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Scudder & Associates Research
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Scudder & Associates Research
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Last modified
5/11/2010 9:59:27 AM
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PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Contracts
PW_Subject
1995-00328 Marketing Research
Document_Date
5/8/1995
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Payment of Laborers and Materialmen, Contributions to Industrial Accide~t Fund, Liens, and Withholding Taxes <br />(ORS 279.312) <br />The Contractor shall: <br />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 such contract. <br />3.2 Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or subcontractor fncurred In the <br />per/ormance of the 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 w employee <br />thereof on account o/ any labor or material furnished. <br />3.4 Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. <br />Payment oi Claims by Public Officers (ORS 279.314) <br />If the Contractor fails, negiects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or <br />a subcontractor by any person in connection with the public contract as such claim becomes due, the public officer or officers <br />representing the City of Eugene may pay such claims to the person furnishing the labor or services and charge the amount of the <br />payment against funds due or to become due the Contractor by reason of this contract. The payment of a claim in the manner <br />authorized shall not relieve the Contractor or hisR~er surety from his or her obligations with respect to any unpaid claims. <br />Hours of Labor (ORS 279.316) <br />5.1 No person shall be employed for more than eight (8) hours in any one day or forty (40) hours in any one week except in <br />cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of <br />contracts for personal services as defined in ORS 279.051, the laborer shall be paid at least time and a half pay for all <br />overtime 1n excess of eight (8) hours a day and for work performed on Saturday and on any legal holiday specified in <br />ORS 279.334. <br />5.2 In the case of contracts for personal services as defined in ORS 279.051, a laborer shall be paid at least time and a half <br />for all overtime worked in excess of forty (40) hours in any one week, except for individuals under these contracts who <br />are exciuded under ORS 653.Ot0 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving oveRime. <br />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, capartnership or association or corporation <br />fumishing medical, surgical, and hospital care or other needed care and attention, incident to sickness or injury, to the <br />employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and <br />sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or <br />agreement for the purpose of providing or paying for such service. <br />6.2 The Contractor and all employers working under this contract are subject employers, and agree to comply with ORS <br />656.017. ~ <br />Labor Contract Conditions (Eugene Code, 1971, Section 2.030) <br />All contracts wherein labor is required, except contracts for the purchase of materials and supplies, shall contain the following <br />provisions: <br />7.1 The Contractor wiil comply with all provisions required by the statutes of the state, of contractors on a"public contract" as <br />defined in ORS 279.310(1). <br />7.2 The Contractor wiil comply with all requirements of Eugene Code, 1971, Sections 4.613 to 4.650. <br />7.3 The Contractor shall, in the event he/she willtully violates the provisions of this section or knowingly files false affidavits of <br />compiiance, waive for a period of one year any right to bid upon any public works project let by the City. <br />7.4 If a Contractor or subcontractor violates the provisions of this section, the City may, at fts option, terminate said contract <br />or subcontract and said Contractor or subcontractor in such event shall forfeit all rights under his/her contract except to <br />payment for actual labor and materials /urnished to the City. The City may waive in whole or in pa~t any forteitures or <br />sanctions provided in this paragraph. <br />Standard Contract Provisions-Page 2 <br />(Revised November 1994) <br />
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