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This web page is provided by the Office of Project Letting. Any questions about the content should be directed to the manager of OPL, Eryca McCartin. Questions related to the web site itself should be sent to the web editor.
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| Questions and Answers |
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A1. I need a Key Number for my V#s, Federal Aid Number, and Estimator File. The STIP hasn't been approved yet, how do I get my key number?
HPO has set up key numbers for projects on the Stimulus list that don't have key numbers. This should allow you to get the other numbers and information that is needed. The list has been sent to the Spec Writers. Contact your Spec Writer or STIP coordinator for the Key Numbers, or Judy Sherrard (SHERRARD Judith K * Judy) about getting a key number set up.
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A2. Where is ODOT's public information about current project lists and the application process?
This information can be found at the Federal Stimulus 120-Day Allocation Application web page.
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A3. How do I tell if my project is a Stimulus project or an ARRA project? Are they the same thing or something different?
When ODOT began preparing project lists for a potential federal funding package, we used the terms "Stimulus". The actual bill that was signed is called the American Recovery and Reinvestment Act (ARRA). ODOT is now using the terms ARRA wherever possible to accurately refer to this legislation and align with FHWA guidance. While funding types in PCS most accurately tell if a project is an ARRA project or not, ODOT staff can look at the OPL Bid Date Planning and Status Report in the "Comments" field. ARRA will be listed for those project identified to have ARRA funding. Any discrepancies that are discovered should be sent to Colleen Hunter for correction. Project Teams should also write "ARRA" on the top of the Final PS&E Submittal Checklist prior to submitting to OPL.
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A4. My estimate is under my OTC authorized amount for ARRA funding. Can I get an anticipated item to protect the construction authorization so I can add additional work (extend paving limits etc)?
No. We have consulted with the Director and Deputy Director on this issue. The need for transparency, along with our commitments to the Governor on returning dollars to the Oregon Way is going to mean that we will not add dollars to contracts that have favorable bids or the estimate is under the OTC budget amount. The OTC will consider reallocation. Anticipated Items are discussed in PD-07 and are only appropriate for work that isn't biddable, is within the scope approved by the OTC, and needs to be paid for in the construction phase. Templates, examples, and guidance on who signs them can be found at this link.
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B1. Does the American Recovery and Reinvestment Act (ARRA) money affect Davis Bacon rules on off-system local agency projects?
Davis-Bacon Prevailing Wage Rates (Section 1606) - Prevailing wage rate requirements apply to all ARRA funded construction projects and ODOT is currently working on appropriate language.
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C1. Are there programmatic exceptions for PS&E deliverables not being complete for ARRA projects? Are there ever items on the PS&E checklist that don't require a PD-02 letter?
There are no programmatic exceptions for PS&E deliverable for ARRA or other projects, this includes personal services contracts for CE phase, IGA with local governments, and all other items. If there are ever these exceptions, a letter will be posted to the OPL website.
Regions must certify on the front page of the Final PS&E Submittal Checklist that either all project requirements have been satisfied or that anything not complete has a signed and approved PD-02 Exception Letter. OPL will not deem your project complete and will not continue to process your project if everything is not complete. (A signed approved PD-02 Exception letter counts as complete)
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C2. Do you need the same things submitted for ARRA projects as for other projects?
Please follow the submission requirements in the PS&E Delivery Manual for FFO projects, even if your ARRA project is not FFO (include an extra copy of the plans, specs and estimate).
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D1. I have heard that there are contractor reporting requirements, how do I include them in my PS&E package? Are they required for all projects or just ODOT projects?
On April 2nd, ODOT Specifications issued new updates for the FHWA American Recovery and Reinvestment Act requirements. The below boiler plate special provision update indicates the changes be included in projects that bid on or after June 11th 2009. Per our standard practice, that is the date we expect the projects include the language when they arrive here in OPL, however they will be included in all projects effective immediately. OPL will coordinate with project teams for projects that bid between now and June 11th to add via addenda or prior to printing. There will continue to be updated requirements as the FHWA finalizes requirements. Please take care to always include the most up-to-date information possible, regardless of the implementation date. These reporting requirements are required for all projects with ARRA funds, even certified local agency projects.
JUNE 11, 2009 BOILER PLATE SPECIAL PROVISION UPDATES
The following updates incorporate new FHWA American Recovery and Reinvestment Act requirements for stimulus projects:
SP COV ARRA (Special Provisions Booklet Cover Page) [NEW]
SP TOC FED (Special Provisions Table of Contents with Federal Funds)
00130 (Award and Execution of Contract)
00170 (Legal Relations and Responsibilities)
Incorporate these boiler plate special provision updates into ODOT projects that bid on and after June 11, 2009.
The changes can be viewed on our website at http://www.oregon.gov/ODOT/HWY/SPECS/updates.shtml#Updates_For_Calendar_Year_2009
Editable versions are available on our website at http://www.oregon.gov/ODOT/HWY/SPECS/2008_special_provisions.shtml
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E1. What timeframe do I need to keep in mind to comply with the federal stimulus bill requirements?
There are many dates and timeframes floating around, and we have attempted to explain how they relate below:
Federal Bill Requirements: 50% of ODOT's funds (so approximately $117M) must be obligated within 120 days. 120 days is June 29th 2009. Obligation is when FHWA approves the project for advertisement. For planning purposes, projects should be open for advertisement on or prior to June 25th to meet these requirements. 100% of the stimulus funds (or $334M) should be obligated within 1 year, or March 1st 2010. Projects must reach PS&E by December 31, 2009 or ODOT can withdraw the ARRA dollars and apply them to another project. There are additional time requirements for spending the funds as well.
Agency Requirements: In addition to the federal requirements listed above, the Agency is committed to putting Oregonians to work this summer. The federal bill requirements do not assure that contracts will be in place in time for contractors to begin work this summer. As a result, all projects approved by the OTC (Bucket A) must have their bid openings by June 18th or they will not be placed on the Bid Schedule with Stimulus funds. Agencies with projects in Bucket A that also have other projects (Bucket B1) must obligate their funds by June 29th. Notification to OPL from the Deputy Director for Highway is required to be placed on the Bid Schedule with Stimulus funds for bid dates after June 18th. See the section on “Figuring out obligation and bid opening restrictions”.
This table can be used for a quick calculation of when PS&E packages are due to OPL.
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F1. In previous years we've been concerned about Asphalt Cement (AC) availability, with all the stimulus work are we still worried?
Read the Market Survey Document for detailed information on this topic.
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F2. With all the states getting stimulus, does that impact the AC availability?
Signing of the bill today should not result in an impact on the availability – a delay of two weeks signing would have resulted in potential shortages – the timing of signature was/is very critical to supply of materials to make this initiative successful.
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F3. Are their special project identification signs for Stimulus projects (2009 American Recovery and Reinvestment Act)?
Linked below is the current electronic version for the 2009 American Recovery and Reinvestment Act (ARRA) stimulus project identification sign (#CG20-8S) for Oregon.
Please note the following colors for this sign:
Legend: Retroreflective Blue
Background: Retroreflective Silver-white
ARRA Logo: Retroreflective Red
Retroreflective Blue
Retroreflective Green
Chapter 6 of the ODOT Sign Policy has been updated to reflect these details.
ADDITIONAL INFORMATION:
1) This sign is to be added to all projects receiving Stimulus funding. If necessary, add via Addendum Letter or CCO, depending on the timing of when the funding is identified.
2) Designers, PLEASE make sure to include the appropriate 00225 Special Provisions in the Special Provisions if your project qualifies.
3) On a Stimulus Project, include only this Project ID sign. DO NOT include both the Stimulus ID sign and the Standard ID (CG20-8) sign.
4) The Project ID sign "PUTTING OREGON BACK TO WORK" with the ARRA logo is required on all ARRA projects. (the Rider is optional only on local agency projects)
If you have additional questions about the application of this sign, please contact Scott M. McCanna, P.E. | State Traffic Control Plans Engineer.
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F4. I've been getting some conflicting information on if I need a Letter of Public Interest Finding with my Anticipated Item request. In addition to the guidance in the Users Guide to PS&E, is there additional information available?
Yes. The ARRA bill language has some specific requirements relating to ARRA funds, and there is additional scrutiny on all projects.
- Extending project limits / adding work is not allowed under an anticipated item. An addenda is allowed, provided all clearances, permits, and certifications, and PS&E Final Submittal Checklist are complete, and the type of work and location is where the OTC approved. Most times, the project will be postponed a few weeks to accomplish this if the project is already at advertisement. For questions, contact Eryca McCartin.
- Anticipated Items: All anticipated items should have the dollar amount for each line item separated out into procurement methods - i.e. if installing a camera, it should include $$ for the material purchase and $$ for the installation. Each component should also be spelled out as to the procurement method (state forces, competitively bid etc). If it is bid, the method bid should be described. If it is not competitively bid (Agency forces is a common example), a Public Interest Finding is also required unless it is ARRA with Agency/Utility forces and the nature of the work fits within the description of SS 635.204(b) below then a PIF is not required, but it still may need an anticipated item approval and will require documentation (statement) that it complies with that section. Additional discussion should also be included in the anticipated item request that also discusses the reasons that these items are not included in the construction contract.
- ARRA: exception to competitively bid pieces of work - Utilities. If the project team is requesting an AI/PIF for utility work, this is an exception to the long process for Agency forces, provided it complies with section 635.205b something like "The wiring preparation adheres to the parameters laid out in SS 635.204(b) in that it is minor work that is routinely done by Agency Forces and could not feasibly be done by the contractor" if this is the reason the request was made.
- Public Interest Findings - more detail more detail more detail on why it is in the public's best interest. Most of the time, extensive research in the regions has occurred - but this reasoning doesn't get documented. Any auditor (state, federal, or the Oregonian) should be able to read a letter and understand the background and discussion.
(b) Pursuant to authority in 23 U.S.C. 112(b), it is hereby determined that by reason of the inherent nature of the operations involved, it is cost effective to perform by force account the adjustment of railroad or utility facilities and similar types of facilities owned or operated by a public agency, a railroad, or a utility company provided that the organization is qualified to perform the work in a satisfactory manner. The installation of new facilities shall be undertaken by competitive bidding except as provided in §635.204(c). Adjustment of railroad facilities shall include minor work on the railroad's operating facilities routinely performed by the railroad with its own forces such as the installation of grade crossing warning devices, crossing surfaces, and minor track and signal work. Adjustment of utility facilities shall include minor work on the utility's existing facilities routinely performed by the utility with its own forces and includes minor installations of new facilities to provide power, minor lighting, telephone, water and similar utility service to a rest area, weigh-station, movable bridge, or other highway appurtenance, provided such installation cannot feasibly be done as incidental to a major installation project such as an extensive highway lighting system.
In short - Any auditor, FHWA friend, or public records request should be able to request a copy of the letter and clearly understand the considerations that go into the finding and not have to call anyone to find out more.
Anticipated items letters will not be approved if not competitively bid and there is not a PIF or statement that identifies the work as fitting within the parameters of SS 635.204(b).
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