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8.8. Any contractor or subcontractor or contractor's or subcontractor's surety that violates the provisions of this section is liable to the affected employees in the amount of their unpaid overtime wages and in an additional amount equal to the unpaid overtime wages as liquidated damages. If the violation results from willful falsification of payroll records, the contractor or subcontractor or contractor's or subcontractor's surety is liable to the affected employees in the amount of their unpaid overtime wages and an additional amount equal to twice the unpaid overtime wages as liquidated damages. 8.9. This section does not apply to financial institutions as defined in ORS 706.008. 9. ORS 279C.800-870 Prevailing Rate of Wage. 9.1. The specifications for the contract contain a provision stating the existing prevailing rate of wage that may be paid to workers in each trade or occupation required for the public works employed in the performance of the contract either by the Contractor or subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the contract. Workers shall be paid not less than the specified minimum hourly rate of wage. 9.2. For Public Works projects subject to ORS 279C.800 to 279C.870 and the Davis-Bacon Act (40 U.S.C. 276a): (1) If the state prevailing rate of wage is higher than the federal prevailing rate of wage, the contractor and every subcontractor on the project shall pay at least the state prevailing rate of wage as required by ORS 279C.800 to 279C.870; and (2) If the federal prevailing rate of wage is higher than the state prevailing rate of wage, the contractor and every subcontractor on the project shall pay at least the federal prevailing rate of wage as required by the Davis-Bacon Act. 9.3. The City shall retain 25 percent of any amount earned by the contractor on the Public Works project until the contractor has filed certified statements of wage rates and payment on a form prescribed by the Commissioner of the Bureau of Labor and Industries. The City shall pay the contractor the amount retained within 14 days after contractor files the certified statements. The contractor shall retain 25 percent of any amount earned by a first-tier subcontractor on a Public Works project until the first-tier subcontractor has filed the certified statements. The contractor shall verify the first-tier subcontractor has filed the certified statements before the contractor pays the subcontractor the amount retained, which shall be within 14 days after the first-tier subcontractor files the certified statements. 9.4. The Contractor on every public works project must pay a fee to the Commissioner of the Bureau of Labor and Industries as provided in ORS 279C.825 (1). The fee shall be 0.1 percent of the contract price. However, in no event may a fee be charged and collected that.is more than $5,000 or less than $100. The fee shall be paid to the commissioner under the administrative rule of the commissioner. The Contractor shall pay the fee at the time of the first progress payment or 60 days after work on the contract has begun, whichever date is earlier. 10. ORS 279A.110. Discrimination in subcontracting prohibited; remedies. 10.1.The Contractor may not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055. 10.2.By entering into the contract, the Contractor certifies that it has not discriminated and will not discriminate, in violation of subsection7.1, against any minority, women or emerging small business enterprise in obtaining any required subcontract. 11. ORS 279B.240 Exclusion of recycled oils prohibited. Lubricating oil and industrial oil may include recycled oils or oils that are not manufactured from virgin materials. Standard Contract Provisions--Page 4 (Revised December 2005)