,4 <br />form satisfactory to City, and expressly providing that the interest of City shall not be <br />~r affected by Contractor's breach of policy provisions. <br />8.3 Workers' Compensation Insurance. All employers, including the Contractor and its <br />Subcontractors, if any, that employ subject workers who are performing Work or providing <br />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 />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 pertorm 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 />Public Improvement Contract for Use with Oregon Standard Specifications--Page 3 <br />(Revised February, 2004) <br />