Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 25 - PREVAILING WAGE RATES ON PUBLIC WORKS › Section 839-025-0230 - Fees for Contracts with Other Special Circumstances

Current through Register Vol. 63, No. 7, July 1, 2024
(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 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