OAR 839-025-0015
Public Works Bonds Requirements

(1)

Pursuant to ORS 279C.836 (Public works bond), except as provided, before starting work on a contract or subcontract for a public works project of $100,000 or more, a contractor or subcontractor must file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000. For purposes of this section, “project of $100,000 or more” includes, but is not limited to, the combined value of work performed by every person paid by a contractor or subcontractor in any manner for the person’s work on the project, but does not include the value of donated materials or work performed on the project by individuals volunteering to the public agency without pay.

(2)

The Commissioner of the Bureau of Labor and Industries adopts the language in the Statutory Public Works Bond set forth in Appendix 5.

(3)

The name of the entity as it appears on the public works bond must be the same as the entity name filed at the Oregon Corporation Division (if applicable).

(a)

If the entity is a sole proprietorship, the bond must include the name of the sole proprietor;

(b)

If the entity is a partnership, or joint venture, the bond must include the names of all partners or venturers (except limited partners);

(c)

If the entity is a limited liability partnership, the bond must be issued in the name of all partners and in the name of the limited liability partnership;

(d)

If the entity is a limited partnership, the bond must be issued in the name of all general partners and in the name of the limited partnership and any other business name(s) used. Limited partners do not need to be listed on the bond;

(e)

If the entity is a corporation or trust, the bond must be issued showing the corporate or trust name; or

(f)

If the entity is a limited liability company, the bond must be issued in the name of the limited liability company.

(4)

If at any time an entity changes or amends its entity name, the Construction Contractors Board must be notified within 30 days of the date of the change.

(5)

If an entity is a sole proprietorship, partnership, limited liability partnership, limited partnership, joint venture, corporation, limited liability company, business trust or any other entity, and changes the entity to one of the other entity types, the new entity must supply a new bond.

(6)

If a disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or emerging small business certified under ORS 200.055 (Certification as disadvantaged business enterprise, minority-owned business, woman-owned business, business that service-disabled veteran owns or emerging small business) is found to have violated a provision of ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) or an administrative rule adopted under ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage), the enterprise or business must file a public works bond in accordance with section (1) of this rule.

(7)

Riders to existing bonds changing the type of entity bonded will be construed as a cancellation of the bond and will not be otherwise accepted.

(8)

The inclusion or exclusion of business name(s) on a bond shall not limit the liability of an entity. Claims against a bonded entity will be processed regardless of business names used by such entity.
[ED. NOTE: Appendices referenced are available from the Wage and Hour Division of the Bureau of Labor and Industries.]

Source: Rule 839-025-0015 — Public Works Bonds Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-025-0015.

839–025–0000
Notice of Proposed Rules 839–025–0003
Forms 839–025–0004
Definitions Generally 839–025–0005
Purpose and Procedure for Determination Requests 839–025–0006
Purpose and Procedure for Addition of Trade 839–025–0007
Purpose and Procedure for Special Wage Determination 839–025–0008
List of Planned Public Improvements and Cost Analysis 839–025–0010
Payroll and Certified Statement Requirements 839–025–0013
Notice of Public Works Form 839–025–0015
Public Works Bonds Requirements 839–025–0020
Public Works Contracts and Contract Specifications 839–025–0025
Required Records 839–025–0030
Records Availability 839–025–0033
Posting Requirements 839–025–0034
Establishing a Work Schedule 839–025–0035
Payment of Prevailing Rate of Wage 839–025–0037
Residential Construction Projects 839–025–0038
Use of Multiple Wage Rate Determinations on Projects 839–025–0040
Payment of Fringe Benefits 839–025–0043
Frequency of Payment of Fringe Benefits 839–025–0045
Youth Apprentices 839–025–0050
Overtime Wages Computations 839–025–0054
Exemption from Overtime Pay Requirements on Public Improvement Projects 839–025–0060
Apprentices Working upon Public Works Projects 839–025–0065
Trainees Working upon Public Works Projects 839–025–0080
Liability to Workers 839–025–0085
Contract Ineligibility 839–025–0090
List of Ineligibles 839–025–0095
Removal of Names from List of Ineligibles 839–025–0100
Exemptions from ORS 279C.800 to 279C.870 839–025–0150
Definitions Related to Installation of Art on Public Works 839–025–0155
Payment of Prevailing Rate of Wage for the Installation of Art on Public Works Projects 839–025–0200
Fees to Be Paid by Public Agency 839–025–0210
Adjustment of Fees Paid by Public Agency 839–025–0220
Fees for Contract Without Specific Award Amounts 839–025–0230
Fees for Contracts with Other Special Circumstances 839–025–0300
Actions that Circumvent Payment of Prevailing Wages Prohibited 839–025–0310
Division of Projects 839–025–0320
Payment of Prevailing Wage by Persons Other than Contractors or Subcontractors Prohibited 839–025–0330
Wage Averaging Prohibited 839–025–0340
Circumventions of the Prevailing Wage Rate Law 839–025–0500
Definitions Related to Civil Penalties for Violations of Prevailing Wage Rates on Public Works Matters 839–025–0510
Violations Separate and Distinct 839–025–0520
Criteria to Determine Civil Penalty 839–025–0530
Violations for Which a Civil Penalty May Be Assessed 839–025–0540
Schedule of Civil Penalties 839–025–0700
Prevailing Wage Rate Determination/Amendments to Determination 839–025–0750
Residential Prevailing Wage Rate Determinations
Last Updated

Jun. 8, 2021

Rule 839-025-0015’s source at or​.us