GJN3825 Lile-Eugene Moving & Storage Contract

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17. Rate of Pay. Contractor shall pay as the minimum hourly rate of wage not less than the prevailing rate of wage set forth in the specifications for this contract, pursuant to the provisions of ORS 279.348 to 279.352. Contractor or its surety shall file, and Contractor shall require every subcontractor or its surety to file, a statement with the City, in writing, in a form prescribed by the Oregon Commissioner of the Bureau of Labor and Industries (Labor Commissioner), certifying the hourly rate of wage paid each classification of workers employed by Contractor or such subcontractors upon the Work and further certifying that no worker employed by Contractor or such subcontractor upon the Work has_been paid less-than the prevailing rate of wage or less than the minimum hourly rate of wage specified herein, which certificate and statement shall be verified by the oath of the Contractor or its surety and, in the case of a subcontractor, by the subcontractor or its surety, that each has read each statement and certificate and knows the contents thereof and that the same is true to the Contractor's or subcontractor's knowledge. The certificate or certifications shall be submitted once before the first payment, and once before final payment is made under this contract, and additionally, in the case of proj ects exceeding 90 days, from the date of award of this contract to the date of completion of the Work, at 90 day intervals in between. Each dispute concerning the prevailing rate of wage, as that term is defined in ORS 279.348(1), that cannot be resolved by the parties shall be referred to the Labor Commissioner whose determination shall be binding on the parties. The provisions of this paragraph are subject to the exemptions described in ORS 279.357. 18. Payment of Subcontractors. Contractor shall include in all contracts with subcontractors the following clauses: 18.1 Contractor shall pay the subcontractor for satisfactory performance under the subcontract out of amounts that are paid by City to Contractor within 10 days of Contractor's receipt of such payments from City. 18.2 If Contractor fails to make timely payment to the subcontractor as required by 18.1 above, Contractor shall pay the subcontractor an interest penalty in the amount ofone-and-one-half percent per month begmning on the day after the required payment date and ending on the date on which Contractor makes the payment due to the subcontractor, and 18.3 Subcontractor must provide in all contracts with lower tier subcontractors or suppliers clauses requiring that the subcontractor shall pay the lower tier subcontractors and suppliers in accordance with the provisions of 18.1 and 18.2 above. 19. Right of City to Pay. If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to Contractor or to its subcontractor by any person in connection with this contract as such claim becomes due, City may pay such claim to the person furnishing the labor and services and charge the amount of the payment funds due or to become due to Contractor under this contract. Any such payment by City shall not relieve Contractor or its surety from their obligations with respect to any such unpaid claims, nor shall any such payment by City constitute a waiver by City of Contractor's default. Whether and to what extent City exercises its rights under this paragraph shall be determined by City in the exercise of its sole discretion. 20. Laws and Ordinances. In addition to provisions of the laws of the State of Oregon and the ordinances of the City of Eugene specifically identified in this contract, Contractor shall comply with and require its subcontractors to comply with all applicable provisions of Federal, State and local statutes, ordinances, orders, rules and regulations. Public Improvement Contract (Comp}-Page 5 (Revised April 1998)