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fib} The City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the substance ar <br />procedure of Contractor's drug testing program. Nothing in this drug testing prevision shall be construed as requiring <br />Contractor to violate any legal, including constitutional, rights ar any employee, including but eat limited ta, selection of <br />which employees to test and the manner of such testing. The City shall not be liable for Contractor's negligence in <br />establishing or implementing, failure to establish or implement a .drug testing policy, or for any damage or injury caused by <br />Contractor's employees acting under the influence of drugs while performing wank covered by this contract. These are <br />Contractor's sole responsibilities and nothing in this provision is intended to create any third party beneficiary rights against <br />the City. <br />3. ORS 219C.510 Demolition contracts to require material salvage; lawn and landscape maintenance contracts to require <br />composting or mulching. <br />3.1. If this public improvement contract includes demalitian, the Cantractar shall salvage ar recycle construction and demalitian <br />debris, if feasible and cost-effective. <br />3.Z. If this public improvement contract includes services for lawn and landscape maintenance the contractor shall compost ar <br />mulch yard waste material at an approved site. <br />4,` ORS ~79G,515 Conditions concerning payment of claims by public officers, payment to persons furnishing labor or <br />materials, and complaints. . <br />4.1. !f the Contractor fails, neglects ar refuses to make prompt payment of any claim for lobar ar services furnished to the <br />contractor or a subcontractor by any person in connection with this contract as the claim becomes due, the City may pay <br />such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to <br />become due the Cantractar by reason of the contract. <br />4.2. If the Cantractar or afirst-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or <br />materials in connection with the contract within 30 days after receipt of payment Pram the City or the Contractor, the <br />Cantractar ar first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of <br />the 10-day period that payment is due under ORS 2190.580(4}and ending upon final payment, unless payment is subject <br />to a goad faith dispute as defined in OR5 2790.580. The rate of interest charged to the Contractor arfirst-tier <br />subcontractor an the amount due shall equal three times the discount rate an 90-day commercial paper in effect at the <br />Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when <br />payment was received from the contracting agency ar from the Contractor, but the rate of interest may not exceed 30 <br />percent. The amount of interest may eat be waived. <br />4.3. If the Cantractar or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in <br />connection with the public improvement contract, the person may file a complaint with the Ganstruction Contractors Board, <br />unless payment is subject to a goad faith dispute as defined in ORS 2790.580. <br />4.~4. The payment of a claim in the manner authorized in this section does not relieve the Contractor ar the contractor's surety <br />from obligation with respect to any unpaid claims. <br />5. ORS 2790.830 Public Works Bond <br />5.1 A contractor or subcontractor, unless exempt under ORS 2790.800 to 2T9C.870, shall file with the Construction <br />Contractors Board a public works bond with a corporate surety authorized to da business in this state in the amount of <br />$30,000. The bond must provide that the Cantractar or subcontractor will pay claims ordered by the Bureau of Lobar and <br />Industries to workers performing lobar under Public Vllarks projects. Before permitting a subcontractor to start work on a <br />Public Works project, the contractor shall verify the subcontractor has also filed a public works bond with the Construction <br />Contractors Board. <br />5.2 Before starting work on a contract for a Public Works project, the contractor shall provide the City with a written statement <br />certifying Cantractar and any subcontractor have filed a public works bond as required above. <br />6. ORS 279A.120 Nonresident Contractors. <br />fi.1. As used in this section, "nonresident Cantractar" means a contractor that: (A}has not paid unemployment taxes ar income <br />taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid far the contract, <br />~B}does eat have a business address in this state and ~C} stated in the bid far the contract that it was eat a "resident <br />bidder" under ORS 279A.120. <br />6.Z. If the Contractor is a nonresident Cantractar and the contract price exceeds $10,000, the Contractor shall promptly report to <br />the Department of Revenue on forms to be provided by the Department of Revenue the total contract price, terms of <br />payment, length of contract and such other information as the Department of Revenue may require before the Cantractar <br />may receive final payment on the public contract. The City may not award a Public Improvement contract ar a Public <br />Works Contract to a nonresident bidder that is an educational service district. The City shall satisfy itself that the <br />requirement of this subsection has been complied with before the City issues a final payment on a public contract. <br />Standard Contract Provisions--Page 2 <br />Revised December 2005} <br />