Common use of Provisions Required by State Law Clause in Contracts

Provisions Required by State Law. ‌ A. Design-Builder shall: 1. Make payment promptly, as due, to all persons supplying to the Design-Builder labor or material for the performance of the work provided for in the contract. 2. Pay all contributions or amounts due the Industrial Accident Fund from the Design-Builder or subcontractor incurred in the performance of the Contract. 3. Not permit any lien or claim to be filed or prosecuted against City. 4. Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. 5. Demonstrate that an employee drug testing program is in place. City has the right to audit and/or monitor the program. On request by the City, Design-Builder shall furnish a copy of the employee drug-testing program. 6. Salvage or recycle construction and demolition debris, if feasible and cost- effective. B. If Design-Builder fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Design-Builder or a subcontractor by any person in connection with the public improvement contract as the claim becomes due, the City may pay the claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Design- Builder by reason of the contract. C. If Design-Builder or a First-Tier Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this contract within 30 days after receipt of payment from the City (or in the case of a subcontractor, from Design-Builder), Design-Builder or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to Design-Builder or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the Design-Builder, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. D. If Design-Builder or a Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. E. The payment of a claim in the manner authorized in this section does not relieve the Design-Builder or the Design-Builder’s surety from obligation with respect to any unpaid claims. F. For work under this Contract, a person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in those cases, the employee shall be paid at least time and a half pay: 1. For all overtime in excess of 8 hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or 2. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and 3. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. 4. Design-Builder is not required to pay overtime if the request for overtime pay is not filed within 30 days of completion of the Contract if Design-Builder has posted and maintained in place a circular with the information contained in ORS 279C.545 as required by ORS 279C.545(1). G. Design-Builders and Subcontractors must give notice in writing to employees who perform work under this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. H. Design-Builder shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of Design-Builder, of all sums that Design-Builder agrees to pay for the services and all moneys and sums that the Design-Builder collected or deducted from the wages of employees under any law, Contract or Agreement for the purpose of providing or paying for the services. I. All employers, including Design-Builder, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless exempt under ORS 656.126. Design-Builder shall ensure that each of its subcontractors comply with these requirements. J. Design-Builder shall utilize where applicable, recycled materials if (a) The recycled product is available; (b) The recycled product meets applicable standards; (c) The recycled product can be substituted for a comparable non- recycled product; and (d) The recycled product’s costs do not exceed the costs of non-recycled products by more than 5 percent. K. Design-Builder shall include in each first-tier subcontract, including contracts with material suppliers, a clause that obligates Design-Builder to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of the amounts paid to Design-Builder by City under this contract, and if payment is not made within 30 days after receipt of payment from City, to pay an interest penalty as specified in ORS 279C.515(2) to the first-tier Subcontractor. The interest penalty does not apply if the only reason the delay in payment is due to a delay in payment by City to Design-Builder. Design-Builder shall include in each of Design-Builder’s subcontracts, a provision requiring the first-tier subcontractor to include a similar payment and interest penalty clause and shall require subcontractors to include similar clauses with each lower-tier subcontractor or supplier. Design-Builder shall also include in each first-tier subcontract a clause that requires Design-Builder to provide a standard form that the first-tier subcontractor may use as an application for payment and that requires Design-Builder to use the same form throughout the period of the contract, unless the Design-Builder provides written notice of a change in the form, including a copy of the new form, at least 45 days before change. L. By signing this Contract, Design-Builder certifies that all Subcontractors performing construction work shall be registered by the Construction Contractors Board or licensed by the State Landscape Contractors Board before the subcontractor starts work on the Project. M. By signing this Contract, Design-Builder certifies that it shall comply with Oregon tax laws.

Provisions Required by State Law. ‌ A. Design-Builder shall: 1. Make payment promptly, as due, to all persons supplying to the Design-Builder labor or material for the performance of the work provided for in the contract. 2. Pay all contributions or amounts due the Industrial Accident Fund from the Design-Builder or subcontractor incurred in the performance of the Contract. 3. Not permit any lien or claim to be filed or prosecuted against City. 4. Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. 5. Demonstrate that an employee drug testing program is in place. City has the right to audit and/or monitor the program. On request by the City, Design-Builder shall furnish a copy of the employee drug-testing program. 6. Salvage or recycle construction and demolition debris, if feasible and cost- cost-effective. B. If Design-Builder fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Design-Builder or a subcontractor by any person in connection with the public improvement contract as the claim becomes due, the City may pay the claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Design- Design-Builder by reason of the contract. C. If Design-Builder or a First-Tier Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this contract within 30 days after receipt of payment from the City (or in the case of a subcontractor, from Design-Builder), Design-Design- Builder or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to Design-Builder or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the Design-Builder, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. D. If Design-Builder or a Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with thisthis Contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. E. The payment of a claim in the manner authorized in this section does not relieve the Design-Design- Builder or the Design-Builder’s surety from obligation with respect to any unpaid claims. F. For work under this Contract, a person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in those cases, the employee shall be paid at least time and a half pay: 1. For all overtime in excess of 8 hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or 2. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and 3. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. 4. Design-Builder is not required to pay overtime if the request for overtime pay is not filed within 30 days of completion of the Contract if Design-Builder has posted and maintained in place a circular with the information contained in ORS 279C.545 as required by ORS 279C.545(1). G. Design-Builders and Subcontractors must give notice in writing to employees who perform work under this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. H. Design-Builder shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of Design-Builder, of all sums that Design-Builder agrees to pay for the services and all moneys and sums that the Design-Builder collected or deducted from the wages of employees under any law, Contract or Agreement for the purpose of providing or paying for the services. I. All employers, including Design-Builder, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless exempt under ORS 656.126. Design-Builder shall ensure that each of its subcontractors comply with these requirements. J. Design-Builder shall utilize where applicable, recycled materials if (a) The recycled product is available; (b) The recycled product meets applicable standards; (c) The recycled product can be substituted for a comparable non- recycled product; and (d) The recycled product’s costs do not exceed the costs of non-recycled products by more than 5 percent. K. Design-Builder shall include in each first-tier subcontract, including contracts with material suppliers, a clause that obligates Design-Builder to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of the amounts paid to Design-Builder by City under this contract, and if payment is not made within 30 days after receipt of payment from City, to pay an interest penalty as specified in ORS 279C.515(2) to the first-tier Subcontractor. The interest penalty does not apply if the only reason the delay in payment is due to a delay in payment by City to Design-Builder. Design-Builder shall include in each of Design-Builder’s subcontracts, a provision requiring the first-tier subcontractor to include a similar payment and interest penalty clause and shall require subcontractors to include similar clauses with each lower-tier subcontractor or supplier. Design-Builder shall also include in each first-tier subcontract a clause that requires Design-Builder to provide a standard form that the first-tier subcontractor may use as an application for payment and that requires Design-Builder to use the same form throughout the period of the contract, unless the Design-Builder provides written notice of a change in the form, including a copy of the new form, at least 45 days before change. L. By signing this Contract, Design-Builder certifies that all Subcontractors performing construction work shall be registered by the Construction Contractors Board or licensed by the State Landscape Contractors Board before the subcontractor starts work on the Project. M. By signing this Contract, Design-Builder certifies that it shall comply with Oregon tax laws.

Provisions Required by State Law. ‌ A. Design-Builder shall: 1. Make payment promptly, as due, to all persons supplying to the Design-Builder labor or material for the performance of the work provided for in the contract. 2. Pay all contributions or amounts due the Industrial Accident Fund from the Design-Builder or subcontractor incurred in the performance of the Contract. 3. Not permit any lien or claim to be filed or prosecuted against City. 4. Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. 5. Demonstrate that an employee drug testing program is in place. City has the right to audit and/or monitor the program. On request by the City, Design-Builder shall furnish a copy of the employee drug-testing program. 6. Salvage or recycle construction and demolition debris, if feasible and cost- effective. B. If Design-Builder fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Design-Builder or a subcontractor by any person in connection with the public improvement contract as the claim becomes due, the City may pay the claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Design- Builder by reason of the contract. C. If Design-Builder or a First-Tier Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this contract within 30 days after receipt of payment from the City (or in the case of a subcontractor, from Design-Builder), Design-Builder or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to Design-Builder or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the Design-Builder, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. D. If Design-Builder or a Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. E. The payment of a claim in the manner authorized in this section does not relieve the Design-Builder or the Design-Builder’s surety from obligation with respect to any unpaid claims. F. For work under this Contract, a person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in those cases, the employee shall be paid at least time and a half pay: 1. For all overtime in excess of 8 hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or 2. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and 3. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. 4. Design-Builder is not required to pay overtime if the request for overtime pay is not filed within 30 days of completion of the Contract if Design-Builder has posted and maintained in place a circular with the information contained in ORS 279C.545 as required by ORS 279C.545(1). G. Design-Builders and Subcontractors must give notice in writing to employees who perform work under this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. H. Design-Builder shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of Design-Builder, of all sums that Design-Builder agrees to pay for the services and all moneys and sums that the Design-Builder collected or deducted from the wages of employees under any law, Contract or Agreement for the purpose of providing or paying for the services. I. All employers, including Design-Builder, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless exempt under ORS 656.126. Design-Builder shall ensure that each of its subcontractors comply with these requirements. J. Design-Builder shall utilize where applicable, recycled materials if (a) The recycled product is available; (b) The recycled product meets applicable standards; (c) The recycled product can be substituted for a comparable non- recycled product; and (d) The recycled product’s costs do not exceed the costs of non-recycled products by more than 5 percent. K. Design-Builder shall include in each first-tier subcontract, including contracts with material suppliers, a clause that obligates Design-Builder to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of the amounts paid to Design-Builder by City under this contract, and if payment is not made within 30 days after receipt of payment from City, to pay an interest penalty as specified in ORS 279C.515(2) to the first-tier Subcontractor. The interest penalty does not apply if the only reason the delay in payment is due to a delay in payment by City to Design-Builder. Design-Builder shall include in each of Design-Builder’s subcontracts, a provision requiring the first-tier subcontractor to include a similar payment and interest penalty clause and shall require subcontractors to include similar clauses with each lower-tier subcontractor or supplier. Design-Builder shall also include in each first-tier subcontract a clause that requires Design-Builder to provide a standard form that the first-tier subcontractor may use as an application for payment and that requires Design-Builder to use the same form throughout the period of the contract, unless the Design-Builder provides written notice of a change in the form, including a copy of the new form, at least 45 days before change. L. By signing this Contract, Design-Builder certifies that all Subcontractors performing construction work shall be registered by the Construction Contractors Board or licensed by the State Landscape Contractors Board before the subcontractor starts work on the Project. M. By signing this Contract, Design-Builder certifies that it shall comply with Oregon tax laws.

Provisions Required by State Law. ‌ A. Design-Builder shall: 1. Make payment promptly, as due, to all persons supplying to the Design-Design- Builder labor or material for the performance of the work provided for in the contract. 2. Pay all contributions or amounts due the Industrial Accident Fund from the Design-Builder or subcontractor incurred in the performance of the Contract. 3. Not permit any lien or claim to be filed or prosecuted against City. 4. Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. 5. Demonstrate that an employee drug testing program is in place. City has the right to audit and/or monitor the program. On request by the City, Design-Builder shall furnish a copy of the employee drug-testing program. 6. Salvage or recycle construction and demolition debris, if feasible and cost- effective. B. If Design-Builder fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Design-Builder or a subcontractor by any person in connection with the public improvement contract as the claim becomes due, the City may pay the claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Design- Design-Builder by reason of the contract. C. If Design-Builder or a First-Tier Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this contract within 30 days after receipt of payment from the City (or in the case of a subcontractor, from Design-Builder), Design-Builder or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to Design-Builder or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the Design-Builder, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. D. If Design-Builder or a Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with thisthis Agreement, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. E. The payment of a claim in the manner authorized in this section does not relieve the Design-Builder or the Design-Builder’s surety from obligation with respect to any unpaid claims. F. For work under this Contract, a person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in those cases, the employee shall be paid at least time and a half pay: 1. For all overtime in excess of 8 hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or 2. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and 3. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. 4. Design-Builder is not required to pay overtime if the request for overtime pay is not filed within 30 days of completion of the Contract if Design-Builder has posted and maintained in place a circular with the information contained in ORS 279C.545 as required by ORS 279C.545(1). G. Design-Builders and Subcontractors must give notice in writing to employees who perform work under this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. H. Design-Builder shall promptly, as due, make payment to any person, copartnershipco- partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of Design-Builder, of all sums that Design-Builder agrees to pay for the services and all moneys and sums that the Design-Design- Builder collected or deducted from the wages of employees under any law, Contract or Agreement for the purpose of providing or paying for the services. I. All employers, including Design-Builder, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage, unless exempt under ORS 656.126. Design-Builder shall ensure that each of its subcontractors comply with these requirements. J. Design-Builder shall utilize where applicable, recycled materials if (a) The recycled product is available; (b) The recycled product meets applicable standards; (c) The recycled product can be substituted for a comparable non- recycled product; and (d) The recycled product’s costs do not exceed the costs of non-recycled products by more than 5 percent. K. Design-Builder shall include in each first-tier subcontract, including contracts with material suppliers, a clause that obligates Design-Builder to pay the first-first- tier subcontractor for satisfactory performance under its subcontract within 10 days out of the amounts paid to Design-Builder by City under this contract, and if payment is not made within 30 days after receipt of payment from City, to pay an interest penalty as specified in ORS 279C.515(2) to the first-tier Subcontractor. The interest penalty does not apply if the only reason the delay in payment is due to a delay in payment by City to Design-Builder. Design-Design- Builder shall include in each of Design-Builder’s subcontracts, a provision requiring the first-tier subcontractor to include a similar payment and interest penalty clause and shall require subcontractors to include similar clauses with each lower-tier subcontractor or supplier. Design-Builder shall also include in each first-tier subcontract a clause that requires Design-Builder to provide a standard form that the first-tier subcontractor may use as an application for payment and that requires Design-Builder to use the same form throughout the period of the contract, unless the Design-Builder provides written notice of a change in the form, including a copy of the new form, at least 45 days before change. L. By signing this Contract, Design-Builder certifies that all Subcontractors performing construction work shall be registered by the Construction Contractors Board or licensed by the State Landscape Contractors Board before the subcontractor starts work on the Project. M. By signing this Contract, Design-Builder certifies that it shall comply with Oregon tax laws.