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<br /> ' Bikeway/Walkway Project Agreement Page 3
<br /> 02/26/03 ,
<br /> j limitation, the provisions of ORS 279.312, 279.314, 279.316, 279.320, and 279.555,
<br /> which. hereby are incorporated by reference. Without limiting the generality of the
<br /> foregoing,. City expressly agrees to comply with: (i)~ Title VI of Civil Rights Act of
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<br /> j 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with
<br /> Disabilities Act of 1990 and ORS 659.425; (ivj all regulations and administrative
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<br /> j rules established pursuant to the foregoing laws; and (v) all other applicable
<br /> requirements of federal and state civil rights and rehabilitation statutes, rules and
<br /> regulations.
<br /> 10. City, or ifs contractor, shall obtain and keep in effect during the term of the Project,
<br /> Comprehensive or Commercial General' Liability Insurance covering bodily injury
<br /> and property damage.. This insurance shall include personal injury coverage,.
<br /> contractual liability Coverage for the indemnity provided under this agreement, and
<br /> productslcompleted operations liability. Combined single limit per occurrence shall
<br /> not be less than $1,000,000, or the equivalent. Each annual aggregate limit shall
<br /> not be less than $2,000,000, when applicable.
<br /> . The liability coverage required for performance of the agreement shall include the
<br /> State of Oregon, Oregon Transportation Commission and its members, Department
<br /> of Transportation and their officers and employees, as Additional Insureds but only
<br /> with respect to City's, or its contractor's, activities to be performed under this
<br /> agreement.
<br /> Before a contract for the Project is executed, City, or its contractor, shall furnish to
<br /> State's ODOT District 5.office a Certificate of Insurance for the limits set out above,
<br /> which is to be in force and applicable to the Project.
<br /> The insurance coverage shall. not be amended, altered, modified, or canceled
<br /> insofar as the coverage contemplated. herein is concerned without at least thirty
<br /> days prior written notice to State.
<br /> 11. City, its Contractors, and their Subcontractors shall indemnify, defend, save, and
<br /> hold harmless the State of Oregon, the Oregon Transportation Commission and its
<br /> members, the Oregon Department of Transportation, their officers, agents, and _
<br /> employees from and against any and all claims, suits, actions, losses, damages,
<br /> costs, expenses, and liabilities of any nature whatsoever resulting from, arising out
<br /> of, or relating to the activities ~of Ci#y or its officers, employees, subcontractors, or
<br /> agents under this agreement.
<br /> 12. City shall be responsible for all costs not covered by State funding. State funding is
<br /> limited to $71,200.
<br /> 13. City shall be responsible for all costs and expenses related to its employment of
<br /> individuals to perform the work under this agreement, including but not limited to,
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