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(a) A Public Contract is one for which a payment bond is required under as <br />provided for in ORS 279C.380 and 279C.400; and <br />(b) The contractor fails to pay for labor or materials or to pay claims due the <br />Industrial Accident Fund, the Unemployment Compensation Trust Fund or <br />the Department of Revenue; and <br />(c) The officers of the city who authorized the contract fail or neglect to require <br />the Person entering into the contract to execute the payment bond. <br />15.1 .4 PWB. <br />UBLICORKSONDS <br />15.1 .4 .1 General. <br /> Before starting work on a contract or subcontract first advertised or <br />solicited on or after January 1, 2006, for a Public Works project, a contractor or <br />subcontractor, unless exempt under ORS 279C.800 to 279C.870, shall file with <br />the Construction Contractors Board a Public Works bond with a corporate <br />surety authorized to do business in this state in the amount of $30,000. The <br />bond must provide that the contractor or subcontractor will pay claims ordered <br />by the Bureau of Labor and Industries to workers performing labor under Public <br />Works projects. Before permitting a subcontractor to start work on a Public <br />Works project, the contractor shall verify the subcontractor has also filed a <br />Public Works bond with the Construction Contractors Board. <br />15.1 .4 .2 Statement Certifying Public Works Bond Filed. <br /> Before starting work on a <br />contract for a Public Works project, the contractor shall provide the city with a <br />written statement certifying contractor and any subcontractor have filed a Public <br />Works bond as required in subsection 15.1.4.1. <br />15.1 .4 .3 Emergencies. <br /> In cases of emergency, or when the city interest or property <br />probably would suffer material injury by delay or other cause, the requirement <br />for filing the Public Works bond may be excused, if a declaration of the <br />emergency is made in accordance with these regulations. <br />15.1 .4 .4 Disadvantaged, Minority, Women or Emerging Small Business Enterprise. <br />A disadvantaged, minority, women or emerging small business enterprise <br />certified under ORS 200.055 may, for up to four (4) years after certification, <br />elect not to file a Public Works bond. A business enterprise that elects not to <br />file a Public Works bond shall provide the Construction Contractors Board with <br />written verification of its certification and written notice that it elects not to file <br />the bond. Before starting work on the Public Works project, the business <br />enterprise shall also provide the city with written notice of its election not to file <br />the bond. <br />15.1 .4 .5 Public Works Not Exceeding $100,000. <br /> A contractor or subcontractor may <br />elect not to file a public works bond for any public works project for which the <br />contract price does not exceed $100,000. <br />Article 15 ContractsPage 68 <br />Exhibit A to Administrative Order No. 44-08-06-F <br /> <br />