justicedao/ipfs_state_laws huggingface dataset:
734-010-0360 Effect of Suspension on Business (1) Any prequalification suspension shall be binding upon the following: (a) Any contractor suspended according to 734-010-0320; (b) Any business with which such contractor's owners, officers, directors or managing agents are associated; (c) Any subsidiaries, affiliates, parent corporations, joint ventures, successors, assigns of the contractor; and (d) Any entity in which the contractor, its owners, officers, directors and managing agents are owners, majority shareholders or such persons own in the aggregate a majority of shares, partners, directors, officers or agents, other than in a capacity solely as an employee of that other entity or business. (2) Such suspensions of these other entities and businesses shall apply continuously during the contractor's period of suspension. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: HWD 3-2016, f. & cert. ef. 11-28-16 HWD 1-2005, f. 2-16-05, cert. ef. 3-1-05
734-010-0380 DAS Appeal Process Covering Contractor Evaluations (1) In the event that a contractor's prequalification is suspended by ODOT, the contractor may appeal the suspension to DAS in accordance with ORS 279C.445 and 279C.450. If the contractor wishes to appeal suspension of its prequalification as a bidder to DAS, the contractor must, within 7 business days after receipt of notice of suspension, notify the OPO Construction Contracts Manager in writing. (2) Upon receipt of such notice of appeal, the OPO Construction Contracts Manager will immediately notify the Director of DAS and the SCME. (3) The Director of DAS will notify the appealing party and ODOT of the time and date of the hearing. The hearings appeal and final decision will take place in accordance with the statutory requirements and applicable DAS rules. (4) If the suspension is upheld, the OPO Construction Contracts Manager will notify the contractor and the SCME that the suspension of the contractor's prequalification will begin 10 days after the contractor is notified. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050, 279A.065 & 279C.430 Statutes/Other Implemented: ORS 279C.430 History: HWD 3-2016, f. & cert. ef. 11-28-16 HWD 12-2012, f. & cert. ef. 11-21-12 HWD 1-2005, f. 2-16-05, cert. ef. 3-1-05
734-010-0410 Termination of Contract Termination of the Contract shall not relieve the Contractor of responsibility for completed portions of the Work, or the Contractor's surety from the obligations arising from the Work performed. The Solicitation Document shall describe the terms and conditions of termination. Statutory/Other Authority: ORS 184.616, 184.619, 279A.050 & 279A.065 Statutes/Other Implemented: ORS 279C.365, 279C.375 & 279C.390 History: DOT 1-2018, renumbered from 731-005-0790, filed 02/26/2018, effective 02/26/2018 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
734-010-0420 Waiver of Delay Damages Against Public Policy Any clause in a Public Improvement Contract purporting to waive, release, or extinguish the rights of a Contractor to damages resulting from ODOT's unreasonable delay in performing the Contract is void and unenforceable, as against public policy. However, Contract provisions requiring notice of delay, providing for alternative dispute resolution such as arbitration or mediation, providing other procedures for settling Contract disputes, or providing for reasonable liquidated damages, are enforceable. Statutory/Other Authority: ORS 184.616, 184.619, 279A.065 & 279A.050 Statutes/Other Implemented: ORS 279C.315 History: DOT 1-2022, renumbered from 731-007-0280, filed 01/13/2022, effective 01/13/2022 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
734-010-0440 Contractor Progress Payments (1) Progress payments. Each month ODOT shall make a progress payment based upon an estimated percentage of the Contract Work completed. Progress payments will not be made for less than $1,000 in any given month unless requested by the Contractor. At ODOT's discretion, this request may also include the value of material to be incorporated in the completed Work, that has been delivered to the premises and appropriately stored. The sum of these estimates is referred to as the "value of completed Work." With these estimates as a base, ODOT will make a progress payment to the Contractor, which shall be equal to the value of completed Work: (a) Less those amounts that have been previously paid; (b) Less other amounts that may be deductible or owing and due to ODOT for any cause; and (c) Less the appropriate amount of retainage. (2) Progress payments do not mean acceptance of Work. Progress payments shall not be construed as an acceptance or approval of any part of the Work, and shall not relieve the Contractor of responsibility for defective workmanship or material. Statutory/Other Authority: ORS 184.616, 184.619, 279A.065 & 279A.050 Statutes/Other Implemented: ORS 279C.570 History: DOT 1-2022, renumbered from 731-007-0300, filed 01/13/2022, effective 01/13/2022 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
734-010-0450 Interest (1) Prompt payment policy. ODOT shall pay promptly all payments due and owing to the Contractor on Contracts for Public Improvements. (2) Interest on progress payments. Late payment interest shall begin to accrue on payments due and owing on the earlier of 30 Days after receipt of invoice or 15 Days after Agency approval of payment (the "Progress Payment Due Date"). The interest rate shall equal three times the discount rate on 90-day commercial paper in effect on the Progress Payment Due Date at the Federal Reserve Bank in the Federal Reserve district that includes Oregon, up to a maximum rate of 30 percent. (3) Interest on final payment. Final payment on the Contract Price, including retainage, shall be due and owing no later than 30 Days after Contract completion and acceptance of the Work. Late-payment interest on such final payment shall thereafter accrue at the rate of one and one-half percent per month until paid. (4) Settlement or judgment interest. In the event of a dispute as to compensation due a Contractor for Work performed, upon settlement or judgment in favor of the Contractor, interest on the amount of the settlement or judgment shall be added to, and not made part of, the settlement or judgment. Such interest, at two times the discount rate but not to exceed 30% on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve District that includes Oregon on the date and accruing from the later of: (a) The Due Date of any Progress Payment received under the Contract for the period in which such Work was performed; or (b) Thirty Days after the date on which the claim for payment under dispute was presented to ODOT by the Contractor in Writing or in accordance with applicable provisions of the Contract. Statutory/Other Authority: ORS 184.616, 184.619, 279A.065 & 279A.050 Statutes/Other Implemented: ORS 279C.570 History: DOT 1-2022, renumbered from 731-007-0310, filed 01/13/2022, effective 01/13/2022 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
734-010-0460 Final Inspection (1) Notification of Completion; inspection. The Contractor shall notify ODOT in Writing when the Contractor considers the on-site Contract Work completed. Within 15 Days of receiving the Contractor's notice, ODOT will inspect the project and project records, and will either accept the Work or notify the Contractor of remaining Work to be performed. (2) Acknowledgment of acceptance. When ODOT finds that all Work required under the Contract, both on-site and administrative, has been completed satisfactorily, ODOT shall acknowledge acceptance of the Work in Writing. Statutory/Other Authority: ORS 184.616, 184.619, 279A.065 & 279A.050 Statutes/Other Implemented: ORS 279C.570 History: DOT 1-2022, renumbered from 731-007-0320, filed 01/13/2022, effective 01/13/2022 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
734-010-0470 Agency Payment for Unpaid Labor or Supplies (1) Contract incomplete. If the Contract is still in force, ODOT may, in accordance with ORS 279C.515(1), pay a valid claim to the Entity furnishing the labor or services, and charge the amount against payments due or to become due to the Contractor under the Contract. Under terms of the Contract it is the Contractor's responsibility to make payment on any such claims. The Contractor and the Contractor's surety shall not be relieved from liability for unpaid claims. (2) Contract completed. If the Contract has been completed and all funds disbursed to the prime Contractor, all claims shall be referred to the Contractor's surety for resolution. ODOT shall not make payments to subcontractors or suppliers for Work already paid for by ODOT. Statutory/Other Authority: ORS 184.616, 184.619, 279A.065 & 279A.050 Statutes/Other Implemented: ORS 279C.515 History: DOT 1-2022, renumbered from 731-007-0330, filed 01/13/2022, effective 01/13/2022 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
734-010-0500 Contract Suspension; Termination Procedures (1) Suspension of Work. In the event ODOT suspends performance of Work for any reason considered by ODOT to be in the public interest other than a labor dispute, the Contractor shall be entitled to a reasonable extension of Contract time, and to reasonable compensation for costs, including a reasonable allowance for related overhead, incurred by the Contractor as a result of the suspension. (2) Termination of Contract by mutual agreement for reasons other than default. (a) The parties may agree to terminate the Contract or a divisible portion thereof if: (A) ODOT suspends Work under the Contract for any reason considered to be in the public interest (other than a labor dispute or any judicial proceeding relating to the Work filed to resolve a labor dispute); and (B) Circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Work. (b) When a Contract, or any divisible portion thereof, is terminated pursuant to section (2) of this rule, ODOT shall pay the Contractor a reasonable amount of compensation for preparatory Work completed, and for costs and expenses arising out of termination. ODOT shall also pay for all Work completed, based on the Contract Price. Unless the Work completed is subject to unit or itemized pricing under the Contract, payment shall be calculated based on percent of Contract completed. No claim for loss of anticipated profits will be allowed. (3) Public interest termination by ODOT. ODOT will include in its Contracts, terms detailing the circumstances under which the Contractor shall be entitled to compensation as a matter of right in the event ODOT unilaterally terminates the Contract for any reason considered by ODOT to be in the public interest. (4) Responsibility for completed Work. Termination of the Contract or a divisible portion thereof pursuant to this rule shall not relieve either the Contractor or its surety of liability for claims arising out of the Work performed. (5) Remedies cumulative. ODOT may, at its discretion, avail itself of any or all rights or remedies set forth in Division 7 rules, in the Contract, or available at law or in equity. Statutory/Other Authority: ORS 184.616, 184.619, 279A.065 & 279A.050 Statutes/Other Implemented: ORS 279C.650 - 279C.670 History: DOT 1-2022, renumbered from 731-007-0270, filed 01/13/2022, effective 01/13/2022 DOT 2-2005, f. 2-16-05, cert. ef. 3-1-05
734-017-0005 Definitions (1) As used in OAR 734-017-0005 through 734-017-0025, the following definitions apply: (a) “Traction Tire”: (A) Tires with studs including retractable studded tires allowed under ORS 815.165; (B) Tires marked as mud and snow or all-season radial tires when used on vehicles exempt under ORS 815.145(4); and (C) Tires identified by the Rubber Manufacturers Association as meeting tests indicating the tire provides greater traction than mud and snow tires under winter driving conditions. (b) “Chains” — Link chains, cable chains or another device that attaches to the wheel, vehicle or outside of the tire that is specifically designed to augment the traction of a vehicle under ice or snow conditions. (c) “Retractable studded tires” are tires with embedded studs of metal or other material that retract to at or below the wear bar of the tire and project not less than four-hundredths (0.04) inch beyond the tread surface of the tire when extended. (2) As used in ORS 815.165(10), “motor vehicles used for regularly scheduled medical transport services” means a vehicle used for regularly scheduled, point-to-point transportation for medical purposes and is not a vehicle described by either of the following: (a) A vehicle regulated by a political subdivision under ORS 221.485. (b) A vehicle, commonly known as a private passenger car or private passenger van, that is used by the owner of the vehicle or a relative of the owner of the vehicle for personal transportation for medical purposes. Statutory/Other Authority: ORS 184.616, 184.619 & 815.045 Statutes/Other Implemented: ORS 815.045, 815.140, 815.165 & OL 2021 Chapter 630 History: HWD 4-2021, minor correction filed 09/30/2021, effective 09/30/2021 HWD 6-2008, f. & cert. ef. 7-28-08 HWD 7-2005, f. & cert. ef. 9-16-05 HWD 1-2004, f. & cert. ef. 1-20-04 TO 8-1998, f. & cert. ef. 9-14-98 Reverted to HWY 4-1995, f. & cert. ef. 10-17-95 HWY 10-1997(Temp), f. 10-21-97, cert. ef. 11-1-97 HWY 4-1995, f. & cert. ef. 10-17-95 2HD 15-1981, f. & ef. 11-20-81
734-017-0012 Requirement to Carry Chains or Traction Tires When chains or traction tires are required to be carried and the appropriate signs are posted, chains or traction tires of sufficient size and number to comply with division 17 rules must be in or on the vehicle. Statutory/Other Authority: ORS 184.616, 184.619 & 815.045 Statutes/Other Implemented: ORS 815.045, 815.140 & OL 2021 Chapter 630 History: HWD 6-2021, minor correction filed 09/30/2021, effective 09/30/2021 HWD 7-2005, f. & cert. ef. 9-16-05 TO 8-1998, f. & cert. ef. 9-14-98
734-017-0015 Use of Chains or Traction Tires A Department of Transportation District Manager or persons authorized by a District Manager shall authorize the posting of appropriate signs and determine when weather conditions require the following: (1) Chains or traction tires must be carried but are not required to be used; (2) Chains to be used on vehicles with a rated gross vehicle weight (GVW) of 10,000 pounds or less that are towing and single drive axle vehicles with a rated gross vehicle (GVW) over 10,000 pounds. (3) Chains must be used on vehicles towing or with a rated gross vehicle weight (GVW) over 10,000 pounds; (4) Chains or traction tires must be used on all vehicles except those vehicles exempt in ORS 815.145 and division 17 rules. Statutory/Other Authority: ORS 184.616, 184.619 & 815.045 Statutes/Other Implemented: ORS 815.045, 815.140 & OL 2021 Chapter 630 History: HWD 7-2021, minor correction filed 09/30/2021, effective 09/30/2021 HWD 8-2009, f. & cert. ef. 9-29-09 TO 8-1998, f. & cert. ef. 9-14-98 Reverted to HWY 5-1996, f. & cert. ef. 10-10-96 HWY 10-1997(Temp), f. 10-21-97, cert. ef. 11-1-97 HWY 5-1996, f. & cert. ef. 10-10-96 HWY 4-1995, f. & cert. ef. 10-17-95 2HD 15-1981, f. & ef. 11-20-81
734-017-0020 Vehicles Exempt In addition to the vehicles described in ORS 815.145, the following vehicles are completely or partially exempt from the provisions of ORS 815.140, OL 2021 Chapter 630 and division 17 rules: (1) Vehicles operated by the Department of Transportation and used in the maintenance of State Highways are exempt from the provisions of ORS 815.140, OL 2021 Chapter 630 and division 17 rules. (2) Vehicles operated by a utility company, such as water, power, or heat, when providing emergency response services are exempt from the provisions of ORS 815.140, OL 2021 Chapter 630 and division 17 rules. (3) Buses that are not towing or being towed, are exempt from the requirement to use chains when chains are required on vehicles over 10,000 GVW if modifications to make the bus fully accessible to passengers with disabilities is the sole reason for the vehicle being rated over 10,000 GVW. (4) Motorcycles are exempt from the requirement to carry chains or traction tires and may not travel when signs are posted in accordance with division 17 rules requiring chains or traction tires on all or certain classes of vehicles. Statutory/Other Authority: ORS 184.616, 184.619 & 815.045 Statutes/Other Implemented: ORS 815.045, 815.145 & OL 2021 Chapter 630 History: HWD 8-2021, minor correction filed 09/30/2021, effective 09/30/2021 HWD 7-2005, f. & cert. ef. 9-16-05 TO 8-1998, f. & cert. ef. 9-14-98 Reverted to HWY 4-1995, f. & cert. ef. 10-17-95 HWY 10-1997(Temp), f. 10-21-97, cert. ef. 11-1-97 HWY 4-1995, f. & cert. ef. 10-17-95 2HD 15-1981, f. & ef. 11-20-81
734-017-0025 Signs Signs to be used to post areas requiring “chains” or “chains or traction tires” are shown in detail in Exhibit 2-A, Signing for Post Mounted Signs and Exhibit 2-B, Signing for Variable Message Signs. [ED. NOTE: Exhibits referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 184.616, 184.619 & 815.045 Statutes/Other Implemented: ORS 815.045 History: HWD 8-2009, f. & cert. ef. 9-29-09 TO 8-1998, f. & cert. ef. 9-14-98 Reverted to HWY 5-1996, f. & cert. ef. 10-10-96 HWY 10-1997(Temp), f. 10-21-97, cert. ef. 11-1-97 HWY 5-1996, f. & cert. ef. 10-10-96 HWY 4-1995, f. & cert. ef. 10-17-95 2HD 15-1981, f. & ef. 11-20-81
734-020-0020 Warrants for Parking and Turn Prohibitions The State Traffic/Roadway Engineer (STRE) is delegated the authority to establish parking or turn prohibitions on state highways for state wide consistency. Region Traffic Engineers (RTE) are delegated the authority to establish parking or turn prohibitions on state highways within their respective Regions. RTE may consult with the STRE prior to establishing prohibitions. RTE will notify the STRE of the prohibitions. (1) Parking prohibitions and turn prohibitions shall be warranted if: (a) An engineering investigation indicates that such prohibitions will improve safe traffic operating conditions; or (b) An engineering investigation indicates that such prohibitions are necessary to increase the capacity of the roadway or to otherwise expedite the movement of traffic. (c) The engineering investigation will include a review and analysis of the past accident history, a study of the traffic volumes, patterns and turning movements when appropriate. A field investigation of the physical conditions will be made when required. (2) Parking prohibitions shall be warranted if an engineering investigation indicates that such parking prohibitions are necessary: (a) to prevent the imminent damage to the facility. Where parked vehicles could damaged the pavement surface; or (b) to prevent facility conflicts with maintenance; or (c) for time limit restrictions or loading zones. (3) Turn prohibitions shall be warranted if an engineering investigation indicates that such turn prohibitions are necessary for safety or operations. Statutory/Other Authority: ORS 184 & 810 Statutes/Other Implemented: ORS 810.160 & 810.210 History: HWD 5-2012, f. & cert. ef. 3-26-12 1OTC 53, f. 3-3-75, ef. 3-25-75
734-020-0043 High Occupancy Vehicle Lane on Interstate 5 (1) One northbound lane of Interstate 5 from milepoint 303.98 to milepoint 307.49 is reserved for exclusive use by high occupancy-use passenger vehicles as designated. (2) For purposes of this rule, the following definitions apply: (a) “Designated” means signed as specified in section (4) of this rule; (b) “High occupancy-use passenger vehicle” means passenger vehicles of 8,000 pounds or less carrying the driver and one or more additional passengers, and motorcycles or buses regardless of occupancy level; (c) “High occupancy vehicle lane” or “HOV lane” means a lane reserved only for high occupancy-use passenger vehicles; and (d) “Reserved for exclusive use” means only high occupancy-use passenger vehicles may use the lane when so indicated by signs or pavement markings specified in section (4) of this rule. (3) Emergency vehicles may use the HOV lane when engaged in emergency action. (4) The HOV lane shall be designated by signs or pavement markings as defined in the Manual on Uniform Traffic Control Devices or other approved signs and markings not in conflict with Oregon or Federal Highway Administration regulations. Signs may specify the times or days when the lane is designated as a HOV lane. Statutory/Other Authority: ORS 184.616, 184.619 & 810.140 Statutes/Other Implemented: ORS 810.140 History: TO 9-1998, f. & cert. ef. 9-14-98
734-020-0045 Prohibition of Bicycles and Pedestrians on Freeways (1) Bicycles and pedestrians as defined in ORS 801.150 and 801.385, are prohibited upon the following segments of freeways within the State of Oregon: (a) Portland area: (A) The Columbia River Highway No. 2 (Banfield/I-84) from its intersection with I-5, M.P. 0.00, to 238th Drive, M.P. 15.96; (B) The Sunset Highway No. 47 easterly of the Jefferson Street Interchange, M.P. 73.35; (C) Interstate 5 (Hwy. No. 1) northerly of the Beaverton-Tigard Highway Interchange, M.P. 292.20; (D) Interstate 205 (Hwy. No. 64) northerly of the Overcrossing of the Oswego Highway No. 3, M.P. 8.82; (E) Interstate 405 (Hwy. No. 61) in its entirety; and (F) Lower Columbia Highway No. 2W from its intersection with I-405, M.P. 0.00, to 23rd Street, M.P. 1.99. (b) Medford area: Interstate 5 (Pacific Highway No. 1) from the South Medford Interchange, M.P. 27.16, to the North Medford Interchange, M.P. 30.29 (in Medford). (2) The closure of the above sections to bicycles and pedestrians shall become effective following the erection of adequate signing. (3) The prohibition of pedestrians from the above segments of freeways does not prohibit the driver and passengers of a disabled vehicle from walking to the nearest freeway exit in accordance with ORS 814.100. Statutory/Other Authority: ORS 184.619, 810.020 & 810.030 Statutes/Other Implemented: ORS 810.020 & 810.030 History: HWD 13-2010, f. & cert. ef. 10-25-10 Reverted to HWY 4-1987, f. & ef. 11-24-87 HWY 2-1996(Temp), f. 3-7-96, cert. ef. 5-1-96 HWY 4-1987, f. & ef. 11-24-87 HWY 2-1987, f. & ef. 2-6-87 HC 1280, f. & ef. 4-5-72