(b) If a public agency under paragraph (a) of this subsection must state the state and federal prevailing rates of wage in the specifications, the public agency shall also require the contractor to pay the higher of the applicable state or federal prevailing rate of wage to all workers on the public works.
(c) Every contract and subcontract must provide that the workers must be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838 and 279C.840.
(d) If a public works project is subject both to ORS 279C.800 to 279C.870 and to the Davis-Bacon Act, every contract and subcontract must provide that workers on the public works must be paid not less than the higher of the applicable state or federal prevailing rate of wage.
(e) A public works project described in ORS 279C.800 (6)(a)(B) or (C) is subject to the existing state prevailing rate of wage or, if applicable, the federal prevailing rate of wage required under the Davis-Bacon Act that is in effect at the time a public agency enters into an agreement with a private entity for the project. After that time, the specifications for a contract for the public works must state the applicable prevailing rate of wage.
(2)(a) The specifications for a contract for public works must provide that the contractor and every subcontractor must have a public works bond filed with the Construction Contractors Board before starting work on the project, unless the contractor or subcontractor is exempt under ORS 279C.836 (4), (7), (8) or (9).
(b) Every contract that a contracting agency awards must require the contractor to:
(A) Have a public works bond filed with the Construction Contractors Board before starting work on the project, unless the contractor is exempt under ORS 279C.836 (4), (7), (8) or (9).
(B) Require, in every subcontract, that the subcontractor have a public works bond filed with the Construction Contractors Board before starting work on the project, unless the subcontractor is exempt under ORS 279C.836 (4), (7), (8) or (9).
(c) Every subcontract that a contractor or subcontractor awards in connection with a public works contract between a contractor and a public agency must require any subcontractor to have a public works bond filed with the Construction Contractors Board before starting work on the public works project, unless the subcontractor is exempt under ORS 279C.836 (4), (7), (8) or (9). [2003 c.794 §168; 2005 c.360 §10; 2007 c.415 §2; 2007 c.764 §37; 2007 c.844 §4; 2009 c.161 §2; 2011 c.265 §2; 2017 c.334 §2]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 279C - Public Contracting - Public Improvements and Related Contracts
Section 279C.100 - Definitions for ORS 279C.100 to 279C.125.
Section 279C.115 - Direct contracts for services of consultants.
Section 279C.120 - Selection procedure for related services.
Section 279C.320 - Contracts for construction other than public improvements.
Section 279C.330 - "Findings" defined.
Section 279C.332 - Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380.
Section 279C.335 - Competitive bidding requirement; exceptions; exemptions.
Section 279C.337 - Procurement of constructions manager/general contractor services.
Section 279C.345 - Specifications for contracts; exemptions.
Section 279C.350 - Exemption procedure; appeal.
Section 279C.355 - Evaluation of public improvement projects not contracted by competitive bidding.
Section 279C.360 - Requirement for public improvement advertisements.
Section 279C.365 - Requirements for solicitation documents and bids and proposals.
Section 279C.370 - First-tier subcontractor disclosure.
Section 279C.380 - Performance bond; payment bond; waiver of bonds.
Section 279C.385 - Return or retention of bid security.
Section 279C.390 - Exemption of contracts from bid security and bonds.
Section 279C.400 - Competitive proposals; procedure.
Section 279C.410 - Receipt of proposals; evaluation and award.
Section 279C.412 - Competitive quotes for intermediate procurements.
Section 279C.414 - Requirements for competitive quotes.
Section 279C.430 - Prequalification of bidders; rules.
Section 279C.440 - Disqualification from consideration for award of contracts.
Section 279C.445 - Appeal of disqualification.
Section 279C.505 - Conditions concerning payment, contributions, liens, withholding, drug testing.
Section 279C.525 - Provisions concerning environmental and natural resources laws; remedies.
Section 279C.545 - Time limitation on claim for overtime; posting of circular by contractor.
Section 279C.560 - Form of retainage; procedures for holding and payment.
Section 279C.580 - Contractor’s relations with subcontractors.
Section 279C.590 - Complaint process for substitutions of subcontractors; civil penalties.
Section 279C.605 - Notice of claim.
Section 279C.610 - Action on contractor’s public works bond or payment bond; time limitation.
Section 279C.625 - Joint liability when payment bond not executed.
Section 279C.660 - Compensation when contract terminated due to public interest.
Section 279C.800 - Definitions for ORS 279C.800 to 279C.870.
Section 279C.807 - Workforce diversity for public works projects.
Section 279C.810 - Exemptions; rules.
Section 279C.820 - Advisory committee to assist commissioner.
Section 279C.825 - Fees; rules.
Section 279C.836 - Public works bond; rules.
Section 279C.845 - Certified statements regarding payment of prevailing rates of wage; retainage.
Section 279C.855 - Liability for violations.
Section 279C.865 - Civil penalties.
Section 279C.870 - Civil action to enforce payment of prevailing rates of wage.
Section 279C.875 - Criminal liability for intentional failure to pay prevailing wage; rules.