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GJN4625 OBEC 2010-00223
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GJN4625 OBEC 2010-00223
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Last modified
10/19/2011 12:28:50 PM
Creation date
12/9/2009 11:04:38 AM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
No
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No
GJN
004625
GL_Project_Number
995884
COE_Contract_Number
2010-00223
Retention_Destruction_Date
6/1/2020
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6. 11. As used in this section, "nonresident contractor" means a contractor that: (A) has not paid unemployment taxes <br />or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the <br />bid for the contract, (B) does not have a business address in this state and (C) stated in the bid for the contract <br />that it was not a "resident bidder"under ORS 279A.120. <br />6.2. If the Contractor is a nonresident contractor and the contract price exceeds $10,000, the Contractor shall <br />promptly report to the Department of Revenue on forms to be provided by the Department of Revenue the total <br />contract price, terms of payment, length of contract and such other information as the Department of Revenue <br />may require before the Contractor may receive final payment on the public contract. The City may not award a <br />Public Improvement contract or a Public Works Contract to a nonresident bidder that is an educational service <br />district. The City shall satisfy itself that the requirement of this subsection has been complied with before the <br />City issues a final payment on a public contract. <br />7. ORS 279C.530 Condition concerning payment for medical care and providing workers' compensation. <br />7.1 The Contractor and all subcontractors shall promptly, as due, make payment to any person, copartnership, <br />association or corporation furnishing medical, surgical and hospital care services or other needed care and <br />attention, incident to sickness or injury, to the employees of the Contractor or subcontractor, as applicable, of all <br />sums that the Contractor or subcontractor, as applicable, agrees to pay for the services and all moneys and <br />sums that the Contractor or subcontractor, as applicable, collected or deducted from the wages of employees <br />under any law, contract or agreement for the purpose of providing or paying for the services. <br />7.2. All subject employers working under the contract are either employers that will comply with ORS 656.017 or <br />employers that are exempt under ORS 656.126. <br />8. ORS 279.520 Conditions Concerning Hours and ORS 279C.540 Maximum hours of labor on public contracts; <br />holidays; exceptions; liability to workers; rules. <br />8.1. A person may not be employed for more, or required or permitted to labor more than 10 hours in any one day, <br />or 40 hours in any one week, except in cases of necessity or emergency or when the public policy absolutely <br />requires it, in which event, except in cases of contracts for architect, engineering, land surveying or related <br />consultant services, the person so employed for excessive hours shall receive at least time and a half pay: <br />(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 <br />week is five consecutive days, Monday through Friday; or <br />(B) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week <br />is four consecutive days, Monday through Friday; and <br />(b) For all work performed on Saturday and on the following legal holidays: <br />(A) Each Sunday. <br />(B) New Years Day on January 1. <br />(C) Memorial Day on the last Monday in May. <br />(D) Independence Day on July 4. <br />(E) Labor Day on the first Monday in September. <br />(F) Thanksgiving Day on the fourth Thursday in November <br />(G) Christmas Day on December 25. <br />8.2. An employer shall give notice in writing to Employees who perform work under subsection 8.1, either at the time <br />of hire or before commencement of work on the contract, or by posting a notice in a location frequented by <br />employees, of the number of hours per day and days per week that employees may be required to work. <br />8.3. For the purpose of this section, each time a legal holiday listed in subsection 8.1, other than Sunday, falls on <br />Sunday, the succeeding Monday shall be recognized as a legal holiday. Each time a legal holiday listed in <br />subsection 8.1 falls on Saturday, the preceding Friday shall be recognized as a legal holiday. <br />8.4. Subsections 8.1 and 8.2 of this section do not apply to labor on a public improvement contract or to construction <br />services if the contractor is a party to a collective bargaining agreement in effect with any labor organization. <br />8.5. When specifically agreed to under a written labor-management negotiated labor agreement, an employee may <br />be paid at least time and a half pay for work performed on any legal holiday specified in ORS 187.010 and <br />187.020 that is not listed in subsection 8.1. <br />8.6. This section does not apply to contracts for architect, engineering, land surveying or related consultant services, <br />provided that persons employed under such contracts shall receive at least time and a half pay for work <br />performed on the legal holidays specified in subsection 8.1(b)(B) to (G) of this section and for all overtime <br />worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are <br />excluded under ORS 653.010 to 553.261 or under 29 U S.C. 201 to 209 from receiving overtime. <br />
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