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r,FNERAL INFORMATION (CONTINUED) Bid pgr,ifications IContinuedl N!• NOTE: If a public agency fails to include the prevailing wage rates in the contract specifications or fails to include in the contract the provision that prevailing wage rates must be paid, the liability for any unpaid prevailing wages shall be exclusively that of the agency.[ORS 279.356(31] ~ Fringe Benefits Payments for fringe benefits are i~ addition to the basic hourly rate. The term "fringe benefits" refers to payments such as: a) medical or hospital care; pensions on retirement or death; compensation for injuries or illness resulting from an occupational activity, or insurance to,provide any of the foregoing; b) unemployment benefits, life insurance, disability and sickness insurance or accident insurance; c) vacation and holiday pay; d) defraying costs of apprenticeship or other similar programs; and e) other such bona fide benefits. For the purpose of prevailing wage rates, fringe benefits do not include any benefits which may be required by federal, state or local law (e.g. Workers' Compensation, Unemployment Insurance, etc.l. Every contractor or subcontractor that provides for or contributes to a health and welfare plan or a pension plan, must post notice describing such plans in a conspicuous and accessible place on the project.(ORS 279.350(5)1 Fringe be~efits may be paid to the worker in cash or to a third party administeri~g a fringe benefit program. When an hourly rate in excess of the required prevailing base rate is paid, the amount by which the rate is exceeded may be credited toward payment of fringe benefits. Overtime Workers employed on a public works job for more than eight hours in a day, or 40 hours in a week, must be paid overtime for each additional hour so worked (ORS 279.334). Overtime is calculated at not less than one and one-half times the basic hourly rate as determined by the Commissioner of Labor (not including fringe benefits which are paid at the straight rate for every hour worked). In the computation of overtime, travel pay does not need to be included but zone pay differentials do. All work performed on Saturdav, Sundav or ~aal holidavs must also be compensated for at time and one-half. Legal holidays for purposes of prevailing wage rates include the following: 1) New Year's Day on January I; 2) Memorial Day on the last Monday in May; 3) Independence Day on July 4; 4) Labor Day on the first Monday in September; 5) Thanksgiving Day on the fourth Thursday in November; 6) Christmas Day on December 25. If one of these days falls on Saturday or Sunday, then the legal holiday becomes the preceding Friday or the following Monday. NOTE: Contractors who are signatory to a collective bargaining agreement may be subject to different overtime requirements [ORS279.334~3)1. Certification of Pavroll The law requires every contractor and subcontractor to file certain information on wages paid to each worker employed on a public works contract. This statement must completely and accurately reflect payroll records for the work week immediately preceding the submission. A contractor or subcontractor must complete and submit the certified statement contained on Form WH-38 as well as the information required on the weekly payroll. Form WH-38 and instructions for completing it are included in this booklet. The schedule for submitting payroll information is as follows: Once within 15 days of the date the contractor or subcontractor first began work on the project; once before the final inspection of the project by the public contracting agency; in addition, for Rojects exceeding 90 davs, submissions are to be made at 90 day intervals. When work on a project starts and finishes in 15 days or less, the contractor or subcontractor which performed the work shall submit a payroll and certified statement form which accurately and completely sets out the payroll for all the work performed on the project. Payroll information is to be filed with the public contracting agency. The pay~oll information must be kept by the contractor and or subcontractor for three years. JANUARY 1, 1997 PAGE 2