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3. Payment of Laborers and Materialmen, Contributions to Industrial Accident Fund, Liens, and Withholding Taxes (ORS 279.312) The Contractor shall: 3.1 Make payment promptly, as due, to all persons supplying to such Contractor, labor or material for the prosecution of the work provided for in such contract. 3.2 Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or subcontractor incurred in the performance of the contract. 3.3 Not permit any lien or claim to be filed or prosecuted against the City of Eugene or any subdivision or agency or employee thereof on account of any labor or material furnished. 3.4 Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 4. Payment of Claims by Public Officers (ORS 279.314) If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the public contract as such claim becomes due, the public officer or officers representing the City of Eugene may pay such claims to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of this contract. The payment of a claim in the manner authorized shall not relieve the Contractor or his /her surety from his or her obligations with respect to any unpaid claims. 5. Hours of Labor (ORS 279.316) 5.1 No person shall be employed for more than eight (8) hours in any one day or forty (40) hours in any one week except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279.051, the laborer shall be paid at least time and a half pay for all overtime in excess of eight (8) hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279.334. 5.2 In the case of contracts for personal services as defined in ORS 279.051, a laborer shall be paid at least time and a half for all overtime worked in excess of forty (40) hours in any one week, except for individuals under these contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime. 6. Payment for Medical Care and Attention to Employees (ORS 279.320) 6.1 The Contractor shall promptly as due, make payment to any person, co- partnership or association or corporation furnishing medical, surgical, and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. 6.2 The Contractor and all employers working under this contract are subject employers, and agree to comply with ORS 656.017. 7. Labor Contract Conditions (Eugene Code, 1971, Section 2.030) All contracts wherein labor is required, except contracts for the purchase of materials and supplies, shall contain the following provisions: 7.1 The Contractor will comply with all provisions required by the statutes of the state, of contractors on a "public contract' as defined in ORS 279.310(1). 7.2 The Contractor will comply with all requirements of Eugene Code, 1971, Sections 4.613 to 4.650. 7.3 The Contractor shall, in the event he /she willfully violates the provisions of this section or knowingly files false affidavits of compliance, waive for a period of one year any right to bid upon any public works project let by the City. 7.4 If a Contractor or subcontractor violates the provisions of this section, the City may, at its option, terminate said contract or subcontract and said Contractor or subcontractor in such event shall forfeit all rights under his /her Standard Contract Provisions - -Page 2 (Revised November 1994)