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<br /> extensions. The failure oT t;antractor tv have, ar ko maintain such a drug testing program iS grar~nds for
<br /> rejection of a bid or immediate termination of this contact,
<br /> Iel The City of Eugene shall not be liable, either dirractly or indirectly, in any dispute arising out of the
<br /> substance or procedure of Contractor's drug telling prngram~ Nokhirig in this drug kBSttng pruvisivrt shall be
<br /> constrz,red as requiring Contractor to violate any legal, including canslifutienal, rights or any employee, including
<br /> but rtiot limned ko, selecllon of which employees kv lest and the manner of such testing. The City shall not be
<br /> liable for tsonkractor's negligence in estabkshing or implemenpng, failure to establish ar impierner~t ~ drug
<br /> testing policy, or for any damage or injury caused by Contractor's employees aclirtg under the influence of
<br /> drugs while performing work cowered by this contract. These are Contractor's sole responsibilities and nothing
<br /> in this provision is intended tv create any third parry beneficiary rights against the City.
<br /> 3. ORS ~T5C,S10 Demolition contracts to regr~ire material salvage; lawn and landscape maintenance contract$
<br /> to require cornpasfing or mulchirtig,
<br /> 3.1. If this public improvement contract includes demolition, the contractor shall salvage or recycle construction and
<br /> demolition debris, if feasible and aost~ffective.
<br /> 3.2. If this public improvement contract includes Services fQr lawn and landscape maintenance the contractor shall
<br /> c~mpasi or mulch yard waste material at an approved like,
<br /> QRS TT~C.~1~ Conditions conc$rning payment of claims by public o#fiicers, payment to persons furnishing
<br /> 1a6or or materials, and complalnks,
<br /> 4,1. II the Contractor fails, neglects or reiuseS to make prompt payment of any claim fqr labor or Services famished
<br /> to the contractor or a subcontractor by any person in c~nnectian with this contract as me claim becomes due,
<br /> the City may pay such claim to khe person l~mishing the labor ar services and charge the amount of the
<br /> payment againsT funds due or to becorire due the Contractor tyy reason of the can~act,
<br /> 4.2. If kttie t,.~ntractor or a first-trier subcontractor fails, neglects or refuses to make payment to a person famishing
<br /> labor cr materials in connection with the contract vrithin 3g days affei receipt of payment from the City or the
<br /> Contractor, the Contractor or first-trier subcarrtractor shall owe the person the amount dire plus interest charges
<br /> commencing at ire end of khe 10~ay period that payment is due under ORS 2T$C.5$~(4jI and ending upon
<br /> final payment, unless payment is subject to a goad faith dispute as defrned in ORS 279C.59U. The rate of
<br /> interest charged to the Contractor or first-tier subcvr~tractor on the amount due shall equal three times the
<br /> discount rate on 90~ay commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district
<br /> that includes Oregon an the lake that is 3g days after khe date wften payment was received from the c~nkracting
<br /> agency or from the Contractor, but the rate of interest may Trot exceed 3g percent, The amount of interest may
<br /> not be vraiwed.
<br /> 4.3. If the Contractor yr a subeonkractar fails, neglects or refuses to make payment to a persarr famishing labor or
<br /> materials in connection with the public improvement conract, the person may fie a complaint with the
<br /> Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.5~D.
<br /> 4.4. The payment of a claim in me manner authorized +n this section does not. relieve the Contractor or the
<br /> cantractof"s surety from obligation rwikh respect to any unpaid claims,
<br /> S. QRS 2TgC.B3G Public 1Narks Bond
<br /> 5.1 A cnrrtractor or subcontractor, un4ess exempt under OR5 ~T9C.8Ut~ to ~TgC,l~TO, shall file with the Construction
<br /> Contractors Board a public wOrkS band with a corporate surety autilcrl2ed to do business in this state in the
<br /> amount of ~3D,Og0. The bond muse provide that the contractor or subcontractor will pay claims ordered 1?y the
<br /> Bureau of l_abpr and Industries to w~rkerS performing labor under Public Works projects, Before permitting a
<br /> subc~vntractor to start w+ark an a Public works project, the contractor shall verity the subcarttracrQr has else filed
<br /> a public rwrks bond with the Construction Contractors Board
<br /> 5,~ Before starting work on a contract for a Public Works projeGk, the contractor shall provide khe City with a written
<br /> statement ce+titying contractor and any subcontractor have filed a public works bond as required above.
<br /> 6. OR3 ~7~Ai2ta ~tonrssident Contractors.
<br /> 8.1. ~ used in this section, "nonresident ~ntrac#nr" means a caarrtractor that: ~A~ has not paid unemployment taxes
<br /> or income taxes in the skate of Oregon during the 12 calendar months immediately preceding submission of the
<br /> bid for tie contract, (B}does not have a business address in this state and f0}slated in the bid for the contract
<br /> that it was not a "resident bidder" under ORS 2T9A.12Q.
<br /> 6.2. If the Contractor is a nonresident contractor and the contract price exceeds $1 D,r~Q, the Contractor shalt
<br /> prompby report to the Deparlmer7t of Revenue on forms to be provided by the Department of Revenue the total
<br /> caniract pace, terms of payment, length of contract and such other Information as the Dapartrnent of Revenue
<br /> may require before the Contractor may receive final payment on the public contract. The City may not award a
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