Policy Summary Information
PURPOSE:
To notify Certified Local Public Agencies (LPAs), including LPAs seeking certification, about the following:
- The Certified LPA General Conditions template and related documents have been updated to align with the 2021 Oregon Standards Specifications for Construction as explained in section 1. below;
- The timelines for Certified LPAs to update and submit their general conditions, bid book, contract, and special provision documents are set out in section 2. below;
- The 2021 template and related documents are listed and linked in section 3. below;
- The updated submittal, review, and approval processes are set out in section 4 below; and
- Technical assistance information is included in section 5 below.
BULLETIN INFORMATION:
1. Background:
ODOT has published a 2021 update to the Certified LPA General Conditions for Construction template to bring it up-to-date and into alignment with the 2021 Oregon Standard Specifications for Construction. The instructions in the 2021 template have been revised to address common issues observed in the use of the prior template. As noted in section 3 below, ODOT has published several sample forms and provisions for optional use by Certified LPAs. The ODOT/DOJ review team developed these sample forms and provisions to be consistent with the Certified LPA General Conditions Template. Finally, ODOT substantially revised the comment-tracking log to include instructions and notes to facilitate the review and approval process.
Generally, Certified LPAs are required to use the current Oregon Standard Specifications for Construction on their federally funded projects. The General Conditions found in the 00100 section of the Oregon Standard Specifications must be modified for use by Certified LPAs and approved by ODOT.
A committee of ODOT and American Public Works Association members first developed a template as a starting point for LPAs several years ago. Most recently, ODOT consulted with Oregon Department of Justice (DOJ) and the Certification User Group Standards Subcommittee in the development of the 2021 update.
2. Applicability and timelines:
Both the 2021 Certified LPA General Conditions template and the 2021 Oregon Standard Specifications for Construction are available for use. Certified LPAs are required to bring their general conditions and technical specifications for use on federal-aid projects into alignment with the 2021 provisions as follows:
a. Scheduling reviews: To avoid a backlog and to ensure adequate review time, each Certified LPA should reach out to the Certification Program Manager by August 21, 2020, to coordinate an agreed upon submittal and review schedule.
b. Final PS&E submittal date: Final PS&E packages submitted to ODOT for approval on or after October 1, 2020 shall include the 2021 provisions, unless otherwise agreed to and approved by the ODOT Certification Program Manager.
c. Advertisement date: Regardless of the date of the final PS&E package submittal, Certified LPA projects advertised after January 1, 2021 shall include the 2021 provisions, unless otherwise agreed to and approved by the ODOT Certification Program Manager.
3. Links to the template and related documents:
a. The 2021 LPA General Conditions Template and related documents are posted on the Certification Guidance and Forms page under the Construction-related Templates & Samples drop-down menu as follows:
- 2021 Certified LPA General Conditions Checklist & Comment Tracking Log
- 2021 Certified LPA General Conditions template
- 2021-2018 Certified LPA General Conditions Comparison (redline)
- Sample Contract for Certified LPAs
- Sample Performance & Payment Bonds for Certified LPAs
- Sample Project Wage Rates for Certified LPAs
- Sample Liquidated Damages Calculator
- Sample Certified LPA Special Provision 00180.85(b) Liquidated Damages
b. The Oregon Standard Specifications for Constructions and the ODOT Boilerplate Special Provisions are posted on the ODOT Project Controls Office website.
4. Preparation and submittal process:
a. General Conditions Document:
1. Draft the Certified LPA’s General Conditions: The Certified LPA shall modify in track changes the 2021 General Conditions for Certified LPAs template to establish the agency’s proposed general conditions for use on federal-aid projects. This requirement, along with agency specific requirements related to amendments, is in the master Local Agency Certification Program Agreement. A best practice is to start with the 2021 template and then apply any custom LPA language with track changes turned on. Using the file comparison feature in the Word processor may facilitate this.
In general, the 2021 template updates match the 2021 Oregon Standard Specifications for Construction and should be adopted unless otherwise discussed and agreed to with ODOT. However, Certified LPAs that already have prior ODOT-approved exceptions to particular provisions may retain them provided those exceptions are internally consistent with other provisions throughout the agency’s specifications and contract documents. (See the instructions in the “LPA Notes” column of the tracking log.)
Note on Certified LPA revisions: The provided templates have been drafted to be internally consistent with each other and the Oregon Standard Specifications. The fewer changes the Certified LPA makes to the standard language in the templates, the quicker the review time.
2. ODOT boilerplate updates to section 00100: Between the July 31, 2020 publication of the 2021 Certified LPA General Conditions template and the date a Certified LPA submits its documents for review, ODOT may have issued boilerplate updates affecting Section 00100. It is the Certified LPA’s responsibility to review the ODOT boilerplates to see if any updates to section 00100 should be incorporated into the Certified LPA’s general conditions. Updates that reference new state law requirements or federal program requirements most likely, but do not always, apply.
b. Bid Book and Contract Documents:
- Certified LPAs are required to prepare and submit the following LPA templates and documents for review along with the general conditions document:
- Advertisement;
- Bid booklet (sometimes called “invitation to bid”) (including attachments and referenced documents such as the sample contract and bond forms);
- Liquidated damages calculation approach (subject to FHWA approval); and
- Agency-specific special provisions for use on federal-aid projects.
This is because the provisions in these documents often have the effect of modifying the general conditions. Certified LPAs should try to eliminate any redundancies and inconsistencies in the bid and contract documents with the general conditions by cross-referencing the appropriate sections of the general conditions where appropriate.
- For Certified LPAs with previously approved bid book and contract documents, please submit a track changes version of the updated documents.
c. Review Checklists & Comment Tracking Log:
To facilitate ODOT and DOJ review, Certified LPAs should carefully review the ODOT Instructions/Notes column as they make decisions on which provisions to adopt or modify. The Certified LPA should fill in the Certified LPA Notes column in the 100s Checklist and Bid Book & Contract Checklist tabs according to the instructions.
Note on local legal review: The Certified LPA should certify that the documents being submitted for ODOT/DOJ review have been prepared in accordance with ODOT instructions and certify they have been reviewed with local legal counsel. The Certified LPA should document these statements in each checklist of the comment log and in the email submitting the documents to ODOT for review; without these statements the submittal will be returned to the Certified LPA as incomplete.
d. Submissions: Certified LPAs should submit a complete set of documents including all of the following in Word format to the CPO for ODOT/DOJ review at ODOTcertification@odot.state.or.us:
- Comment tracking log with the LPA Notes columns and the certification statements completed for each checklist;
- Certified LPA’s modifications to the 2021 Certified LPA General Conditions template (shown in track changes);
- Bid booklet and related contract documents listed in section 4.b. above (if previously approved, shown in track changes); and
- Any Certified LPA special provisions intended for use on federal-aid projects (if previously approved, shown in track changes).
e. Approvals:
1. Certified LPAs with full ODOT-approval of their 2018 General Conditions, Bid Book, and Contract Documents: This approval procedure is for Certified LPAs that have fully completed the 2018 general conditions update and approval process with no outstanding issues to be resolved with the ODOT/DOJ review team. For these agencies, if the Certified LPA does all of the following, the agency may immediately begin use of their updated documents while ODOT’s review and approval are pending:
- Follows the document preparation and submittal process set out in this bulletin;
- Certifies that the documents submitted have been prepared in accordance with the instructions; and
- Certifies that the Certified LPA’s legal counsel has reviewed all of the documents submitted (include the legal reviewer’s name and date(s) of review in the certification statement).
Note on Certified LPA responsibility for nonparticipating costs: If the Certified LPA makes new revisions or retains previously approved revisions that are legally impermissible, otherwise unacceptable, or end up being inconsistent with other provisions and result in federal non-participation, the Certified LPA shall be responsible for the nonparticipating costs.
2. Certified LPAs without full ODOT-approval of their 2018 General Conditions, Bid Book, and Contract Documents: The Certified LPA’s general conditions and related documents must be approved by ODOT prior to use on federal-aid projects. Please allow at least 60-90 days for the review process. It may be helpful for the ODOT/DOJ review team to meet with Certified LPA staff and their legal counsel once or twice during the process to allow the Certified LPA to explain its approach and to resolve review team questions. Please contact the Certification Program Manager to coordinate these meetings as needed.
5. Technical assistance:
Please contact Tiffany Hamilton, Certification Program Manager at the contact information listed below or Dan Anderson, Senior Specifications Engineer at Daniel.A.ANDERSON@odot.state.or.us or 503-986-3777 for questions regarding the use of the templates, sample documents, and tracking log or about the review and approval process.
Feedback: We are always trying to improve. Please send any feedback regarding this document to the Certification Program Manager or Certification Program Office mailbox, or contact us by phone.
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