GJN4596 Elms Contract #2009-00011

New Search

(b) The City of Eugene shall not be liable, either directly or indirectty, in any dispute arising out of lhe substance or procedure of ContreUOr's drug testing program. Nothing in this drug testing provision shall be consUued as requiring Contractor lo violate any legal, induding constilutional, nghts or any employee, induding but not limited to, selection of which employees to test and the manner of such testing. The City shall not be liable tor Contradors negligence in eshablishing or implementlng, failure lo establish or implement a drug tesdng policy, or for any damage or injury pused by Contrector's employees ading under the influence of drugs while performing work coveied by this contract. These are Contractor's sole responsibilities and nothin9 in this provision is intended to create any third party benefdary rights against the City. 3. ORS 279C.510 Demolition contracts to require material salvage; lawn and landswpe maintenance contracts to require composting or mulching. ~ 3.1. If this public improvement contract indudes demolition, the conVactor shall salvage or recycle consVUCtion and demolition debris, if feasible and mst-effective. 32. If this public impmvement contract inGudes services for lawn and landscape mainlenance the contractor shall compost or mulch yard waste material at an approved site. 4. ORS 279C.515 CondiHons concerning payment of claims 6y public o~cers, payment to persons furnishing labor or materials, and complaints. 4.1. If the Contractor fails, neglects or refuses to make prompt payment of any daim for labor or services furnished to the contractor or a subcontractor by any person in connectlon with this contract as the Gaim becomes due, the City may pay such daim to the person fumishing ihe labor or services and charge the amount of the payment against funds due or to become due ihe Contractor by reason of the contract. 42. If the Contractor or a firsl-tier subcontractor fails, neglects or refuses to make payment to a person fumishing labor or matenals in connection with the contract within 30 days after receipt of payment from the City or the Contractor, the ConUaclor or frst-tler subcontraclor shall owe the person the amount due plus interest charges commencing al the end of the 10-day period that payment is due under ORS 279C.580(4) and ending upon final payment, unless payment is subject to a good faith dispute as deFlned in ORS 279C.580. The rale of interest charged W the Contractor or first-tier 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 disVict that inGudes Oregon on the date fhat is 30 days after the date when payment was received from the contrac6ng agency or from the Contractor, but the rate of interest may not exceed 30 percent. The amount of interest may nol be waived. .4.3. If the Contractor or a suboonVactor fails, neglects or refuses to make payment W a person fumishing labor or matenals 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 deFlned in ORS 279C.580. 4.4. The payment of a claim in the manner authorized in this section does not relieve the Contractor or the mntraclor's surety from obligatlon with respect to any unpaid claims. 5. ORS 279C.830 Public Works Bond 5.1 A contractor or subconUactor, unless exempt under ORS 279C.800 to 279C.870, shall file wifh the ConsWCtion Contractors Board a public works bond wiM a corporate surety authorized to do business in this state in ttie amount of $30,000. The bond must provide that the contractor or subcontractor will pay Gaims ordered by the Bureau of Labor and Industries to workers performing labor under Public Works projecfs. Before permitting a subconVactor to start work on a Public Works project, the contractor shall venfy the subcontractor has also filed a public works bond with the ConsWction Contractors Board. 52 Before starting work on a conVacl for a Public Works project, the contractor shall provide lhe Ciry with a written statement certifying contractor and any subcontractor have filed a public works bond as required above. 6. ORS 279A120 Nonresident Contrectors. 6.1. As used in this sedion, "nonresident contraGOr' means a contreGOr that: (A) has not paid unemployment taxes or inwme 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 contrect that it was not a"resident bidder" under ORS 279A.120. 62. If the Contraclor is a nonresident conVactor and the contract price exceeds'i~ O,OOD, the Contractor shall promptly report W the Departrnent of Revenue on forms to be provided by the Department of Revenue Ne total wnVad Dnce, terms of payment, length of contract and such other information as the Depar6nent of Revenue may. require before the ConVactor may receive Flnal payment on [he public conVact. The City may nol award a Public Improvement contract or a Public Works ConVact lo a nonresident bidder that is an educational service district The Ciry shall sadsfy itself that the requirement of this subsection has been complied with before the City issues a Flnal payment on a public contrad. Standard Contrect Provisions--Page 2 (Revised December 2005)