reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.535 - Condition concerning steel material; rules.

The Department of Transportation shall adopt rules to require that public improvement contracts entered into by the department include a price escalation and de-escalation clause relating to steel material. As used in this section, "steel material" includes structural and reinforcing steel, steel studs, sheet piling, guardrail, ductile iron pipe and other steel products used for the construction, reconstruction or major renovation of a road or highway. [2005 c.557 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.537 - Condition concerning use of diesel engines in motor vehicles used in performing certain public improvement contracts; rules.

(1) As used in this section, "diesel engine," "nonroad diesel engine" and "motor vehicle" have the meanings given those terms in ORS 468A.795.
(2) Except as provided in subsection (4) of this section, a public improvement contract must require at least 80 percent of the total fleet of motor vehicles that are motor vehicles powered by diesel engines and equipment powered by nonroad diesel engines used on site and in the course of performing the contract to be:
(a) Motor vehicles powered by model year 2010 or newer diesel engines; and
(b) Equipment powered by nonroad diesel engines, whether or not capable of being powered by alternative fuel, that meet or exceed United States Environmental Protection Agency Tier 4 exhaust emission standards for nonroad compression ignition engines.
(3) Subsection (2) of this section applies only to a public improvement contract for a public improvement:
(a) With a value of $20 million or more;
(b) For which the contracting agency is a state contracting agency; and
(c) If the public improvement is located within Multnomah, Clackamas or Washington County.
(4)(a) The Department of Environmental Quality may by order establish minimum standards for contract specifications relating to the use of diesel engines in the course of performing a public improvement contract by a state contracting agency. In establishing standards under this subsection, the department shall take into consideration methods for assisting contractors certified, under ORS 200.055, as disadvantaged business enterprises, minority-owned businesses, women-owned businesses, veteran-owned businesses or emerging small businesses in complying with the minimum standards for contract specifications.
(b) The Director of Transportation, the Director of the Oregon Department of Administrative Services and the Attorney General may adopt rules for contract specifications relating to the use of diesel engines on site and in the course of performing a public improvement contract by a state contracting agency. In adopting rules under this paragraph, the directors and the Attorney General shall consider the minimum standards established by the Department of Environmental Quality under paragraph (a) of this subsection.
(c) As an alternative to meeting the requirements of subsection (2) of this section, a public improvement contract subject to subsection (2) of this section may include contract specifications that meet the minimum standards applicable to the public improvement contract under rules adopted pursuant to paragraph (b) of this subsection. [2019 c.645 §18; 2023 c.497 §15]
Note:
279C.537 was added to and made a part of the Public Contracting Code by legislative action but was not added to ORS chapter 279C or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.545 - Time limitation on claim for overtime; posting of circular by contractor.

When labor is employed by the state or a county, school district, municipality, municipal corporation or subdivision thereof through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract, providing the contractor has:
(1) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper’s office or in a similar place that is readily available and freely visible to workers employed on the work.
(2) Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. [2003 c.794 §145]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.550 - "Retainage" defined.

As used in ORS 279C.550 to 279C.570, "retainage" means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the contracting agency. [2003 c.794 §146; 2005 c.103 §32]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.555 - Withholding of retainage.

The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420. [2003 c.794 §147; 2013 c.410 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.565 - Limitation on retainage requirements.

Unless otherwise specifically included by statute, the provisions of ORS 279C.560 or 279C.625 apply only as between the contracting agency or public body and the party with whom it contracts. [2003 c.794 §149]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.585 - Authority to substitute undisclosed first-tier subcontractor; circumstances; rules.

A contractor whose bid is accepted may substitute a first-tier subcontractor that was not disclosed under ORS 279C.370 by submitting the name of the new subcontractor and the reason for the substitution in writing to the contracting agency. A contractor may substitute a first-tier subcontractor under this section in the following circumstances:
(1) When the subcontractor disclosed under ORS 279C.370 fails or refuses to execute a written contract after having had a reasonable opportunity to do so after the written contract, which must be reasonably based upon the general terms, conditions, plans and specifications for the public improvement project or the terms of the subcontractor’s written bid, is presented to the subcontractor by the contractor.
(2) When the disclosed subcontractor becomes bankrupt or insolvent.
(3) When the disclosed subcontractor fails or refuses to perform the subcontract.
(4) When the disclosed subcontractor fails or refuses to meet the bond requirements of the contractor that had been identified prior to the bid submittal.
(5) When the contractor demonstrates to the contracting agency that the subcontractor was disclosed as the result of an inadvertent clerical error.
(6) When the disclosed subcontractor does not hold a license from, or has a license that is not properly endorsed by, the Construction Contractors Board and is required to be licensed by the board.
(7) When the contractor determines that the work performed by the disclosed subcontractor is substantially unsatisfactory and not in substantial accordance with the plans and specifications or that the subcontractor is substantially delaying or disrupting the progress of the work.
(8) When the disclosed subcontractor is ineligible to work on a public improvement contract under applicable statutory provisions.
(9) When the substitution is for good cause. The Construction Contractors Board shall define "good cause" by rule. "Good cause" includes but is not limited to the financial instability of a subcontractor. The definition of "good cause" must reflect the least-cost policy for public improvements established in ORS 279C.305.
(10) When the substitution is reasonably based on the contract alternates chosen by the contracting agency. [2003 c.794 §152; 2007 c.836 §45]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.600 - Right of action on payment bond or public works bond of contractor or subcontractor; notice of claim.

(1) A person claiming to have supplied labor or materials for the performance of the work provided for in a public contract, including any person having a direct contractual relationship with the contractor furnishing the payment bond or a direct contractual relationship with any subcontractor, or an assignee of such person, or a person claiming moneys due the State Accident Insurance Fund Corporation, the Unemployment Compensation Trust Fund or the Department of Revenue in connection with the performance of the contract, has a right of action on the contractor’s payment bond as provided for in ORS 279C.380 and 279C.400 only if:
(a) The person or the assignee of the person has not been paid in full; and
(b) The person gives written notice of claim, as prescribed in ORS 279C.605, to the contractor and the contracting agency.
(2) When, upon investigation, the Commissioner of the Bureau of Labor and Industries has received information indicating that one or more workers providing labor on a public works have not been paid in full at the prevailing rate of wage or overtime wages, the commissioner has a right of action first on the contractor’s public works bond required under ORS 279C.836 and then, for any amount of a claim not satisfied by the public works bond, on the contractor’s payment bond, as provided in ORS 279C.380 and 279C.400. When an investigation indicates that a subcontractor’s workers have not been paid in full at the prevailing rate of wage or overtime wages, the commissioner has a right of action first on the subcontractor’s public works bond and then, for any amount of a claim not satisfied by the subcontractor’s public works bond, on the contractor’s payment bond. The commissioner’s right of action exists without necessity of an assignment and extends to workers on the project who are not identified when the written notice of claim is given, but for whom the commissioner has received information indicating that the workers have provided labor on the public works and have not been paid in full. The commissioner shall give written notice of the claim, as prescribed in ORS 279C.605, to the contracting agency, the Construction Contractors Board, the contractor and, if applicable, the subcontractor. The commissioner may not make a claim for the same unpaid wages against more than one bond under this section. [2003 c.794 §154; 2005 c.360 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.605 - Notice of claim.

(1) The notice of claim required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 180 days after the day the person last provided labor or furnished materials or 180 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor or subcontractor at any place the contractor or subcontractor maintains an office or conducts business or at the residence of the contractor or subcontractor.
(2) Notwithstanding subsection (1) of this section, if the claim is for a required contribution to a fund of an employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 200 days after the employee last provided labor or materials.
(3) The notice must be in writing substantially as follows:
______________________________________________________________________________
To (here insert the name of the contractor or subcontractor and the name of the public body):
Notice hereby is given that the undersigned (here insert the name of the claimant) has a claim for (here insert a brief description of the labor or materials performed or furnished and the person by whom performed or furnished; if the claim is for other than labor or materials, insert a brief description of the claim) in the sum of (here insert the amount) dollars against the (here insert public works bond or payment bond, as applicable) taken from (here insert the name of the principal and, if known, the surety or sureties upon the public works bond or payment bond) for the work of (here insert a brief description of the work concerning which the public works bond or payment bond was taken). Such material or labor was supplied to (here insert the name of the contractor or subcontractor).
_____________________
______________________________________________________________________________
(4) When notice of claim is given by the commissioner and if the claim includes a worker who is then unidentified, the commissioner shall include in the notice a statement that the claim includes an unidentified worker for whom the commissioner has received information indicating that the worker has not been paid in full at the prevailing rate of wage required by ORS 279C.840 or overtime wages required by ORS 279C.540.
(5) The person making the claim or giving the notice shall sign the notice. [2003 c.794 §155; 2005 c.360 §4; 2009 c.160 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.610 - Action on contractor’s public works bond or payment bond; time limitation.

(1) The Commissioner of the Bureau of Labor and Industries or a person who has a right of action on the public works bond or the payment bond under ORS 279C.600 and, where required, who has filed and served the notice or notices of claim, as required under ORS 279C.600 and 279C.605, or that person’s assignee, may institute an action on the contractor’s public works bond or payment bond in a circuit court of this state or the federal district court of the district.
(2) The action shall be on the relation of the commissioner, the claimant, or that person’s assignee, as the case may be, and shall be in the name of the contracting agency that let the contract or, when applicable, the public agency or agencies for whose benefit the contract was let. It may be prosecuted to final judgment and execution for the use and benefit of the commissioner or the claimant, or that person’s assignee, as the fact may appear.
(3) The action shall be instituted no later than two years after the person last provided labor or materials or two years after the worker listed in the commissioner’s notice of claim last provided labor. [2003 c.794 §156; 2005 c.360 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.615 - Preference for labor and material liens.

All labor and material liens have preference and are superior to all other liens and claims of any kind or nature created by ORS 279C.500 to 279C.530 and 279C.600 to 279C.625. [2003 c.794 §157]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.620 - Rights of person providing medical care to employees of contractor.

A person providing medical, surgical or hospital care services or other needed care and attention, incident to sickness or injury, to the employees of a contractor or subcontractor on a public contract is deemed to have performed labor on the public contract for the purposes of ORS 279C.600 to 279C.625. [2003 c.794 §158]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.625 - Joint liability when payment bond not executed.

If the public improvement contract is one for which a payment bond as provided for in ORS 279C.380 and 279C.400 is required and the contractor fails to pay for labor or materials or to pay claims due the Industrial Accident Fund, the Unemployment Compensation Trust Fund or the Department of Revenue and the officers of the public body that authorized the contract fail or neglect to require the person entering into the contract to execute the payment bond:
(1) The State of Oregon and the officers authorizing the contract shall be jointly liable for the labor and materials used in the performance of any work under the contract, and for claims due the Industrial Accident Fund, the Unemployment Compensation Trust Fund and the Department of Revenue, if the contract was entered into with the State of Oregon.
(2) The public body and the officers authorizing the contract shall be jointly liable for the labor and materials used in the performance of any work under the contract and for claims due the Industrial Accident Fund, the Unemployment Compensation Trust Fund and the Department of Revenue, if the contract was entered into on behalf of a public body other than the state. [2003 c.794 §159; 2005 c.103 §35]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.650 - "Labor dispute" defined.

As used in ORS 279C.650 to 279C.670, "labor dispute" has the meaning given that term in ORS 662.010. [2003 c.794 §160]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.655 - Extension and compensation when work suspended.

If a public contract is not terminated but work under the contract is suspended by an order of a contracting agency for any reason considered to be in the public interest other than a labor dispute or any third-party judicial proceeding relating to the work other than a suit or action filed in regards to a labor dispute, the contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. [2003 c.794 §161]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.660 - Compensation when contract terminated due to public interest.

When a public contract is terminated by mutual agreement, provision shall be made for the payment of compensation to the contractor. In addition to a reasonable amount of compensation for preparatory work and for all costs and expenses arising out of termination, the amount to be paid to the contractor:
(1) Shall be determined on the basis of the contract price in the case of any fully completed separate item or portion of the work for which there is a separate or unit contract price; and
(2) May, with respect to any other work, be a percent of the contract price equal to the percentage of the work completed. [2003 c.794 §162]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.665 - Contractual provisions for compensation when contract terminated due to public interest.

A contracting agency may provide in a public improvement contract detailed provisions under which the contractor shall be entitled, as a matter of right, to compensation upon termination of the contract on account of any reason considered to be in the public interest. [2003 c.794 §163]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.670 - Application of ORS 279C.650 to 279C.670.

ORS 279C.650 to 279C.670 do not apply to suspension of the work or termination of the contract that occurs as a result of the contractor’s violation of federal, state or local statutes, ordinances, rules or regulations in existence at the time the contract was executed or as a result of violations of the terms of the contract. [2003 c.794 §164]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.805 - Policy.

The Legislative Assembly declares that the purposes of the prevailing rate of wage law are:
(1) To ensure that contractors compete on the ability to perform work competently and efficiently while maintaining community-established compensation standards.
(2) To recognize that local participation in publicly financed construction and family wage income and benefits are essential to the protection of community standards.
(3) To encourage training and education of workers to industry skills standards.
(4) To encourage employers to use funds allocated for employee fringe benefits for the actual purchase of those benefits. [2003 c.794 §166]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.807 - Workforce diversity for public works projects.

(1) The Bureau of Labor and Industries shall develop and adopt a plan to increase diversity statewide among workers employed on projects subject to ORS 279C.800 to 279C.870. The bureau shall develop the plan after conducting a statewide public process to solicit proposals to increase diversity and shall adopt the plan after considering proposals submitted to the bureau.
(2) The bureau shall report each year to the Legislative Assembly or to the appropriate legislative interim committee concerning progress that results from the plan adopted under this section and may submit recommendations for legislation or other measures that will improve diversity among workers employed on projects subject to ORS 279C.800 to 279C.870. The bureau shall submit the first report no later than January 1, 2009. [2007 c.844 §9]
Note:
279C.807 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 279C or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.808 - Rules.

In accordance with applicable provisions of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries shall adopt rules necessary to administer ORS 279C.800 to 279C.870. [2007 c.764 §45]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.817 - Determination of applicability of prevailing wage rate; time limitation; hearing; rules.

(1) The Commissioner of the Bureau of Labor and Industries shall, upon the request of a public agency or other interested person, make a determination about whether a project or proposed project is or would be a public works on which payment of the prevailing rate of wage is or would be required under ORS 279C.840.
(2) The requester shall provide the commissioner with information necessary to enable the commissioner to make the determination.
(3) The commissioner shall make the determination within 60 days after receiving the request or 60 days after the requester has provided the commissioner with the information necessary to enable the commissioner to make the determination, whichever is later. The commissioner may take additional time to make the determination if the commissioner and the requester mutually agree that the commissioner may do so.
(4) The commissioner shall afford the requester or a person adversely affected or aggrieved by the commissioner’s determination a hearing in accordance with ORS 183.413 to 183.470. An order the commissioner issues under ORS 183.413 to 183.470 is subject to judicial review as provided in ORS 183.482.
(5) The commissioner shall adopt rules establishing the process for requesting and making the determinations described in this section. [2007 c.764 §43]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.820 - Advisory committee to assist commissioner.

(1) The Commissioner of the Bureau of Labor and Industries shall appoint an advisory committee to assist the commissioner in the administration of ORS 279C.800 to 279C.870.
(2) The advisory committee must include equal representation of members from management and labor in the building and construction industry who perform work on public works contracts and such other interested parties as the commissioner shall appoint. [2003 c.794 §179]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.825 - Fees; rules.

(1)(a) The Commissioner of the Bureau of Labor and Industries, by order, shall establish a fee to be paid by the public agency that awards a public works contract subject to ORS 279C.800 to 279C.870. The commissioner shall use the fee to pay the costs of:
(A) Surveys to determine the prevailing rates of wage;
(B) Administering and providing investigations under and enforcement of ORS 279C.800 to 279C.870; and
(C) Providing educational programs on public contracting law under the Public Contracting Code.
(b) The commissioner shall establish the fee at 0.1 percent of the contract price. However, in no event may a fee be charged and collected that is less than $250 or more than $7,500.
(2) The commissioner shall pay moneys received under this section into the State Treasury. The moneys shall be credited to the Prevailing Wage Education and Enforcement Account created by ORS 651.185.
(3) The public agency shall pay the fee at the time the public agency notifies the commissioner under ORS 279C.835 a contract subject to the provisions of ORS 279C.800 to 279C.870 has been awarded. [2003 c.794 §178; 2007 c.844 §7; 2009 c.161 §1; 2009 c.788 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.827 - Division of public works project; applicability of prevailing wage rate to divided projects.

(1)(a) A person or public agency may not divide a public works project into more than one contract for the purpose of avoiding compliance with ORS 279C.800 to 279C.870.
(b) If the Commissioner of the Bureau of Labor and Industries determines that a person or public agency has divided a public works project into more than one contract for the purpose of avoiding compliance with ORS 279C.800 to 279C.870, the commissioner shall issue an order compelling compliance.
(c) In making determinations under this subsection, the commissioner shall consider:
(A) The physical separation of the project structures;
(B) The timing of the work on project phases or structures;
(C) The continuity of project contractors and subcontractors working on project parts or phases;
(D) The manner in which the public agency and the contractors administer and implement the project;
(E) Whether a single public works project includes several types of improvements or structures; and
(F) Whether the combined improvements or structures have an overall purpose or function.
(2)(a) The commissioner may apply the considerations set forth in subsection (1)(c) of this section to determine whether to divide a public works project into more than one contract, regardless of whether the commissioner believes that a person or public agency divided the public works project for the purpose of avoiding compliance with ORS 279C.800 to 279C.870.
(b) If a project is a public works project of the type described in ORS 279C.800 (6)(a)(B) or (C), the commissioner shall divide the project, if appropriate, after applying the considerations set forth in subsection (1)(c) of this section to separate the parts of the project that include funds of a public agency or that will be occupied or used by a public agency from the parts of the project that do not include funds of a public agency and that will not be occupied or used by a public agency. If the commissioner divides the project, any part of the project that does not include funds of a public agency and that will not be occupied or used by a public agency is not subject to ORS 279C.800 to 279C.870.
(3) If a project includes parts that are owned by a public agency and parts that are owned by a private entity, the commissioner shall divide the project, if appropriate, after applying the considerations set forth in subsections (1)(c) and (2)(b) of this section to separate the parts of the project that are public works from the parts of the project that are not public works. If the commissioner divides the project, parts of the project that are not public works are not subject to ORS 279C.800 to 279C.870. [2007 c.764 §44; 2017 c.334 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.829 - Agreement with other state to pay less than prevailing rate of wage.

Notwithstanding any other provision of law, a contracting agency may not enter into an agreement with another state or a political subdivision or agency of another state in which the contracting agency agrees that a contractor or subcontractor may pay less than the prevailing rate of wage determined in accordance with ORS 279C.815 under the terms of a contract for public works to which the contracting agency is a party or of which the contracting agency is a beneficiary. [2009 c.322 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.835 - Notifying commissioner of public works contract subject to prevailing wage; payment of fee.

Public agencies shall notify the Commissioner of the Bureau of Labor and Industries in writing, on a form prescribed by the commissioner, whenever a contract subject to the provisions of ORS 279C.800 to 279C.870 has been awarded. The notification shall be made within 30 days of the date that the contract is awarded. The notification shall include payment of the fee required under ORS 279C.825 and a copy of the disclosure of first-tier subcontractors that was submitted under ORS 279C.370. [2003 c.794 §175; 2009 c.161 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.838 - Applicability of state and federal rates of wage; determination of site of project; determination of applicability of wage to transportation workers; waiver.

When a public works project is subject to the Davis-Bacon Act (40 U.S.C. 3141 et seq.):
(1) If the state prevailing rate of wage is higher than the federal prevailing rate of wage, the contractor and every subcontractor on the project shall pay at least the state prevailing rate of wage as determined under ORS 279C.815;
(2) The Commissioner of the Bureau of Labor and Industries shall determine the site of the project in a manner consistent with the term "site of the work" as that term is used in federal law and in regulations adopted or guidelines issued in accordance with the Davis-Bacon Act;
(3) The commissioner shall determine in a manner that is consistent with federal law and regulations adopted or guidelines issued in accordance with the Davis-Bacon Act whether workers transporting materials and supplies to and from the site of the project are subject to the Davis-Bacon Act and are entitled to be paid the prevailing rate of wage;
(4) Except as provided in subsection (1) of this section, the commissioner, in consultation with the advisory committee appointed under ORS 279C.820, may administer and enforce ORS 279C.800 to 279C.870 in a manner that is consistent with federal law and regulations adopted or guidelines issued in accordance with the Davis-Bacon Act. The commissioner may provide a waiver from a requirement set forth in ORS 279C.800 to 279C.870 if necessary to achieve consistency with the Davis-Bacon Act and to further the purposes of ORS 279C.805; and
(5) ORS 279C.800 to 279C.870 do not apply to workers enrolled in skill training programs that are certified by the United States Secretary of Transportation under the Federal-Aid Highway Act (23 U.S.C. 113(c)). [2005 c.360 §7; 2007 c.844 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.850 - Inspection to determine whether prevailing rate of wage being paid; civil action for failure to pay prevailing rate of wage or overtime.

(1) At any reasonable time the Commissioner of the Bureau of Labor and Industries may enter the office or business establishment of any contractor or subcontractor performing public works and gather facts and information necessary to determine whether the prevailing rate of wage is actually being paid by such contractor or subcontractor to workers upon public works.
(2) Upon request by the commissioner, every contractor or subcontractor performing work on public works shall make available to the commissioner for inspection during normal business hours any payroll or other records in the possession or under the control of the contractor or subcontractor that are deemed necessary by the commissioner to determine whether the prevailing rate of wage is actually being paid by such contractor or subcontractor to workers upon public works. The commissioner’s request must be made a reasonable time in advance of the inspection.
(3) Notwithstanding ORS 192.311 to 192.478, any record obtained or made by the commissioner under this section is not open to inspection by the public.
(4) The commissioner may, without necessity of an assignment, initiate legal proceedings against employers to enjoin future failures to pay required prevailing rates of wage or overtime pay and to require the payment of prevailing rates of wage or overtime pay due employees. The commissioner is entitled to recover, in addition to other costs, such sum as the court or judge may determine reasonable as attorney fees. If the commissioner does not prevail in the action, the commissioner shall pay all costs and disbursements from the Bureau of Labor and Industries Account. [2003 c.794 §170]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.855 - Liability for violations.

(1) A contractor or subcontractor or contractor’s or subcontractor’s surety that violates the provisions of ORS 279C.840 is liable to the workers affected in the amount of the workers’ unpaid minimum wages, including all fringe benefits, and in an additional amount equal to the unpaid wages as liquidated damages.
(2) Actions to enforce liability to workers under subsection (1) of this section may be brought as actions on contractors’ bonds as provided for in ORS 279C.610.
(3) If a public agency fails to provide in the advertisement for bids, the request for bids, the contract specifications, the accepted bid or elsewhere in the contract documents that the contractor and any subcontractor must comply with ORS 279C.840, the liability of the public agency for unpaid minimum wages, as described in subsection (1) of this section, is joint and several with a contractor or subcontractor that had notice of the requirement to comply with ORS 279C.840.
(4) If a public works project is subject to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and a public agency fails to include the state and federal prevailing rates of wage in the specifications for the contract for public works as required under ORS 279C.830 (1)(a), or fails to provide in the contract that workers on the public works must be paid not less than the higher of the applicable state or federal prevailing rate of wage as required under ORS 279C.830 (1)(d), the public agency is liable to each affected worker for:
(a) The worker’s unpaid minimum wages, including fringe benefits, in an amount that equals, for each hour worked, the difference between the applicable higher rate of wage and the lower rate of wage; and
(b) An additional amount, equal to the amount of unpaid minimum wages due under paragraph (a) of this subsection, as liquidated damages.
(5) The Commissioner of the Bureau of Labor and Industries may enforce the provisions of subsections (3) and (4) of this section by a civil action under ORS 279C.850 (4), by a civil action on an assigned wage claim under ORS 652.330, or by an administrative proceeding on an assigned wage claim under ORS 652.332. [2003 c.794 §171; 2007 c.844 §6; 2011 c.265 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.865 - Civil penalties.

(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $5,000 for each violation of any provision of ORS 279C.800 to 279C.870 or any rule the commissioner adopted under ORS 279C.800 to 279C.870.
(2) For purposes of this section, a failure to pay the required prevailing rate of wage and a failure to pay required fringe benefits are separate violations.
(3) Civil penalties under this section must be imposed as provided in ORS 183.745.
(4) All moneys collected as penalties under this section must be applied first toward reimbursing costs incurred in determining violations, conducting hearings and assessing and collecting the penalties. The remainder, if any, of moneys collected as penalties under this section must be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. [2003 c.794 §177; 2017 c.334 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.870 - Civil action to enforce payment of prevailing rates of wage.

(1) The Commissioner of the Bureau of Labor and Industries or any other person may bring a civil action in any court of competent jurisdiction to require a public agency under a public contract with a contractor to withhold twice the wages in dispute if it is shown that the contractor or subcontractor on the contract has intentionally failed or refused to pay the prevailing rate of wage to workers employed on that contract and to require the contractor to pay the prevailing rate of wage and any deficiencies that can be shown to exist because of improper wage payments already made. In addition to other relief, the court may also enjoin the contractor or subcontractor from committing future violations. The contractor or subcontractor involved shall be named as a party in all civil actions brought under this section. In addition to other costs, the court may award the prevailing party reasonable attorney fees at the trial and on appeal. However, attorney fees may not be awarded against the commissioner under this section.
(2) The court shall require any party, other than the commissioner, that brings a civil action under this section to post a bond sufficient to cover the estimated attorney fees and costs to the public agency and to the contractor or subcontractor of any temporary restraining order, preliminary injunction or permanent injunction awarded in the action, in the event that the party bringing the action does not ultimately prevail.
(3) In addition to any other relief, the court in a civil action brought under this section may enjoin the public agency from contracting with the contractor or subcontractor if the court finds that the commissioner would be entitled to place the contractor or subcontractor on the ineligible list established under ORS 279C.860. If the court issues such an injunction, the commissioner shall place the contractor or subcontractor on the list for a period of three years, subject to the provision of ORS 279C.860 (4). [2003 c.794 §176; 2007 c.764 §39; 2009 c.107 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 279C - Public Contracting - Public Improvements and Related Contracts › Section 279C.875 - Criminal liability for intentional failure to pay prevailing wage; rules.

(1) A contractor or subcontractor, or an agent of a contractor or subcontractor, may not intentionally:
(a) Fail to pay an employee of the contractor or subcontractor the prevailing rate of wage as provided in ORS 279C.840;
(b) Reduce the rate of wage that an employee would ordinarily receive for work that is not subject to ORS 279C.800 to 279C.870 in order to recoup wages the contractor, subcontractor or agent paid in accordance with ORS 279C.840;
(c) Withhold, deduct or divert any portion of an employee’s wages except as provided in ORS 652.610 (3);
(d) Enter into an agreement with an employee under the terms of which the employee performs work on a public works project at less than the prevailing rate of wage; or
(e) Otherwise deprive an employee, permanently or indefinitely, of wages due to an employee under ORS 279C.840 in an amount that equals or exceeds 25 percent of wages due to the employee under ORS 279C.840 or $1,000 in a single pay period, whichever is greater.
(2) A violation of subsection (1) of this section is a Class C felony.
(3) In addition to and not in lieu of any action the Commissioner of the Bureau of Labor and Industries may bring under ORS 279C.870, the commissioner may:
(a) Refer a violation of subsection (1) of this section to a district attorney or the Attorney General for prosecution; and
(b) Adopt rules necessary to implement the provisions of this section. [2016 c.115 §4]
Note:
279C.875 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 279C or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 280 - Financing of Local Public Projects and Improvements; City and County Economic Development › Section 280.040 - Definitions for ORS 280.040 to 280.145; use of certain tax revenues.

(1) As used in ORS 280.040 to 280.145:
(a) "Local option tax" means a tax described under section 11 (4) or (7)(c), Article XI of the Oregon Constitution.
(b) "Subdivision" includes only such counties, municipal corporations, quasi-municipal corporations and civil or political corporations or subdivisions as are empowered by law to levy ad valorem property taxes, except that "subdivision" does not include an education service district.
(2) All ad valorem tax revenues that are received by any subdivision as a result of a levy under ORS 280.040 to 280.090 and that are derived from an ad valorem tax levied for purposes other than general operations shall be:
(a) Kept by the treasurer or other financial officer in a fund that is separate and distinct from other funds of the subdivision.
(b) Expended only for the purpose for which the taxes were imposed. [Amended by 1997 c.541 §302; 1999 c.632 §21; 1999 c.1094 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 280 - Financing of Local Public Projects and Improvements; City and County Economic Development › Section 280.050 - Providing funds for financing cost of services, projects, property and equipment.

Funds may be obtained as prescribed in ORS 280.040 to 280.145 for the purpose of financing the cost of any service, project, property or equipment which a subdivision has lawful power to perform, construct or acquire, and of repairs and improvements thereto and of maintenance and replacement thereof. [Amended by 1967 c.203 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 280 - Financing of Local Public Projects and Improvements; City and County Economic Development › Section 280.055 - Obtaining and advancing of funds to county service districts.

Funds may be obtained by a county as prescribed by ORS 280.040 to 280.145 for the purpose of advancing funds to a district established under ORS 451.410 to 451.610 to finance the cost of any service facility which the district is authorized to construct, maintain and operate. [1969 c.646 §17]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 280 - Financing of Local Public Projects and Improvements; City and County Economic Development › Section 280.057 - Local option taxes for community colleges; maximum amount.

A local option tax levied by a community college district or community college service district may not exceed the amount of reduction in ad valorem property taxes caused under ORS 310.200 to 310.242. [1997 c.541 §308b]
Note:
280.057 was added to and made a part of 280.040 to 280.145 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 280 - Financing of Local Public Projects and Improvements; City and County Economic Development › Section 280.064 - Period for use of revenues raised by local option tax.

Subject to ORS 294.305 to 294.565 and the applicable provisions of a charter, ordinance or resolution of a subdivision, a subdivision may use revenues raised by a local option tax beyond the period of years during which the subdivision is authorized to levy the local option tax if the revenue is used for the purpose authorized by the electors. [2003 c.195 §6]
Note:
280.064 was added to and made a part of 280.040 to 280.145 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.