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<br />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 liquidaled damages. <br />6.9. This section does not apply to financial institutions as defined in ORS 706.008. <br />9. ORS 279C.800-870 Prevailing Rate of Wage. <br />9.1. The speciFlcations for the contrad contain a provision stating the exisUng prevailing rate of wage tha[ may be paid to <br />workers in each trade or occupation required for the public works employed in the performance of the contrad either by the <br />Contrector or subcontractor or other person doing or contracting lo do the whole or any part of the work contemplated by <br />the contract. Workers shall be paid not less than the specifed minimum houdy rate of wage. <br />92. For Public Works prqecfs subject to ORS 279C.800 b 279C.870 and tt~e ~avis-Bacon Act (40 U.S.C. 276a): (1) If the <br />state prevailing rate of wage is higher than the federal prevailing ra[e of wage, the contractor and every subcontractor on <br />the project shall pay at least the siate prevailing rate of wage as required 6y ORS 279C.800 to 279C.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 ihe federal prevailing rate of wage as required by the Davis-Bacon Act. <br />9.3. The City shall rehain 25 percent of any amount earned by the contractor on the Public Works prqect until the contractor has <br />f led certifed statemenfs of wage rales and payment on a form prescnbed by the Commissioner of the Bureau of Labor and <br />Industries. The City shall pay the contrador the amount retained within 14 days after contractor fles the certifled <br />statements. The contractor shall refain 25 percent of any amount eamed by a first-tler subcontractor on a Public Works <br />prqect until the frst-tier subconVactor has fled the certified sfatements. The contractor shall veriy the frst-tier <br />subcontractor has filed ihe certified statements before the contrector pays Ne subcontractor the amount retained, which <br />shall be within 14 days after the frst-tier subcontractor fles the certifed 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 as <br />provided in ORS 279Q825 (1). The fee shall be 0.1 percent of the contracf price. However, in no event may a fee be <br />charged and collected that is more than $5,000 or less than $100. The fee shall be paid to the commissioner under the <br />administrative rule of the commissioner. The Contractor shall pay the fee at the time of the frst progress payment or 60 <br />days after work on the contrad has begun, whichever date is eadier. <br />10. ORS 279A170. Discrimination in subcontracting prohibited; remedies. <br />10.1.The ContracWr may not discriminate against a subcontrador in the awarding of a subcontract because the subcontractor is <br />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 discnminated and will not discriminata, in viWation of <br />subsection7.1, against any minority, women or emerging small business enterprise in obhaining any required subcontract. <br />11. ORS 279B.240 Exclusion of recycled oils prohibited. Lubricating oil and industrial oil may include recyded oils or oils that <br />are not manufactured from virgin materials. <br />Standard ConVact Provisions--Page 4 <br />(Revised December 2005) <br />