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(b) Contracts involving public improvements. Prior to executing a <br /> contract for more than $50,000 that includes the construction of a <br /> public improvement, the contractor must deliver a payment bond <br /> equal to the full contract price, solely for the protection of claimants <br /> under ORS 279C.600. <br /> (5) Design/Build Contracts, If the public improvement contract is with a <br /> single person to provide both design and construction of a public <br /> 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 ManagedGeneral 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 pedod 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 /> eady 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 Contracts, In lieu <br /> of publication in a newspaper of general circulation in the Eugene/Springfield <br /> metropolitan area, the advertisement for an invitation to bid or request for <br /> <br />Ordinance <br /> <br /> <br />