OAR 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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage), 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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage), 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 (Definitions for ORS 279C.800 to 279C.870)(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 (Fees for Contract Without Specific Award Amounts).

(5)

When a project is a public works project pursuant to ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)(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 (Fees for Contract Without Specific Award Amounts).

(6)

When a project is a public works project pursuant to ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)(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 (Fees for Contract Without Specific Award Amounts).

(7)

When a project is a public works project pursuant to ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)(6)(a)(E) and no public agency awards a contract to a contractor for the project, the public university listed in ORS 352.002 (Public universities) that owns the land, premise(s), structure(s), or building(s) on which the construction, reconstruction, major renovation 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 (Fees for Contract Without Specific Award Amounts).

(8)

When more than one public agency is required to pay a fee pursuant to section (4) or (5) of 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.

Source: Rule 839-025-0230 — Fees for Contracts with Other Special Circumstances, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-025-0230.

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 839-025-0230’s source at or​.us