GJN4579 GeoDesign Contract #2009-00235

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8.8. Any contactor or subcontrackor ar c~ontracior's or stJ6cankrado~s sure#y that violates the provisions of this seckion is liable ko khe affected employees in the amount of their unpaid overtime wages end in an atlditiar~ai amaunk equal tQ the unpaid overtime vr~ges as liquidated damages. If khe violation results from willf~i fatsificakion of payfoll records, bra cor~rreclor or subccnkractor Or contrailpr"5 ar subcontracior'S Surety is liable to the affected employees in the emounk of their unpaid overtime tiwages end an adtlilional am~unl equak to twice the unpaid over~me wages as liquidated damages. A.9. This section does not apply ko finanraaf inskitutions as tle6rred in ORS T06.008, ORS Z79C.8t7~~TO Prevailing Rate of Wage. 9.i. The specification5lor khe conkract contain a provision 5tati~g tl~e e~a5king prevailing rate of wage that maybe paid to workers in each krade or occupation required for the public vuorks employed ~n the performance of the contrail either by the Contractor or subconkracior or other per5an doing or contracting to do the whole or arry par# of the work cantempfated by the conkraGt, Workers Shall be paid not less #han tt~e Specified minirnt,m hourly rake of gage, 9.2. For Public Works projects subject to ORS ~19C_B~0 to 27aC,870 and the Davis-bacon Act (40 U.S.C, 27~a~: ~1) If the state prevailing rate of wage is higher than the federal prer~iling rate of wage, khe contractor artd every 5ubmntractor on the projed Shall pay at least the state prev2~iling rake of image a5 required by OR ~19C.800 to 2190.870; and ~7} If the federal prevailing rate of wage is higher than the state prevailing rate of?~age, the contractor and every subconlra~kor on the project shall pay at lea5# the federal prevaiilwng rate of wage as required by khe Davis-l3acen A~, 9.3. The 0ity Shall relarn 25 percent of arry amount ean~ed by the contractor cn the Public WodCS project until the contractor has filed certified 51a#emenks of v~rage roles and paymenk on a form prescribed by khe Commi55ioner of the ~trreau of Labor and Industries. The City shall pay the rontraGtar the amount retained within 14 days after contrador files khe certified 5#etemen~. The eontrador shall retain 15 percent of any amount earned by a first-trier 5ubcantrac~or on a Public Worfc5 project until the 5rsk-krer subcontractor has filed khe certified Statements, The contractor shall verify the first-kler 5ubcontrailor has filed ~e certified 5tatemer~ts before khe c~ntractrx pays the subcontractor khe amount retained, wfi?ich shall be within 14 days after #ho first-tier 5ubconkrdctor files the rartifled siatemenks, 9,4. The Contrailor cn every public worics project must pay a fee to the C~mmiSSicn2r of khe Bureau of Labor and Industries a5 provided in ORS 2790.825 ~1 The fee Shall be 0.1 percent of the contrail price- However, ir1 no even! may a fee be charged acrd collected Thal is more then $5,044 or less than $104. The fee shall be paid to the commissioner under the adminisiralive rule of the commissioner. The Contrador shall pay the fee at khe time of the first progress payment or 64 days after worts on the contrac# has begun, wtri~hever date i5 earlier. i~. QR9 ~19A110. Disc~lminaki~r in subcuntractinq prohibiketl, remedies, 10.1.The Conkrailor may nok discriminate against a 5u~cpn~aCt4r in the awarding of a 5ubcanirad because the 5ubcontracGcr is a minority, women or emerging small business en#erprise certified underORS 200,055. 10.2.~y enierirrg into the c~ntrad, the Contractor certifies chat it has not discriminated and will not di5crirninake, in viotaGon of subsection7,1, against any minority, women or emerging small busine55 en#erprise in obtaining any required 5ubcgrrtfaGk. 11, ~R5 ~1~•?44 Exclusion err recycled oils prohibited. Lubnrating oil antl indu5tr~ai oil may inGude recycled oils or Oiis khal are nok manufactured from virgin materials,