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- _ <br /> rt~~~~ED FEBRUARY" 2009. . _ <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 ari addifronal amount equal. to twice the unpaid overtime wages as liquids#ed damages. <br /> ~ 8.9. Thisaecfion does not apply to finanaaP institutions as defined in ORS 706.008: <br /> " 9. : ORS.279C.800=87© Prevailing Rate of Wage. ` • ~ ~ " <br /> " 9:1: The specifipfions for•the contract contain a provision staling the existingprevailing rate. of wage that may be paid to <br /> workers in each trade or oaxapafion 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 speafied minimum hourly rate of wage.. _ " <br /> " 9.2. Fbr Public Works projects subject to ORS 279C.800 to 279C.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 eery stibcbntractoron " <br /> the project shall pay at least the state prevailing rate of wage"as required by ORS 2790.800 to 279C.87Q; acid (2)•If the <br /> " federal prevailing rate of wage is higher than thestate prevailing. rate of wage; the contractor and every subcontractor on . <br /> • the~project shalllSay at least the federaipreVailin~g rate ofwage as~required by the Davis-Bacon Act <br /> 9,3.. The City shall retaih 25 percent of any amount •eamed by the eontractor on the Public Works project until the, contractor <br /> has filed certified statements of wage cafes and paymentbn a form prescribed:by the Corrinissionerofthe Bureau of <br /> . Labor and Industries. The .City shalt pay the contractor the arrmount retained within 14 days,affer contractor files the <br /> <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 fief' subcontractor has filed the certified statements: The contractor shall verify. tt(efirst-tier <br /> " subcontractorhas filed the certified statements before the contractor pays the subcontractor the ~amountretained, which <br /> shall be within 14 days after the first-bet subcontractor files the certifiedstatements: <br /> 10. ORS 279A110.,Uiscrimination 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 /> • i§.a minority, women'or emerging small business enterprisecertifed under.ORS 200.055. . • " <br /> 10.2:By entering into the contract, the Contractorcertifies that it has not discriminated and will not discriminate, in violation of <br /> subsection7.1, against any minority, women or emerging small business enterprise irr obtaining any required subcontract. <br /> 11. ORS 2798.240 Farclusion of recycled oils prohibited. Lubricating oil and irfdustrial oil may inGude recycled oils or oils. that <br /> are not manufactured from virgin materials. <br /> 4 <br /> Standard Contract. Provisions-Page 4 <br /> <br />