New Search
expressly providing that the interest of City shall not be affected by Contractor's breach of policy <br /> provisions. <br /> 9.3. Workers' Compensation Insurance. All employers, including the Contractor and its <br /> Subcontractors, if any, that employ subject workers who are performing Work or providing labor <br /> or Materials under the Contract in the state of Oregon shall comply with ORS 656.017 and <br /> provide the required Workers= Compensation coverage, unless such employers are exempt" <br /> under ORS 656.126. The Contractor shall ensure that each of its Subcontractors complies with <br /> these requirements. Contractor shall provide City with such further assurances ~as City may <br /> re uire from tim <br /> e to time that Contractor i i <br /> q s n com liance with these Workers Com <br /> p ensation <br /> p <br /> coverage requirements and the Workers' Compensation law. The Contractor shall ensure that <br /> <br /> ii its insurance carrier files a guaranty contract with the .Oregon Workers= Compensation Division <br /> before performing any Work. <br /> 10. 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 amount <br /> equal to the 100% of the Contract Sum, for the faithful performance of the Work in all respects and <br /> indemnifying City for any claims or liens for labor, work, equipment or material provided by others in <br /> the performance of the Work. The amount of the performance and payment bonds shall be increased <br /> whenever the Contract Sum is increased for any reason. <br /> 11. Termination and Suspension. City may terminate this contract or suspend the Work at any time as <br /> provided in the Specifications. <br /> 12. Preference for Goods and Services. <br /> 12.1. Contractor shall use recyclable products to the maximum extent economically feasible in the <br /> performance of the contract work set forth. in this Document. Recycled products include all <br /> materials, goods and supplies, not less than 50 percent of the total weight of which consists of <br /> secondary and post consumer waste with not less than 10 percent of its total weight consisting <br /> of post consumer waste, as well as any product that could have been disposed of as a solid <br /> waste, having completed its life cycle as a consumer item, but otherwise refurbished for reuse <br /> without substantial alteration of the product's form. <br /> 12.2. In performance of the Work, Contractor shall prefer materials that have been manufactured or <br /> produced. in the state of Oregon, if price, fitness, availability and quality are otherwise equal. <br /> 13. Default and Willful Violation. Without limiting-the City's right to debar the Contractor for up to three <br /> years, if the Contractor willfully violates any of the provisions of Sections 4.61.5 to 4.650 of the <br /> Eugene Code, 1971, or any of the provisions of State law governing public contracts, or if Contractor <br /> knowingly files false affidavits of compliance required under the Contract, Contractor shall waive for a <br /> period of one year any right to bid upon any public improvement project let by City. If Contractor or <br /> any of Contractor's Subcontractors violates any such provisions or files any such false affidavits of <br /> compliance, or in the event Contractor otherwise fails to perform any of its obligations under this <br /> contract, time and quality of performance being of the essence, City may, at its option, terminate this <br /> contract upon written notice to Contractor: In the event of a termination of this contract or a <br /> subcontract under these provisions, Contractor or the Subcontractor, if applicable, shall forfeit all <br /> rights under this contract or the subcontract, as the case may be. The City's claim for damages under <br /> paragraph 14 and any other relief available to City resulting from the Contractor's breach shall survive <br /> a termination of the Contract. <br /> 14. Liquidated Damages. In the event the Work is not completed within the contract time as specified in <br /> the Contract Documents, Contractor will pay to City liquidated damages as specified in the <br /> Specifications. The parties believe that due to the costs of bringing an action and the difficulty of <br /> establishing the exact amount of damages City will incur, it would be inconvenient and infeasible for <br /> City to bring an action for the actual damages it will incur because of Contractor's failure to complete <br /> Public Improvement Contract for Use with Oregon Standard Specifications -.Page 3 <br /> (Revised February 2004) <br /> <br />