3.__Subcontractor's certification of intent to comply; proof of insurance.__Before a contractor enters into a contract with a subcontractor, the contractor must obtain a document from the subcontractor certifying under oath that the subcontractor will comply with the requirements of subsection 1.__The subcontractor shall also provide written proof that the subcontractor complies with subsection 1, paragraphs B, C and D.__The contractor shall deliver copies of the certification and proof to the public official in charge of the public improvement project.

4.__Failure to provide certification before contract is signed.__A public official may not award a contract to any contractor who fails to comply with subsection 2.__A contractor may not award a subcontract to any subcontractor who fails to comply with subsection 3.

5.__Failure to comply during term of contract.__A contractor must comply at all times during the term of the contract with the requirements of subsection 1 and must weekly certify under oath and in writing that the contractor complies with those requirements.__A subcontractor must comply at all times during the term of the contract with the requirements of subsection 1 and must weekly certify under oath and in writing that the subcontractor complies with those requirements.

6.__Penalties for failure to comply during term of contract.__ A contractor or subcontractor who fails to comply with subsection 5 is subject to the penalties set forth in this subsection, as determined by the public official in charge of the public improvement project.__A contractor is liable for noncompliance by any person who is performing work under a subcontract with the contractor.

A.__The public official in charge of the public improvement project may order the contractor or subcontractor to cease work until compliance is attained.

B.__The public official in charge of the public improvement project may withhold payment due under any contract or subcontract until compliance is obtained.

C.__The public official in charge of the public improvement project may permanently remove the contractor or subcontractor from the job.

D. The public official in charge of the public improvement project may assess liquidated damages against the contractor