ORS 279C.800
Definitions for ORS 279C.800 to 279C.870


As used in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage):

(1)

“Fringe benefits” means:

(a)

Contributions that a contractor or subcontractor makes irrevocably to a trustee or to a third person under a plan, fund or program; and

(b)

Costs that a contractor or subcontractor may reasonably be anticipated to incur in providing the following items, except for items that federal, state or local law requires the contractor or subcontractor to provide:

(A)

Benefits to workers pursuant to an enforceable written commitment to the workers to carry out a financially responsible plan or program for:
(i)
Medical or hospital care;
(ii)
Pensions on retirement or death; or
(iii)
Compensation for injuries or illness that result from occupational activity;

(B)

Insurance to provide the benefits described in subparagraph (A) of this paragraph;

(C)

Unemployment benefits;

(D)

Life insurance;

(E)

Disability and sickness insurance or accident insurance;

(F)

Vacation and holiday pay;

(G)

Costs of apprenticeship or other similar programs; or

(H)

Other bona fide fringe benefits.

(2)

“Housing” has the meaning given that term in ORS 456.055 (Definitions for ORS 456.055 to 456.235).

(3)

“Locality” means the following district in which the public works, or the major portion of the public works, is to be performed:

(a)

District 1, composed of Clatsop, Columbia and Tillamook Counties;

(b)

District 2, composed of Clackamas, Multnomah and Washington Counties;

(c)

District 3, composed of Marion, Polk and Yamhill Counties;

(d)

District 4, composed of Benton, Lincoln and Linn Counties;

(e)

District 5, composed of Lane County;

(f)

District 6, composed of Douglas County;

(g)

District 7, composed of Coos and Curry Counties;

(h)

District 8, composed of Jackson and Josephine Counties;

(i)

District 9, composed of Hood River, Sherman and Wasco Counties;

(j)

District 10, composed of Crook, Deschutes and Jefferson Counties;

(k)

District 11, composed of Klamath and Lake Counties;

(L)

District 12, composed of Gilliam, Grant, Morrow, Umatilla and Wheeler Counties;

(m)

District 13, composed of Baker, Union and Wallowa Counties; and

(n)

District 14, composed of Harney and Malheur Counties.

(4)

“Prevailing rate of wage” means the rate of wage, including all fringe benefits, that the Commissioner of the Bureau of Labor and Industries determines in accordance with ORS 279C.815 (Determination of prevailing wage).

(5)

“Public agency” means the State of Oregon or a political subdivision of the State of Oregon, or a county, city, district, authority, public corporation or public entity organized and existing under law or charter or an instrumentality of the county, city, district, authority, public corporation or public entity.

(6)

Intentionally left blank —Ed.

(a)

“Public works” includes, but is not limited to:

(A)

Roads, highways, buildings, structures and improvements of all types, the construction, reconstruction, major renovation or painting of which is carried on or contracted for by any public agency to serve the public interest;

(B)

A project that uses $750,000 or more of funds of a public agency for constructing, reconstructing, painting or performing a major renovation on a road, highway, building, structure or improvement of any type;

(C)

A project that uses funds of a private entity for constructing a privately owned road, highway, building, structure or improvement of any type in which a public agency will use or occupy 25 percent or more of the square footage of the completed project;

(D)

Notwithstanding the provisions of ORS 279C.810 (Exemptions) (2)(a), (b) and (c), a device, structure or mechanism, or a combination of devices, structures or mechanisms, that:
(i)
Uses solar radiation as a source for generating heat, cooling or electrical energy; and
(ii)
Is constructed or installed, with or without using funds of a public agency, on land, premises, structures or buildings that a public body, as defined in ORS 174.109 (“Public body” defined), owns; or

(E)

Notwithstanding paragraph (b)(A) of this subsection and ORS 279C.810 (Exemptions) (2)(b) and (c), construction, reconstruction, painting or major renovation of a road, highway, building, structure or improvement of any type that occurs, with or without using funds of a public agency, on real property that a public university listed in ORS 352.002 (Public universities) owns.

(b)

“Public works” does not include:

(A)

Reconstructing or renovating privately owned property that a public agency leases; or

(B)

A private nonprofit entity’s renovation of publicly owned real property that is more than 75 years old if:
(i)
The real property is leased to the private nonprofit entity for more than 25 years;
(ii)
Funds of a public agency used in the renovation do not exceed 15 percent of the total cost of the renovation; and
(iii)
Contracts for the renovation were advertised or, if not advertised, were entered into before July 1, 2003, but the renovation has not been completed on or before July 13, 2007. [2003 c.794 §165; 2007 c.764 §34; 2010 c.45 §1; 2013 c.203 §1; 2015 c.482 §1; 2015 c.767 §81; 2021 c.104 §1]

Source: Section 279C.800 — Definitions for ORS 279C.800 to 279C.870, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279C.­html.

Notes of Decisions

Under former similar statute (ORS 279.348)

Where public agency sells property to private party for development consistent with agency objectives, but agency is not party to construction contract and makes no subsequent use of property, construction is not public work “contracted for” by public agency. Portland Development Commission v. Bureau of Labor and Industries, 216 Or App 72, 171 P3d 1012 (2007); State of Oregon v. City of Salem, 231 Or App 127, 219 P3d 32 (2009)

Where one building is public work, separately owned building that is designed to complement that public work and that shares certain components with that public work is not necessarily public work. State of Oregon v. City of Salem, 231 Or App 127, 219 P3d 32 (2009)

Attorney General Opinions

Under former similar statute (ORS 279.348)

Employer contribution to industry advancement fund as fringe benefit under this section, (1980) Vol 41, p 162

279C.005
Definitions
279C.010
Applicability
279C.100
Definitions for ORS 279C.100 to 279C.125
279C.105
Contracts for architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services
279C.107
Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services
279C.110
Selection procedures for consultants to provide services
279C.115
Direct contracts for services of consultants
279C.120
Selection procedure for related services
279C.125
Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency
279C.300
Policy on competition
279C.305
Least-cost policy for public improvements
279C.306
Administrative enforcement of least-cost policy for public improvements
279C.307
Limitations in procurement of personal services
279C.308
Community benefit contract
279C.310
Limitation on contracting agency constructing public improvement
279C.315
Waiver of damages for unreasonable delay by contracting agency against public policy
279C.320
Contracts for construction other than public improvements
279C.325
Limitation on contracting agency awarding contract to nonresident education service district
279C.330
“Findings” defined
279C.332
Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380
279C.335
Competitive bidding requirement
279C.337
Procurement of constructions manager/general contractor services
279C.340
Contract negotiations
279C.345
Specifications for contracts
279C.350
Exemption procedure
279C.355
Evaluation of public improvement projects not contracted by competitive bidding
279C.360
Requirement for public improvement advertisements
279C.365
Requirements for solicitation documents and bids and proposals
279C.370
First-tier subcontractor disclosure
279C.375
Award and execution of contract
279C.380
Performance bond
279C.385
Return or retention of bid security
279C.390
Exemption of contracts from bid security and bonds
279C.395
Rejection of bids
279C.400
Competitive proposals
279C.405
Requests for information, interest or qualifications
279C.410
Receipt of proposals
279C.412
Competitive quotes for intermediate procurements
279C.414
Requirements for competitive quotes
279C.430
Prequalification of bidders
279C.435
Effect of prequalification by Department of Transportation or Oregon Department of Administrative Services
279C.440
Disqualification from consideration for award of contracts
279C.445
Appeal of disqualification
279C.450
Appeal procedure for decision to deny, revoke or revise prequalification
279C.460
Action by or on behalf of adversely affected bidder or proposer
279C.465
Action against successful bidder
279C.470
Compensation for contractor on contract declared void by court
279C.500
“Person” defined
279C.505
Conditions concerning payment, contributions, liens, withholding, drug testing
279C.510
Demolition contracts to require material salvage
279C.515
Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints
279C.520
Condition concerning hours of labor
279C.525
Provisions concerning environmental and natural resources laws
279C.527
Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract
279C.528
State Department of Energy requirements and specifications
279C.530
Condition concerning payment for medical care and providing workers’ compensation
279C.533
Condition concerning employment of apprentices to perform percentage of work hours that workers in apprenticeable occupations perform on public improvements
279C.534
Advisory committee for monitoring implementation of apprenticeship condition in public improvement contracts
279C.535
Condition concerning steel material
279C.537
Condition concerning use of diesel engines in motor vehicles used in performing certain public improvement contracts
279C.540
Maximum hours of labor on public contracts
279C.545
Time limitation on claim for overtime
279C.550
“Retainage” defined
279C.555
Withholding of retainage
279C.560
Form of retainage
279C.565
Limitation on retainage requirements
279C.570
Prompt payment policy
279C.580
Contractor’s relations with subcontractors
279C.585
Authority to substitute undisclosed first-tier subcontractor
279C.590
Complaint process for substitutions of subcontractors
279C.600
Right of action on payment bond or public works bond of contractor or subcontractor
279C.605
Notice of claim
279C.610
Action on contractor’s public works bond or payment bond
279C.615
Preference for labor and material liens
279C.620
Rights of person providing medical care to employees of contractor
279C.625
Joint liability when payment bond not executed
279C.650
“Labor dispute” defined
279C.655
Extension and compensation when work suspended
279C.660
Compensation when contract terminated due to public interest
279C.665
Contractual provisions for compensation when contract terminated due to public interest
279C.670
Application of ORS 279C.650 to 279C.670
279C.800
Definitions for ORS 279C.800 to 279C.870
279C.805
Policy
279C.807
Workforce diversity for public works projects
279C.808
Rules
279C.810
Exemptions
279C.815
Determination of prevailing wage
279C.817
Determination of applicability of prevailing wage rate
279C.820
Advisory committee to assist commissioner
279C.825
Fees
279C.827
Division of public works project
279C.829
Agreement with other state to pay less than prevailing rate of wage
279C.830
Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts
279C.835
Notifying commissioner of public works contract subject to prevailing wage
279C.836
Public works bond
279C.838
Applicability of state and federal rates of wage
279C.840
Payment of prevailing rate of wage
279C.845
Certified statements regarding payment of prevailing rates of wage
279C.850
Inspection to determine whether prevailing rate of wage being paid
279C.855
Liability for violations
279C.860
Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage
279C.865
Civil penalties
279C.870
Civil action to enforce payment of prevailing rates of wage
279C.875
Criminal liability for intentional failure to pay prevailing wage
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