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EXHIBIT A
<br />CITY OF EUGENE -STANDARD CONTRACT PROVISIONS
<br />Contracts Subject to ORS Chapter 279C
<br />Services of Architects, Engineers, Land Surveyors and Related Consultants on Public Improvements
<br />Construction Services
<br />Labor and Services for Public Improvements and
<br />Public Works Subject to ORS 279C,800 to 279C.870
<br />The following provisions, if applicable, are hereby inducted in and made a part of the attached contract for a public work
<br />between the City of Eugene and the Contractor named thereon as provided for in the Eugene Code, 1971, the revised
<br />statutes of the State of Oregon, and Federal laws, rules, regulations, and guidelines. THE CONTRACTOR AND EVERY
<br />SUBCONTRACTOR SHALL INCLUDE THESE PROVISIONS IN EVERY SUBCONTRACT SO THAT THESE
<br />PROVISIONS WILL APPLY TO, AND BE BtNDtNG ON EVERY SUBCONTRACTOR. Failure to comply with any of the
<br />applicable provisions below shall be a material breach of the contract and may result in debarment of the Contractor or
<br />subcontractor from City contracts for up to three (3) years.
<br />1. Fair Employment Practice Provisions (Eugene Code, 1971, Section 4.625)
<br />1.1 During the performance of this contract, the Contractor agrees as folbws:
<br />(a) The Contractor and each subcontractor agrees that it will not discriminate against any employee or
<br />applicant for employment because of an individual's race, religion, color, sex, national origin, marital status,
<br />familial status, age, sexual orientation or source of income, a juvenile record that has been expunged pursuant
<br />to ORS 419A.260 and 419A.262, or because an individual is a person with a disability which, with reasonable
<br />accommodation by the employer does not prevent the performance of the work involved, unless based upon a
<br />bona fide occupational qualification reasonably necessary to the normal operation of the employer's business.
<br />(bj The Contractor and ail subcontractors employing 15 or more individuals will develop and implement an
<br />affirmative action plan to insure that applicants are employed, and that empbyees are treated during
<br />employment, without regard to their race, cobr, sex, age or national origin. Such plan shall tndude, but not be
<br />limited to the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff
<br />or termination, rates of pay or other forms of compensation and selection for training, inducting apprenticeship.
<br />(c) The Contractor and each subcontractor agrees to post in conspicuous places, available to employees and
<br />applicants for employment, notices to be provided by the Human Rights Commission setting forth the provisions
<br />of this nondiscrimination dause.
<br />1.2 The Contractor and each subcontractor will, prior to commencement and during the term of the contrail;
<br />provide to the City such documentation, and permit any inspection of records as may be required or authorized
<br />by rules adopted by the dty manager to determine compliance with paragraph 1.1 above.
<br />1.3 If upon an investigation conducted pursuant to rules adopted by the dty manager in accordance with section
<br />2.019 of the Eugene Code, 1971, there is reasonable cause to believe that the Contractor or any
<br />subcontractors of the Contractor have failed to comply with any of the terms of paragraphs 1.1 or 1.2, a
<br />determination thereof shall be made to accordance with the adopted rules. Such determination may result in
<br />the suspension, cancellation or termination of the prindpal contract in whole or in part and/or the withholding of
<br />any funds due or to become due to the Contractor, pending compliance by the Contractor and/or its
<br />subcontractors, with the terms of paragraphs 1.1 and 1.2.
<br />2. ORS 279C.505: Conditions concerning payment, contributions, (lens, withholding; drug testing.
<br />2.1 Prompt Payment. The contractor shall:
<br />(a) Make payment promptly, as due, to aN persons supplying to the Contractor labor or material for the
<br />performance of the work provided for in the contract.
<br />(b} Pay all contributions or amounts due the Industrial Acddent Fund from the Contractor or subcontractor
<br />incurred in the performance of the contrail.
<br />(c} Not permit any lien or daim to be filed or prosecuted against the City on account of any labor or material
<br />famished.
<br />(d) Pay to the Department of Revenue al! sums withheld from empbyees under ORS 316.167.
<br />2.2 Drug Testing.
<br />(a) 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, inducting any
<br />This cover sheet and the City's original contract are t0 be sent to the City Recorder's
<br />Office. The contractor should receive one original. The department is advised to keep
<br />copy of the contract.
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