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shall require every subcontractor or its surety to frle, a statement with the City, in writing, in a <br />form prescribed by the Oregon Commissioner of the Bureau of Labor and Industries (Labor <br />Commissioner), certifying the hourly rate of wage paid each classification of workers <br />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 />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 tower tier <br />'~ subcontractors and su tiers in accordance with the rovistons of 18.1 and 18.2 <br />PP P <br />j 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 />P~IIc Improvement Contract (Comp) -Page 5 <br />(Revised April 1998) <br />