OAR 731-070-0200
Negotiation of Agreements for Transportation Projects
(1)
A Detailed Proposal approved by the Commission for negotiation of a final agreement shall be referred to a working group appointed by the Director. The working group shall be responsible for negotiating the final agreement with the proposer. Each final agreement will define the rights and obligations of ODOT and the respective proposer with regard to the Transportation Project. The final agreement must include provisions specifying at least the following:(a)
At what point in the Transportation Project public and private sector partners will enter the Project and which partners will assume responsibility for specific Project elements;(b)
How the partners will share management of the risks of the Project;(c)
How the partners will share the costs of development of the Project;(d)
How the partners will allocate financial responsibility for cost overruns;(e)
The penalties for nonperformance;(f)
The incentives for performance;(g)
The invoicing and payment procedures and schedules to be followed, and the accounting and auditing standards to be used to evaluate work on the Project; and(h)
Whether the Project is consistent with the plan developed by the Oregon Transportation Commission under ORS 184.618 and any applicable regional transportation plans or local transportation programs and, if not consistent, how and when the Project will become consistent with applicable plans and programs.(2)
If public moneys are used to pay any costs of construction of public works that is part of a Transportation Project, the construction contract shall contain provisions that require payment of workers under the contract in accordance with ORS 279C.520 (Condition concerning hours of labor) and 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage).(3)
An agreement for the construction of a public improvement as part of a Transportation Project shall approved for bonding, financial guarantees, deposits or the posting of other security to secure the payment of laborers, subcontractors and suppliers who perform work or provide materials as part of the Project.(4)
The working group shall consider whether to implement procedures to promote competition among subcontractors for any subcontracts to be let in connection with the Transportation Project. As part of its request for approval of the agreement by the Commission under OAR 731-070-0230 (Commission Review of Final Agreement), the working group shall report in writing to the Commission its conclusions regarding the appropriateness of implementing such procedures.
Source:
Rule 731-070-0200 — Negotiation of Agreements for Transportation Projects, https://secure.sos.state.or.us/oard/view.action?ruleNumber=731-070-0200.