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~~MMONLY ASKED QUESTIONS (Continued) <br />131 What record~ must I kee~~ For how lona? <br />Contractors and subcontractors are required to keep records necessary to determine if prevailing wage rates <br />were paid. These records must include the Payroll and Certified Statement Form (WH-38) as well as the <br />following: The name and address of each employee; the work classificationls) of each employee; the rate(s) <br />of wages and fringe benefits paid to each employee; the ratels) of fringe benefit payments made in lieu of <br />those required to be provided to each employee; total daily and weekly compensation paid to each <br />employee; daily and weekly hours worked by each employee; apprenticeship and training agreements; any <br />payroll and other such records pertaining to the employment of employees upon a public works contract. <br />Administrative rules on prevailing wage rates require that these records be kept for a period of three ~3) <br />years from the completion of the public work contract. Other legal considerations may require retention of <br />records for a period greater than 3 years. Records relating to public works contracts must be maintained <br />separately from records relating to private projects/contracts. <br />14) What forms are_public agencies re~uired to file with the Bureau of Labor and Industries? <br />Public agencies are required to prepare and file a list of every public improvement that the agency intends to <br />fund during the subsequent budget period with the Commissioner of the Bureau of Labor and Industries <br />(ORS 279.023(211. If, after the original filing, the agency plans additional public improvements, a revised list <br />is to be submitted (OAR 839-1 6-008(211. <br />The "Notice of Award of Public Works Contract" is to be filed with the Wage and Hour Division within 30 <br />days of the date when a contract is awarded which requires the payment of prevailing wage rates (i.e., is <br />regulated under ORS 279.348 to 279.3801. Civil Penalties may be assessed for failure to file this Notice. <br />Copies of the "Planned Public Improvement Summary" (Form No. WH-118), the "Capital Improvement <br />Project Cost Comparison Estimate" (WH-119), and the "Notice of Award of Public Works Contract" (WH-811 <br />can be found at the back of this booklet. <br />1 5) Does a contractin~a4en~y have anv t~ower to enforce payment of qrevailin4 wa4e rates on its qublic works <br />~roiects? <br />Yes. According to ORS 279.314, all public contracts for work or services mus contain a clause or <br />condition permitting the contracting agency to pay a worker's past due wage claim, charging the payment <br />against funds due or to become due to the contractor. <br />JANUARY 1, 1997 PAGE 5 <br />