Bulletin 101_66-Rev-1: General Conditions Template Redline Revisions Posted...

Statewide Programs Unit

Certification Program Office (CPO)

Policy Number: 101_66-Rev-1

Supersedes:

101_65 (in part)

Effective Date: 12/04/2023

Revised: 08/14/2024

Reference: ODOT Certification Program

Target Audience: Certified Local Public Agencies, Region Managers and Local Agency Liaisons

Subject: 2024 Certified LPA General Conditions Template: Redline of 2023 and 2024 Boilerplate Updates

 

 

CC: ODOT Statewide Investments Section Manager, FHWA, ODOT Statewide Programs Unit, ODOT Subject Matter Resources (Dan Anderson, Betty Fears)

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.

 (Note: Substantive Rev-1 revisions are shown in underlined text.)

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CPO Bulletin 101_66-Rev-1 notifies Certified LPAs that the 2024 General Conditions Template referenced in 101_65 has been replaced by a redline revision of the template that contains applicable ODOT boilerplate special provisions issued through August 5, 2024. 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. Additionally, the template has been reformatted to a standard layout of 8.5 x 11 letter size rather than specification book size.

2.  Summary of 2023 and 2024 Redline Updates: The following sections have been updated:

  • 00110.05 Conventions […]: Minor fix, deleted word “Section” in (b). (2023)
  • 00120.00 Prequalification of Bidders: Updated the ODOT Procurement Office address. (2024)
  • 00120.40 Preparation of Bids: Added 00160.20(d) Build America Buy America Act Requirements to Bidding Considerations list under (b). (2023) In (f), updated an Oregon Administrative Rule reference. (2024)
  • 00130.40 Contract Submittals: In the lead-in paragraph, added (optional) language providing Agency discretion to require execution of particular documents with an acceptable form of electronic signature. In (c), corrected the cross-reference to 00170.70(e). (2024)
  • 00130.50 Execution of Contract and Bonds: In the lead-in paragraph, added (optional) language providing Agency discretion to require execution of particular documents with an acceptable form of electronic signature. (2024)
  • 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)
  • 00165.35(e) Certification of Origin of Construction Materials (important update): Revised to require use of a form “furnished by the Engineer” rather than specifying a form number. (2024)
  • 00170.61(a) Workers’ Compensation: Corrected the cross-reference to 00170.70(e). (2024)
  • 00170.65(b)(1) Minimum Wage Rates: Updated state wage rate publication title. (2024)
  • 00170.70 Insurance: In (d) and (g), added “Oregon” in front of Department of Transportation. In (j) and (k), revised to limit applicability to State of Oregon to when federal transportation funding is involved. (2024)
  • 00180.21 Subcontracting: In (a), corrected the cross-reference to 00170.70(g). (2024) In (d), minor fix, deleted word “Subsection”. (2023)
  • 00195.50 Progress Payments and Retained Amounts (important update): In (c) and (f), updated provisions to comply with Oregon House Bill 4006 (2024), which obligates contracting agencies to accept a surety bond in lieu of all or a portion of required retainage with limited exceptions (effective upon passage and applies to contracts into which a contractor or subcontractor enters on and after the effective date). (2024)
  • 00197.20 Equipment: At (c)(1), added an advisory editorial note regarding the formula formatting. (2024). 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:

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 503-986-3777 or Daniel.A.ANDERSON@odot.oregon.gov.

Questions, concerns, or need an ADA accommodation or alternate format?  Please contact us at:

Tiffany Hamilton

Local Agency Certification Program Manager

ODOT Statewide Programs Unit

Tiffany.HAMILTON@odot.oregon.gov

503-551-6277

Certification Program Office

ODOT Statewide Programs Unit

Statewide Investments Management Section

ODOTCertification@odot.oregon.gov

 

Link to online posted version of policy


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