OAR 839-025-0200: Public Works Fee

(1)(a) A public agency must pay a fee to the Bureau for every contract awarded to a contractor for a public work that is regulated under ORS 279C.800 to 279C.870. (b) When a project is a public works project described in 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 pay the fee to the Bureau in accordance with this rule. The public agency remains liable for the failure to pay the fee in accordance with this rule. (2) The amount of the fee is one tenth of one percent (.001) of the contract price. However, the fee must be no less than $250 nor more than $12,500 regardless of the contract price. (3) The public agency must pay the fee at the time the notice described in OAR 839-025-0013 is provided to the Bureau. (4) In order to assist public agencies in the proper calculation of the fee, the bureau has prepared a form for this purpose. The form, WH-39, is available, on request, from the Bureau. (5) As used in this rule, "contract price" means the dollar amount of the contract on the date it was awarded to the contractor and the dollar amount of any subsequent change orders or other adjustments. [ED. NOTE: Forms referenced are available from the Bureau.]