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. ~ ~ ~ ~ REVISED "FEBRUARY X009 <br /> - (b) The City of Eugene shall not be liable, either directly or indirectly, in.anydispute-arising out of the substance or ' <br /> • procedure of Contractor's drug testing program., Nothing in this drrig testing provisionshall.be construed as requiring - <br /> • ~ Contractorto violate any legal, including constitutional, rights' o[ any employee, inducting tiut not limifed to, selection of <br /> - ~ which employees to test and the mangier of such testing. The City shall. not be liable for Contractors negligence in ~ • <br /> • establishing or implementing, failure to establish or.implement-a drug testing policy, or for anydamage or injury caused by <br /> • Contractors. employees acting under the influence of drugs while performing work covered by this contract. Ttiese are <br /> - Contractors sole responsibilifies and nothing in this provision. is intended to create any third party benefidary rights <br /> . against the City. - _ - <br /> 3. ORS 279C.51D Demolition contraats to regwire material salvage; lawn and landscape maintenance eontracfs to <br /> • ~ require composfing.or mulching. : - <br /> 3.1. If this public improvement contract indudes demolition; the contractor shall salvage or recyde construction aril demolition <br /> debris, if feasible'and cost-effective. - ' <br /> '3.2. if this public improvement contract includes services.for lawn and landscape maintenance the contractor shall compost or <br /> - mulch yard waste material at an approved site. - ~ ~ - <br /> • 4. -ORS 2790.515 Conditions concerning payment of,claims by putilic officers, payment to persons furnishinglabor or <br /> - ~ materials; and complaints. <br /> • .4.1.. ff the Contractor fails; neglects •or refuses to make prompt payment of any claim for labor or services furnished to the <br /> <br /> - contractor or a subcontractor. by any person in connection with tills contract as the claim becomes due; the City may pay <br /> ' such claim to the person furnishing .the labor or services: and charge ttie amount of the payment against funds due or to <br /> iiecome due the Contractor byreason"ofthecontract. - <br /> 4:2. _ If the Contractor or a first-tier subcontractor fails: neglects or refuses Ito make payment to a.person. fumishirig labor or <br /> • - materials in connection with the contract within-30.days afte~.receiptof payment from the City`or the Contractor, the <br /> Contractor'or first=tier scbcontractog shall owe the person, the amount`due plus interest charges commenting: at the end of <br /> the 10•day period that payment is due under ORS ~79C.580(4) and'ending upon final payment, unless payment is subject <br /> to a good faith dispute as defined tn-ORS 2790.580. The rate of interestcharged fo the Contractor or first <br /> fier. <br /> - ~ subcontractor on the amount due shall equal three° times the discount rate on 90-day commercial paper jn effect at the <br /> Federal Reserve Bank.in the Federal Reserve district that incudes Oregon on the date that is 30 days after the dafe when ' <br /> payment,was received'from the contracting agency or frotrf the Contractor; liut•the rate. of interest may not'exceed 30` <br /> - - percent. The amouht of interest may not tie waived. ' <br /> 4.3: If the Contractor or a subcontractor fails, neglects or refuses to make, payment to a .person furnishing labofor materials in <br /> connection with the public improvement contract, the person may file a complaint'with the Construction Contractors - <br /> - Board, unlesspayment is subject to a good faith dispute as, defined. in ORS 27.90,580. _ <br /> _ i <br /> a ~ imaa~hernaaner~utUarazed..in-thisectina does~iotielieu~de;Coatractoc-or~he~oontractor~.suretl~ <br /> from obligation with respect.fo any unpaid- daims. <br /> - • 5. ORS 2790.830 Public Works Bond' - <br /> 5.1 A contractor or subcontractor, unless exempt uhder ORS 279C.SOtl o 2790.870, shall file with the Constnicfion <br /> ..Contractors Board a public works bond with a corporate surety authorized to do business. in this state in the amountof <br /> ' - X30,000. The bond must provide. that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and <br /> - Industries to workers performing labor under Rublic Works projects. ,Before permitting a subcontractor to startwork 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 contractor and any subcontractor have filed a public works bond as required above. ' <br /> 6. ORS 279A120 Nonresident Contractors. - <br /> • 6.1. , As used in this section, "nonresident contractor" means a contractor that: (A) has not paid`,unemployment taxes or. income <br /> taxes in tfie state of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract, <br /> • ~ - (B) does not have a business address in,this state and (0) stated in the bid for the contract that it was not a "resident . <br /> bidder' under ORS.279A.120. , <br /> ' 6.2.- If the Contractor is a nonresident contractor and the contract price exceeds $10,OOt7, the Contractor shall promptly report <br /> to 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 Contractor <br /> may receive final payment on the public contract. The City may not award a Public Improvement contract or 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 ttie City issues a final payment on a public contract <br /> Standard Contract Provisions-Page 2 <br /> <br />