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~ <br />~ <br />EXHIBIT B <br />PUBLIC CONTRACT PROVISIONS <br />D.1.01 Conditions of public contracts concerning payment of laborers and <br />material men, contributions to Industrial Accident Fund, liens and withholding taaces (ORS <br />279.312). Every public contract shall contain a condition that the contractor shall: <br />(1) Make payment promptly, as due, to all persons supplying to such contractor <br />labor or material for the prosecution of the work provided for in such contract. <br />(2) Pay all contributions or amounts due the Industrial Accident Fund from such <br />contractor or subcontractor incurred in the performance of the contact. <br />{3) Not permit any lien or claim to be filed or prosecuted against the state, <br />county, school district, municipality, municipal corporation or subdivision thereof, on account of <br />any labor or material furnishecl. <br />(4) Pay to the Deparcment of Revenue all sums withheld from employees <br />pursuant to ORS 316.167. ~ <br />D.1.02 Condition concerning payment of claims by public officers (ORS <br />279314). <br />(1) Every public contract shall also contain a clause or condition that, if the <br />contractor fails, neglects or refuses to make prompt payment of any claim for labor or services <br />furnished to the contractor or a subcontractor by any person in connection with the public <br />contract as such claim becomes due, the proper officer or officers representing the state, county, <br />school district, municipality, municipal corporation or subdivision thereof, as the case may be, <br />may pay such claim 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 such contract. <br />(2) The payment of a claim in the manner authorized in this section shall not <br />relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. <br />D.1.03 Condition concerning hours of labor (ORS 279316) <br />(1) Every public contract shall also contain a condition that no person shall be <br />employed for more than ten hours in any one day, or 40 hours in any one week, except in cases <br />of necessity, emergency, or where the public policy absolutely requires it, and in such cases, <br />except in cases of contracts for personal services as defined in ORS 279.051, the employee shall <br />be paid at least time and a half pay: " <br />(A) For all overtime in excess of eight hours a day or 40 hours in any <br />one week when the work week is five consecutive days, Monday through Friday; or <br />0145790.07 <br />