GJN4622 2010-00218 Pavement Services

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6.2. If the Contractor is a nonresident contractor and the contract price exceeds $10,000, the Contractor shall promptly report to the Department of Revenue on forms to be provided by the Department of Revenue the total contract price, terms of payment, length of contract and such other information as the Department of Revenue may require before the Contractor may receive final payment on the public contract. The City may not award a Public Improvement contract or a Public Works Contract to a nonresident bidder that is an educational service district. The City shall satisfy itself that the requirement of this subsection has been complied with before the City issues a final payment on a public contract. 7. ORS 279C.530 Condition concerning payment for medical care and providing workers' compensation. 7.1. The Contractor and all subcontractors shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the Contractor or subcontractor, as applicable, of all sums that the Contractor or subcontractor, as applicable, agrees to pay for the services and all moneys and sums that the Contractor or subcontractor, as applicable, collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. 7.2. All subject employers working under the contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 8. ORS 279.520 Conditions Concerning Hours and ORS 2790.540 Maximum hours of labor on public contracts; holidays; exceptions; liability to workers; rules. 8.1. A person may not be employed for more, or required or permitted to labor more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity or emergency or when the public policy absolutely requires it, in which event, except in cases of contracts for architect, engineering, land surveying or related consultant services, the person so employed for excessive hours shall receive at least time and a half pay: (a) (A) For all overtime in excess of eight (8) hours in any one day or 40 hours in any one week when the work - week is five consecutive days, Monday through Friday; or (B) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on the following legal holidays: (A) Each Sunday. (B) New Year's Day on January 1. (C) Memorial Day on the last Monday in May. (D) Independence Day on July 4. (E) Labor Day on the first Monday in September. (F) Thanksgiving Day on the fourth Thursday in November. (G) Christmas Day on December 25. 8.2. An employer shall give notice in writing to employees who perform work under subsection 8.1, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that employees may be required to work. 8.3. For the purpose of this section, each time a legal holiday listed in subsection 8.1, other than Sunday, falls on Sunday, the succeeding Monday shall be recognized as a legal holiday. Each time a legal holiday listed in subsection 8.1 falls on Saturday, the preceding Friday shall be recognized as a legal holiday. 8.4. Subsections 8.1 and 8.2 of this section do not apply to labor on a public improvement contract or to construction services if the contractor is a party to a collective bargaining agreement in effect with any labor organization. 8.5. When specifically agreed to under a written labor-management negotiated labor agreement, an employee may be paid at least time and a half pay for work performed on any legal holiday specified in ORS 187.010 and 187.020 that is not listed in subsection 8.1. 8.6. This section does not apply to contracts for architect, engineering, land surveying or related consultant services, provided that persons employed under such contracts shall receive at least time and a half pay for work performed on the legal holidays specified in subsection 8.1(b)(B) to (G) of this section and for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. 8.7. (a) Subsections 8.1 and 8.2 of this section do not apply to contracts for construction services other then in construction of a public improvement. However, persons employed under such contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in subsection 8.1(b)(B) to (G) of this section and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater.