3.1 Make payment promptly, as due, to ali persons supplying to such Contractor, labor or material for the prosecution of the <br />work provided for in this contract. <br />3.2 Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or subcontractor incurred in the <br />performance of this contract. <br />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 <br />thereof on account of any labor or material famished. <br />3.4 Pay to the Department of Revenue ail sums withheld from employees pursuant to ORS 316.167 <br />Payment of Claims by Public Officera_(ORS 279314) <br />4.1 If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services famished to the <br />f ° Contractor or a subcontractor by any person in connection with this contract as such claim becomes due, the public officer <br />or officers representing the City of Eugene may pay such claims to the person famishing the labor or services and charge <br />the amount of the payment against funds due or to become due the Contractor by reason of this contract. The payment of <br />a claim in the manner authorized shall not relieve the Contractor orhis/her surety firnn his or her obligations with respect <br />to any unpaid claims. <br />4.2 If the contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or <br />materials in connection with this contract within 30 days after receipt of payment from the City of Eugene or a contractor, <br />the contractor orfirst-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end <br />of the 10-day period that payment is due under ORS 279.445(4) and aiding upon final paymait, unless payment is subject <br />to a good faith dispute as defined in ORS 279.445. The rate of interest charged tothecontractor orfirst-tier subcontractor <br />on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve <br />Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was <br />received from the City of Eugene or from the contractor, but the rate of interest shall not exceed 30 percent. The amount <br />of interest may not be waived. <br />4.3 If the contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in <br />connection with this conhact, the person may file a complaint with the Construction Contractors Board, unless payment <br />is subject to a good faith dispute as defined in ORS 279.445. Any contractor shall announce the foregoing in any <br />subcontract issued. <br />5. Hours of Labor (ORS 279316) <br />No person shall be employed for more than ten (10) hours in any one day or forty (40) hours in any one week, accept in cases <br />of necessity, emergency or when the public policy absolutely requires it, and in such cases, the anployee shall be paid at least <br />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 <br />work week consists of five consecutive days, Monday through Friday, or for all overtime in excess often (10) hours in one day <br />or forty (40) hours in one week, when the work week is four consecutive days, Monday through Friday, and for work performed <br />on Saturday and on any legal holiday specified in ORS 279.334. The Contractor must give notice to employees who perform <br />work on this contract, in writing, tither at the time of hire or before commencement of work on this contract, or by posting a <br />notice in a location frequented by employees, the number of hours per day and days per weds that the employees may be required <br />to work. <br />6. Payment for Medical Care and Attention to Employees (ORS 279320) <br />6.1 The Contractor shall promptly as due, make payment to any person, co-partnership or association or corporation furnishing <br />medical, surgical, and hospital care or other needed care and attention, incident to sickness or injury, to the employees of <br />such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the <br />Contractor collected or deducted firm the wages of employees pursuant to any law, contract or agreement for the purpose <br />of providing or paying for such service. <br />6.2 The Contractor and all subject employers working under this contract are either employes that will comply with ORS <br />656.017, or employers that are exempt under ORS 656.126. <br />7. Labor Contract Conditions (Eugene Code, 1971, Section 2.030) <br />7.1 The Contractor will comply with all provisions required by the statutes of the state, of contractors on a "public contract" <br />as defined in ORS 279.310(1). <br />Standard Contract Provisions for Public Works -Page 2 <br />(Revised July 2001) <br />