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<br />5. Contract Sum. The Contract Sum is $2,079,450.75 and consists of unit prices bid by Contractor
<br />multiplied by estimated quantities, together with lump sum amounts for portions of the Work, as
<br />described on the Contractor's Bid attached hereto. The actual sum payable to Contractor for the
<br />Work shall be based on lump sum amounts and actual quantities, as modified by Change Orders
<br />and adjustments made in accordance with the Specifications. Payment will be made as provided
<br />in the Specifications.
<br />6. Statement of Compliance. Before any payment is made to Contractor, Contractor shall file with
<br />City a statement, under oath, that it has complied with all provisions of State law governing
<br />contractors on a public contract and that it has complied with the provisions of the Eugene Code
<br />governing fair employment practices. In addition, Contractor shall file with City a sworn statement
<br />by each of its subcontractors to the same effect.
<br />Indemnification. Contractor shall indemnify and hold City, and its officers, agents and
<br />employees, harmless from and against all claims, actions, liabilities, costs, including attorney fees
<br />and other costs of defense, arising out of or in any way related to the Work, Contractor's failure to
<br />strictly comply with any provision of the Contract, or any other actions or failure to act by
<br />Contractor and Contractor's employees, agents, officers, representatives and subcontractors. In
<br />the event any such action or claim is brought against City, Contractor shall, if City so elects and
<br />upon tender by City, defend the same at Contractor's sole cost and expense, promptly satisfy any
<br />judgment adverse to City or to City and Contractor, jointly, and reimburse City for any loss, cost,
<br />damage or expense, including attorney fees, suffered or incurred by City.
<br />Insurance. Contractor shall maintain in force for the duration of this contract the insurance
<br />coverages specified below. Each policy required by these provisions shall be written as a primary
<br />policy, not contributing with or in excess of any coverage which City may carry. A copy of each
<br />policy or a certificate satisfactory to City shall be delivered to City prior to commencement of the
<br />Work. Unless otherwise specified, each policy shall be written on an "occurrence" form with an
<br />admitted insurance carrier licensed to do business in the state of Oregon and shall contain an
<br />endorsement entitling City to not less than 30 days prior written notice of any material change,
<br />nonrenewal or cancellation. In the event the statutory limit of liability of a public body for claims
<br />arising out of a single accident or occurrence is increased above the combined single limit
<br />coverage requirements specified below, City shall have the right to require Contractor to increase
<br />the Contractor's coverages by the amount of the statutory limit increase for such claims and to
<br />increase the aggregate coverage by an amount that is twice as large as the statutory increase.
<br />The adequacy of all insurance required by these provisions shall be subject to approval by City's
<br />Risk Manager. Failure to maintain any insurance coverage required by this contract shall be
<br />cause for immediate termination of this contract by City.
<br />8.1 Commercial General Liability. Contractor shall maintain a broad form commercial
<br />general liability insurance policy with coverage of not less than $1,000,000 combined
<br />single limit per occurrence, with an annual aggregate of not less than $2 million, for bodily
<br />injury, personal injury or property damage. Such policy shall contain a contractual liability
<br />endorsement to cover Contractor's indemnification obligations under the Contract and
<br />products/completed operations liability. The policy shall also contain an endorsement
<br />naming City as an additional insured, in a form satisfactory to City, and expressly
<br />providing that the interest of City shall not be affected by Contractor's breach of policy
<br />provisions. The policy shall be endorsed to state that the general aggregate limit of
<br />liability shall apply separately to the Contract.
<br />8.2 Automobile Liability. Contractor shall maintain an automobile liability insurance policy
<br />with coverage of not less than $1,000,000 combined single limit per occurrence, with an
<br />annual aggregate limit of not less than $1 million, for bodily injury, personal injury or
<br />property damage. The coverage shall include both hired and non-owned auto liability.
<br />The policy shall also contain an endorsement naming City as an additional insured, in a
<br />Public Improvement Contract for Use with Oregon Standard Specifications--Page 2
<br />(Revised February, 2004)
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