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~i~ F ~ ~ <br />BRAD AVAKIAN '1"C ' . . ~ z DOUG MCKEAN <br />COMMISSIONER \~•`•~'% Deputy Commissioner <br />~?a/ <br />BUREAU OF LABOR AND INDUSTRIES <br />January 1, 2009 <br />In January and July of each year, the Bureau of Labor and Industries publishes the prevailing wage rates that <br />are required to be paid to workers on non-residential public works projects in the state of Oregon. Quarterly <br />updates are published in April and October. (NOTE: Different rates apply to residential projects. Contact <br />BOLI for more information.) <br />Unless specifically exempted by state law, prevailing wage rates are the minimum wages that must be paid to <br />all workers employed on all public works. These rates are determined using data collected from an annual <br />statewide construction industry wage survey of occupations and crafts performing commercial building and <br />heavy and highway construction in 14 geographic regions of the state. <br />A separate publication, entitled ."Definitions of Covered Occupations for Public Works Contracts in <br />Oregon," provides occupational definitions used to classify the duties performed on public works projects. <br />Another publication, entitled "PREVAILNG WAGE RATES for Public Works Contracts in Oregon subject to <br />BOTH the state PWR and federal Davis-Bacon Act, "provides the applicable rates to be paid to workers on <br />projects subject to both the state Prevailing Wage Rate law and federal Davis-Bacon Act. These publications <br />are available upon request and are also available electronically at www.ore~on. ov/boli. <br />ORS 279C.830 requires that the applicable wage rates be incorporated into all bid specifications for public <br />works contracts subject to the PWR law. A statement incorporating the applicable prevailing wage rate <br />publication and any amendments thereto or Davis-Bacon wage rate determination into the specifications by <br />reference will satisfy these requirements. Such reference must include the title of the .applicable wage rates <br />publication or determination and the date of the publication or determination as well as the date of any <br />applicable amendments. A provision that prevailing wage rates must be paid must also appear in the contract. <br />Generally, the rates in effect at the time the bid specifications are first advertised are those that apply for the <br />duration of the project. There are some exceptions to this rule: If during the bidding process, the prevailing <br />wage rates change, the public agency has the option of amending the bid specifications to reflect such <br />changes. If a Construction Manager/General Contractor (CM/GC) is used on the project, the rates in effect at <br />the time the CM/GC contract becomes a public works contract are the applicable rates to be used for the <br />duration of the project. (See OAR 839-025-0020(6) for more information.) Note that the applicable rates <br />for purposes of compliance with the federal Davis-Bacon Act maybe different than the applicable <br />rates for purposes of compliance with Oregon's prevailing wage rate laws. The effective federal <br />rates will be those as determined under 29 CFR 1.6. <br />If you identify any errors in the rates published, or if you have any questions regarding application of the <br />state PWR law or the applicable rates to be paid on any project, contact the bureau's Prevailing Wage <br />Coordinator in Portland at (971) 673-0839. <br /> <br />Brad Avakian <br />Commissioner <br />Bureau of Labor and Industries <br />800 NE Oregon St., Suite 1045 Portland OR 97232-2180 Telephone (971) 673-0761 TDD (971) 673-0766. . <br />