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Item 7 - Ord/Pub.Contract.Code
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Item 7 - Ord/Pub.Contract.Code
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6/9/2010 12:54:47 PM
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2/23/2005 3:28:38 PM
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Agenda Item Summary
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2/28/2005
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improvement, the obligation of the performance bond for the faithful <br /> performance of the contract must also be for the preparation and <br /> completion of the design and related services covered under the <br /> contract. Notwithstanding when a cause of action, claim or demand <br /> accrues or arises, the surety is not liable after final completion of the <br /> contract, or longer if provided for in the contract, for damages of any <br /> nature, economic or otherwise and including corrective work, attributable <br /> to the design aspect of a design-build project, or for the costs of design <br /> revisions needed to implement corrective work. <br /> (6) Construction Manager/General Contractor Contracts. If the public <br /> improvement contract is with a single person to provide construction <br /> manager and general contractor services, in which a guaranteed <br /> maximum price may be established by an amendment authorizing <br /> construction period services following preconstruction period services, <br /> the contractor shall provide the bonds required by subsection (1) of this <br /> section upon execution of an amendment establishing the guaranteed <br /> maximum price. The city shall also require the contractor to provide <br /> bonds equal to the value of construction services authorized by any <br /> early work amendment in advance of the guaranteed maximum price <br /> amendment. Such bonds must be provided before construction starts. <br /> (7) Surety; Obligation. Each performance bond and each payment bond <br /> must be executed solely by a surety company or companies holding a <br /> certificate of authority to transact surety business in Oregon. The bonds <br /> may not constitute the surety obligation of an individual or individuals. <br /> The performance and payment bonds must be payable to the city or to <br /> the public agency or agencies for whose benefit the bond is issued, as <br /> specified in the solicitation documents, and shall be in a form approved <br /> by the purchasing agent. <br /> (8) Emergencies. In cases of emergency, or when the interest or property <br /> of the city probably would suffer material injury by delay or other cause, <br /> the requirement of furnishing a good and sufficient performance bond <br /> and a good and sufficient payment bond for the faithful performance of <br /> any public improvement contract may be excused, if a declaration of <br /> such emergency is made in accordance with the provisions of section <br /> 2.'1430(7)(c), unless the city council requires otherwise. <br /> <br />2.1445 Public Contracts - Electronic Advertisement of Public <br /> Contracts. In lieu of publication in a newspaper of general circulation in the <br /> Eugene/Springfield metropolitan area, the advertisement for an invitation to <br /> bid or request for proposals for a contract,,,r~ .... ,v,~,v,,~"~ ..... ,~ ~r~,~-,,,,~r~" ,,,,r~,,~v,-,,,,,-,, <br /> may be published electronically by posting on the city's website, provided that <br /> the following conditions are met: <br /> {1) The placement of the advertisement is on a location within the website <br /> that is maintained on a regular basis for the posting of information <br /> concerning solicitations for projects of the type for which the invitation to <br /> bid or request for proposals is issued; and <br /> {2) The solicitation agent determines that the use of electronic publication <br /> will be at least as effective in encouraging meaningful competition as <br /> <br />Ordinance- ]3 <br />L:\CMO~005 Council Agendas\M050228\S0502287-attB.doc <br /> <br /> <br />
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