839-025-0230 Fees for Contracts with Other Special Circumstances (1) When a public agency enters into an agreement for construction management services or chooses to act as its own general contractor or construction manager in connection with a public works project subject to ORS 279C.800 to 279C.870, the contract price for purposes of determining whether the project is regulated under the law shall be the sum of all contracts associated with the project or, if the actual sums are not known at the time work begins, the contract price shall be the guaranteed maximum amount for the project or the agency's good faith estimate of the contract price of the project if there is no guaranteed maximum amount. (2) When a public agency contracts with a contractor to act as the general manager of a public works project, the contract for general manager services is a public works contract for purposes of these rules and a fee is required just as it is for any other public works contract, since the contract would not have been entered into but for the public works project. (3) When a public agency acts as its own general contractor and enters into one or several contracts in connection with a public works project subject to ORS 279C.800 to 279C.870, the public agency is required to pay the fee in connection with each contract awarded to each contractor. The fee is required on all contracts, regardless of the contract price of any individual contract, so long as the combined price of all contracts awarded on the project is $50,000 or more. (4) When a project is a public works project pursuant to ORS 279C.800(6)(a)(B) and no public agency awards a contract to a contractor for the project, the public agency or agencies providing public funds for the project shall pay the required fee at the time the public agency or agencies commit(s) to the provision of funds for the project. The amount of the fee shall be based on the total project amount. When the amount of the project is not known by the public agency or agencies providing public funds for the project, the public agency or agencies shall pay the required fee pursuant to the provisions of OAR 839-025-0220. (5) When a project is a public works project pursuant to ORS 279C.800(6)(a)(C) and no public agency awards a contract to a contractor for the project, the public agency or agencies that will occupy or use the completed project shall pay the required fee when the agency or agencies enter(s) into an agreement to occupy or use the completed project. The amount of the fee shall be based on the total project amount. When the amount of the project is not known by the public agency or agencies that will occupy or use the completed project, the public agency or agencies shall pay the required fee pursuant to the provisions of OAR 839-025-0220. (6) When a project is a public works project pursuant to ORS 279C.800(6)(a)(D) and no public agency awards a contract to a contractor for the project, the public agency that owns the land, premise(s), structure(s), or building(s) on which the solar radiation device will be constructed or installed shall pay the required fee at the time the public agency enters into an agreement authorizing the construction or installation of the solar radiation device. The amount of the fee shall be based on the total project amount. When the amount of the project is not known by the public agency, the public agency shall pay the required fee pursuant to the provisions of OAR 839-025-0220. (7) When a project is a public works project pursuant to ORS 279C.800(6)(a)(E) and no public agency awards a contract to a contractor for the project, the public university listed in ORS 352.002 that owns the land, premise(s), structure(s), or building(s) on which the construction, reconstruction, major renovation, demolition, removal of hazardous waste or painting takes place shall pay the required fee at the time the public university enters into an agreement authorizing the construction, reconstruction, major renovation, demolition, removal of hazardous waste or painting. The amount of the fee shall be based on the total project amount. When the amount of the project is not known the public university shall pay the required fee pursuant to the provisions of OAR 839-025-0220. (8) If a project is a public works of the type described in ORS 279C.800(6)(a)(F) and no public agency awards a contract to a contractor for the project, the public agency or agencies providing public funds for the project or the public agency that owns the real property on which the demolition or removal of hazardous waste take place shall pay the required fee. The fee shall be paid at the time the public agency or agencies commit(s) to the provision of funds for the project, or at the time the public agency authorizes demolition or hazardous waste removal work to be performed. The amount of the fee shall be based on the total project amount. When the amount of the project is not known, the public agency or agencies shall pay the required fee pursuant to the provisions of OAR 839-025-0220. (9) When more than one public agency is required to pay a fee pursuant to this rule, the amount of the fee owed by each public agency shall, if not otherwise previously agreed upon by the agencies, be pro-rated proportionately based on the amount of public funds provided or space occupied or used by each agency. Statutory/Other Authority: ORS 651.060 & ORS 279C.808 Statutes/Other Implemented: ORS 279C.800 - 279C.870 History: BLI 20-2024, amend filed 10/18/2024, effective 10/21/2024 BLI 2-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 4-2018, amend filed 02/22/2018, effective 02/22/2018 BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11 BLI 23-2010, f. 12-30-10, cert. ef. 1-1-11 BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08 BLI 29-2005, f. 12-29-05, cert. ef. 1-1-06 Renumbered from 839-016-0230, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05 BL 3-1996, f. & cert. ef. 1-26-96