Construction: Pre-Construction Remedial

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GENERAL INFORMATION (CONTINUED) Bid Snecifications The specifications for every public works contract must include the current prevailing wage rates in effect at the time the specifications are first advertised. A statement incorporating the existing rates by reference will ~ satisfy this requirement (ORS 279.352-. All contracts and all contract specifications for a public work are required to include a provision stating that the fee shall be paid to the Bureau of Labor. Sample language is included in this booklet. NOTE: If a public agency fails to include a provision that a contractor and any subcontractor shall comply with ORS 279.350 in the advertisement for bids, the request for bids, the contract specifications, the accepted bid or elsewhere in the contract documents, the liability of the public agency for unpaid wages shall be joint and several with any contractor or subcontractor that had notice of the requirement to comply. Fringe Benefits Payments for fringe benefits are in 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.). 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 279.35015)] Fringe benefits may be paid to the worker in cash or to a third party administering 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 Senate Bill 234 was signed into law by the governor and became effective on June 9, 1997. It applies to contracts entered into on or after June 9, 1997. This legislation revised the provisions of ORS 279.334 regarding when payment of overtime is due for work performed on a public works job. The new law requires the payment of overtime for work performed in excess of 8 hours in a day Q 40 hours in any one week w n the work week is five consecutive days, Monday through Friday; Q 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday. Overtime must also be paid for all work performed on Saturday, Sunday and the following other legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. SB 234 also requires employers to give written notice to employees who perform work on public works contracts either at the time of hire or before commencement of work on the contract, or by posting a ~otice in a location frequented by employees, of the number of hours per day and days per week that employees may be required to work. 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 frinc~e 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. JULY 1, 1997 PAGE 2