Demolition/Abatement Constracts (Folders 1-2)

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~OMM41~1LY A~KEI? C1UE`,r`TlS?N~ d~ ~x~tinuedl 81 Yyl~ier~ arc ncw_ratcs ~1~t~rrY~i[~~d? liszr_~ 1s~i~~~ Ih~x_~ff~~.tiv~? Prevailing wage rates are deterrnined once each year by the Conunissioner of the E3ureau of Labor and Industries. The Commissioner may amend the rates at any time. Thc rates are usualiy amended at least once each year. The ratrs u~ etfect at the time the bid specifications are first advertised are thosc that ~Pp~Y tor the duration of thc coritract, with orie exception. If during ihe bidding proccss the prevailing wagc rate changes, the public contracting agency (not the cc~ntractorl has the option of amending tlie bid specifications to reilect such r_hanges- 91 H4W ~14 1 (?4~lRIS~Y~?i11113 VYtiJ~ ~S~t~S? Fvr.ry contractor or subr,c~niractor employing workers on a pubiic wcrrks project is required to post Uie ap~licable prevailiny wage r~~tes in a conspicuous and accessible pl~r.e irr or about the work-site. Rates need t~ bc posted for the d~~rahon ot the job_ Contractors and subcontractors who intentionally fail to post tl~~c PWR can be rr~ade ineligibir tr> receive any public works contract tor up to three years. t01 Wliat~~nJ_~9_a~u~t_~ ~srntr~~t9~_~Ii4__i~_n4l_~Q.mRl.vi~~ittLQl~~~il';~_f'_yY~~l~~? File a complaint with the nearest office of the Oregon Bureau of Labor and Industries (see list of affices or~ page 1), or contacl the Wa~e and Hour Division, E3ureau of Labor and Industries, 800 NF Oregon St. tJ 32, Portland, Oregon 97232 (503 731 4C774-. You may also complain lo tY~~e contracting agency, which has thc r,ontractual authority to ~'~ay PWR claims directly to a contractor`s or subcontractor's workers 1ORS 279.314-. ~ t ) Wh~L.h~~t~~r,~ Lo ~Qn1r~4t~rs wh~. ~i4 _Ii4t ~Qnm~fx_i^!~h.P_Y~lf3 ~t~t~1~~ ? Contrar.tars and subcontractors who pay less than the prevailing wagc rates may be liable to the workers a(fer.ted tor the amount founci due plus an equal amount as liquidated damages (ORS 279.35f). Also, the law now provides for a r.ivil penalty nf up to &5,000 for any violations of the prevailing wage rate laws, including ORS 279.348 to 279.380 and the prevailing wage rate administrative rules pursuant to thase statutes. Contracting agencies have Uie r,ontractual authority to withhold payments due or to be due to tlie contractor or subcontractor ir~ order to pay the unpaid prevailiny wages directly to the worker (C)«5 279.3141. (;ontractors and subconiractors who intentionally refuse to pay the prevailing wage rate to workers employed on public works or to post the PWR on the job site may be determined to be ineliyible to receive any public works cor~tracts for a period of up to three years (ORS ?79.3611. Workers employed by the c.ontractor or subcontractors h~vc a ~'ight of action against the surety oi the prime contractor for any unpaid prevailing wages. A list is kept oi all r.ur7tractors, subcontractors, and other persons ineligible to receive public works contracts and subcontrar,ts. When a r.ontractor or subcontractor is a corporation, the individual oificers and agerits of the corporation can be debarred in addition to the c~~r~oration. As a result, individuals who intentionally fail to pay or p~~st the PWR are prevented from simply moving from one corporation to an~ther In addition, ORS 279.073, prr~vides that any person that loses a corn~~~eUtive bid for a construcUon contr4~ct may bring an action for ciamayes against the person who is awarded the contract, if the losing biddrr can establish that the winner has knowir7gly violated any one of several laws, including the r~quirement to {~ay prevailing wage rates while pt~rfqrming we~rk under the contract The losing bidder is entitlecl to r'e~.ovr.r, as liquidated darnages, 1O%, ot the losfrig bid arnounl, or 55,000, whichever is yreater, plus r~ asonable attorn~~y fees. t 2) Hc~v,! rnucl~ s~4 I czs3Y at~urE~nucc;~? To qualify as an apprenUce, the workt~i ~nust be registered In a b~>r~a fide apprenticeship proyram ot tl~ie U.S. Uepartment of Labor, B~~rr,au of Apprenticeship and Training (BA f) or with any State Apprenticeship Agenr,y recognized by BAT. For iniorrnation call (5031 731 4072 The apprentice is to receive 211 frinc~e benefits and a pcrcentage of the ~ourneyman's wagc rate listed in this bookl~at. 7his rate may be different than the rate r.ontained in the Apprenticeship Standards for the trade. The cc~rrect perr,entage shall be determ~ned bY thr, appropriate apprentir.estup comrnittee. All other workers receive rates as published. _.. . r~nr.r n