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5. Time of Commencement .and Completion. Time is of the Essence of the Contract. The time in
<br /> which Contractor shall commence, prosecute and complete the Work is described in the
<br /> Specifications.
<br /> 8. Contract Sum. The Contract Sum is $587,959.70 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 and
<br /> adjustments made in accordance with the Specifications. Payment will be made as provided in the
<br /> Specifications.
<br /> 7. Statement of Compliance: Before any payment is made to Contractor, Contractor shall file with City
<br /> a statement, under oath, that it has complied with all provisions of State law governing contractors on
<br /> a public contract and that it has complied with the provisions of the Eugene Code governing fair
<br /> employment practices. In addition, Contractorshall file with City a sworn statement by each of its
<br /> subcontractors to the same effect.
<br /> 8. Indemnification. Contractor shall indemnify and hold City, and its officers, agents and employees,
<br /> harmless from and against all claims, actions, liabilities, costs, including attorney fees and other costs
<br /> of defense, arising out of or in any way related to the Work, Contractor's failure to strictly comply with
<br /> any provision of the Contract, or an other actions or failure to act b Contractor and Contractor's
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<br /> employees, agents, officers, representatives and subcontractors. In the event any such action or-
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<br /> , claim is brought against City, Contractor shall, if City so elects and u on tender b Cit ,defend the
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<br /> same at Contractor's sole cost and expense, promptly satisfy any judgment adverse to City or to City
<br /> and Contractor, jointly, and reimburse City for any loss, cost, damage or expense, including attorney
<br /> fees; suffered or incurred by City.
<br /> 9. 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 policy
<br /> or a certificate satisfactory to City shall be delivered to City prior to commencement of the Work.
<br /> Unless otherwise specified, each policy shall be written on an "occurrence" form with an admitted
<br /> insurance carrier licensed to do business in the state of Oregon and shall contain an endorsement
<br /> entitling City to not less than 30 days prior written notice of any material change, nonrenewat or
<br /> cancellation. In the event the statutory limit of liability of a public body for claims arising out of a
<br /> single accident or occurrence is increased above the combined single limit coverage requirements
<br /> specified below, City shall have the right to require Contractor to increase the Contractor's coverages
<br /> by the amount of the statutory limit increase for such claims and to increase the aggregate coverage
<br /> by an amount that is twice as large as the statutory increase. The adequacy of all insurance required
<br /> by these provisions shall be subject to approval by City's Risk Manager. Failure to maintain any
<br /> insurance coverage required by this contract shall be cause for immediate termination of this contract
<br /> by City.
<br /> 9.1. Commercial General Liability. Contractorshall maintain a broad form commercial general
<br /> liability insurance policy with coverage of not less than $10,000,000 combined single limit per
<br /> occurrence, with an annual aggregate of not less than $10,000,000 million, for bodily injury,
<br /> personal injury or property damage. Such policy shall contain a contractual liability endorsement
<br /> to cover Contractor's indemnification obligations under the Contract and products/completed
<br /> operations liability. The policy shall also contain an endorsement naming City as an additional
<br /> insured, in a form satisfactory to City, and expressly providing that the interest of City shall not
<br /> be affected by Contractor's breach of policy provisions. The policy shall be endorsed to state
<br /> that the general aggregate limit of liability shall apply separately to the Contract.
<br /> 9.2. Automobile Liability. Contractor shall maintain an automobile liability insurance policy with
<br /> coverage of not less than $5,000,000 combined single limit per occurrence: The policy shall also
<br /> contain an endorsement naming City as an additional insured, in a form satisfactory to City, and
<br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 2
<br /> (Revised February 2004)
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