GJN3693 Sperry Tree Care Contract

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3. Payment of Laborers and Materialmen, Contributions to Industrial Accident Fund, Liens, and Withholding Taxes (ORS 279.312(1)) 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 this contract. 3.2 Pay alt contributions or amounts due the Industrial Accident Fund from such Contractor or subcontractor incurred in the performance of this 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 fumished. 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) 4.1 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 this 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. 4.2 If the contractor or afirst-tier subcontractor fails, neglects or refuses to make payment to a person fumishing labor or materials in connection with this contract within 30 days after receipt of payment from the City of Eugene or a contractor, the contractor orfirst-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279.445(4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279.445. The rate of interest charged to the contractor orfirst-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the City of Eugene or from the contractor, but the rate of interest shall not exceed 30 percent. The amount of interest may not be waived. 4.3 If the contractor or a subcontractor fails, neglects or refuses to make payment to a person fumishing labor or materials in connection with this contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279.445. Any contractor shall announce the foregoing in any subcontract issued. 5. Hours of Labor (ORS 279.316) No person shall be employed for more than ten (10) 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, the employee shall be paid at least time and a half pay for all overtime in excess of eight (8) hours in any one day and forty (40) hours in any one week, when the work week consists of five consecutive days, Monday through Friday, or for all overtime in excess of ten (10) hours in one day or forty (40) hours in one week, when the work week is four consecutive days, Monday through Friday, and for work pertormed on Saturday and on any legal holiday specified in ORS 279.334. The Contractor must give notice to employees who perform work on this contract, in writing, either at the time of hire or before commencement of work on this contract, or by posting a notice in a location frequented by employees, the number of hours per day and days per week that the employees may be required to work. 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 fumishing 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.