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labor or Materials under the Contract in the State of Oregon shall comply with ORS <br /> 656.017 and provide the required Workers' Compensation coverage, unless such <br /> employers are exempt under ORS 656.126. The Contractor shall ensure that each of its <br /> Subcontractors complies with these requirements. Contractor shall provide City with <br /> such further assurances as City may require from time to time that Contractor is in <br /> compliance with these Workers' Compensation coverage requirements and the Workers' <br /> Compensation law. The Contractor shall ensure that its insurance carrier files a guaranty <br /> contract with the Oregon Workers' Compensation Division before performing any Work. <br /> <br /> 9. ' Performance and Payment Bonds. Prior to the commencement of the Work, Contractor shall <br /> provide good and sufficient performance and payment bonds approved by City, each in an <br /> amount equal to the 100% of the Contract Sum, for the faithful performance of the Work in all <br /> respects and indemnifying City for any claims or liens for labor, work, equipment or material <br /> provided by others in the performance of the Work. The amount of the performance and payment <br /> bonds shall be increased whenever the Contract Sum is increased for any reason. <br /> 10. Termination and Suspension. City may terminate this contract or suspend the Work at any time <br /> as provided in the Specifications. <br /> 11. Preference For Goods and Services. <br /> 11.1 Contractor shall use recyclable products to the maximum extent economically feasible in <br /> the performance of the contract work set forth in this document. Recycled products <br /> include all materials, goods and supplies, not less than 50 percent of the total weight of <br /> which consists of secondary and post consumer waste with not less than 10 percent of its <br /> total weight consisting of post consumer waste, as well as any product that could have <br /> been disposed of as a solid waste, having completed its life cycle as a consumer item, but <br /> otherwise refurbished for reuse without substantial alteration of the product's form. <br /> 11.2 In performance of the Work, Contractor shall prefer materials that have been <br /> manufactured or produced in the state of Oregon, if price, fitness, availability and quality <br /> are otherwise equal. <br /> 12. Foreign Contractor. If Contractor is not domiciled in or registered to do business in the state of <br /> Oregon, and the Contract Sum exceeds $10,000, City shall not make final payment to Contractor <br /> until Contractor complies with the requirements of ORS 279.021(2)(a) and provides City with <br /> copies of all forms provided to the Department of Revenue. <br /> 13. Laws and Ordinances. In addition to provisions of the laws of the State of Oregon and the <br /> ordinances of the City of Eugene specifically identified in this contract, Contractor shall comply <br /> with and require its Subcontractors to comply with all applicable provisions of Federal, State and <br /> local statutes, ordinances, orders, rules and regulations. <br /> 14. Default and Willful Violation. If the Contractor willfully violates any of the provisions of Sections <br /> 4.615 to 4.650 of the Eugene Code, 1971, or any of the provisions of State law governing public <br /> contracts, or if Contractor knowingly files false affidavits of compliance required under the <br /> Contract, Contractor shall waive for a period of one year any right to bid upon any public <br /> improvement project let by City. If Contractor or any of Contractor's Subcontractors violates any <br /> such provisions or files any such false affidavits of compliance, or in the event Contractor <br /> otherwise fails to perform any of its obligations under this contract, time and quality of <br /> performance being of the essence, City may, at its option, terminate this contract upon written <br /> notice to Contractor. In the event of a termination of this contract or a subcontract under these <br /> provisions, Contractor or the Subcontractor, if applicable, shall forfeit all rights under this contract <br /> or the subcontract, as the case may be. The City's claim for damages under paragraph 15 and <br /> any other relief available to City resulting from the Contractor's breach shall survive a termination <br /> of the Contract. . <br /> Public Improvement Contract for Use with Oregon Standard Speafications-Page 3 <br /> (Revised February 2004) <br /> <br />