GJN3825 Lile-Eugene Moving & Storage Contract

New Search

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 279312(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 constr~ied 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 f - or implementing, failure to establish or implement a ding testing pol icy, 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 279348 - 279380) 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 contrack. Contractor will comply with the provisions of ORS 279.350 and all applicable provisions of ORS 279.348 to 279.380. 1 l.2 The Contractor or the Contractor's surety and every Subcontractor or the Subcontracta'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 Earths 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. 11.3 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. .2 For any project exceeding 90 days from the date of award of this contract to the date of completion of work under this contract, statements shall be submitted once before the first payment is made, at 90 day intervals thereafter, and once before final payment is made of any sum due under this contract. 11.4 Bureau of Labor and Industries Fee. The Contractor is required to pay a fee to the Bureau of Labor and Industries pursuant to the provisions of ORS 279.352 (2) and the administrative rule of the Commissioner. The fee isone-tenth of one percent (0.1 percent) of the price of this contract, but not less than S 100 nor more than 55,000, regardless of the contract price. The fee shall be paid on or before the first progress payment or 60 days from the date work first began on the contract, whichever comes first. The fee is payable to the Bureau of Labor and Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor and Industries Wage and Hour DIvislon Prevailing Wage Unit 800 NE Oregon Street, #32 Portland, OR 97232 Standard Contract Provisions for Public Works -Page 4 {Revised Jufy 2001 }