reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0200 - Fees and Installation

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Council shall furnish, erect and maintain state historical markers, as
			 required.
(2) Upon the approval of
			 an application for a marker the Council shall direct the installation of the
			 marker.
(3) Fees are determined by
			 the total cost of the marker. Fees are payable within 30 days following the
			 installation date.
(4) The
			 applicant shall be notified when the marker is erected.
(5) Limited Council funds available for
			 historical markers will be used in combination with local sponsorship funding.
(6) If Council funds have been
			 exhausted for the biennium or indefinitely, the sponsor or applicant may fund
			 the entire cost of a marker, although following state guidelines.
(7) Agencies, organizations or entities may
			 elect to co-sponsor historical markers while following state
			 guidelines.
Stat. Auth.: ORS
				  377.787
Stats. Implemented: ORS
				  377.710,
				  377.790-377.830,
				  377.833-377.836 &
				  377.838 -
				  377.845
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0210 - Temporary Removal and Reinstallation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon request the Council and Committee
			 may authorize a relocation of an existing or new historical marker upon a
			 showing by the applicant that the granting of such a relocation will benefit
			 the motoring public and not violate the overall intent of these administrative
			 rules. Relocation may only occur with the written permission of the Council and
			 ODOT.
(2) All costs including site
			 preparation and advance signing, associated with moving the marker must be
			 borne by the party desiring the relocation.
Stat. Auth.: ORS
				  377.787
Stats. Implemented: ORS
				  377.710,
				  377.790-377.830,
				  377.833-377.836 &
				  377.838 -
				  377.845
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0220 - Maintenance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) New Historical
			 markers and those refurbished by the Council are the property of the Council,
			 which is responsible for their maintenance, but the Council encourages
			 cooperative maintenance agreements with the sponsoring group.
(2) If the sponsoring group elects not to
			 maintain the marker and immediate grounds on which the marker is erected, an
			 annual fee must be paid by the sponsoring group.
(3) Any significant physical changes by the
			 sponsor to the marker or grounds must be approved in advance by the Council and
			 ODOT.
Stat. Auth.: ORS
				  377.787
Stats. Implemented: ORS
				  377.710,
				  377.790-377.830,
				  377.833-377.836 &
				  377.838 -
				  377.845
Interstate Oasis
				  Sign Program
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0400 - Applicability and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The purpose of these rules is to establish standards for Interstate Oasis
			 signing erected within highway rights-of-way to provide directional information
			 to qualified businesses that provide products and services to the public.
(2) These rules are applicable to
			 the Interstate, Freeway and Expressway systems.
(3) The authority for the issuance of these
			 rules is Oregon Laws 1979, Chapter 478, Section 7 and
			 23
			 U.S.C. 109(d),
			 131(f),
			 315
			 and  49 CFR 1.48(b).
Stat. Auth.: ORS
				  377.787
Stats. Implemented: ORS
				  377.710,
				  377.790-377.830,
				  377.833-377.836 &
				  377.838 -
				  377.845
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0410 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions described in OAR 733-030-0011,
				the following definitions will apply unless the context clearly indicates
				otherwise:
(1) "Guide sign" means a
			 sign that shows route designations, destinations, directions, distances,
			 services, points of interest, or other geographical, recreational, or cultural
			 information.
(2) "Interstate Oasis
			 Supplemental Plaque" means a traffic control device intended to communicate
			 Interstate Oasis to road users through a word legend that is placed immediately
			 above or below an existing Guide sign to supplement the message on the sign.
			 The difference between a plaque and a sign it that a plaque cannot be used
			 alone.
Stat. Auth.: ORS
				  377.787
Stats. Implemented: ORS
				  377.710,
				  377.790-377.830,
				  377.833-377.836 &
				  377.838 -
				  377.845
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0420 - Location

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Interstate
			 Oasis signs are intended for use primarily in rural areas. Urban areas may be
			 considered if a suitable location is available and approved by ODOT.
(2) Interstate Oasis signs must be located so
			 as to take advantage of natural terrain, to have the least impact on the scenic
			 environment, and to avoid visual conflict with other signs within the highway
			 right of way. Unprotected sign supports located within the clear zone must be
			 of a breakaway design.
(3) If
			 adequate sign spacing allows, a separate Interstate Oasis sign may be installed
			 in an effective location with spacing of at least 800 feet from other adjacent
			 guide signs, including any Logo Signs. This sign must be located in advance of
			 the advance guide sign or between the advance guide sign and the exit direction
			 sign for the exit leading to the Oasis.
(4) If the spacing of other Guide signs
			 precludes use of a separate Interstate Oasis sign, a Supplemental Plaque with a
			 white legend and border on a blue background may be appended above or below an
			 existing Logo Sign or Guide Sign for the interchange.
(5) A limit of one Interstate Oasis sign may
			 be erected in advance of an interchange in each direction of travel.
(6) The proposed locations of Interstate
			 Oasis signs must be reviewed and approved by the Engineer to determine that no
			 conflicts resulting in unsafe driving conditions will exist with other traffic
			 control devices.
Stat. Auth.: ORS
				  377.787
Stats. Implemented: ORS
				  377.710,
				  377.790-377.830,
				  377.833-377.836 &
				  377.838 -
				  377.845
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0440 - Composition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A separate
			 Interstate Oasis sign must have a blue reflective background with a white
			 reflective border and white reflective legends. The directional legend must
			 consist of the exit number, or an action message such as "NEXT RIGHT," and the
			 service legend must read "INTERSTATE OASIS." All numbers must be 10 inches in
			 height and all words must be in 10-inch capital letters.
(2) A ramp Interstate Oasis sign must have
			 the legend "OASIS" in white reflective 6-inch capital letters on a blue
			 reflective background with white reflective border.
(3) If Logo signing is provided at the
			 interchange, a business designated as an Interstate Oasis and having a Logo
			 Plaque on a Logo Sign may use the bottom portion of the Plaque to display the
			 word "OASIS" as a Supplemental Message.
Stat. Auth.: ORS
				  377.787
Stats. Implemented: ORS
				  377.710,
				  377.790-377.830,
				  377.833-377.836 &
				  377.838 -
				  377.845
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0450 - Special Requirementsæ" Interstate Highways and Expressways

Current through Register Vol. 63, No. 7, July 1, 2024
If Ramp Logo Plaques containing the Supplemental Message
				"OASIS" are not used on the exit ramp, a Trailblazer with a white reflective
				legend (minimum 6 inch letters) and border on a blue reflective background may
				be provided on the exit ramp to indicate the direction and distance to the
				Interstate Oasis, unless the Interstate Oasis is clearly visible and
				identifiable from the exit ramp. Additional Trailblazers may be used, if
				determined to be necessary, along the cross road to guide motorists to the
				Oasis.
Stat. Auth.: ORS
				  377.787
Stats. Implemented: ORS
				  377.710,
				  377.790-377.830,
				  377.833-377.836 &
				  377.838 -
				  377.845
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0460 - State Sign Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 an eligible Interstate Oasis business existing within three miles of an
			 interchange has not applied for a permit for Interstate Oasis signing, then an
			 otherwise eligible Interstate Oasis business that is located farther than three
			 miles from the interchange may apply for a permit.
(2) If applications are received for any one
			 interchange from more than one eligible Interstate Oasis business, the order of
			 priority must be based on the date of the properly completed application
			 received by Council.
(3) The owner
			 or responsible operator of an Interstate Oasis business must file an
			 application for Interstate Oasis signing on a form specified by the Council.
(4) Eligibility of Interstate
			 Oasis businesses for continued placement of their Interstate Oasis signing may
			 be reviewed by the Travel Information Council at any time to assess whether the
			 businesses and sign locations meet present guidelines. If the review finds that
			 the business or the signing location does not meet all applicable rules and
			 laws, the signing may be removed.
Stat. Auth.: ORS
				  377.787
Stats. Implemented: ORS
				  377.710,
				  377.790-377.830,
				  377.833-377.836 &
				  377.838 -
				  377.845
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0470 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
Procedures. Administrative Procedure Act. Any order of the
				Council denying a permit under these rules, or for removal of a sign under
				these rules, may be entered administratively without hearing, subject to
				requirements of ORS Chapter 183 and the administrative and judicial review as
				provided therein. The Council shall notify businesses promptly on any permit
				denial or waiver denial or decision to remove a sign under these rules.
Stat. Auth.: ORS
				  377.787
Stats. Implemented: ORS
				  377.710,
				  377.790-377.830,
				  377.833-377.836 &
				  377.838 -
				  377.845
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0480 - Installation and Permit Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Upon approval of a permit, the Council may furnish, erect and maintain
			 Interstate Oasis signs as required and shall notify the business applying for
			 those signs when a permit has been approved.
(2) Upon the approval of a permit for
			 Interstate Oasis signs, the Council shall issue a Request for Quotation (RFQ)
			 from qualified contractors and suppliers to determine the total construction
			 and fabrication costs to install the Interstate Oasis signs.
(3) All costs to install the Interstate Oasis
			 signs must be paid for by the business applying for those signs.
(4) Installation fees are determined by the
			 total cost of the Interstate Oasis signs. Fees are payable within 30 days
			 following the installation date.
(5) Permit fees will be reviewed and
			 established annually by the Council pursuant to ORS
			 377.825 and will be charged
			 according to the Council's current Schedule of Fees. When permit fees are
			 reviewed for potential changes, the Council shall send a notice of permit fee
			 changes to the business with an Interstate Oasis sign permit and to all
			 interested parties requesting the information. Businesses and interested
			 parties will have 30 days to respond in writing or attend a public hearing
			 scheduled after the 30 day time period. The Schedule of Fees will also be
			 available on the Council web site for personal download or by mail upon
			 request.
(6) Permit fees are due
			 with the contract and the permit automatically renewed upon receipt of the
			 annual payment of invoice to the Council on or before the payment due date
			 stated in the Council's invoice.
Stat. Auth.: ORS
				  377.787
Stats. Implemented: ORS
				  377.710,
				  377.790-377.830,
				  377.833-377.836 &
				  377.838 -
				  377.845
Free Coffee Program
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0500 - Applicability and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The purpose of these regulations is to establish rules for the "free coffee"
			 program service sponsored by non-profit organizations in rest areas;
			 permissible under federal regulations and state law; and found by the Council,
			 in certain instances, to be in the interest of public safety.
(2) These regulations are applicable to those
			 rest areas managed by the Council.
(3) The authority for the issuance of these
			 regulations is Oregon Laws 2012, Section 10, Chapter 63.
Stat. Auth.: Oregon Jobs & Transportation Act 2009 (HB
				  2001)
Stats. Implemented:
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0510 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions described in OAR
				733-030-0011, the
				following definitions shall apply unless the context clearly indicates
				otherwise:
(1) "Cookie" means cookies
			 or brownies available from a licensed facility but not cake, bagels, donuts,
			 coffee cake, candy bars, or other similar items.
(2) "Free Coffee" means coffee and any other
			 non-alcoholic beverage not available in the rest area vending
			 machines.
(3) "Free Coffee Program
			 Application and Permit" means a permit available from the Council requesting
			 permission to sponsor a free coffee service at a specified interstate rest
			 area.
(4) "Non-profit organization"
			 means an organization that has been granted non-profit status by the Internal
			 Revenue Service.
Stat. Auth.: Oregon Jobs & Transportation Act 2009 (HB
				  2001)
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 733 - TRAVEL INFORMATION COUNCIL › Division 30 - STANDARDS FOR LOGO SIGNS, TOURIST ORIENTED DIRECTIONAL (TOD) SIGNS, MUSEUM SIGNS, STATE HISTORICAL MARKER SIGNS, AND INTERSTATE OASIS SIGNS › Section 733-030-0520 - Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) Organizations may make written requests
			 for permission to sponsor a "free coffee" service at a specific rest area
			 directed to the Council not more than 60 days prior to the date(s) requested.
			 Requests must be submitted on form "Free Coffee Program Application and Permit"
			 available from the Council;
(b) The
			 organization must certify that they have been granted non-profit status by the
			 Internal Revenue Service (IRS) and may be required at the discretion of the
			 Council to provide a copy of the IRS determination letter;
(c) The Council will grant permission for the
			 activity by way of a permit issued to the selected organization. The selection
			 will be made not less than 30 days in advance of the date(s) requested from all
			 permits received, and will be based on a random drawing conducted by the
			 Council if multiple requests for the same date(s) and location are received.
			 For purposes of issuing permits, if a rest area is sited on both sides of the
			 highway, each side of the rest area will be considered a single
			 location;
(d) Permits will be
			 issued for a single location in 24-hour increments (12:00 a.m.-11:59 p.m.) for
			 up to 3 consecutive days per permit with a maximum of three permits per
			 month;
(e) Only one organization
			 will be granted a permit for a single location for any particular date or
			 time;
(f) The Council may decline
			 to issue any permits for a single location or for any particular date or time;
			 and
(g) A copy of the permit must
			 be on-site during operation of the "free coffee" service;
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 1 - PROCEDURAL RULES › Section 734-001-0003 - Public Hearing for New State Highway Route or Corridor

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Transportation Commission, pursuant to ORS
				366.215, may, 30 days or more
				after a public hearing covering the selection of any new State Highway route or
				corridor, which said hearing shall be publicly advertised in newspapers of
				general circulation not less than three weeks in advance of such hearing, adopt
				said route or corridor at any Transportation Commission meeting. Interested
				persons may submit data, views or arguments concerning any proposed route or
				corridor to the Region Office of the Department of Transportation within ten
				days following any public hearing.
Stat. Auth.: ORS 366
Stats. Implemented: ORS
				  366.215
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 1 - PROCEDURAL RULES › Section 734-001-0025 - Relocation Appeal Procedures for Land Acquisition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 60 days of a final determination
			 granting or denying eligibility for a Relocation payment, or of an amount of
			 payment under Title II of the Uniform Relocation Assistance and Real Property
			 Acquisition Policies Act of 1970 ( P.L. 91-646) and any regulations adopted
			 thereunder, any person dissatisfied with such determination may file a "request
			 for appeal" upon forms provided by the Department of Transportation.
(2) The Relocation appeal process and hearing
			 concerning the determination of eligibility or amount of payment shall be
			 conducted as a contested case pursuant to the Oregon Administrative Procedures
			 Act, ORS 183.310 to
			 183.550.
(3) Optional Reconsideration Conference.
			 Within 60 days of a final determination granting or denying eligibility for a
			 Relocation payment or of an amount of payment under Title II of the Uniform
			 Relocation Assistance and Real Property Acquisition Policies of 1970 ( P.L.
			 91-946) and any regulations adopted thereunder, a person dissatisfied with
			 such final determination may petition for a "reconsideration conference" upon
			 forms provided by the Department of Transportation. A reconsideration
			 conference is an optional process, which must be agreed to by both the claimant
			 and the Department of Transportation, that occurs prior to the formal appeal
			 process identified in (1) and (2) and is an opportunity for a claimant to
			 provide additional relevant information that was not considered by the
			 department or to correct factual errors and for the department to reconsider
			 the claim with the new or corrected information. The time period to file a
			 request for an appeal pursuant to subsection (1) of this rule shall be stayed
			 from the date of request for a reconsideration conference until ODOT either
			 issues a decision to decline the request for a reconsideration conference or
			 until ODOT issues a determination after the reconsideration conference. If the
			 claimant is dissatisfied with the revised final determination, the claimant may
			 file an appeal pursuant to (1) above.
Stat. Auth.: ORS 366
Stats. Implemented: ORS
				  366.324 & PL 91-646 (Federal
				  Law)
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 5 - OREGON COORDINATE SYSTEMS › Section 734-005-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this administrative rule is to define the Oregon
				Coordinate System, consisting of three mapping projection coordinate systems
				that are authorized for use in the State of Oregon.
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch.179 OL 2011
Stats. Implemented: ORS
				  209.130,
				  209.155,
				  209.250,
				  390.770, Ch.179 OL 2011
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 5 - OREGON COORDINATE SYSTEMS › Section 734-005-0010 - Oregon Coordinate Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
Oregon State Plane Coordinate
			 System of 1927
consists of two zones of mapping projections defined by
			 the National Geodetic Survey of the National Ocean Service, one for the Oregon
			 North Zone and one for the Oregon South Zone.
(2) The
Oregon State Plane Coordinate
			 System of 1983
consists of two zones of mapping projections defined by
			 the National Geodetic Survey of the National Ocean Service, one for the Oregon
			 North Zone and one for the Oregon South Zone.
(3) The
Oregon Coordinate Reference
			 System
consists of multiple zones developed by an Oregon Department of
			 Transportation committee of private and public land surveying, geographic
			 information system, and academic professionals to define a system of low
			 distortion mapping projections wherein distances computed between points on the
			 grid plane will represent the distances measured between the same points on the
			 ground within published zone tolerances.
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch.179 OL 2011
Stats. Implemented: ORS
				  209.130,
				  209.155,
				  209.250,
				  390.770, Ch.179 OL 2011
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0200 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.300, sec. 334 & 336,
				  ch. 794, OL 2003
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0210 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.300, sec. 334 & 336,
				  ch. 794, OL 2003
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0220 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are not included in rule text.
Click here for PDF
				  copy of table(s)
.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.430
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0230 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.430
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0240 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.430
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0250 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.430
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0260 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.430
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0270 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.430
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0280 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.430
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0285 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to terms used in OAR
				734-010-0290  to OAR 734-010-0380:
(1)
			 "Authorized contractor representative" means the person authorized by the
			 contractor to sign the prime contractor performance evaluation.
(2) "CAE" means ODOT's Contract
			 Administration Engineer.
(3)
			 "Contract" means public improvement contracts, as defined in ORS
			 279A.010(1)(bb),
			 awarded by the Oregon Department of Transportation under authority of ORS
			 279A.050 and
			 366.205.
(4) "Contractor" means the individual or
			 legal entity that has entered into a contract with ODOT.
(5) "CPM" means the Construction Project
			 Manager who represents ODOT on the contract. The CPM may be an ODOT employee,
			 local government representative, or consultant employed by ODOT or a local
			 government.
(6) "DAS" means Oregon
			 Department of Administrative Services.
(7) "Date of Second Notification" means the
			 date on which required construction work, including change order work and extra
			 work, has been satisfactorily completed, except for minor corrective work, and
			 the recording of daily time charges cease.
(8) "Notice to Proceed" means written notice
			 from ODOT authorizing the contractor to begin the work.
(9) "Occurrence" means each time a category
			 or project total score falls within Performance Level 2 or Performance Level 3
			 on any performance evaluation.
(10) "ODOT" means the Oregon Department of
			 Transportation.
(11) "OPO" means
			 the ODOT Procurement Office.
(12)
			 "Performance Level 1" is a performance evaluation range in which all of the
			 scores on the performance evaluation set out under this rule fall into the
			 acceptable category and do not require any corrective actions.
(13) "Performance Level 2" is a performance
			 evaluation range designating a performance evaluation that has one or more
			 scores that have fallen below Performance Level 1 and requires some level of
			 corrective action depending on the cumulative number of occurrences on all
			 contracts within a 36-month period.
(14) "Performance Level 3" is a performance
			 evaluation range designating a performance evaluation that has one or more
			 scores below the ranges set in Performance Level 2 and requires a higher level
			 of corrective action beyond those required for Performance Level 2 depending on
			 the cumulative number of occurrences on all contracts within a 36-month period.
(15) "SCME" means ODOT's State
			 Construction and Materials Engineer.
(16) "Suspension" means action taken by ODOT
			 to temporarily suspend a contractor's prequalification for a specified period
			 of time.
(17) "Verifiable Receipt"
			 means confirmation of receipt of email, facsimile or certified mail.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065,
				  279C.430
Stats. Implemented: ORS
				  279C.430
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0290 - Contractor Performance Evaluations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to contractors who must
			 be prequalified to bid on ODOT contracts.
(2) Contractors who enter into contracts with
			 ODOT shall have their performance evaluated on each contract. The evaluation
			 will be scored on the basis of a numeric score and on an evaluation form
			 provided by ODOT.
(3) The CPM
			 shall complete the evaluation using the current version of ODOT Form 734-2884,
			 "Prime Contractor Performance Evaluation." The form will also include a
			 Contractor Evaluation Submittal page to document the results of the evaluation
			 process.
(4) Contractor
			 performance will be evaluated under five categories: management, safety,
			 administration, regulatory compliance, and workforce and small business equity
			 programs and on a total score of these five categories.
(5) The evaluation shall be conducted as
			 follows:
(a) If the duration of a contract is
			 12 months or less, the CPM will complete one evaluation within 60 days of date
			 of Second Notification for the contract; or
(b) If the duration of a contract is over 12
			 months, the CPM will complete an evaluation within 30 days of the anniversary
			 date of the Notice to Proceed. In addition to annual evaluations, the CPM will
			 complete an evaluation within 60 days of the date of Second Notification for
			 the contract.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0300 - Scoring Contractor Performance Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each evaluation will result in six
			 numeric scores. Scores will be assessed for each of the five specific
			 performance categories, as well as an overall score. The overall score is a
			 total amount of all five of the category scores. The evaluation scoring shall
			 be conducted as follows:
(a) If the duration
			 of a contract is 12 months or less, the CPM will score the evaluation for the
			 entire duration of the project, or
(b) If the duration of a contract is over 12
			 months, the CPM will score the evaluation for the preceding year within 30 days
			 of the anniversary date of the Notice to Proceed. The scores shall reflect only
			 that time period and will not be a cumulative score for the project duration.
			 The final evaluation shall be prepared within 60 days of the date of Second
			 Notification and will reflect only that time period between the latest annual
			 evaluation and the date of Second Notification.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0320 - Scoring Ranges and Corrective Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There are three performance levels. The
			 CPM will score each of the five evaluation categories as well as an overall
			 evaluation score in one of the three performance levels. The contractor's
			 authorized representative may request a Review meeting with the CPM within 14
			 days of verifiable receipt of the evaluation to discuss the evaluation score
			 with the CPM.
(2) The following
			 describes each performance level by identifying the scoring matrix for remedial
			 actions and consequences depending on the cumulative number of occurrences
			 during a 36-month period on all evaluations on all contracts.
(a) For all performance levels, scores are
			 assessed on a per category basis, as well as a project total.
(b) Occurrences are considered on a per
			 category basis, as well as the project total. [Table not included. See ED.
			 NOTE.]
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0330 - Corrective Action Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of the corrective action plan and the meeting with the SCME is to help
			 the contractor improve performance, project delivery, and avoid low ratings in
			 the future. The tables shown in OAR 734-010-0320  identify remedial actions
			 based on the number of occurrences using cumulative category and total project
			 scores for 36 months on all evaluations on all contracts. If a contractor's
			 performance requires submission and approval of a corrective action plan, the
			 SCME will notify the contractor in writing.
(a) The authorized contractor representative
			 must contact the SCME within 14 days of verifiable receipt of notice from the
			 SCME to schedule a meeting to present a written corrective action plan. The
			 parties must meet within 21 days of the date the contractor's representative
			 contacts the SCME or within an otherwise agreed timeframe.
(b) The contractor will be allowed to bid and
			 receive award for any proposal submitted until the parties meet within 21 days
			 or otherwise agreed timeframe.
(c)
			 After the 21 days or otherwise agreed timeframe has expired, if the contractor
			 has not presented a corrective action plan acceptable to the SCME, the
			 contractor will not be allowed to bid or receive award again until a corrective
			 action plan has been submitted and approved by the SCME.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0340 - Notification of Suspension from Bidding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The SCME will notify OPO's Construction
			 Contracts Manager when a contractor's evaluation scores result in suspension of
			 pre-qualification.
(2) The OPO
			 Construction Contracts Manager will notify by verifiable receipt the authorized
			 contractor representative that its score has fallen below an acceptable level
			 and that its prequalification has been suspended.
(3) The contractor may appeal a suspension
			 through DAS by requesting a DAS appeal within 7 days of receipt of the
			 suspension notice, as specified in OAR 734-010-0380.
(4) In all cases, any notification of
			 suspension and reinstatement shall be made in writing and sent to the
			 authorized contractor representative by the OPO Construction Contracts Manager.
(5) The effective date of a
			 suspension will be:
(a) 10 days after the
			 date of the OPO Construction Contracts Manager's notification; or
(b) 10 days after the date any appeal becomes
			 final when the decision to suspend is upheld by DAS.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0350 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.430
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0360 - Effect of Suspension on Business

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0380 - DAS Appeal Process Covering Contractor Evaluations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  279A.050,
				  279A.065 &
				  279C.430
Stats. Implemented: ORS
				  279C.430
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0400 - Records Maintenance; Right to Audit Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Contractors; all subcontractors at all
			 tiers; all material suppliers at all tiers of aggregates, asphalt cement
			 concrete, Portland cement concrete, and the supply and fabrication of
			 structural steel items; and all Related Entities as defined by this rule,
			 (collectively referred to in this Rule as "Record Keepers") shall maintain all
			 records, including fiscal records, regardless of when created, relating to
			 their:
(a) Performance of the Contract or a
			 subcontract;
(b) Ability to
			 continue performance of the Contract or a subcontract; and
(c) Claims arising from or relating to
			 performance under the Contract or a subcontract.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0410 - Termination of Contract

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0420 - Waiver of Delay Damages Against Public Policy

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0430 - Retainage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Withholding of
			 Retainage. ODOT may retain payment but shall not retain an amount in excess of
			 5 percent of the Contract Price for Work completed. If the Contractor has
			 performed at least 50 percent of the Contract Work and is progressing
			 satisfactorily or if all Work on a subcontract is complete, upon the
			 Contractor's submission of Written application containing the surety's Written
			 approval, ODOT may, in its discretion, reduce or eliminate retainage on any
			 remaining progress payments. ODOT shall respond in Writing to all such
			 applications within a reasonable time. When the Contract Work is 97-1/2 percent
			 completed, ODOT may, at its discretion and without application by the
			 Contractor, reduce the retained amount to 100 percent of the value of the
			 remaining unperformed Contract Work. ODOT may at any time reinstate retainage.
			 Retainage shall be included in the final payment of the Contract
			 Price.
(2) Form of Retainage.
			 Unless a Contracting Agency that reserves an amount as retainage finds in
			 writing that accepting a bond or instrument described in part (a) or (b) of
			 this section poses an extraordinary risk that is not typically associated with
			 the bond or instrument, the Contracting Agency, in lieu of withholding moneys
			 from payment, shall accept from the Contractor:
(a) Bonds, securities or other instruments
			 that are deposited and accepted as provided in subsection (4)(a) of this rule;
			 or
(b) A surety bond deposited as
			 provided in subsection (4)(b) of this rule.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0440 - Contractor Progress Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0450 - Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 10 - HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTORS › Section 734-010-0460 - Final Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(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.050,
				  279A.065
Statutes/Other Implemented: ORS
				  279C.570