OAR 839-025-0013: Notice of Public Works Form

(1) The notification form required by ORS 279C.835 is the Notice of Public Works form, WH-81. (2)(a) Except as otherwise provided in this rule, a public agency must file the Notice of Public Works form, WH-81, with the Bureau within 30 days of the date a public works contract is awarded. (b) When a project is a public works project pursuant to ORS 279C.800(6)(a) and no public agency awards a contract to a contractor for the project, the public agency may require an awardee or other third party to provide the notice to the Bureau in accordance with this rule. The public agency remains liable for the failure to provide the notice within the timelines specified in sections (4) to (8) of this rule. (3) The Notice of Public Works form, WH-81, must be accompanied by: (a) Payment of the fee required pursuant to ORS 279C.825; and (b) A copy of the disclosure of first-tier subcontractors submitted to the public agency by the contractor if required pursuant to ORS 279C.370 and if a public agency awards a contract to a contractor for a public works project. (4) When a project is a public works project pursuant to ORS 279C.800(6)(a)(B) and no public agency awards a contract to a contractor for the project, the Notice of Public Works form shall be filed by the public agency providing public funds for the project within 30 days of the date the public agency commits to the provision of funds for the project. (5) When a project is a public works project pursuant to ORS 279C.800(6)(a)(C) and no public agency awards a contract to a contractor for the project, the Notice of Public Works form shall be filed by the public agency within 30 days of the date the agency enters into an agreement to occupy or use the completed project. (6) When a project is a public works project pursuant to ORS 279C.800(6)(a)(D) and no public agency awards a contract to a contractor for the project, the Notice of Public Works form shall be filed by 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 within 30 days of the date the public agency enters into an agreement authorizing the construction or installation of the solar radiation device. (7) When a project is a public works project pursuant to ORS 279C.800(6)(a)(E) and no public agency awards a contract to a contractor for the project, the Notice of Public Works form shall be filed by the public university listed in ORS 352.002 that owns the real property on which the work takes place, within 30 days of the date the public agency enters into an agreement authorizing the project. (8) If a project is a public works of the type described in ORS 279C.800(6)(a)(F) and no public agency awards a contract to a contractor for the project, the Notice of Public Works form shall be filed by the public agency or agencies providing public funds for the project or by the public agency that owns the real property on which the demolition or removal of hazardous waste takes place. The form shall be filed within 30 days of the date the public agency commits to the provision of funds for the project or authorizes demolition or hazardous waste removal work to be performed. (9) Public agencies are not required to file a Notice of Public Works form when the contract awarded is not regulated under the provisions of ORS 279C.800 to 279C.870. [ED. NOTE: Forms and Publications referenced in these rules are available from the Bureau.]