MG-Activities-01: Guidelines for Engineering Requirements for Maintenance Operations

Type: Operational Notice

Topic or Program: Maintenance

Final Number: MG-Activities-01

Effective Date: 03/01/2017

Updated Date: 03/01/2017

Signature on File: Luci Moore, State Maintenance and Operations Engineer; Tom Lauer, ODOT Chief Highway Engineer

The purpose of this notice is to establish guidelines for engineering requirements relating to Maintenance Crews and Maintenance Projects throughout the state. The purpose of this guidance is to ensure compliance with ODOT Policy # DES 05-02 which is in place to safeguard life, health, and property.

In 2010 Oregon Department of Transportation began reviewing our policies and procedures regarding requirements by ORS 672 and professionals of record. ODOT’s Chief Highway Engineer has the responsibility and authority to issue and approve department policies and procedures for professional of record requirements consistent with governing statutes, rules, and decisions of the applicable professional boards.

The Maintenance Leadership Team (MLT) led the effort to review professional of record requirements for maintenance crew activities and maintenance projects. This Operational Notice describes the review process used to produce guidance, the stakeholders involved, documented outcomes, and criteria used during the evaluation. Evaluation was done objectively by technical experts with reference to the Department of Justice Attorney General Opinion No. 7821 that provides clarification to ORS 672. The Attorney General Opinion was issued in response to a question asking “are services of a registered professional engineer required for construction, reconstruction or repair of public roads.” The Attorney General Opinion states the difficulty in listing every situation where professional of records are required and therefore provides guidance so a decision can be made on a case by case basis.

This Operational Notice provides further guidance and reference to the Attorney General Opinion No. 7821 so ODOT can determine professional of record needs and requirements during maintenance activities and maintenance projects.

Professional of Record (POR)

Includes all licensed professionals that, by the conditions of their professional license, can legally produce final work or work products requiring a professional license.

Guidance documents are divided into five types of work and each lists examples of ODOT maintenance activities in relation to their Professional of Record requirements. Bridge, Pavement, Geotechnical/Geology, Hydraulic, and Traffic/Roadway categories incorporate the majority of activities in which Maintenance Districts and Sections are responsible.

List of Guidance Documents:

APPENDIX A: Bridge Maintenance Requirements Regarding Licensed Professionals

APPENDIX B: Pavement Maintenance Requirements Regarding Licensed Professionals

APPENDIX C: Geotechnical/Geology Maintenance Requirements Regarding Licensed Professionals

APPENDIX D: Hydraulic Maintenance Requirements Regarding Licensed Professionals

APPENDIX E: Traffic & Roadway Services Maintenance Requirements Regarding Licensed Professionals

APPENDIX F: Department of Justice Attorney General Opinion No. 7821 – Provides clarification with a legal interpretation of ORS 672 regarding professional of record requirements. The Attorney General Opinion was issued in response to a question asking “are services of a registered professional engineer required for construction, reconstruction or repair of public roads.”

Additional Guidance:

ODOT Standard Drawings: Standard Drawings or Specifications can only be used to fulfill requirements of a Licensed Professional when all of the following criteria are met:

• Document has been engineered and stamped by a licensed professional
• Oregon Department of Transportation retains a valid copy of the document on file
• Drawings or specifications contain adequate information and specifications for a non-engineer to perform the preparation and application of materials used so that engineering skills are not required.

Oregon Temporary Traffic Control Handbook (OTTCH): The Oregon Temporary Traffic Control Handbook can be applied, if applicable, during Maintenance Activities and District Permitting Operations according to the following:

• The standards in the OTTCH were developed in a cooperative effort with ODOT, the Oregon Traffic Control Devices Committee, and subcommittees from local and state public works and maintenance jurisdictions. The standards were adopted by the Oregon Transportation Commission as the standards for all temporary traffic control in place continuously for three days or less on Oregon public roads per their designated authority in ORS 810.200 and OAR 734-020-0005.
• For work not applicable to the OTTCH or work requiring devices in place longer than three continuous days, a more comprehensive Traffic Control Plan (TCP) is needed and a licensed professional may be required.

Emergency situations: In certain circumstances, there is a need to start repairs immediately to stabilize the situation to safeguard life, health and property. When this occurs and an engineered document is required, the appropriate engineer should be consulted as soon as feasible to discuss the situation and develop a plan for getting the appropriate engineering review, guidance and documents.

References:

APPENDIX G: Description of the process used to establish this guidance

APPENDIX H: Comprehensive list of discussion meeting stakeholders and their respective positions

• Appendix A
  
• Appendix B
  
• Appendix C
  
• Appendix D
  
• Appendix E
  
• Appendix G
• Appendix H