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GJN4299 Bergeson-Boese Contract
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GJN4299 Bergeson-Boese Contract
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Last modified
8/26/2008 8:30:51 AM
Creation date
6/19/2008 1:36:29 PM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
Yes
External_View
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GJN
004299
GL_Project_Number
925106
Identification_Number
2008100173
COE_Contract_Number
2008-00215
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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, association or <br /> corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to <br /> sickness or injury, to the employees of the Contractor or subcontractor, as applicable, of all sums that the Contractor or <br /> subcontractor, as applicable, agrees to pay for the services and all moneys and sums that the Contractor or <br /> subcontractor, as applicable, collected or deducted from the wages of employees under any law, contract or agreement <br /> 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 employers <br /> 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, or 40 hours <br /> in any one week, except in cases of necessity or emergency or when the public policy absolutely requires it, in which <br /> event, except in cases of contracts for architect, engineering, land surveying or related consultant services, the person so <br /> 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 week is <br /> 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 is four <br /> 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 Year's 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 of hire or <br /> before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the <br /> 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 Sunday, the <br /> succeeding Monday shall be recognized as a legal holiday. Each time a legal holiday listed in subsection 8.1 falls on <br /> 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 services <br /> 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 be paid at <br /> 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 <br /> in subsection 8.1. <br /> 8.6. This section does not apply to contracts for architect, engineering, land surveying or related consultant services, provided <br /> that persons employed under such contracts shall receive at least time and a half pay for work performed on the legal <br /> holidays specified in subsection 8.1(bx8) to (G) of this section and for all overtime worked in excess of 40 hours in any <br /> one week, except for individuals under personal services contracts wlw are exGuded under ORS 653.010 to 653.261 or <br /> under 29 U.S.C. 201 to 209 from receiving overtime. <br /> 8.7. (a) Subsections 8.1 and 8.2 of this section do not apply to contracts for construction services other then in construction <br /> of a public improvement. However, persons employed under such contracts shall receive at least time and a half pay for <br /> work performed on the legal holidays specified in a collective bargaining agreement or in subsection 8.1(bxB) to (G) of <br /> 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, <br /> whichever is greater. <br /> (b) An employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or <br /> before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the <br /> number of hours per day and days per week that the employees may be required to work. <br /> 8.8. Any contractor or subcontractor or contractor's or subcontractor's surety that violates the provisions of this section is liable <br /> to the affected employees in the amount of their unpaid overtime wages and in an additional amount equal to the unpaid <br /> overtime wages as liquidated damages. If the violation results from willful falsification of payroll records, the contractor or <br /> <br /> Standard Contract Provisions-Page 3 <br /> <br />
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