Oregon Administrative Code

734-001-0003 Public Hearing for New State Highway Route or Corridor 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 a…

734-001-0025 Relocation Appeal Procedures for Land Acquisition (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 Polici…

734-005-0005 Purpose 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. Statutory/Other Authority: ORS 184.619 & Ch.179 OL 2011 Statutes/O…

734-005-0010 Oregon Coordinate Systems (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…

734-005-0015 Coordinate System Parameters (1) Oregon State Plane Coordinate System Of 1927 (a) North Zone: (b) South Zone: (2) Oregon State Plane Coordinate System Of 1983 (a) North Zone; (b) South Zone: (3) Oregon Coordinate Reference System Zones. (a) OCRS1983 (A) Baker Zone: (…

734-010-0285 Definitions 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 Con…

734-010-0290 Contractor Performance Evaluations (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…

734-010-0300 Scoring Contractor Performance Evaluation (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…

734-010-0320 Scoring Ranges and Corrective Actions (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 reque…

734-010-0330 Corrective Action Plan (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 bas…

734-010-0340 Notification of Suspension from Bidding (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 aut…

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 associat…

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 …

734-010-0400 Records Maintenance; Right to Audit Records (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 Relat…

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 te…

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, …

734-010-0430 Retainage (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 …

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 Con…

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 3…

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 …

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 be…

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…

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 whe…

734-017-0010 Minimum Chains Required When signs are posted in accordance with division 17 rules requiring chains on all or certain classes of vehicles, chains shall be placed as described in this rule. Exhibit 1, Minimum Chains Required, is illustrative of chain placement. (1) Li…

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. Statutor…

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…

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 an…

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.…

734-020-0005 Traffic Control Devices (1) Manual on Uniform Traffic Control Devices: (a) In accordance with ORS 810.200, the Oregon Transportation Commission (Commission) hereby adopts by reference the Manual on Uniform Traffic Control Devices for Streets and Highways (11th Editio…

734-020-0010 Establishment of Speed Limits on Interstate Highways (Except Variable Speed Zones, see OAR 734-020-0018) (1) Definitions: (a) “Commission” means the Oregon Transportation Commission. (b) “Department” means the Oregon Department of Transportation. (c) “Trucks” means a…

734-020-0011 Locations of Interstate Speed Limits Other Than Set in Statute (1) All locations of mainline interstate highways not specifically listed in section (2) of this rule have maximum speed limits listed in ORS 811.111. (2) Under the provisions of ORS 810.180(3), the speed…

734-020-0013 Establishment of Speed Zones on Local Agency Public Paved Roads (1) Purpose. This rule is adopted to describe the process and requirements for delegating the authority to establish speed zones on public paved roads by city and county road authorities when appropriate…

734-020-0014 Speed Zone Definitions The following definitions apply to OAR 734-020-0013 through 734-020-0018. (1) “Average crash rate” means the average of the crash rates for a group of similar highway segments within the same functional class and the same geographical area (eit…

734-020-0015 Establishment of Speed Zones on Public Roads Except Public Paved Low Volume or Public Unpaved Roads (1) Purpose and Intent: (a) This rule establishes the processes for designating speed zones on public roads under ORS 810.180. This rule applies to all public roads ex…

734-020-0016 Establishment of Speed Zones on Public Paved Low Volume Roads (1) Purpose. This rule is adopted for the purpose of establishing speed zones on public paved low volume roads by the Department and other road authorities and interested jurisdictions when appropriate. Es…

734-020-0017 Establishment of Speed Zones on Public Unpaved Roads (1) Purpose. This rule is adopted for the purpose of establishing speed zones on unpaved roads by the Department when appropriate. (2) Guidance. ODOT provides the following guidance to assist the road authority in …

734-020-0018 Establishment of Variable Speed Zones (1) Purpose: (a) This rule is adopted for the purpose of the Department and other road authorities establishing variable speed zones on public roads under ORS 810.180. A variable speed zone may be established on a section of high…

734-020-0019 Locations and Criteria of Variable Interstate Speed Limits This rule is applicable only to regulatory systems and not to advisory systems. (1) All locations of interstate highways have maximum speed limits set in section (2) of OAR 734-020-0011 or statutory maximum s…

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 estab…

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 definition…

734-020-0044 Bus Shoulder Lanes on Freeways (1) For purposes of this rule, the following definitions apply: (a) “Authorized bus” means an automotive vehicle, either publicly or privately owned, that is operated by or on behalf of a public transportation service provider for the p…

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 (Banfiel…

734-020-0060 Design and Construction of Bikeways (1) The Department of Transportation adopts by reference The American Association of State Highway and Transportation Officials, “Guide for the Development of Bicycle Facilities,” (Guide), dated August, 1991, to establish bikeway d…

734-020-0070 Fee for Issuance of Winter Recreation Parking Sno-Park Permits (1) The fee for parking permits in winter recreation parking areas (Sno-Parks) shall be as follows: (a) One day — $4; (b) Three consecutive days — $9; (c) Annual, beginning each November — $25. (2) Sno-Pa…

734-020-0080 State Highway Right of Way Parking; General Policy It is the policy of the Oregon Transportation Commission to permit the Chief Engineer to define areas within the state highway rights-of-way in which overnight parking of any motor vehicle shall be prohibited. Access…

734-020-0085 Parking Regulations (1) At defined areas requiring parking regulation, the Chief Engineer shall install signs using the legend “NO OVERNIGHT PARKING — PARKING (Between 1:00 a.m. and 5:00 a.m.) PROHIBITED.” Such signs shall be installed at locations visible to a drive…

734-020-0090 Criteria for Parking Regulation (1) If overnight parking in waysides, rest areas and winter recreational parking areas creates traffic and/or personal safety hazards, visible sanitation problems, sanitation problems not directly discernible, interferes with normal hi…

734-020-0095 Prohibited Activities on State Highway Right of Way (1) The following activities are prohibited on the right-of-way of any state highway as defined by ORS 377.710(34): (a) Lighting of fires; (b) Depositing refuse of any kind except in designated containers; (c) Campi…

734-020-0100 Definitions for Freeway Median Crossovers (1) “Freeway” means a fully access controlled throughway. (2) “Median” means the space between inside shoulders of the separated one-way roadways of a freeway. (3) “Crossover” means a surfaced roadway crossing the median and …

734-020-0105 Criteria for Approval of Freeway Median Crossovers (1) A freeway median crossover may be approved and constructed if the following criteria are met: (a) The median is 40 or more feet in width measured at right angles between the edges of the inside paved shoulder and…