GJN4299 Bergeson-Boese Contract - Laserfiche WebLink

New Search

subcontractor or contractor's or subcontractor's surety is liable to the affected employees in the amount of their unpaid overtime wages and an additional amount equal to twice the unpaid overtime wages as liquidated damages. 8.9. This section does not apply to financial institutions as defined in ORS 706.008. 9. ORS 2790.800.870 Prevailing Rate of Wage. 9.1. The specifications for the contract contain a provision stating the existing prevailing rate of wage that may be paid to workers in each trade or occupation required for the public works employed in the performance of the contract either by the Contractor or subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the contract. Workers shall be paid not less than the specified minimum hourly rate of wage. 9.2. For Public Works projects subject to ORS 2790.800 to 2790.870 and the Davis-Bacon Act (40 U.S.C. 276a): (1) If the state prevailing rate of wage is higher than the federal prevailing rate of wage, the contractor and every subcontractor on the project shall pay at least the state prevailing rate of wage as required by ORS 2790.800 to 2790.870; and (2) If the federal prevailing rate of wage is higher than the state prevailing rate of wage, the contractor and every subcontractor on the project shall pay at least the federal prevailing rate of wage as required by the Davis-Bacon Act. 9.3. The City shall retain 25 percent of any amount earned by the contractor on the Public Works project until the contractor has filed certified statements of wage rates and payment on a form prescribed by the Commissioner of the Bureau of Labor and Industries. The City shall pay the conVactor the amount retained within 14 days after contractor files the certified statements. The contractor shall retain 25 percent of any amount earned by a first-tier subcontractor on a Public Works project until the first-Ger subcontractor has filed the certified statements. The contractor shall verify the first-tier subcontractor has filed the certified statements before the contractor pays the subcontractor the amount retained, which shall be within 14 days after the first-tier subcontractor files the certified statements. 9.4. The Contractor on every public works project must pay a fee to the Commissioner of the Bureau of Labor and Industries as provided in ORS 2790.825 (1). The fee shall be 0.1 percent of the contract price. However, in no event may a fee be charged and collected that is more than $5,000 or less than $100. The fee shall be paid to the commissioner under the administrative rule of the commissioner. The Contractor shall pay the fee at the time of the first progress payment or 60 days after work on the contract has begun, whichever date is earlier. 10. ORS 279A.110. Discrimination in subcontracting prohibited; remedies. 10.1.The Contractor may not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055. 10.2.By entering into the contract, the Contractor certifies that it has not discriminated and will not discriminate, in violation of subsection7.1, against any minority, women or emerging small business enterprise in obtaining any required subcontract. 11. ORS 2796.240 Exclusion of recycled oils prohibited. Lubricating oil and industrial oil may include recycled oils or oils that are not manufactured from virgin materials. 12. City purchasing agent's right to audit records (Eugene Public Contracting Regulations, 15.4.1). 12.1 Cost or pricing data. The purchasing agent may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data in connection with a conVact to the extent that such books and records relate to such cost or pricing data. Each contract shall also require any person who receives a contract for which cost or pricing data are required, to maintain the books and records that relate to the cost or pricng data for three years from the date of final payment under the contract, unless a shorter period is authorized by the purchasing agent in writing. 12.2 Contract audit. The purchasing agent shall be entitled to audit the books and records of the Contractor or any subcontractor to the extent that the books and records relate to the performance of the contract. The contract shall also require the Contractor and each subcontractor to maintain books and records for a period of three years from the date of final payment under the contract or subcontract, as applicable, unless a shorter period is authorized by the purchasing agent in writing. 13 City purchasing agent's right to inspect plants (Eugene Public Contracting Regulations, 15.4.4). 13.1 Time for inspection. The purchasing agent may, at reasonable times, inspect the part of the plant or place of business of Contractor or any subcontractor that is related to the performance of any contract awarded. 13.2 Contractual provisions. Contracts may provide that the City may inspect supplies and services at the Contractor's or subcontractor's facility and perform tests to determine whether they conform to the contract requirements. 13.3 Procedures for trial use and testing. The purchasing agent may establish operational procedures governing the testing and trial use of equipment, materials, and the application of resulting information and data to specifications or procurement. Standard Contract Provisions--Page 4