregon for review and final Pre-Qualification. Modifications or additions to the Pre-
    Qualified documents will require new submittals for review and Pre-Qualification.

    Engineered drawings and details for the sign housing, mounts, and connections shall
    show all material descriptions, dimensioning, member sizes, and connection methods.
    Stress analysis calculations shall be provided according to subsection 00942.02(b)
    showing that the sign housing, mounts, and connections meet all applicable codes,
    standards, and requirements of this contract.

    (b) Calculations - Calculations shall be provided to show that all members and
    connections can support the load cases from lifting the sign, dead loads, combined dead
    plus wind loads, and combined dead plus ice plus wind loads. The transverse wind load
    must be incorporated into the calculations.

    The following are minimum requirements to be shown in the calculations:

         •   Calculate dead, wind, lifting, and ice load forces to be applied to the structure.
         •   Finite Element Analysis (FEA) model to determine the envelope of maximum
             loads.
         •   Provide calculations that clearly show how the required forces are distributed to
             the joints and members in the FEA.
         •   Clear depiction of the FEA model members, joints, and loads. A full printout of the
             FEA must be provided and a clear summary and description of the controlling load
             cases and maximum loads must be included for clarity.
         •   Calculate all section properties if the section is not specified in the Aluminum
             Design Manual.
         •   Calculate member capacities for bending, axial, shear and torsion.
         •   Connection capacities for welded or bolted connections.
         •   Prying action must be included or justified for exclusion.
         •   Calculate deflections and compare them to the allowable values specified in
             subsection 00942.04(b).
         •   Calculate section properties of the lifting eyebolts, or approved equal connection
             type. Provide calculations to show that the effects of shear, tension, and bending
             that result from the sling lifting point to the sign connection location with the
             resulting angle are resisted by the eyebolts adequately.

00942.03 Regulations, Standards, and Codes - The following documents and others
referenced therein form part of the Contract:

    •    American Welding Society

             o    D1.2 Structural Welding Code - Aluminum



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    •    American Association of State Highway and Transportation Officials (AASHTO)

             o    Standard Specifications for Structural Supports for Highway Signs,
                  Luminaires, and Traffic Signals 4th Edition 2001 (and all interim revisions)
             o    Standard Specifications for Highway Bridges 17th Edition 2002 (and all interim
                  revisions)

    •    The Aluminum Association

             o    Aluminum Design Manual

00942.04 Sign Construction Details:

    (a) General - Furnish the following materials complete with each Curve Warning Sign,
    see Special Provisions Section 00952, ordered:

         •   Variable message sign.
         •   Vertical mounting members attached to sign at the factory.
         •   Hardware for connecting factory attached mounting members to the support
             structure.

    (b) Design Criteria - The sign and its connections to the factory installed mounts shall be
    designed for the Group Load combinations shown in Table 3-1 of the Standard
    Specifications for AASHTO Structural Supports for Highway Signs, Signals, and
    Luminaires 4th Edition, except "W" shall be computed using a wind pressure of 60 psf.
    This specified wind pressure includes the wind drag coefficient of 1.7 from note 7 of Table
    3-6. Section 3.9.3 from this code shall be used to apply the effects of wind from any
    direction.

    The sign face shall measure not more than 6’-6” in height and not more than 17’-0” in
    length. The maximum frontal area of the sign shall not exceed 110.5 ft². The total mass
    of the sign unit and factory installed mounting members shall not exceed 1,500 lb.

    Lifting eyes shall safely support the weight of the sign and factory installed mounting
    members.

    Maximum dead load deflection of the sign cabinet shall not exceed L/360 relative to
    cabinet supports, where "L" equals the length between the cabinet supports and the
    cabinet cantilever length. Maximum horizontal deflection under full loading shall not
    exceed L/180 relative to cabinet supports, where "L" equals the length between the
    cabinet supports and the cabinet cantilever length.

    (c) Welding Qualifications and Certification - Personnel and procedures for welding
    shall have been qualified in accordance with AWS D1.2 before welding.

    All welding procedures shall be written. Submit 5 sets of welding procedures, procedure
    qualification records, and welder performance qualification test results for review.

    Inspect all fillet welds (100%) and partial penetration groove welds (100%) using visual
    testing according to AWS D1.2. Inspect all complete penetration groove welds (100%)
    using radiographic testing according to AWS D1.2.



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    (d) Sign Housing and Mounting Members - All structural bolts used in the sign housing
    and in the connection between the mounting members and the sign shall meet the
    requirements of ASTM A193 Class 2 Grade B8M. Nuts used with A193 bolts shall be
    heavy hex and shall meet the requirements of A194 Grade 8M with Supplementary
    Requirement S1. Nuts used in the connection between the sign and its factory attached
    mounting members shall be the lock type. Washers shall be stainless steel. Stainless
    steel shims of 16 gauge minimum thickness shall be used over the full contact area
    between dissimilar metals.

    The structural frame and skin of the sign housing shall be of all aluminum construction.
    Aluminum alloy sheet shall be welded to the structural frame. Welds shall be wire
    brushed and cleaned and the interior skin shall be protected from damage and
    discoloration during welding. All seams and connections shall be constructed to form a
    maintenance free, watertight enclosure. Provide lifting eyes on the top of the sign
    housing.

    Aluminum design shall conform to Section 6 "Aluminum Design", and Steel design shall
    conform to Section 5 "Steel Design", both of the AASHTO Standard Specifications for
    Structural Supports for Highway Signs, Luminaires, and Traffic Signals. Aluminum
    welding shall conform to AWS D1.2.

    The sign manufacturer shall provide mounting members in conformance with this contract
    and attach them to the back of the sign at the factory. The sign manufacturer shall design
    the connection between the sign and the factory installed mounting members in
    conformance with subsection 00942.02(b).

                                                Measurement

00942.80 General - There will be no separate measurement of work done under this
Section.

                                                   Payment

00942.90 General - There will be no separate or additional payment made for work under
this Section, as it is considered incidental to the design and fabrication of the Curve
Warning Signs. Payment will be included in the payment made for the Curve Warning
Signs in Special Provisions Section 00952.


                            SECTION 00952 - CURVE WARNING SIGNS


Section 00952, which is not in the Standard Specifications, is included in this project by
Special Provision.

00952.00 Scope - This work consists of furnishing and installing variable message sign(s)
used to notify motorist of road curvatures by posting messages based on speed thresholds
detected by a radar gun. The signs shall come complete with all controls, circuits,
communications, mounting and miscellaneous labor and materials necessary to complete
an operating system according to these specifications and as shown.




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00952.01 Suppliers - The following suppliers are known to have demonstrated their
products ability to meet NTCIP and construction specifications similar to those required for
this project.

    Manufacturer                                       Phone No.
    & Location                                         & Contact

    Ledstar                                            1-905-265-7800
    Ontario, Canada                                    Milan Patel

    Daktronics                                         1-888-843-5843
    Brookings, SD                                      Jess Freesemann

    Skyline Products                                   1-800-759-9046
    Colorado Springs, CO                               Chip Stadjuhar

    Adaptive Micro Systems                             503-362-1054
    Milwaukee, WI                                      Doug Groat

    Fiberoptic Display Systems, Inc                    401-232-3370
    Smithfield, Rhode Island                           Mark Spyres

Modify products to comply with all physical, mechanical, and communication specifications
if required. Any sign submitted is subjected to rejection if subsequent adjustments cannot
achieve compliance with all of the specifications.

Final acceptance of any sign is subject to physical, environmental, and operational testing
as required by these Special Provisions.

Other Dynamic Message Sign (DMS) manufacturers not listed above but interested in
bidding on future projects must submit documentation to the Agency demonstrating that
they can meet the specification requirements. In addition, provide an NTCIP Protocol
Implementation Conformance Statement for a variable message sign approved by another
agency for use on a previous project. The report shall clearly demonstrate that the
manufacturer completed the test with a pass rate of 85% or greater for the objects specified
for an LED type fix mounted variable message sign. The NTCIP Protocol Implementation
Conformance Statement shall be generated by a third party tester such as Battelle,
Trevilon, or Iteris.

00952.03 Required Submittals:

    (a) General - Within 30 days after the contract is awarded, submit to the Engineer a
    complete listing of all major components of the system and operational description for
    approval. Include the manufacturer’s name, model numbers, catalog sheets and/or
    other descriptive literature of proposed materials. The catalog cutsheets and literature
    shall include technical data, physical properties, and operational description in sufficient
    detail to demonstrate that the equipment meets theses Specifications. Submit
    installation details for the controller cabinet and schematic drawings showing all
    proposed materials, dimensions, electronic layouts, part make and model numbers and
    quantities. Provide heat load calculations demonstrating the ventilation system has
    been sized properly. Provide the AC power requirements of the system.



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    (b) Documentation - Furnish five each of the following items to the Project Manager 21
    days prior to the 30 day acceptance test:

         •   Operation and maintenance manuals for variable message signs
         •   Operation and maintenance manuals for local sign control equipment
         •   Trouble shooting instructions, including descriptions of diagnostic tools available
             and a description of error codes and other diagnostic indicators
         •   Spare parts list documenting the availability of spares and the nearest stocking
             location
         •   A list of all serviceable and consumable parts

    This documentation shall be 8.5 inches by 11 inches format, except for drawings or
    foldouts. Drawings shall be 11 inches by 17 inches format. The Agency is permitted to
    copy this documentation. Assemble data into packages with a cover title page
    identifying separate data items and individual drawings. Correct the above manuals
    after the 30 day acceptance test if the As-Built conditions do not match the
    documentation.

    Provide the Engineer three separate sets of all listed documentation in MicroSoft ® Word
    2002 on three separate CD’s.

00952.04 Quality Assurance - Except as provided below, each electrical product shall be
listed for its intended use in one of the following:

    •    Underwriters Laboratory Electrical Appliance and Utilization Equipment Directory
    •    Underwriters Laboratory Construction Materials Directory

Each product shall bear the listing organization’s label. In the absence of a label, provide
documentation verifying product listing.

For products not listed in the above directories, provide evidence that the product has been
tested and certified by a national recognized testing laboratory (NRTL), in accordance with
29 CFR 1910.7 and OAR 918-306-0010. The following are acceptable evidence:

    •    OSHA documentation that demonstrates recognition
    •    Laboratory documentation that verifies testing in accordance with a recognized
         national code or standard

00952.05 References - The following documents and others referenced therein form part of
the Contract to the extent designated in this Specification.

Code of Federal Regulations (CFR)

         Title 29, Part 1910.7                         OSHA Recognition Process for Nationally
                                                       Recognized Testing Laboratories

Electronics Industry Association (EIA)

         TIA/EIA-232 (E)                               Interface between Data Terminal Equipment
                                                       and Data Circuit Terminating Equipment
                                                       Employing Serial Binary Data Interchange



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National Transportation Communications for ITS Protocol (NTCIP)

         NTCIP 1101: 1997                              Simple Transportation Management
                                                       Framework as amended by NTCIP 1101A1
                                                       (Formerly known as NEMA TS3.2-1996)

         NTCIP 1101A1: 2001                            Amendment to NEMA TS3.2-1996

         NTCIP 1201: 1997                              Global Object Definitions as amended by
                                                       NTCIP 1201A1 (Formerly known as NEMA
                                                       TS3.4-1996)

         NTCIP 1201A1: 2001                            Amendment to NEMA TS3.4-1996

         NTCIP 1203: 1997                              Object Definitions for Dynamic Message Signs
                                                       as amended by NTCIP 1203A1 (Formerly
                                                       known as NEMA TS3.6-1997)

         NTCIP 1203A1                                  Recommended Amendment to NTCIP 1203,
                                                       dated February 2001

         NTCIP 2101v01.17                              Point to Multi-Point Protocol using RS-232
                                                       Profile, dated October 1999

         NTCIP 2103v01.05                              Subnet Profile for Point to Point Protocol over
                                                       RS-232

         NTCIP 2104                                    SP-ETHERNET Draft

         NTCIP 2201v01.14                              Transportation   Transport    Profile,   dated
                                                       February 2002

         NTCIP 2202: 2002                              TP-INTERNET (TCP/IP and UDP/IP)

         NTCIP 2301v01.07                              Simple Transport Management Framework
                                                       Application Profile

National Fire Protection Association (NFPA)

         70 - 2005                   National Electrical Code

Underwriters Laboratories (UL)

         Electrical Appliance and Utilization Equipment Directory - 1998

         Electrical Construction Equipment Directory - 1998

         48 - 1996                   Electric Signs

         50 - 1996                   Enclosures for Electrical Equipment




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         94 - 1996                   Test for Flammability of Plastic Materials for Parts in Devices
                                     and Appliances

         467 - 1993                  Grounding and Bonding Equipment

         489-9 - 1996                Molded-Case Circuit Breakers, Molded-Case Switches, and
                                     Circuit-Breaker Enclosures

         497A - 1996                 Secondary Protectors for Communication Circuits

         508 - 1999                  Industrial Control Equipment

         746C - 1998                 Polymeric Materials - Use in Electrical Equipment

         943 - 1993                  Standard for Safety for Ground-Fault Circuit Interrupters

         1059 - 1993                 Terminal Blocks

         1433 - 1996                 Control Center Controllers for Changing Message Signs

         1449 - 1996                 Transient Voltage Surge Suppressers

         1778 - 1994                 Uninterruptible Power Supply Equipment

                                                   Materials

00952.10 General - Furnish the following materials:

    •    Front access variable message sign(s) with 18 inches nominal character height
    •    Local field controller, per sign, with interface equipment housed in ground mounted
         cabinet
    •    Technician support for turn on and testing
    •    One (1) radar gun per sign
    •    Spare parts - See subsection 00952.71

Signs shall be UL 48 listed.

    (a) Variable Message Sign Functional Requirements - Characters shall be 18 inches
    in height and shall be clearly legible from a distance of at least 1,100 feet.

    The sign’s field controller shall contain a microprocessor capable of monitoring and
    controlling the sign’s functions. The microprocessor shall interface with external
    devices according to the requirements of 00952.42(g).

    The sign’s field controller shall be capable of being operated locally from an RS-232
    port using PMPP, remotely from the Agency’s central control software over a dial-up
    connection using either PPP/CHAP or PMPP, or remotely from the Agency’s central
    control software over an Ethernet network supporting UDP/IP. All communication ports
    shall conform to the NTCIP requirements of 00952.42(g).




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    The primary purpose of the signs is to warn motorists of the upcoming curvature of the
    road. A radar gun connected to each sign shall detect the motorist speed and post
    predetermined messages that are permanent in memory.

    Since many of the functions of speed monitoring and posting of specific messages are
    defined within NTCIP 1203 V02, which is a recommended standard and not approved at
    the time of this contract, the curve warning signs initially will not communicate with the
    Agency’s NTCIP central control software for monitoring or posting of other changeable
    messages. The signs shall be capable of being upgraded to support the approved v02
    standard once the Agency has upgraded its central control software to this standard
    sometime in the future. The Agency will work with the sign manufacturer in the future to
    perform this upgrade. This upgrade shall be at no additional cost to the Agency.

    (b) Message Construction - The variable message sign shall utilize light-emitting
    diodes (LED’s) only. The signs shall be capable of displaying three lines of 8
    characters, each formed by a 5x7 font regardless if they are a character, line, or full
    matrix. Pixel pitch, the center to center distance between two adjacent pixels, shall be
    2.6 inches minimum and 2.75 inches maximum. Character spacing, the horizontal
    distance between two adjacent characters regardless of sign matrix type, shall be 7.8
    inches minimum. Interline spacing, the vertical distance from the bottom of the pixel on
    the line to the top of the top pixel on the line immediately below, shall be 10.4 inches
    minimum regardless of the sign matrix type. Character, line, or full matrix signs are
    acceptable as long as the character spacing dimensions are met.

    The LED’s shall be Toshiba or Agilent Technologies AllnGaP diodes (590 nm) designed
    specifically for traffic applications or approved equal. The half brightness angle (the
    angle at which the luminous intensity of the LED is one-half the intensity at the optical
    axis) shall not be less than 15 degrees, so that the minimum total viewing angle is 30
    degrees centered about the optical axis. LED brightness shall be controlled by pulse
    width modulation of DC current with an adjustable duty cycle of 0 to 100% in 1%
    increments.

    Each pixel shall contain a minimum of 8 LED’s with 40 candela luminous intensity
    (typical). The failure of one LED shall not affect the performance of any other pixel.
    The pixels shall be powered by redundant regulated DC power supplies. The failure of
    one DC power supply shall not affect the operation of the sign.

    Printed circuit boards shall be UL 94 flame tested. Printed circuit boards shall be
    coated with silicon, or equivalent conformal coating, for environmental protection.

    The following curve warning messages shall be permanent in memory and operational
    unless the sign is without power.

         Page 1             Page 2
                            SHARP
         CAUTION            CURVES
                            AHEAD

    The default messages shall be displayed even if there is a communication loss between
    the sign’s controller and the radar gun.




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    If the radar gun detects a motorist traveling between 50 to 70 mph, the sign shall
    change its message to:

         Page 1            Page 2
         SLOW              YOUR
         DOWN              SPEED IS
                           XX MPH

    Where XX denotes the highest motorist speed detected within the speed range.

    If the radar gun detects a motorist traveling over 70 mph, the sign shall display the
    following message:

         Page 1            Page 2
         SLOW              YOUR
         DOWN              SPEED IS
                           OVER 75

    For all messages, the default page on time parameter is 2 seconds and the default line
    justification parameter is center.

    (c) Characters - The signs shall be capable of displaying all upper and lower case
    letters, all digits, and any graphics character that may be defined with the available dot
    resolution. Upper case characters shall use the complete height of the matrix.
    Message changes shall be accomplished with no horizontal scrolling, flashing, or other
    visual disturbance.

    The sign’s characters shall be formed by NEMA TS-4 5x7 standard font.

    (d) Sign Construction Details:

         (1) Design Criteria - The design life of the signs shall be 20 years minimum with
         routine maintenance and service. The sign shall be capable of operating without
         any decrease in performance over an ambient temperature range of -30 to 165° F
         with a relative humidity of up to 95 percent.

         (2) Sign Housing - The housing exterior shall have a maintenance free aluminum
         finish except for the front of the sign, which shall have a licensed factory applied
         matte black Kynar 500 resin or equivalent oven baked fluoropolymer based coating.
         The sign shall be surrounded by a 12 inches minimum border.

         The housing shall be designed to accommodate both display module mounting and
         air distribution. The internal framework shall retain the display modules in a manner
         that permits easy and rapid removal of each display module without disturbing
         adjacent display modules.

         The sign housing shall have screened drain holes installed in the bottom. The
         screen shall be small enough to prevent insects from entering the sign.

         Display modules shall be assembled onto a frame. No more than three characters
         shall be in one module. Modules shall be fully interchangeable and replacement of



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         a complete module shall be possible without the use of tools. Interconnection of
         modules shall be through locking connectors only.

         The sign shall be fitted with screened ventilation louvers that are in a frame and
         attached to the sign housing. Then vents shall be protected from the weather with a
         cover. Attach the louvers to the sign housing by welding.

         See Special Provision 00942 for the Civil Engineering requirements of the sign’s
         housing.

         (3) Sign Maintenance Access - Communication boards, display modules, power
         supplies, fans, filters, etc. shall be accessible by access doors located on the front
         of the signs.

         (4) Interior Outlets - Each sign shall be furnished with two GFCI protected outlets
         for maintenance purposes. The outlets shall be UL 943 duplex, specification grade,
         rated 15A, 120V, 3-wire grounding type.

         (5) Ventilation - Each sign shall be equipped with a filtered, forced air ventilation
         system that cools both the display modules and the interior sign housing as needed.
         The vent covers shall be constructed of aluminum in a wedge shape so as not to
         accumulate debris. The screens shall be attached to the inside of the housing. The
         filters shall be reusable and shall be mounted in a metallic framework on the inside
         of the housing. The filters for the fans shall have a heavy gauge screen for
         protection of the fan. The ventilation system shall be capable of providing a
         minimum of one sign housing volume change per minute. The fans are to be
         positioned in such a manner to provide a balanced airflow even in the event of a
         single fan failure. The operational status of the fans shall be monitored by the sign’s
         controller. The ventilation system shall be activated by multiple temperature
         sensors. The temperature sensors shall have an accuracy of +/- 1.5° F minimum
         and a range of -40 to 170° F minimum. The temperature shall be continuously
         monitored by the sign’s controller.

         (6) Cables and Wiring - All 120V wiring shall be protected in a raceway. All wiring
         entering through a hole in the cabinet or fixture shall use an insulated bushing to
         protect the wire. All wires shall terminate on a terminal strip. Wire splicing is not
         allowed.

         Terminal blocks shall comply with UL 1059. For No. 10 AWG conductors or smaller,
         use sectional, double terminal, barrier type terminal blocks with binder screw
         terminals. Terminal ampacities shall be equal to or greater than conductor
         ampacities. For No. 8 AWG conductors or larger, use either one piece or factory
         assembled, sectional, barrier type terminal blocks with box lug terminals having a
         pressure plate between the screw and conductor. Use terminals of the correct size
         for the conductor to be connected.

         Clearly and permanently label all cables and wiring between subsystems. Mark all
         conductors with mechanically printed tubular labels placed on the wire or cable
         within 2 inches of termination. Identification shall be visible without moving wires or
         labels.




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         Provide covers or guarding for live parts of terminations on circuits of 50 V or more
         to ground.

         Bus bars shall be sized to accommodate all required connections and shall be
         amperage rated for use.

         Provide serial communication cabling between the sign and the field controller. For
         maintenance purposes, fiber optic cabling is not allowed.

         (7) Identification Plate - Each sign shall have an identification nameplate mounted
         on the inside of the service door. The manufacturer’s name, model number, serial
         number (if applicable), electrical rating (voltage and current), date of manufacture,
         the words “Outdoor Use” shall be on the nameplate.

         Provide all wall mounted, panel mounted, and permanently mounted devices with an
         identification label fastened with an adhesive or rivets. Nameplate material shall be
         1/16-inch thick laminated plastic stock with white surface and black core. Letter
         height of inscriptions shall be 3/16-inch minimum. Edges shall be beveled and
         smooth. Engraved nomenclature shall be sharp and clear.

         (8) Photocells - The signs shall come equipped with three photocells that measure
         the light intensity as well as the ambient light conditions. The sign’s brightness shall
         be adjustable by the user, by setting the intensity manually or using the photocells to
         automatically control the intensity of the LED’s. Automatic adjustment of the pixel
         brightness shall occur in small increments so the sign chances smoothly between
         adjacent intensity levels. Provisions shall be made to prevent perceivable
         brightening of the sign due to stray headlights shining upon the sign at night.

         For ease of maintenance, all photocells shall be mounted internally to the sign. The
         photocells shall be mounted behind clear polycarbonate windows. There shall be a
         gasket between the sign’s housing and the polycarbonate.

         (9) Sign Protective Face - An anti-reflection treated shatterproof face constructed
         matte finish polycarbonate or equivalent material, ¼ inch thick minimum, shall be
         furnished to protect the front of the sign from weather and vandalism. The exterior
         sign face shall be black finish with open polycarbonate areas for the display
         characters. The front face shall be heated by a self regulating heating wire or heat
         blowers arranged to maximize defrosting.

         (10) Sign Hardware - All hardware such as latches and hinges within the sign shall
         be constructed of stainless steel (SST 316).

         (11) Service Requirements - The incoming service shall be 240/120 VAC, 60 Hz
         (nominal) for each sign.

         Each sign with its associated equipment shall not require more than 7,500 W at full
         load condition.

         All power inputs shall be adequately protected by circuit breakers, keeping the 120V
         circuits separated from the service cabinet and the equipment. Secondary cabinets
         with breakers shall maintain separation.



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                  a. Surge Protection - Provide surge protection meeting UL 1449 for the
                  incoming power. Provide surge protection meeting UL 497A for the
                  incoming telephone line prior to the modem connection. Provide surge
                  suppression for the communication lines between the sign and the sign’s
                  controller.

                  b. Circuit Provisions - Run power in a separate raceway than low voltage
                  signals such as telephone and sign communications.

                  c. Grounding - Each sign shall have an electrically grounded all metal
                  enclosure. The grounding shall consist of an electrical ground wire at
                  properly prepared electrical contact points. Ground the support structure in
                  accordance with the NEC using ground rod(s). The ground rod(s) shall be
                  electrically connected to the sign case using No. 6 stranded copper wire. All
                  grounding and bonding shall be in accordance with UL 467.

                  d. Uninterrupted Power Supply (UPS) - An industrial UPS shall be
                  provided with each sign so the user can communicate with the sign’s
                  controller during a temporary outage. The UPS is only to provide temporary
                  power to the sign controller. It is not to provide secondary power to the sign.

                  The UPS shall meet the following specifications:

                       Line Transient Protection:      UL 1449
                       Safety Compliance:              UL 1778
                       EMC Compliance:                 FCC Class B
                       Input Voltage (nominal):        120 VAC, 60 Hz
                       Output Voltage (nominal):       120 VAC, 60 Hz
                       Battery Type:                   Sealed, maintenance free
                       Runtime (full load):            30 minutes (minimum)

00952.20 Radar Gun - Each sign shall come with a radar gun to be mounted remotely from
the sign as shown on the plans. The radar gun shall be able to be mounted as far as 500
feet away from the sign’s controller. The radar gun shall communicate to the sign by serial
communications such as RS-232, RS-422, RS-485 as an auxiliary input into the sign’s field
controller. The radar gun shall use Doppler type radar. The sign manufacturer shall be
responsible for providing the necessary power conditioning to accommodate the radar gun.

The radar gun shall be designed for outdoor use and be weather resistant.

The radar gun shall be able to detect the motorist speeds with the range of 15 mph to 100
mph with +/- 1 mph accuracy. The sign manufacturer shall integrate the radar gun’s
communication protocol into the sign’s controller. The radar gun shall only measure the
motorist approaching the sign and ignore those motorists traveling away.

It is the Contractor’s responsibility to select a radar gun with a minimum beam width for the
application of this project.

If a serial converter, power supply, and radar controller are needed to be mounted and
enclosed near the radar gun, the Contractor shall house the equipment in a UL 50 Type 4X
stainless steel enclosure. The enclosure shall be mounted securely to the radar gun using



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stainless steel pole straps at a height to minimize access by non-authorized personnel.
The enclosure shall accept a padlock.

The radar gun shall be able to detect the motorist speed up to 1,000 feet way under ideal
conditions.

The radar guns shall be FCC compliant. The radar gun housing shall be designed for
outdoor use.

                                                 Construction

00952.40 General - Install all materials and equipment in accordance with the
manufacturer’s instructions.

00952.42 Sign Field Controller - Furnish and install the sign’s field controller in a ground
mounted, all aluminum constructed, traffic style cabinet at the sign site. Submit a proposed
traffic cabinet for approval by the Engineer as described in 00952.03. The cabinet shall
have two doors, front and rear. The front is to access the rack or shelf mounted equipment.
The rear door is to access the wiring. Each door shall have a Blue or Red style brass
cylinder core lock manufactured by Best. The cabinet shall have a roll out shelf or drawer.
The shelf or drawer shall have a hinged top that covers a storage area and also provides a
non-slip surface to write on. The cabinet shall be UL 50, Type 3R rated. The cabinet shall
come equipped with a fan assembly and manually adjustable thermostat controller for
internal air circulation. The cabinet shall come equipped with a fluorescent light. The
fixture shall be mounted to the top of the enclosure. The mounting hardware shall not
penetrate the exterior of the cabinet. The light fixture shall be controlled from a rear door
operated switch. A manual on/off switch accessible from the front of the cabinet shall also
be provided for controlling the light. The field controller assembly shall be UL 1433 listed.

Two duplex, 120V 15A rated, GFCI protected convenience outlets shall be provided inside
the cabinet for maintenance purposes. The outlet shall be labeled "For maintenance
purposes only".

Provide four UL 20 duplex, 120V 15A rated, non-GFCI dedicated outlets inside the cabinet
for power of owner furnished network equipment. Provide EIA RS-310C defined 5U (19”
Wide x 22” Deep x 8.75” High) minimum unused space near the top of the cabinet for the
addition of network equipment.

The field controller cabinet shall have an identification nameplate mounted on the inside of
the service door. The manufacturer’s name, model number, serial number (if applicable),
electrical rating (voltage and current), date of manufacture, and the words "Outdoor Use"
shall be on the nameplate.

    (a) Interface - Data transmission between the field controller and the remote control
    offices shall be by standard dial-up telephone line or Ethernet network, depending on
    user configuration. Communications to a remote office is not part of this contract,
    however, each sign shall come equipped as specified so the Agency can add telephone
    or network circuits at a later date as determined.

    For dial-up connection, the controller shall support a variable transmission rate
    determined by autosyncing of a 33 kbps modem. This may be as little as 0.30 kbps or



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    as high as the modem permits. Communication to the modem shall be controlled by
    hardware handshaking. The modem shall operate with the controller at any speed or
    setting the modem establishes with the external source. Supply one 33 kbps external
    industrial modem. Provide and install all cabling, plugs, and communication devices
    required.

    The controller shall come equipped with two RS-232 connectors minimum. One RS-
    232 connector is for connecting to the external modem. The other RS-232 connector is
    to allow the user to connect a laptop for local control. Both ports shall be labeled for
    their intended use and meet the NTCIP specifications herein.

    The sign controller shall also come equipped with one native RJ-45 connector for the
    Agency to connect to an Ethernet network using category 5 cabling. Use of a serial to
    Ethernet converter for networking is not acceptable.

    A keyboard port shall be provided to allow the user to communicate with the controller
    for maintenance purposes. The Contractor shall supply a keyboard. A keyboard and
    port are not required if the controller comes equipped with a keypad or similar device for
    supporting the controller.

    The radar gun shall be able to detect the motorist speed and if the speed is above the
    thresholds described above, the sign shall display the message within 0.25 seconds
    from detection. The field controller shall hold the speed threshold messages activate
    for two cycles unless the radar gun detects a higher speed motorist. Afterwards, the
    sign shall display the default message.

    (c) Front Panel and Displays - The front panel of the controller shall have the
    following:

         •   On/Off Switch: This switch shall control the power to the field controller.
         •   RS-232 (TIA/EIA 232) connector: For connection to a modem.
         •   RS-232 (TIA/EIA 232) connector: For connection to a laptop computer.
         •   RJ-45 connector. For 10Base-T network connection.
         •   Display screen.

    (d) Memory - The field controller shall have both permanent and changeable memory.
    Permanent memory shall be plug-in programmable read only memory and shall contain
    the operating software and the radar messages. Changeable memory shall be
    randomly accessed memory with a battery backup that retains the data in memory for a
    minimum of one year following a power failure. Changeable memory shall contain the
    library of messages, the message display schedule and changeable operating
    parameters.

    (e) Passwords - The field controller, when supporting PPP over dial-up, shall always
    issue a CHAP challenge to any new connection being established as described in
    NTCIP 2103. Contact the Engineer for the CHAP secret and name to be used.

    (f) Clock - The field controller shall contain a computer readable time of year clock with
    a battery backup. The battery shall keep the clock operating properly for at least 10
    years without external power. The clock shall automatically adjust for daylight savings
    time and leap years through hardware and or software.



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    (g) NTCIP - This Specification references several standards by their NTCIP designated
    names. In many cases, the standard is more widely known by its original NEMA
    assigned number; in these cases, the NEMA standard is also identified in the formal
    references. The content of the NEMA standard is identical to that of the NTCIP
    standard.

    The controller shall implement the most recent version of the standard that is at the
    stage of Recommended or higher as of the date of this document, including any and all
    Approved or Recommended Amendments to these standards as of the same date. In
    addition, if a standard or amendment referenced by this procurement has not yet
    achieved the status of Recommended, the cited version shall prevail. Subsequent
    amendments or revisions to any document may be implemented pending the Engineer’s
    approval. Recent versions of each document are identified in 00952.05, but is the
    ultimate responsibility of the Contractor to monitor NTCIP activities to discover any
    more recent documents.

         (1) NTCIP Framework - The controller shall comply with NTCIP 2301 as a
         Managed Agent, and shall meet the requirements for Conformance Level 1. The
         controller may support additional Application Profiles at the manufacturer’s option.
         Responses shall use the same Application Profile used by the request. The
         controller shall support the receipt of application data packets at any time allowed by
         the subject standards.

         The controller shall support NTCIP 2101 in a null modem configuration for direct
         connection to a laptop.

         The controller shall also support NTCIP 2101 and NTCIP 2103 over a provided
         external dial-up modem connection. The dial-up modem shall support data rates of
         33.3 kbps, 19.2 kbps, 14.4 kbps, 9600 bps, 4800 bps, 2400 bps, 1200 bps, 600 bps,
         and 300 bps. The null modem connection shall support the same speeds with a
         maximum of 19.2 kbps. Additionally, the controller shall be able to make outgoing
         and receive incoming calls as necessary and support the following modem
         command sets:

             •    Hayes AT Command Set
             •    MNP5
             •    MNP10
             •    V.42bis

         When the controller is configured to support PPP, the Transportation Transport (T2)
         Profile option shall be supported. Encapsulation method 1 shall be supported as
         described in NTCIP 2201.

         When the controller is configured for communications over an Ethernet network, the
         Profile Requirements List (PRL) pertaining to UDP/IP shall be supported as
         described in NTCIP 2202.

         The controller may support additional Subnet Profiles at the manufacturer’s option.
         At any one time, only one Subnet Profile shall be active on a given communications
         port. If the sign controller has a port that supports multiple Subnet Profiles, the
         controller shall be configurable to allow the field technician to activate the desired



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         Subnet Profile and shall provide a visual indication of the currently selected Subnet
         Profile.

         The sign shall be equipped with the necessary hardware to implement the support
         of all object values required by these specifications and shall implement all of the
         functionality implied by these objects. The maximum response time for any object
         or group of objects shall be 200 milliseconds.

         (2) NTCIP Global Objects - The controller shall implement all mandatory objects of
         the mandatory conformance groups defined in NTCIP 1201 Global Object
         Definitions, as follows:

         Conformance Groups

             1. Configuration Conformance Group
             2. Security Conformance Group

         The software shall implement all mandatory objects of the optional conformance
         groups defined in NTCIP 1201 Global Object Definitions, as follows:

         Conformance Groups

             1. Time Management Conformance Group
             2. Report Conformance Group

         The software shall implement the following optional objects defined in NTCIP 1201
         Global Object Definitions, as follows:

         Objects

             1.   globalSetIDParameter
             2.   eventConfigLogOID
             3.   eventConfigAction
             4.   eventClassDescription

         (3) NTCIP Dynamic Objects - The controller shall implement all mandatory objects
         of all mandatory conformance groups defined in NTCIP 1203 Object Definitions for
         Dynamic Message Signs, as follows:

         Conformance Groups

             1. Sign Configuration Conformance Group
             2. Message Table Conformance Group
             3. Sign Control Conformance Group

         The software shall implement all mandatory objects of the optional conformance
         groups as defined in NTCIP 1203 Object Definitions for Dynamic Message Signs, as
         follows:

         Conformance Groups




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             1. GUI Appearance
             2. Font Definition
             3. VMS Sign Configuration
             4. MULTI Configuration
             5. Default Message
             6. MULTI Error
             7. Illumination/Brightness
             8. Scheduling
             9. Sign Status
             10. Status Error
             11. Pixel Error Status
             12. Fan Error Status
             13. Temperature Status

         The software shall implement the following optional objects defined in NTCIP 1203
         Object Definitions for Dynamic Message Signs, as follows:

         Objects

             1. defaultFlashOn
             2. defaultFlashOff
             3. dmsSWReset
             4. dmsMessageTimeRemaining
             5. dmsShortPowerRecoveryMessage
             6. dmsLongPowerRecoveryMessage
             7. dmsShortPowerLossTime
             8. dmsResetMessage
             9. dmsCommunicationsLossMessage
             10. dmsTimeCommLoss
             11. dmsEndDurationMessage
             12. dmsMemoryMgmt
             13. dmsMultiOtherErrorDescription
             14. dmsIllumLightOutputStatus
             15. watchdogFailureCount
             16. dmsStatDoorOpen
             17. fanFailures
             18. fanTestActivation
             19. lineVolts
             20. tempMinCtrlCabinet
             21. tempMaxCtrlCabinet
             22. tempMinAmbient
             23. tempMaxAmbient
             24. tempMinSignHousing
             25. tempMaxSignHousing

         (4) Sizes and Ranges - All objects required by these specifications shall support all
         values within its standardized range, unless otherwise approved by the Engineer.
         The standardized range is defined by a size, range, or enumerated listing indicated
         in the object’s syntax field and/or through descriptive text in the object’s description
         field of the relevant standard. The following provides the current listing of know
         variances for this project.



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         Objects                                       Minimum Project Requirements

              NTCIP 1201

         1. moduleTableEntry                           Shall contain at least one row with
                                                       moduleType equal to 3 (software). The
                                                       moduleMake shall specify the name of the
                                                       manufacturer, the moduleModel shall
                                                       specify the manufacturer’s name of the
                                                       component and the modelVersion shall
                                                       indicate the model version number of the
                                                       component.
         2.   maxTimeBaseScheduleEntries               7
         3.   maxDayPlans                              7
         4.   maxDayPlanEvents                         7
         5.   maxEventLogConfigs                       50
         6.   eventConfigMode                          onChange, greaterThanValue,
                                                       smallerThanValue
         7. maxEventLogSize                            200
         8. maxEventClasses                            7
         9. communityNamesMax                          4

              NTCIP 1203

         1.   numFonts                       4
         2.   maxFontCharacters              127 (for characters 1-127)
         3.   defaultBackgroundColor         black
         4.   defaultForegroundColor         amber
         5.   defaultFlashOn                 All values, shall be accurate to within 0.1
                                             second
         6. defaultFlashOff                  All values, shall be accurate to within 0.1
                                             second
         7. defaultJustificationLine         left, center, and right
         8. defaultJustificationPage         top, middle, and bottom
         9. defaultPageOn                    All values, shall be accurate to within 0.1
                                             second
         10. defaultPageOff                  All values, shall be accurate to within 0.1
                                             second
         11. defaultCharacterSet             eightBit
         12. dmsMaxChangeableMsg             50
         13. dmsFreeChangeableMemory         Shall be at least 24 KB when no messages
                                             are stored.
         14. dmsMultiString                  The DMS shall support any valid MULTI
                                             string containing any subset of those
                                             MULTI tags listed in MULT Message
                                             Language.
         15. dmsControlMode                  local, external, central, centralOverride
         17. dmsMemoryManagement             normal, clearChangeableMessages
         18. dmsMessageOtherErrorDescription If the vendor implements any vendor
                                             specific MULTI tags, the DMS shall provide



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                                                        meaningful error messages within this
                                                        object whenever one of these tags
                                                        generates an error.
         19. numActionTableEntries                      15

         (5) MULTI Message Language - The controller software shall implement the
         following tags (opening and closing where defined) of MULTI as defined in NTCIP
         1203 Object Definitions for Dynamic Message Signs:

         MULTI Tag                                          Range

                  1. Field                                  See Field Tag ID below
                  2. Flash                                  flash rates shall be controllable in 0.1
                                                            second increments and shall be
                                                            accurate to within 50% of this value.
                                                            The fl and /fl tags shall support flashing
                                                            on a character by character basis.
                  3.   Font
                  4.   Justification Line                   left, center, right
                  5.   Justification Page                   top, middle, and bottom
                  6.   Moving Text
                  7.   New Line
                  8.   New Page                             the sign shall support up to 2 instances
                                                            in a message (i.e., up to 3
                                                            pages/frames in a message counting
                                                            the first page)
                  9. Page Time                              shall be controllable in 0.1 second
                                                            increments and shall be accurate to
                                                            within 50% of this value.
                  10. Spacing - Character

         The Field Tag shall support the following field IDs:

                  1.   1                      Time, 12-hour format (no AM/PM indicator)
                  2.   2                      Time, 24-hour format
                  3.   3                      Temperature in degrees Celsius
                  4.   4                      Temperature in degrees Fahrenheit
                  5.   7                      Day of week
                  6.   8                      Day of month
                  7.   9                      Month of year
                  8.   10                     Year, 2-digits
                  9.   11                     Year, 4-digits

         (6) NTCIP Software Documentation - The software shall be supplied with full
         documentation, including a 89 mm (3.5 inch) floppy disk and/or CD-ROM containing
         ASCII versions of the following MIB files in ASN.1 format:

             a. The relevant versions of each official NTCIP Standard MIB Module referenced
             by the device functionality.




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              b. If the device does not support the full range of any given object within an
              NTCIP Standard MIB Module, provide a manufacturer specific version of the
              official NTCIP Standard MIB Module with the supported range indicated in
              ASN.1 format in the SYNTAX field of the OBJECT-TYPE macro. The filename
              of this file shall be the same as the standard MIB filename with the extension
              ".man".

              c. Additionally, ASCII versions of any and all manufacturer specific objects and
              traps supported by the device in ASN.1 format in a manufacturer specific MIB
              with accurate and meaningful DESCRIPTION fields and supported ranges
              indicated in the SYNTAX field of the OBJECT-TYPE and/or TRAP-TYPE
              macros.

         (7) Trap Definitions - Each manufacturer specific trap defined by these standards
         shall be designed to ensure that a device does not flood a network with traps, while
         also providing a mechanism for the central system to acknowledge the traps. One
         approach to achieve this trap management capability is being discussed within the
         Base Standards and Protocols Working Group of the NTCIP, but this approach is
         not yet standardized. The manufacturer shall develop a similar scheme using
         proprietary objects as needed and shall have the Project Engineer approve this
         design prior to implementation.

00952.71 Spare Parts - Provide the following spare parts:

    Equipment                                          Quantity

    LED pixel boards/character modules                    8

    DC power supplies                                     4

    Radar gun, controller, and associated                 1
    communication board

    Sign field controller                                 1

    Filters                                               enough for 1 year of service

00952.72 Handling and Packaging - Protect the signs from dirt, soil, and moisture. Mark
all packages on the outside to facilitate identification of the purchase order, the package
contents, the sign’s location since their messages differ, and any special handling
instructions.

00952.73 Training - Provide one eight-hour training class for the Agency personnel,
including necessary manuals, displays, notes, visual aids, etc., in the maintenance of the
sign and accessory equipment.

Submit a training outline to the Engineer for review at least 21 days prior to its proposal
use. Do not use the material for training prior to receiving the Engineer’s approval. Provide
approved material for 10 people to attend the training class. The Engineer may lengthen or
shorten the training time period. Training shall consist of classroom time and substantial
"hands on" experience at the sign site.



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Training shall include:

    •    Troubleshooting and diagnostics
    •    Periodic and preventative maintenance
    •    Installation and replacement of spare parts and consumables
    •    Operation of custom objects not covered by NTCIP, if applicable

The training period my run concurrently with construction, or may start with the 30-day
system test period.

00952.74 Site Test - An operational test shall be performed to ensure each sign and
associated radar gun has been installed correctly and is operational. The site test shall be
performed only after all construction line items involving the signs are closed out.
Coordinate the site test with the Engineer. Carefully examine each equipment assembly to
verify compliance of materials, design, construction, and workmanship with these special
provisions. Visually inspect all modules and subassemblies to determine any physical
defects. Test the assembled equipment in operation to determine whether all parts operate
correctly.

Verify and record the following information and provide to the Engineer for approval:

    •    Sign and controller cabinet serial numbers and software versions
    •    Verify NRTL labels
    •    Sign structure and controller cabinet assembly physical inspection
    •    Ventilation, lighting, and heating operation
    •    Sign housing access including doors and locks
    •    LED boards installation
    •    Sign wiring
    •    Power service
    •    Photocell operation
    •    Sign display based on vehicle speeds

If during the test there is an equipment or software failure, make necessary repairs and
restart the test. Any item of equipment that causes a restart of the test a total of three times
will be cause for rejection and replacement. Give the serial number of the rejected part to
the Engineer. Acceptance or approval of material and equipment following the site test
does not obligate the Engineer to accept the sign system. Final inspection and approval
will not be made prior to installation and the 30-day system acceptance test. Only upon
approval of the site test will the Engineer commence the 30-day system acceptance test.

00952.75 30-Day System Acceptance Test - Prior to acceptance, the complete system
will be required to exhibit satisfactory system operation and reliability by passing a 30
consecutive day, trouble free period of operation. The test shall be conducted after
successful completion of the site test and approval by the Engineer. The purpose of this
test is to demonstrate that the total system is properly installed, if free from identified
problems, complies with the specifications, and exhibits a reliable performance level.

Failure of any Contractor furnished hardware item during the test shall necessitate a restart
for the full 30-day duration after all repairs and replacements have been made.




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The Engineer may shorten the length of retest depending on the failure but in no case shall
the total test duration be less than 30 days.

No intermittent problems will be permitted to persist during the test. If such problems are
encountered, the test shall be halted until the problem is corrected.

All system documentation shall be corrected to reflect changes made during the test period
and resubmitted to the Engineer before final system approval.

00952.76 Warranty - Provide manufacturer’s warranties or guaranties on all Curve Warning
Signs before installing equipment on the project. Such warranties or guaranties shall recite
that they are enforceable by either the Contractor or ODOT. In addition, warrant all work
performed by the Contractor under this Section for a period of one year, beginning on the
date of final acceptance of such work. This warranty requires repair or replacement of
equipment warranted, as necessary to correct any defects or failures, and includes all
materials, equipment, tools, labor, and incidentals necessary to complete such repair or
replacement.

                                                Measurement

00952.80 General - There will be no separate measurement of work done under this
Section.

                                                   Payment

00952.90 General - Payment for work under this Section, except training, will be made at
the contract lump sum amount for the pay item "Curve Warning Signs, Complete".
Payment will include local control equipment at the sign site, spare parts, and installation
assistance by the manufacturer.

Payment for training shall be made under the lump sum pay item "VMS Training". Payment
for training shall include instructions, materials, and incidentals as needed.


      SECTION 00957 - BASIC ELECTRICAL MATERIALS, METHODS AND SERVICE


Section 00957, which is not in the Standard Specifications, is included in this project by
Special Provision.

00957.00 Scope - This Section describes installation and construction practices for conduit,
junction boxes, service cabinets, grounding and other miscellaneous electrical materials
necessary to provide electrical power service and communications to the Rome Hill Advance
Curve Warning System and the Type 4 variable message sign (VMS) at the Charles H.
Reynolds Rest Area. Such miscellaneous and incidental materials necessary to complete the
project, not specified herein, shall be furnished and installed by the Contractor under this bid
item.

In addition to the requirements of Section 00960, install power service and communications
to the facilities according to the following Specifications.




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See subsection 00160.30 for Agency furnished material provided under this contract.

00957.01 Submittals - Provide the following items to the Engineer for approval prior to
installation:

         Service cabinets                 Fabricator’s Shop Drawings

         Junction boxes                   Manufacture Specifications - Cut Sheets
                                          Dimensional Drawings

                                                   Materials

00957.20 Wood Poles - All wood poles shall conform to ANSI O5.1, Wood Poles, for Class
4 machine shaved Pacific Coast Douglas fir, and shall be treated to AASHTO M 133 and its
referenced AWPA Standards, except that only the following preservatives are allowed:

    •    Creosote
    •    Pentachlorophenol (any solvent)
    •    Ammonicacal Copper Zinc Arsenate
    •    Chromated Copper Arsenate Type A, B, or C

Air dry items with waterborne preservatives, as defined in AWPA P5, a minimum of 30
calendar days before installation. Kiln drying for two calendar days may be substituted for
30 calendar days of air-drying.

Field treat damage or drilled wood surfaces with a preservative listed in the Qualified
Products List.

                                                 Construction

00957.40 General - Complete all construction according to NFPA 70, the plans and these
specifications utilizing good workmanship consistent with customary trade practices.
Correct faulty workmanship and materials at no cost to the Agency. Obtain any necessary
permits needed to complete construction of the project. Construction methods shall meet
the following requirements:

00957.41 Proof Mandrel - As each section of a conduit line is completed from junction box to
junction box, draw a flexible testing mandrel approximately 12 inches long with a diameter
less than the diameter of the conduit through each conduit. After which, draw a stiff bristle
brush though the conduit, until conduit is clear of particles of earth, sand, and gravel;
immediately install end plugs.

00995.56 Wood Pole - Compact backfill thoroughly around wood pole. Setting depth for
the wood pole shown on the plans is 6.5 feet minimum in soil.

00957.55 VMS Site Acceptance Testing - Contractor shall terminate power and
communications with the sign per the plans and the manufacturer’s recommendations.
Contractor shall provide a bucket truck for Agency personnel access and an electrician
during the sign’s acceptance test for troubleshooting and electrical re-wiring as necessary.




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                                                Measurement

00957.80 Measurement - There will be no separate measurement for work done under this
Section.

                                                       Payment

00957.90 Payment (Lump Sum Basis) - The following items will be paid for at the
contract lump sum amount:

    (a) Rome Hill Advance Curve Warning System - Payment for the bid item "Basic
    Electrical Materials, Methods and Service, Complete", accepted in place, includes
    furnishing and installing all equipment and materials, permits, trench excavation and
    backfilling, trench inspection, horizontal directional drilling, conduits, conductors, pull
    lines, junction boxes, wood poles, power service, tools, labor, and incidentals necessary
    to complete the work as specified. Payment also includes advance curve warning sign
    and controller cabinet installation and VMS Site Acceptance Testing.

    (b) Charles H. Reynolds Rest Area Variable Message Sign - Payment for the bid
    item "Basic Electrical Materials, Methods and Service, Complete", accepted in place,
    includes furnishing and installing all equipment and materials, permits, trench
    excavation and backfilling, trench inspection, horizontal directional drilling, conduits,
    conductors, pull lines, junction boxes, wood poles, power service, tools, labor, and
    incidentals necessary to complete the work as specified. Payment also includes
    transporting Agency furnished equipment to project site, variable message sign and
    controller cabinet installation and VMS Site Acceptance Testing.


         SECTION 00960 - COMMON PROVISIONS FOR ELECTRICAL SYSTEMS


Comply with Section 00960 of the Standard Specifications modified as follows:

00960.41(f) Disposition of Waste Materials - Replace this subsection with the following
subsection:

00960.41(f) Disposal of Materials - Dispose of all materials according to 00290.20.


        SECTION 00995 - CHAIN UP AREA WIRELESS ILLUMINATION CONTROL


Section 00995, which is not a Standard Specification, is included in this project by Special
Provision.

00995.00 Scope - This work consists of installing a radio system for linking an existing
drum sign’s flasher circuit to a chain up area’s illumination control circuit. This modification
turns the area lighting on only when the chain up condition is posted and the illumination
photoelectric relay is activated, saving energy costs.




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Construct system in accordance with these special provisions and as shown. Such
incidental materials necessary to complete the project, not specified herein, shall be
furnished and installed by the Contractor under this bid item.

Install wood pole, cabinet and assembly, and common electrical materials according to this
special provision, the plans, and Standard Specification 00960.

00996.02 Required Submittals:

    (a) General - Within 30 days after the contract is awarded, submit to the Engineer a
    complete listing of all major components of the system and operational description for
    approval. Include the manufacturer’s name, model numbers, catalog sheets and/or
    other descriptive literature of proposed materials. The catalog sheets and literature
    shall include technical data, physical properties and operational description in sufficient
    detail to demonstrate the equipment meets these specifications. Submit installation
    details for the camera cabinet and schematic drawings showing all proposed materials,
    dimensions, part make, model, and quantity.

00995.03 Quality Assurance - Except as provided below, each electrical product shall be
listed for intended use in one of the following:

    •    Underwriters Laboratory Electrical Appliance and Utilization Equipment Directory
    •    Underwriters Laboratory Construction Materials Directory

Each product shall bear the listing organization’s label. In the absence of a label, provide
documentation verifying product listing.

For products not listed in the above directories, provide evidence that the product has been
tested and certified by a nationally recognized laboratory, in accordance with 29 CFR 1910.7.
The following are acceptable evidence:

    •    OSHA documentation that demonstrates recognition
    •    Laboratory documentation that verifies testing in accordance with a recognized
         national code or standard

00995.04 Regulations, Standards, and Codes - The following documents and other
referenced therein form part of the Contract to the extent designated in this Specification:

Code of Federal Regulations (CFR)

    Title 29, Part 1910.7            OSHA Recognition Process for Nationally Recognized
                                     Testing Laboratories

Underwriters Laboratories (UL)

         50-1995                Enclosures for Electrical Equipment
         489-2002               Molded-Case Circuit Breakers, Molded-Case Switches,
                                And Circuit-Breaker Enclosures
         508A-2001              Standard for Industrial Control Panels
         508C-2002              Standard for Power Conversion Equipment
         1059-2001              Standard for Terminal Blocks



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                                                   Materials

00995.10 Radio Coaxial Cable and Connectors - Provide a low loss foam dielectric
coaxial cable for the transmission of radio signals from the impulse suppressor to the
antenna. The cable shall have the following characteristics:

    Impedance:                                         50 Ohms
    Size:                                              ½ inch
    Maximum Frequency:                                 8.8 GHz
    Peak Power Rating:                                 38 kW minimum
    Capacitance:                                       23.2 pF/ft
    Inductance:                                        0.058 µH/ft
    Outer Conductor Material:                          Copper
    Inner Conductor Material:                          Copper-clad aluminum
    Jacket Temperature Rating:                         -40 to 140° F
    Attenuation at 900 MHz:                            2.07 dB/100 feet

The coaxial cable shall be Radio Frequency System’s LCF12-50 series or approved equal.

Provide a 50 Ohm low loss RG58 braided coaxial cable with foil and braid between the
radio and the impulse suppressor.

All connectors mated to coaxial cables shall be silver plated.

00995.11 Strain Relief Connector - For providing a means for the coaxial cable to enter
into the enclosure, Contractor shall provide and install strain relief connector. The strain
relief connector shall be suitable for wet locations to provide a secure and watertight sealed
cable entry means into an enclosure. Contractor to size connector to accommodate coaxial
cable outer dimensions. Strain relief connector shall be UL listed and constructed using
neoprene or PVC grommets. The body shall be malleable iron and zinc plated.

00995.12 Terminal Blocks - All terminal blocks shall comply with UL 1059 and be rated for
their intended use. For No. 10 AWG or smaller, use either one-piece or factory assembled,
sectional, double terminal, barrier type, with binder screw terminals. For No. 8 AWG
conductors and larger: Either 1-piece or factory assembled sectional barrier type with box
lug terminals having pressure plate between screw and conductor. Size all terminals for
conductors to be connected.

00995.13 Circuit Breakers - Circuit breakers shall be UL 489 listed.

00995.15 Wood Pole - Install 45 feet length wood pole as shown on the plans and within
these specifications. The wood pole shall conform to ANSI O5.1, Wood Poles, for Class 4
machine shaved Pacific Coast Douglas fir, and shall be treated to AASHTO M 133 and its
referenced AWPA Standards, except that only the following preservatives are allowed:

    •    Creosote
    •    Pentachlorophenol (any solvent)
    •    Ammonicacal Copper Zinc Arsenate
    •    Chromated Copper Arsenate Type A, B, or C




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Air dry items with waterborne preservatives, as defined in AWPA P5, a minimum of 30
calendar days before installation. Kiln drying for two calendar days may be substituted for
30 calendar days of air-drying.

Field treat damage or drilled wood surfaces with a preservative listed in the Qualified
Products List.

00995.16 Relay - Provide a relay between the drum sign’s flasher circuit and the radio.
Provide a relay between the receiving radio and the illumination circuit. The drum sign
flasher circuit relay shall meet the following requirements:

         Mounting:                                 Square base, DIN rail, socket style
         Coil Voltage:                             120 VAC
         Contact Arrangement:                      SPDT or DPDT
         Contact Rating:                           10A, 120VAC
         Listing:                                  UL 508

The illumination circuit’s relay shall meet the following requirements:

         Mounting:                                 Square base, DIN rail, socket style
         Coil Voltage:                             24V DC
         Contact Arrangement:                      SPDT or DPDT
         Contact Rating:                           10A, 120VAC
         Listing:                                  UL 508

00995.17 Antenna - Provide directional antennas as shown on the plans. The antenna
shall meet the following requirements:

         Type:                                                Yagi
         Elements:                                            3 or 4
         General Frequency Range:                             896-970 MHz
         Voltage Standing Wave Ratio (VSWR):                  1.5:1
         Gain:                                                5 to 7 dB
         Beamwidth Vertical:                                  57 degrees
         Beamwidth Horizontal:                                72 degrees
         Maximum Power Input:                                 300 Watts
         Polarization:                                        Vertical
         Connector:                                           N Female
         Rated Wind Velocity:                                 125 mph
         Mounting Hardware:                                   Stainless Steel

00995.19 Impulse Suppressor - To provide surge suppression on the radio transmission
line, provide an impulse suppressor meeting the following requirements:

         Frequency Range:
         Insertion Loss:
         Equipment Side Connector:                     N Female
         Antenna Side Connector:                       N Female
         Throughput Energy:                            10000 J for 3kA @ 8/20 s waveform
         Throughput Voltage:                           1018 V peak to peak
         Turn On Voltage:                              +/- 600 V



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         Impedance:                                    50 Ohms
         Mounting:                                     Wall mount by flange

00995.20 Sealing Compound for Conduit - This subsection replaces 02920.28 Conduit
Plug. Use duct seal only, closed cell polyethylene foam is not acceptable. Use Gardner-
Bender "Duct Seal", Ideal Industries "Duct Seal", or equal. Seal all conduit ends.

00995.21 Lubricant and Sealant for Conduit Thread - Use a conductive compound
providing anti-seize and corrosion protection of conduit threads. Use Thomas & Betts
"KOPR-SHIELD" or equal.

00995.22 Cabinet - Provide a stainless steel padlockable UL 50 Type 4X enclosure for
housing the radio and necessary equipment as shown. The enclosure shall have a back
plane for wall mounting equipment.

                                                  Equipment

00995.30 Radio - Provide two radios for the transmission and receiving of contact closure
activation over a wireless data link. The radios shall meet the following requirements:

         Frequency:                                    900 MHz, unlicensed
         Technology:                                   Frequency hopping spread spectrum
         Typical Transmission Range:                   At least 10 miles with line of sight
         Output Power:                                 1mW, 10mW, 100 mW, 1 W selectable
         Encryption:                                   AES-128 or manufacturer proprietary
         Receiver Sensitivity:                         -113 dBm
         System Gain:                                  145
         System Topology:                              Point to Point
         Power:                                        12-24 VDC
         Operating Temperature Range:                  -40 to 160° F
         Operating Humidity Range:                     0 to 95%, non-condensing
         Inputs:                                       8, 0-24 VDC
         Outputs:                                      8, digital open collector
         Mount:                                        Wall

The radio system shall be designed specifically for industrial supervisory control and data
acquisition (SCADA) and traffic applications. Provide any programming software to the
Engineer that comes with the radios. The radios shall be Encom Wireless Data Solution’s
Model Commpak I/O 8 or approved equal.

00995.32 DC Power Supply - Provide a DC power supply for powering each radio as
shown. The DC power supply shall meet the following specifications:

         Input Voltage Range:                          90V to 130V AC
         Frequency Range:                              43-67 Hz
         Output Voltage:                               24V DC
         Output Current:                               3A (minimum)
         Overvoltage Protection:                       Yes, with auto recovery
         Efficiency:                                   90% or greater
         Mounting:                                     DIN Rail
         Operating Temperature Range:                  -10 to 158° F



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         Operating Humidity Range:                     0 to 95%, non-condensing
         Listings:                                     UL 508C

It is the Contractor’s responsibility to make sure the negative terminal of the 24V DC output
is grounded as required by the radio.

00995.33 Control Panel - Install terminal blocks, circuit breakers, radio, power supply, and
the radio in the cabinets as shown on the plans.

The entire cabinet assembly shall be UL 508A listed by a UL certified panel shop. The UL
508A panel shop shall document the layout of the cabinet assembly and internal wiring.
Contractor shall submit this information to the Engineer for approval prior to assembly.

                                                 Construction

00995.50 Installation - Install the equipment as shown and in accordance with these
Specifications. All electrical work shall be in accordance with NFPA 70, the National
Electrical Code and the Oregon Electrical Specialty Code, 2008.

It is the Contractor’s responsibility to ensure that the maximum effective isotropically
radiated power (EIRP) for this system does not exceed +36 dBm as required by the FCC.
This includes the transmitted power of the radio, cable loss, and antenna gain.

00995.55 Identification and Marking - All cables and wiring between subsystems shall be
clearly and permanently labeled. All conductors shall be marked by means of imprinted
tubular white or yellow plastic wire markers placed at the conductor terminations. Attach
wire markers at termination points within 2 inches of wire terminations.           Marker
nomenclature shall be visible without moving wires or markers.

00995.56 Wood Pole - Compact backfill thoroughly around wood pole. Setting depth for
the wood pole shown on the plans is 6.5 feet minimum in soil.

00995.57 System Acceptance Test - Coordinate an acceptable time with the Engineer at
least two weeks in advance of the System Acceptance Test. The Contractor shall provide
an electrician and bucket truck for the test. The Contractor shall successful demonstrate
the illumination circuit is activated/deactivated remotely over the wireless link.

The test shall be witnessed by the Engineer, ITS Support Coordinator, Radio Technician,
and the Electrician.

                                                Measurement

00995.80 Measurement - There will be no separate measurement for work performed for
the lump sum pay item "Chain Up Area Wireless Illumination Control".




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                                                   Payment

00995.90 Payment - Payment will be made at the contract lump sum amount for the
installation of the "Chain Up Area Wireless Illumination Control" system which includes:

Installation of wood pole, cabinets, radios, antenna, trenching and backfill, conduit, junction
boxes, grounding and bonding, conductors, cables and other miscellaneous electrical work
in accordance with these specifications, Standard Specification 00960, and the plans.

Incidentals, equipment, materials, tools, and labor necessary to complete the work as
specified.




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                                     SECTION 02030 - MODIFIERS


Comply with Section 02030 of the Standard Specifications modified as follows:

02030.10 Fly Ash - Replace this subsection with the following subsection:

02030.10 Fly Ash - Furnish Class C, Class F, or Class N fly ash from the QPL and
meeting the requirements of AASHTO M 295 (ASTM C 618).



                       SECTION 02110 - POSTS, BLOCKS, AND BRACES


Comply with Section 02110 of the Standard Specifications modified as follows:

02110.40(a) Grading - Replace the Douglas Fir and Hem-Fir grading requirements with
the following grading requirements:

        Species                      4" x 4"             4" x 6"          6" x 6"
                                                                        and Larger

        Douglas Fir              124-c WCLIB           123-c WCLIB     131-cc WCLIB
                                 42.12 WWPA            62.12 WWPA      80.12 WWPA

        Hem-Fir                  124-c WCLIB           123-c WCLIB     (not allowed)
                                 42.12 WWPA            62.12 WWPA      (not allowed)



                                     SECTION 02560 - FASTENERS

    Comply with Section 02560 of the Standard Specifications modified as follows:

    02560.70 Lubricating Fasteners - Replace this subsection, except for the subsection
    number and title, with the following:

    Furnish all galvanized and coated fasteners with a factory applied commercial
    water-soluble wax that contains a visible dye of a color that contrasts with the color of
    galvanizing or coating. Black fasteners shall be "oily" to the touch when installed.

    Field lubricate galvanized bolts in tapped holes, galvanized anchor rods, and galvanized
    tie rods with a lubricant from the QPL. Apply lubricant to threads and to bearing
    surfaces that will turn during installation.

    Protect fasteners from dirt and moisture at the job site. Clean, relubricate with a
    lubricant from the QPL, and retest fasteners that do not pass the field rotational capacity
    test. Obtain the Manufacturer's approval before relubricating tension control fasteners
    that are designed to automatically provide the tension.




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    Coat the outer surface of the collar in lock-pin and collar fasteners with an approved
    Manufacturer lubricant.



                                SECTION 02630 - BASE AGGREGATE


Comply with Section 02630 of the Standard Specifications modified as follows:

02630.10(a) Grading - In Table 02630-01, add the following sieve size line before the
No. 10 sieve size line and add the following footnote at the end to the table:

              No. 4 *                                                       

       * Report percent passing sieve when no grading requirements are listed




                                                       *****




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