GJN3693 Sperry Tree Care Contract

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orfirst-tier subcontractor shat! not be obligated to pay an interest penalty ff the only reason that the contractor orfirst-tier subcontractor did not make payment when payment was due is that the contractor orfirst-tier subcontractor did not receive payment from the City of Eugene or contractor when payment was due. The interest penalty shall be: For the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and 2. Computed at the rate specified in ORS 279.314{2). 9.2 The Contractor shall include in each of its subcontractors, for the purpose of pertormance of such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards set forth in subsections 9.1.1 and 9.1.2 and requiring each of is subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. 9.3 None of the provisions of this section 9 are intended to prevent the Contractor or any subcontractor from including in its contracts the provisions described in ORS 279.445(6) and (7). 10. Drug Testing. (ORS 279.312(2)) 10.1 The Contractor shall demonstrate that an employee drug testing program is in place at the time of submitting its bid, and that such program will be maintained throughout the contract period, including any extensions. The failure of Contractor to have, or to maintain such a drug testing program is grounds for rejection of a bid or immediate termination of this contact. 10.2 The City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the substance or procedure of Contractor's drug testing program. Nothing in this drug testing provision shall be construed as requiring Contractor to violate any legal, including constitutional, rights or any employee, including but not limited to, selection of which employees to test and the manner of such testing. The City shall not be liable for Contractor's negligence in establishing or implementing, failure to establish or implement a drug testing policy, or for any damage or injury caused by Contractor's employees acting under the influence of drugs while performing work covered by this contract. These are Contractor's sole responsibilities and nothing in this provision is intended to create any third party beneficiary rights against the City. 11. Prevailing Wage Provisions. (ORS 279.348 - 279.380) 11.1 The hourly rate of wage to be paid by the Contractor and all subcontractors to workers under this contract shall not be less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality where the labor is performed as set forth in the specifications for this contract. Contractor will comply with the provisions of ORS 279.350 and all applicable provisions of ORS 279.348 to 279.380. 11.2 The Contractor or the Contractor's surety and every Subcontractor or the Subcontractor's surety shall file certified statements with the City in writing using the form prescribed by the Commissioner of the Bureau of Labor and Industries certifying the hourly rate of wage paid each worker which the Contractor or the Subcontractor has employed in the Work under this contract and further certifying that no worker employed upon such public work has been paid less than the prevailing rate of wage or less than the minimum hourly rate of wage specified in this contract. The certificate and statement shall be verified by the oath of the Contractor or the Contractor's surety or Subcontractor or the Subcontractor's surety that the Contractor or Subcontractor has read such statement and certificate and knows the contents thereof and that the same is true to the Contractor's or Subcontractor's knowledge. The certified statements shall set out accurately and completely the payroll records for the prior week including the name and address of each worker, the worker's correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. 1'1.3 Each certified statement shall be delivered or mailed by the Contractor or Subcontractor to the City. A true copy of the certified statement shall also be filed at the same time with the Commissioner of the Bureau of Labor and Industries. Certified statements shall be submitted as follows: For any project 90 days or less from the date of award of the contract to the date of completion of work under the contract, statements shall be submitted once before the first payment and once before final payment is made of any sum due under this contract.