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on amounts due in the case of each payment not made in accordance with the payment clause <br /> included in the subcontract pursuant to paragraph 9.1.1 of this subsection. A contractor or first-tier <br /> subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor <br /> or first-tier subcontractor did not make payment when payment was dus is that the contractor or <br /> first-tier subcontractor did not receive payment from the City of Eugene or contractor when <br /> payment was due. The interest penalty shall be: <br /> 9.1.2.1 For the period beginning on the day after the required payment date and ending on the <br /> date on which payment of the amount due is made; and <br /> 9.1.2.2 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 perfom~anoe of such contract <br /> condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest <br /> penalty clause conforming to the standards set forth in subsections 9.1.1 and 9.1.2 and requiring each of is <br /> subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. <br /> 9.3 None of the provisions of thts 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 /> <br /> 10. Drug Testing. (ORS 279.312(2)) <br /> 10.1 The Contractor shatl demonstrate that an empbyee 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 /> extenswns. 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 shag not be Nab(e, either directly or indirectly, in any dispute arising out of the <br /> substance or procedure of Contractor's drug testing program. Nothing in this drtg testing provision shall <br /> tie construed as requiring Contractor to violate any legal, including constitutional, rights or any empbyee, <br /> including but not limited to, selection of which empbyees to test and the manner of such testing. The City <br /> shaft 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 Contractors employees acting <br /> under the influence of dugs while performing work covered by this contract. These are Contractors sole <br /> responst'bilities and nothing in this provision is intended to create any third party benefx~ary rights against <br /> the City. <br /> 11. Prevailing Wage Provisions. (ORS 279.348 - 279.380) <br /> i 1.1 The hourly rate of wage to be paid by the Contractor and all subcontractors to workers under this contract <br /> shalt not be less than the prevailing rate of wage for an hours work in the same trade or occupation in the <br /> 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 surely 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 Irxfustries 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 certificate and statement shall be verified by <br /> the oath. of the Contractor or the Contractors surety or Subcontractor or the Subcontractors 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 shall <br /> set out accurately and completely the payroll records for the prior week including the name and address <br /> of each worker, the workers correct classification, rate of pay, daily and weekly number of hours worked, <br /> 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 shaft e(so 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 /> Standard Contract Provisions for Public Works -Page 4 <br /> (Revised Juty 20Q1) <br /> <br />