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subcontractor or contractor's or subcontractor's surety is liable to the affected employees in the amount of their unpaid <br /> overtime wages and an additional amount equal to twice the unpaid overtime wages as liquidated damages. <br /> 8.9. This section does not apply to financial institutions as defined in ORS 706.008. <br /> <br /> 9. ORS 2790.800-870 Prevailing Rate of Wage. <br /> 9.1. The specifications for the contract contain a provision stating the existing prevailing rate of wage that may be paid to <br /> workers in each trade or occupation required for the public works employed in the performance of the contract either by <br /> the Contractor or subcontractor or other person doing or contracting to do the whole or any part of the work contemplated <br /> by the contract. Workers shall be paid not less than the specified minimum hourly rate of wage. <br /> 9.2. For Public Works projects subject to ORS 2790.800 to 2790.870 and the Davis-Bacon Act (40 U.S.C. 276a): (1) If the <br /> state prevailing rate of wage is higher than the federal prevailing rate of wage, the contractor and every subcontractor on <br /> the project shall pay at least the state prevailing rate of wage as required by ORS 2790.800 to 2790.870; and {2) If the <br /> federal prevailing rate of wage is higher than the state prevailing rate of wage, the contractor and every subcontractor on <br /> the project shall pay at least the federal prevailing rate of wage as required by the Davis-Bacon Act. <br /> 9.3. The City shall retain 25 percent of any amount earned by the contractor on the Public Works project until the contractor <br /> has filed certified statements of wage rates and payment on a form prescribed by the Commissioner of the Bureau of <br /> Labor and Industries. The City shall pay the contractor the amount retained within 14 days after contractor files the <br /> certified statements. The contractor shall retain 25 percent of any amount earned by a first-tier subcontractor on a Public <br /> Works project until the first-tier subcontractor has filed the certified statements. The contractor shall verify the first-tier <br /> subcontractor has filed the certified statements before.the contractor pays the subcontractor the amount retained, which <br /> shall be within 14 days after the first-tler subcontractor files the certified statements. <br /> 9.4. The Contractor on every public works project must pay a fee to the Commissioner of the Bureau of Labor and Industries <br /> as provided in ORS 2790.825 (1). The fee shall be 0.1 percent of the contract price. However, In no event may a fee be <br /> charged and collected that is more than $5,000 or less than $100. Tha fee shall be paid to the commissioner under the <br /> administrative rule of the commissioner. The Contractor shall pay the fee at the Ume of the first progress payment or 60 <br /> days after work on the contract has begun, whichever date is earlier. <br /> 10. ORS 279A.110. plscrimination in subcontracting prohibited; remedies. <br /> 10.1.The Contractor may not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor <br /> is a minority, women or emerging small business enterprise certified under ORS 200.055. <br /> 10.2.By entering into the contract, the Contractor certifies that it has not discriminated and will not discriminate, in violation of <br /> subsectfon7.1, against any minority, women or emerging small business enterprise in obtaining any required subcontract. <br /> 11. ORS 279B.240 Exclusion of recycled oils prohibited. Lubricating oil and industrial oil may inGude recycled oils or oils that <br /> are not manufactured from virgin materials. <br /> Standard Contract Provisions-Page 4 <br /> Revised December 2005 <br /> <br />