Grant No. 209-3007 <br /> Delta Ponds Habitat Restoration <br /> EXHIBIT G <br /> STATUTORY DEFINITION OF "CAPITAL EXPENDITURE" <br /> and <br /> OREGON PREVAILING WAGE RATE LAW <br /> Capital Expenditure <br /> (4) "Capital expenditures" means direct expenses related to: <br /> (a) Personal property of anon-expendable nature including items that are not consumed in the <br /> normal course of operations, can normally be used more than once, have a useful life of <br /> more than two years and are.for use in the enforcement of fish and wildlife and habitat <br /> protection laws and regulations; or <br /> (b) Projects that restore, enhance or protect fish and wildlife habitat, watershed functions, <br /> native salmonid populations or water quality, including but not limited to: <br /> (A) Expenses of assessment, research, design or other technical requirements for the <br /> implementation of a project; <br /> (B) The acquisition of determinate interests, including fee and less than fee interests, in <br /> land or water in order to protect watershed resources, including appraisal costs and <br /> other costs directly related to such acquisitions; <br /> (C) Development, construction or implementation of a project to restore, enhance or <br /> protect water quality, a watershed, fish or wildlife, or riparian or other habitat; <br /> (D) Technical support directly related to the implementation of a project; and <br /> (E) Monitoring or evaluation activities necessary to determine the actual effectiveness of <br /> a project. <br /> Oregon Prevailing Wage Rate Law <br /> Grantees may be required to comply with Oregon's prevailing wage rate law. ORS 279.348 - <br /> 279.380. This law requires that entities using public funds for public works must pay not less <br /> than the prevailing rate of wage for an hour's work, including fringe benefits, in the same <br /> trade in the locality where the work is performed. Contracts not exceeding $50,000 are <br /> exempt from prevailing wage rate laws and nonprofit organizations are exempt for work <br /> other than construction. Public works is defined as including "roads, highways, buildings, <br /> structures and improvements of all types, the construction, reconstruction, major renovation <br /> or painting of which is carried on or contracted for by any public agency to serve the public <br /> interest ORS 297.348(3). Construction is defined as "the initial construction of <br /> buildings and other structures, or additions thereto, and of highways and roads." <br /> OAR 839-025-0004(5) <br /> Failure to comply with prevailing wage rate laws could result in a Grantee being liable to the <br /> workers affected in the amount of their unpaid minimum wages, including all fringe benefits, <br /> and in an additional amount equal to unpaid wages as liquidated damages. <br /> Information regarding prevailing wage rate law can be found on the Bureau of Labor and <br /> Industries website at www.oregon.gov/BOLT/WHD/PWR/W PWR Pwrbkshtml. <br /> <br /> 07-09 Capita108.01.08.doc 14 <br /> <br />