Certification Program Office: Policy Update

PURPOSE:

To notify Certified Local Public Agencies (LPAs) that the 2024 General Conditions for Construction for Certified Local Public Agencies Template (“2024 General Conditions Template”) has been updated with redline revisions and is posted for review and use.

BULLETIN INFORMATION:

1.  Background: On July 27, 2023, ODOT issued CPO Bulletin 101_65: 2024 Certified LPA General Conditions template and process updates. This CPO Bulletin 101_66 notifies Certified LPAs that the 2024 General Conditions Template referenced in 101_65 has been replaced by a redline revision of the template that contains applicable ODOT boilerplate special provisions issued through November 2, 2023. The update also contains a small number of other needed template fixes shown in redline. However, there have been some fixes made to the font style formatting that are not shown in redline.

2.  Summary of 2023 Redline Updates: The following sections have been updated:

• 00110.05 Conventions […]: Minor fix, deleted word “Section” in (b). (2023)
• 00120.40 Preparation of Bids: Added 00160.20(d) Build America Buy America Act Requirements to Bidding Considerations list under (b). (2023)
• 00160.20 Preferences for Materials: Revised Buy America provisions in (a) and Build America Buy America provisions in (d) to implement changes resulting from two new federal rules: (1) Waiver of Buy America Requirements for De Minimis Costs and Small Grants published by the U.S. DOT on August 16, 2023 (effective August 16, 2023); and (2) Guidance for Grants and Agreements published by the Federal Office of Management and Budget (OMB) on August 23, 2023 (effective October 23, 2023). (2023)
• 00180.21 Subcontracting: Minor fix, deleted word “Subsection” in (d). (2023)
• 00197.20 Equipment: Increased the standby time rate percentage from 40% to 50% in (e). Certified LPAs need to review and determine whether to adopt the update. (2023)
• 00197.80 Percentage Allowances: Increased the Contractor markup rate percentages on Materials (from 17% to 19%), Equipment (from 17% to 19%), Labor (from 22% to 29%), and Special Services (from 17% to 19%). Certified LPAs need to review and determine whether to adopt the update. (2023)

3.  Webpage links:

• The 2024 General Conditions Template (redlined with the 2023 boilerplate updates) and related documents are posted on the Certification Guidance and Forms page under the Construction-related Templates & Samples drop-down menu at: https://www.oregon.gov/ODOT/LocalGov/Pages/Certification-Guidance-Forms.aspx
• The Oregon Standard Specifications for Constructions and the ODOT Boilerplate Special Provisions are posted on the ODOT Project Controls Office website at: https://www.oregon.gov/odot/Business/Pages/Standard_Specifications.aspx

4.  Technical Assistance: For questions regarding the use of the Certified LPA construction contracting templates and sample documents or about the review and approval process, contact the Certification Program Manager (information listed below) or the State Specifications Engineer, Dan Anderson at Daniel.A.ANDERSON@odot.oregon.gov or 503-986-3777.

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