GJN3827 GPR Data Contract - Laserfiche WebLink

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extensions. The failure of Contrador to have, or to maintain such a drug testing program is grounds for rejection of a bid or immediate termination of this contact. (b) 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 of 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 benefidary rights against the City. 3. ORS 279C.510. Demolition contracts to require material salvage; lawn and landscape maintenance contracts to require composting or mulching. 3.1 If this public improvement contract includes demoliton, the Contractor shall salvage or recycle construction and demolition debris, ff feasible and cost-effective. 3.2 If this public improvement contract includes services for lawn and landscape maintenance, the Contractor shall compost or mulch yard waste material at an approved site. 4. ORS 279C.515. Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials, and complaints. 4.1 If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or seMces furnished to the Contractor or a subcontractor by any person in connection with this contract as the claim becomes due, the City may pay such claim to the person furnishing the labor or seMces and charge the amount of the payment against funds due or to become due the Contractor by reason of the contract. 4.2 If the Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the contract within 30 days after receipt of payment from the City or the Contrador, the Contrador or first-tier subcontractor shall owe the person the amount due plus interest charges commenting at the end of the 10-day period that payment is due urxter ORS 2790.580(4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 2790.580. The rate of interest charged to the Contrador orfirst-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commertial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the Contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. 4.3 If the Contrador or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 2790.580. 4.4 The payment of a claim in the manner authorized in this section does not relieve the Contractor or the Contractor's surety from obligation with respell to any unpaid claims. 5. ORS 279A.120. Nonresident Contractors. 5.1 As used in this section, "nonresident contractor" means a contractor that: (A) as not paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract, (B) does not have a business address in this state and (C) stated in the bid for the contract that it was not a "resident bidder" under ORS 279A.120. 5.2 If the Contractor is a nonresident contractor and the contract price exceeds x10,000, the Contractor shalt promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before the Contractor may receive final payment on the public contract. The City shall satisfy itself that the requirement of this subsection has been complied with before the City issues a final payment on a public contract. 6. ORS 2790.530. Condition conceming payment for medtcai care and providing workers' compensation. 6.1 The Contrador and all subcontractors shall promptly, as due, make payment to any person, copartnership, assotiation or corporation furnishing medical, surgical and hospital care services or other needed care and attention, inddent to sickness or injury, to the employees of the Contractor or subcontractor, as applicable, of all sums that the Contractor or subcontractor, as applicable, agrees to pay for the seMces and all moneys and sums that the Contractor or subcontractor, as applicable, collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. This cover sheet and the City's original contract are to be sent to the City Recorder's Once. The contractor should receive one original. The department is advised to keep a copy of the contract.