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orfirst-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that <br /> <br /> i~ the contractor orfirst-tier subcontractor did not make payment when payment was due is that <br /> the contractor orfirst-tier subcontractor did not receive payment from the City of Eugene or <br /> contractor when payment was due. The interest penalty shall be: <br /> 1. For the period beginning on the day after the required payment date and ending on the date <br /> on which payment of the amount due is made; and <br /> 2. Computed at the rate specified in ORS 279.314(2). <br /> ' 9.2 The Contractor shall include in each of its subcontractors, for the purpose of performance of such <br /> contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an <br /> interest penalty clause conforming to the standards set forth in subsections 9.1.1 and 9.1.2 and requiring <br /> each of is subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor <br /> or supplier. <br /> 9.3 None of the provisions of this section 9 are intended to prevent the Contractor or any subcontractor from <br /> including in its contracts the provisions described in ORS 279.445(6) and (7). <br /> 10. Drug Testing. (ORS 279.312(2)) <br /> 10.1 The Contractor shall demonstrate that an employee drug testing program is in place at the time of <br /> submitting its bid, and that such program will be maintained throughout the contract period, including any <br /> extensions. The failure of Contractor to have, or to maintain such a drug testing program is grounds for <br /> rejection of a bid or immediate termination of this contact. <br /> 10.2 The City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the <br /> substance or procedure of Contractor's drug testing program. Nothing in this drug testing provision shall <br /> be construed as requiring Contractor to violate any legal, including constitutional, rights or any employee, <br /> including but not limited to, selection of which employees to test and the manner of such testing. The <br /> City shall not be liable for Contractor's negligence in establishing or implementing, failure to establish or <br /> implement a drug testing policy, or for any damage or injury caused by Contractor's employees acting <br /> under the influence of drugs while performing work covered by this contract. These are Contractor's sole <br /> responsibilities and nothing in this provision is intended to create any third party beneficiary rights <br /> against the City. <br /> 11. Prevailing Wage Provisions. (ORS 279.348 - 279.380) <br /> 11.1 The hourly rate of wage to be paid by the Contractor and all subcontractors to workers under this contract <br /> shall not be less than the prevailing rate of wage for an hour's work in the same trade or occupation in <br /> the locality where the labor is performed as set forth in the specifications for this contract. Contractor will <br /> comply with the provisions of ORS 279.350 and all applicable provisions of ORS 279.348 to 279.380. <br /> 11.2 The Contractor or the Contractors surety and every Subcontractor or the Subcontractor's surety shall file <br /> certified statements with the City in writing using the form prescribed by the Commissioner of the Bureau <br /> of Labor and Industries certifying the hourly rate of wage paid each worker which the Contractor or the <br /> Subcontractor has employed in the Work under this contract and.further certifying that no worker <br /> employed upon such public work has been paid less than the prevailing rate of wage or less than the <br /> minimum hourly rate of wage specified in this contract. The certficate and statement shall be verified by <br /> the oath of the Contractor or the Contractors surety or Subcontractor or the Subcontractor's surety that <br /> the Contractor or Subcontractor has read such statement and certificate and knows the contents thereof <br /> and that the same is true to the Contractors or Subcontractors knowledge. The certified statements <br /> shall set out accurately and completely the payroll records for the prior week including the name and <br /> address of each worker, the workers correct classification, rate of pay, daily and weekly number of hours <br /> worked, deductions made, and actual wages paid. <br /> 11.3 Each certified statement shall be delivered or mailed by the Contractor or Subcontractor to the City. A <br /> true copy of the certified statement shall also be filed at the same time with the Commissioner of the <br /> Bureau of Labor and Industries. Certified statements shall be submitted as follows: <br /> 1. For any project 90 days or less from the date of award of the contract to the date of completion of <br /> work under the contract, statements shall be submitted once before the first payment and once <br /> before final payment is made of any sum due under this contract. <br /> <br />