Admin Order 44-23-01-F -- Final Public Contracting Rule 2022

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Exhibit A to Administrative Order No. 44-23-01-F City of Eugene Public Contracting Rules 2022 – Part 1 Page 3 date of final payment under the contract, unless a shorter period is authorized by the Purchasing Agent in writing. b) 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 (3) 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. 6) Right to Inspect Plant. a) Time for Inspection. The Purchasing Agent may, at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor that is related to the performance of any contract awarded. b) Contractual Provisions. Contracts may provide that the Contracting Agency 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. c) 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. d) Location. When an inspection is made in the plant or place of business of a contractor or subcontractor, such contractor or subcontractor shall provide without charge all reasonable facilities and assistance for the safety and convenience of the Person performing the inspection or testing. e) Time of Testing or Inspection. Inspection or testing of supplies and Services performed at the plant or place of business of any contractor or subcontractor shall be performed at reasonable times during normal business hours. f) Inspection of Construction Projects. Onsite inspection of construction shall be performed in accordance with the provisions of the contract. 7) Termination in the Public Interest. a) Termination Provisions. Every contract shall contain a provision that allows the Contracting Agency to terminate the contract for any reason considered by the Contracting Agency to be in the public interest. Reasons for termination in the public interest include but are not limited to: A) The contractor cannot complete the work for reasons beyond the control of either the contractor or the Contracting Agency; B) Necessary materials are not available; C) A lack of funds; D) A phenomenon of nature of catastrophic proportions or intensity; E) Executive orders of the President related to national defense; F) Congressional or state acts related to funding or changes in applicable laws; or G) The presence of other circumstances or conditions such that it is impracticable within a reasonable time to complete the work. b) Payment When Contract Is Terminated. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual items of work completed under the contract, or by mutual agreement, for items of work partially completed. No claim for loss of anticipated profits will be allowed. c) Payment for Construction Services. The Contracting Agency may provide in a contract for construction Services, detailed provisions under which the contractor shall be entitled, as a matter of right, to compensation upon termination of the contract on account of any reason considered to be in the public interest. 8) Governing Law; Jurisdiction.