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EXHIBIT A
<br />CITY OF EUGENE - STANDARD CONTRACT PROVISIONS
<br />Contracts Subject to ORS Chapter 279C
<br />Services of Architects, Engineers, Land Surveyors and Related Consultants on Public Improvements
<br />Construction services
<br />Labor and Services for Public Improvements and
<br />Public Works Subject to ORS 279C.800 to 279C.870
<br />The following provisions, if applicable, are hereby included in and made 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, 1971, the revised statutes of the State of
<br />Oregon, and Federal laws, rules, regulations, and guidelines. THE CONTRACTOR AND EVERY SUBCONTRACTOR SHALL
<br />INCLUDE THESE PROVISIONS IN EVERY SUBCONTRACT SO THAT THESE PROVISIONS WILL APPLY TO, AND BE
<br />BINDING ON EVERY SUBCONTRACTOR. Failure to comply with any of the applicable provisions below shall be a material
<br />breach of the contract and may result in debarment of the Contractor or subcontractor from City contracts for up to three (3) years.
<br />1. Fair Employment Practice Provisions (Eugene Code, 1971, Section 4.625)
<br />1.1. During the performance of this contract, the Contractor agrees as follows:
<br />(a) The Contractor and each subcontractor agrees that it will not discriminate against any employee or applicant for
<br />employment because of an individual's race, religion, color, sex, national origin, marital status, familial status, age, sexual
<br />orientation or source of income, a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262, or
<br />because an individual is a person with a disability which, with reasonable accommodation by the employer does not
<br />prevent the performance of the work involved, unless based upon a bona fide occupational qualification reasonably
<br />necessary to the normal operation of the employer's business.
<br />(b) The Contractor and all subcontractors employing 15 or more individuals will develop and implement an affirmative
<br />action plan to insure that applicants are employed, and that employees are treated during employment, without regard to
<br />their race, color, sex, age or national origin. Such plan shall include, but not be limited to the following: employment,
<br />upgrading, demotion, transfer, recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of
<br />compensation and selection for training, including apprenticeship.
<br />(c) The Contractor and each subcontractor agrees to post in conspicuous places, available to employees and applicants
<br />for employment, notices to be provided by the Human Rights Commission setting forth the provisions of this
<br />nondiscrimination 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 documentation, and permit any inspection of records as may be required or authorized by rules adopted by the
<br />city manager to determine compliance with paragraph 1.1 above.
<br />1.3. If upon an investigation conducted pursuant to rules adopted by the city manager in accordance with section 2.019 of the
<br />Eugene Code, 1971 there is reasonable cause to believe that the Contractor or any subcontractors of the Contractor have
<br />failed to comply with any of the terms of paragraphs 1.1 or 1.2, a determination thereof shall be made in accordance with
<br />the adopted rules. Such determination may result in the suspension, cancellation or termination of the principal contract
<br />in whole or in part and/or the withholding of any funds due or to become due to the Contractor, pending compliance by the
<br />Contractor 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 to the contractor labor or material for the performance of
<br />the work provided for in 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 city on account of any labor or material furnished.
<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 will 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
<br />(Revised December 2005)
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