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. ~ ~ ~ REBISED FEBRUARY X009
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<br /> ' EXti161T A -
<br /> • . ~ ~ ~ . ~ : CITY OF EUGENE,- STANDARD CONTRACT PROViS10NS
<br /> • ~ ~ Contracts Subject to ORS Chapter 279G
<br /> Services of Architects, Engineers, Land Surveyors and.Related Consultants on Public Improvements...
<br /> • - -Construction services, '
<br />
<br /> . ~ ~ ~ . Labor and Services for Rubiic improvements and
<br /> . ~ Public Works Subject to ORS 279C.800 to 279C.8T0
<br /> • - The following provisions, if applicable; are hereby included in andmade a part of the attached contract for a•public work between the:
<br /> City of Eugene and the Contractor named thereon as provided for in the Eugene Code, 19Tf; the revised statutes of the State of
<br /> Oregon, and Federal laws, rules; regulations; ahd guidelines: THE CONTRACTOR AKp EVERY SUBCONTRACTOR SHALL
<br /> INCLUDE THESE. PROVI$ION$.IN: EVERYSUBCONTRACT SO THAT~THES(= PROVISIONS WILL APPLY TO, AND~BE '
<br /> .BINDING ON EVERY SUBCONTRACTOR. Failure to comply with ariy of the applicable provisions belowshall be a material
<br /> - breach of the contract and may result in debarment of the Contractor or subcontractor froni•City contracts for up to three {3) years.:.
<br /> •
<br /> FairEmployment Practice.Provisions (Eugene Code,1971, Section 4.625).
<br /> • 1:1.. During.the performanee.ofahis contract, the ConUactor agrees as follows,
<br /> • (a) The Contractor and each subcontractbr agrees that it will not discriminate against any "employee •or.applicant for. ~ _
<br /> • j employment because of an•individual s race; religion, color, sex, national prigin, marital status, familial status, age, sexual
<br /> . :orientation orsoiarce of income
<br /> a uv
<br /> enife record. thathas been expunged pursuant to QRS 419A.280 and 419A.262 or
<br /> beasuse an individual is a person v~nth a. disability which,. with reasonable accommodation by tlie. employer does. not
<br /> prevent the performance of the work involved, unless based. upon a bona fide occupational gWalificatio~ reasonably.
<br /> necessary to the normal operation of the employer's business.
<br /> • ~{b) The Contractor and' alt subcpntractors employing:15 oc more individuals wi11~ deVeJop and implement an affirmative .
<br /> _ . adlon plan,to insure.that applicants are.employed; and that employees are treated during: emplaymen~ without regard to
<br /> . #ieir race, color, sex, age ornational origin. Such plan shall inGude, but not be limited. to the f411owing; .employment, .
<br /> • upgrading, demotion, transfer, recruitment; recruitment advertising, layoff or terrnJnation; rates of pay or other forms of
<br /> .compensation aridaelectipn fpr training; including apprenticeship.
<br /> • (c) ,The Contractpr and each subcontractor agrees to post in. conspicuous places, available to employees acid applicants
<br /> for employment, notices to be provided by the Human Rights Commission setting forth the provisions of this
<br /> notidrscrimination clause. "
<br /> 1.2.: The Contractor and each. subcontractor will; prior to commencement and.during the.term of the contract, provide to the
<br /> . • City such documentatioh, aril permit any inspection of records as. may be required or authoriied by rules adopted by the
<br /> city manager to determine epmpliance ninth. paragraph i.1 above: >
<br /> 1.3. If upon an investigation conducted pursuant to rules adopted. by the dty manager in acx;ordanoe.v~ith section 2:019 of the
<br /> Eugene Code, 197`1 there is reasonable cause to believe that the Contractor or any. subcontractprs of the Contractor halve •
<br /> failed to comply with any of the terms. of paragraphs 1.1 or 1:2,'a determinatipn thereof shall be rTiade in accordance with •
<br /> the. adopted rules: • Such determination may result in the suspension; cancellation or termination .of the prindpal.contract .
<br /> • ira whole or in part and/or the withholding of any funds due or to become due to, the Contractor, pending cQ~npliance by the
<br /> - Contractoc and/or its subcontractors; with the terms of paragraphs 1.1 and' 1.2.. -
<br /> 2. ORS 279C.505 Conditions concerning payment, contributions, liens, withholding; drug testing. .
<br /> 2.1. Prompt Payment. The contractor shall:
<br /> - - (a) .Make payment promptly, as due, to all persons supplying tp the contractor labor or material for the: performance of
<br /> the work provided foc iii the contract.
<br /> •(b) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the
<br /> • performance of the contract.
<br /> (c) . Not permit any lien or claim to be filed or prosecuted against the dty on account of any labor or material famished.
<br /> (d) Pay to the Department of Revenue. all sums withheld from employees under ORS 316.167:
<br /> 2.2. Drug Testing:
<br /> {a) The Contractor shall demonstrate that an employee drug testing program is in place at the time of submitting its bid;
<br /> and That such program'wili be maintained throughout the contract period, 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 /> Standard Contract Provisions-Page 1
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