, ,. <br />EXHIBIT A <br />CITY OF EUGENE • STANDARO CONTRACT PROVISIONS <br />Contracts Subject to ORS Chapter 279C <br />Services of Architects, Engineers, Land Surveyors and Related Consultants on Public Improvemenls <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 applica6le, are hereby included in and made a part of the attached contract for a public work behveen the <br />City of Eugene and the Contractor named thereon as provided for in the Eugene Code, 1971, the revised statutes of the State of <br />Oregon, antl Federal laws, rules, regulations, and guidelines. THE CONTRACTOR AND EVERY SUBCONTRACTOR SHALL <br />INCIUDE THESE PROVISIONS IN EVERY SUBCONTRACT SO THAT THESE PROVISIONS WILL APPLYTO, AND BE BINDING <br />ON EVERY SUBCONTRACTOR. Failure to comply with any of the applicable provisions below shall be a material 6reach of the <br />conVact and may result in de6arment of the Contrador or subcontractor from City contracts for up to three (3) years. <br />7. Fair Employment Practice Provisions (Eugene Code,1971, Sectian 4.625) <br />1.1. During ihe performance of this contract, the Contractor agrees as follows: <br />(a) The Contractor and each subcontractor agrees that it will not disaiminate against any employee or applicant for <br />employment because of an individuafs race, religion, color, sex, national origin, marital sfatus, familial status, age, sexual <br />orientatlon or source of income, a juvenile record mat has been expunged pursuant to ORS 419A.260 and 419A.262, or <br />because an individual is a person with a disability which, with reasonable accommodation by the employer does not <br />prevent the pertormance of the work involved, unless based upon a bona fde occupational qualifcaGon reasonably <br />necessary to the normal operation of the employer's business. <br />(b) The Contractor and all subcontractors employing 15 or more individuals will develop and implement an affrmative <br />action plan to insure that applicants are employed, and that employees are treated during employment, without regard to <br />their race, color, sex, age or national origin. Such plan shall include, but not be limited to the following: employment, <br />upgrading, demotion, transfer, recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of <br />compensation and selection for training, inGuding apprenticeship. <br />(c) The Contractor and each subcontractor agrees to past in conspicuous places, availabla to employees antl applicants <br />for employment, notices to be provided by the Human Rights Commission setting forth the provisions of this ~ <br />nondiscrimination clause. <br />12. The ConVactor and each subwntracWr will, prior lo commencement and during the term of the contrad, provide to the City <br />such documentation, and permit any inspection of records as may be required or authorized by rules adopted by the city <br />manager to determine compliance with paragraph 1.1 above. <br />1.3. If upon an investigation conducted pursuant to rules adopted by the city manager in accordance with section 2.019 of the <br />Eugene Code, 1971 there is reasonable cause to believe that the Contractor or any subcontractors of the Contractor have <br />failed to comply with any of the terms of paragraphs 1.1 or 12, a determination thereof shall 6e made in accordance with <br />the adopted rules. Such determination may result in the suspension, cancellation or termination of the principal contract in <br />whole or in part and/or the withholding of any funds due or to become due to the Contractor, pending compliance by the <br />Contractor and/or its subcontractors, with the terms of paragraphs 1.1 and 12. <br />2. ORS 279C.505 Canditions concerning paymerk, cantri6utions, liens, withholding; drug testing. <br />2.1. Prompt Payment The contractor shall: <br />(a) Make payment prompNy, as due, to all persons supplying to the contractor labor or material for the performance of the <br />work provided for in the conVact. <br />(b) Pay all wntributions or amounts due lhe Industrial Accident Fund from the contractor or subconUactor incurred in the <br />performance of the contract. <br />(c) Not permit any lien or claim to be fled or prosecuted against the city on account of any labor or material furnished. <br />(d) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. <br />2.2. Orug Testing. <br />(a) The Contractor shall demonstrate that an employee drug testing program is in place at the Eme of submitting ifs bid, <br />and that such program will be maintained throughout the conVact periotl, including any extensions. The failure of <br />Contractor to have, or to maintain such a drug testing program is grounds for rejection of a bid or immediate termination of <br />this contact. <br />Sfandard ConUact Provisions-Page ~ <br />(Revised December 2005) <br />