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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 706.008. <br />9. ORS 279C.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 may be paid to <br />workers in each trade or occupation 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 specified minimum hourly rate of wage. <br />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 <br />state prevailing rate of wage is higher than the federal prevailing rate of wage, the contractor and every subcontractor on <br />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 <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 contractor on the Public Works project until the contractor <br />has filed certified statements of wage rates and payment on a form prescribed by the Commissioner of the Bureau of <br />Labor and Industries. The City shall pay the contractor the amount retained within 14 days after contractor files the <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-tier subcontractor has filed 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 />10. ORS 279A.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 <br />is 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 discriminated and will not discriminate, in violation of <br />subsection7.1, against any minority, women or emerging small business enterprise in obtaining any required subcontract. <br />11. ORS 2796.240 Exclusion of recycled oils prohibited. Lubricating oil and industrial oil may include recycled oils or oils that <br />are not manufactured from virgin materials. <br />Standard Contract Provisions--Page 4 <br />Revised December 2005 <br />