Or. Admin. R. 839-025-0038 - Use of Multiple Wage Rate Determinations on Projects

(1) The Bureau may authorize the use of multiple wage rate determinations on projects comprised of more than one construction type. For example, on a project consisting of the construction of both residential units and commercial space, the Bureau may authorize residential wage rates to be paid for work performed in connection with the construction of the residential units pursuant to OAR 839-025-0037 and non-residential prevailing wage rates to be paid for work performed in connection with the construction of the commercial space.

(2) A public agency, developer or prime contractor may request authorization to use multiple wage determinations on a project. Requests for authorization to use multiple wage determinations on a project must be in writing and describe all relevant details of the project or proposed project.

(3) The requester will be advised if the Bureau determines that multiple wage rate determinations are appropriate and may be used on a project.

(4) If the Bureau determines that multiple wage rate determinations may be used on a project, continued authorization to use the multiple wage rate determinations shall be contingent upon compliance with the following requirements:

(a) The project/contract specifications must clearly delineate the portions of the project subject to each applicable wage rate determination;

(b) All applicable wage rate determinations must be posted at the site of work pursuant to the provisions of OAR 839-025-0033, with an explanation of the portions of the project to which each wage rate determination applies;

(c) The developer or prime contractor must establish adequate controls to ensure that all workers on the project are paid in accordance with the applicable wage rates; and

(d) Each and every contractor employing workers on the project must prepare, submit and maintain accurate time and payroll records to demonstrate compliance with all wage rate determinations applicable to the project.

Notes

Or. Admin. R. 839-025-0038

BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 6-2017, minor correction filed 12/01/2017, effective 12/01/2017; BLI 9-2018, renumbered from 839-025-0315, filed 03/23/2018, effective 3/23/2018; BLI 1-2024, amend filed 01/04/2024, effective 1/4/2024

Statutory/Other Authority: ORS 279C.808 & ORS 651.060

Statutes/Other Implemented: ORS 279C.817