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3. Payment of Laborers and Matertalmen, Contributions to Industrial Accident Fund, Liens, and <br />Withholding Taxes (ORS 279.312(1)) <br />The Contractor shall: <br />3.1 Make payment promptly, as due, to all persons supplying to such Contractor, labor or material for <br />the prosecution of the work provided for in this contract. <br />3.2 Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or <br />subcontractor incurred in the performance of this contract. <br />J~ 3.3 Not permit any lien or claim to be filed or prosecuted against the City of Eugene or any subdivision <br />or agency or employee thereof on account of any labor or material fumtshed. <br />3.4 Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. <br />4. Payment of Claims by Public Officers (ORS 279.314) <br />4.1 If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or <br />services famished to the Contractor or a subcontractor by any person in connection with this <br />contract as such daim becomes due, the public officer or officers representing the City of Eugene <br />may pay such claims to the person famishing the labor or services and charge the amount of the <br />payment against funds due oc to become due the Contractor by reason of this contract. The <br />payment of a daim in the manner authorized shall. not relieve the Contractor orhis/her surety from <br />his or her obligations with respect to any unpaid daims. <br />4.2 If the contractor or a first tier subcontractor fails, neglects or refuses to make payment to a person <br />famishing labor or materials in connection with this contract within 30 days after receipt of payment <br />from the City of Eugene or a contractor, the contractor orfirst-tier subcontractor shall owe the <br />person the amount due plus interest charges commencing at the end of the 10-day period that <br />payment is due under ORS 279.445(4) and ending upon final payment, unless payment is subject <br />to a good faith dispute as defined in ORS 279.445. The rate of interest diarged to the contractor or <br />first tier subcontractor on the amount due shalt equal three times the discount rate on 90-day <br />commeroial paper in effect at the Federal Reserve Bank in the Federal Reserve district that <br />includes Oregon on the date that is 30 days after the date when payment was received tram the <br />City of Eugene or from the contractor, but the rate of interest shaA not exceed 30 percent. The <br />amount 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 <br />famishing labor or materials in connection with this contract, the person may file a complaint with <br />the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in <br />ORS 279.445. Any contractor shag announce the foregoing in any subcontract issued. <br />5. Hours of Labor (ORS 279.316) <br />No person shall be employed for more than ten (10) hours In any one day or forty {40) hours in any one <br />week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in <br />such cases, the empbyee shall be paid at least time and a half pay for all overtime in excess of eight <br />(8) hours in any one day and forty (40) hours in any one week, when the work week consists of five <br />consecutive days, Monday through Friday, or for all overtime in excess of ten (10) hours in one day or <br />forty (40) hours in one week, when the work week is four consecutive days, Monday through Friday, <br />and for work performed on Saturday and on any legal holiday specified in ORS 279.334. The <br />Contractor must give notice to employees who perform work on this contract, in writing, either at the <br />time of hire or before commencement of work on this contract, or by posting a notice in a location <br />frequented by employees, the number of hours per day and days per week that the employees may be <br />required to work. <br />6. Payment for Medical Care and Attention to Employees (ORS 279.320) <br />6.1 The Contractor shall promptly as due, make payment to any person, co-partnership or association <br />or corporation furnishing medical, surgical, and hospital care or other needed care and attention, <br />Standard Contract Provisions for PubiicWorks -Page 2 <br />(Revised July 2001) <br />