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employed by Contractor or such subcontractors upon the Work and further certifying that no <br /> worker employed by Contractor or such subcontractor upon the Work has been paid less <br /> than the prevailing rate of wage or less than the minimum hourly rate of wage specified <br /> herein, which certificate and statement shall be verified by the oath of the Contractor or its <br /> surety and, in the case of a subcontractor, by the subcontractor or its surety, that each has <br /> read each statement and certificate and knows the contents thereof and that the same is <br /> true to the Contractor's or subcontractor's knowledge. The certificate or certifications shall <br /> be submitted once before the first payment, and once before final payment is made under <br /> this contract, and additionally, in the case of projects exceeding 90 days, from the date of <br /> award of this contract to the date of completion of the Work, at 90 day intervals in between. <br /> Each dispute concerning the prevailing rate of wage, as that term is defined in ORS <br /> 279.348(1), that cannot be resolved by the parties shall be referred to the Labor <br /> Commissioner whose determination shall be binding on the parties. The provisions of this <br /> paragraph are subject to the exemptions described in ORS 279. <br /> 18. Payment of Subcontractors. Contractor shall include in all contracts with subcontractors <br /> the following clauses: <br /> 18.1. Contractor shall pay the subcontractor for satisfactory performance under the <br /> subcontract out of amounts that are paid by City to Contractor within 10 days of <br /> Contractor's receipt of such payments from City. <br /> 18.2. If Contractor fails to make timely payment to the subcontractor as required by 18.1 <br /> above, Contractor shall pay the subcontractor an interest penalty in the amount of <br /> one-and-one-half percent per month beginning on. the day after the required <br /> i`,,,. payment date and ending on the date on which Contractor makes the payment due <br /> to the subcontractor; and <br /> 18.3. Subcontractor must. provide in all contracts with lower tier subcontractors or <br /> suppliers clauses requiring that the subcontractor shall pay the lower tier <br /> subcontractors and suppliers in accordance with the provisions of 18.1 and 18.2 <br /> above. <br /> 19. Right of City to Pay. If Contractor fails, neglects, or refuses to make prompt payment of <br /> any claim for labor or services furnished to Contractor or to its subcontractor by any person <br /> in connection with this contract as such claim becomes due, City may pay such claim to the <br /> person furnishing the labor and services and charge the amount of the payment funds due <br /> or to become due to Contractor under this contract. Any such payment by City shall not <br /> relieve Contractor or its surety from their obligations with respect to any such unpaid claims, <br /> nor shall any such payment by City constitute a waiver by City of Contractor's default. <br /> Whether and to what extent City exercises its rights under this paragraph shall be <br /> determined by City in the exercise of its sole discretion. <br /> 20. Laws and Ordinances. In addition to provisions of the laws of the State of Oregon and the <br /> ordinances of the City of Eugene specifically identified in this contract, Contractor shall <br /> comply with and require its subcontractors to comply with all applicable provisions of <br /> Federal, State and local statutes, ordinances, orders, rules and regulations. <br /> <br /> `iir? <br /> Public Improvement Contract {Comp) -Page 5 <br /> (Revised April 1998) <br /> <br />