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 106.008. <br />9. ORS 2190,800.870 Prevailing Rate of Wage. <br />9.1. The specifications for the contract contain a provision stating the existing prevailing rate of wage that maybe paid to <br />workers in each trade or occupation required for the public works employed in the performance of the contract either by the <br />Contractor ar subcontractor or other person doing ar contracting to do the whale ar any part of the work contemplated by <br />the contract. Workers shall be paid not less than the specified minimum hourly rate of wage. <br />9.2. par Public Works projects subject to ORS 2790.800 to 2790.810 and the Davis-Bacon Act X40 U.S.C. 216a}: ~1 } If the <br />state prevailing rate of wage is higher than the federal prevailing rate of wage, the cantractar and every subcontractor an <br />the project shall pay at least the state prevailing rate of wage as required by ORS 27'90.800 to 2190.870, 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 cantractar on the Public Works project until the contractor has <br />filled certified statements of wage rates and payment an a form prescribed by the Commissioner of the Bureau of Labor and <br />Industries. The City shall pay the cantractar the amount retained within 14 days after contractor files the certified <br />statements. The contractor shall retain 25 percent of any amount earned by a first~tier subcontractor on a Public Works <br />project until the first-tier subcontractor has riled 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-tier 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 as <br />provided in QRS 2190.825 ~~ }. 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. 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 first progress,payment or 50 <br />days after work on the contract has begun, whichever date is earlier. <br />1Q. QRS ~19A,110. Discrimination in subcontracting prohibited; remedies. <br />10.1.The Contractor may not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is <br />a minority, women or emerging small business enterprise certified under QRS 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 />subsectionl.l, against any minority, women ar emerging small business enterprise in obtaining any required subcontract. <br />11. ORS 279B.240 Exclusion of recycled oils prohibited. Lubricating oil and industrial ail may include recycled oils ar oils that <br />are not manufactured from virgin materials. <br />Standard Contract Provisions--Page 4 <br />Revised December 2005) <br />