GJN3825 WBGS Contract 2006-03836

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(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 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. 3. ORS 2790.510. Demolition contracts to require material salvage; lawn and landscape maintenance contracts to require composting or mulching. 3.1. if this public improvement contract includes demolition, the contractor shall salvage or recycle construction and demolition debris, if feasible and cost-effective. 3.2. If this public improvement contract incudes services for lawn and landscape maintenance the contractor shall compost or mulch yard waste material at an approved site. 4. ORS 2790.515. 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 services 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 services and charge the amount of the paym ent 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 Ciry or the Contractor, the Contractor orfirst-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under 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 Contractor or first-tler subcontractor on the amount due shall equal three times the discount rate on 90-day commercial 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 Contractor 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 respect to any unpaid claims. 5. ORS 279A.120. Nonresident Contractors. 5.1. As used in this section, "nonresident contractor" means a contractor that: (A) has not paid un~nployment 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 $10,000, the Contractor shall 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 concerning payment for medical care and providing workers' compensation. 6.1. The Contractor and all subcontractors shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident 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 services 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. 6.2. All subject employers working under the contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. Standard Contract Provisions-Page 2 (Revised April 2005)