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(c) For purposes of this rule, the CM/GC contract enters the construction phase when the agency first authorizes the
performance of early construction, reconstruction, major renovation or painting work directly related to the
improvement project.
(d) The publication entitled Definitions of Covered Occupations for Public Works Contracts in Oregon and the
prevailing wage rate in effect at the time the CM/GC contract becomes a public works contract shall apply and the
applicable prevailing wage rates must be included with the construction specifications for the CM/GC contract.
(9) A public works project described in ORS 279C.800(6)(a)(B), (C), (D), or (E) that is not a CM/GC contract
subject to section (8) of this rule, and for which no public agency awards a contract to a contractor for the project, is
subject to the publication entitled Definitions of Covered Occupations for Public Works Contracts in Oregon and
the existing state prevailing rate of wage or, if applicable, the federal prevailing rate of wage required under the
Davis-Bacon Act that are in effect at the time a public agency enters into an agreement with a private entity for the
project. (Note: The effective date of the applicable federal prevailing rate of wage may be different under federal
law.) After that time, the specifications for any contract for the public works shall include the applicable prevailing
rate of wage.
(10) If a project is a public works of the type described in ORS 279C.800(6)(a)(B), (C), (D), or (E), and no public
agency awards a contract to a contractor for the project, a public agency will be deemed to have complied with the
provisions of ORS 279C.830 if the public agency requires compliance with the provisions of section (7) of this rule
in any agreement entered into by the public agency committing to provide funds for the project, to occupy or use
the completed project, or authorizing the construction or installation of a solar radiation device.
(11) Public agencies may obtain, without cost, a copy of the existing state prevailing rate of wages for use in
preparing the contract specifications by contacting the Prevailing Wage Rate Unit or any office of the bureau.
Statutory/Other Authority: ORS 651.060(4) & ORS 279C.808
Statutes/Other Implemented: OL Ch. 334 (2017) & ORS 279C.800-.870
History: BLI 4-2018, amend filed 02/22/2018, effective 02/22/2018; BLI 2-2016, f. & cert. ef. 3-31-16; BLI 9-
2013, f. 12-18-13, cert. ef. 1-1-14; BLI 9-2011, f. 10-27-11, cert. ef. 11-1-11; BLI 6-2011(Temp), f. & cert. ef. 7-
22-11 thru 12-4-11; BLI 3-2011(Temp), f. & cert. ef. 6-8-11 thru 12-4-11; BLI 23-2010, f. 12-30-10, cert. ef. 1-1-
11; BLI 28-2009, f. 12-1-09, cert. ef. 1-1-10; BLI 18-2009(Temp), f. 8-3-09, cert. ef. 8-5-09 thru 1-31-10; BLI 42-
2007, f. 12-28-07, cert. ef. 1-1-08; BLI 20-2007(Temp), f. 7-30-07, cert. ef. 8-1-07 thru 1-27-08; BLI 2-2007, f. &
cert. ef. 1-23-07; BLI 39-2006, f. 11-8-06, cert. ef. 11-10-06; BLI 19-2006(Temp), f. 5-12-06, cert. ef. 5-15-06 thru
11-10-06; BLI 29-2005, f. 12-29-05, cert. ef. 1-1-06; Renumbered from 839-016-0020, BLI 7-2005, f. 2-25-05,
cert. ef. 3-1-05; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; BL 1-1998, f. & cert. ef. 1-5-98; BL 3-1997(Temp), f. 7-
31-97, cert. ef. 8-1-97; BL 3-1996, f. & cert. ef. 1-26-96; BL 5-1990, f. 3-30-90, cert. ef. 4-1-90; BL 7-1989(Temp),
f. 10-2-89, cert. ef. 10-3-89; BL 14-1982, f. 10-19-82, ef. 10-20-82
839-025-0025
Required Records
(1) All contractors and subcontractors performing work on public works contracts subject to ORS 279C.800 to
279C.870 shall make and maintain for a period of three (3) years from the completion of work upon such public
works records necessary to determine whether the prevailing rate of wage and overtime has been or is being paid to
workers upon public works.
(2) In addition to the Payroll and Certified Statement, Form WH-38, records necessary to determine whether the
prevailing wage rate and overtime wages have been or are being
paid include but are not limited to records of:
(a) The name and address of each employee;
(b) The work classification or classifications of each employee;
(c) The rate or rates of monetary wages and fringe benefits paid to each employee;
(d) The rate or rates of fringe benefit payments made in lieu of those required to be provided to each employee;
(e) Total daily and weekly compensation paid to each employee;
(f) The daily and weekly hours worked by each employee;
(g) The written notice to employees who work on a public contract of the days per week and number of hours per
day they may be required to work.
(h) Apprenticeship and Training Agreements;
(i) Any deductions, rebates or refunds taken from each employee's total compensation and actual wages paid;
(j) Any payroll and other such records pertaining to the employment of employees upon a public work.
(3) When apprentices and/or trainees are employed on a public works project, the records must clearly distinguish
them from other employees.
(4) When a contractor or subcontractor employs a worker on public works projects and non public works projects
during the same work week and the worker is paid a rate of pay which is less than the prevailing wage rate when
working on a non public works project, the contractor or subcontractor must separately record the hours worked on
the public works projects and those hours worked elsewhere.