New Search
part andlor he withholding of any funds due or to become due to Contractor, <br /> pending compliance by Contractor and/or-its subcontractors, with the Germs of <br /> paragraphs 7.2.1 and 7.2.2. <br /> 8. Indemnification. To the fullesf extent permitted bylaw, Contractor sf~all indemnify, defend <br /> (with counsel approved by City) and hold harmless City, its officers, agents and employees; <br /> the Architect/Engineer, Architect/Engineer's consultants, and their. respective, officers, <br /> directors; agents, .employees, partners, members, stockholders and affiliated companies from <br /> and against all liabilities, damages, fosses, claims, expehses (.including reasonable attorney <br /> fees), demands and actions of. any nature whatsoever, arising :out of or resulting from <br /> <br /> . -Contractor's performance. or failure to perform under the Contract, as further specified in the <br /> General Conditions. <br /> 9. Insurance. Contractor shall maintain in force forthe duration of the Contract the insurance <br /> coverages specified. within the General Conditions: Each policy required by these provisions <br /> shall, be written as a primary policy, not contributing with or in excess of any coverage which <br /> - City may carry. A copy of each policy or a certificate satisfactory to .City shall be delivere.~l to <br /> .City priorto commencement of the Work. Unless otherwise specified, each policy shall be <br /> • written on an "occurrence" form with an admitted insurance carrier licensed to do business in <br /> the state of Oregon ahd shall contain an endorsement entitling City to not less than 30 days • <br /> prior written notice of any material change, nonrenewal or cancellation. In the event the <br /> statutory limit of liability of a public body for claims arising out of a single accident or <br /> occurrence is increased above the combined single.limit coverage requirements specified <br /> below, City shall have the right to require Contractor to increase Contractor's coverages by <br /> the amount of the statutory limit increase for such claims and to increase,the aggregate. <br /> .coverage by an amount that is twice as large as the statutory increase. The adequacy of all <br /> insurance required under the Contract shall be subject to approval by City's Risk Manager. <br /> Failure to maintain any insurance coverage required by the Contract shall be cause for <br /> ,immediate termination of the Contract by City. <br /> 10. Pertormance and Payment Bonds. Prior to the commencement of the Work, Contractor <br /> shall provide good and sufficient performance and payment bonds approved by City and <br /> substantially in the form of the bonds included in the Solicitation Documents. <br /> 11. Termination and Suspension. City may terminate the Contract or suspend the Work at any <br /> time as provided in the Specifications. . <br /> 12: Preference for Goods and Services. ' <br /> 12.1. Contractor shall use recyclable products to the maximum extent economically feasible <br /> in the performance of the Work. Recycled .products include all materials, goods and <br /> supplies, not less than 50% of the total weight of which consists of secondary and post. <br /> consumer waste with not cress than 10% of its total weight consisting of post consumer <br /> waste, as well as any product that could have been disposed of as a solid waste, <br /> having-completed 'its life cycle as a consumer item, but otherwise refurbished for reuse <br /> without substantial alteration of the product's form. <br /> 12.2. In performance of the Work, ,Contractor shall prefer-materials that have been <br /> manufactured or produced in the state of Oregon, if price, fitness, availability and quality <br /> are otherwise equal. <br /> 13. Nonresident Contractors. <br /> 13.1, If Contractor is a nonresident contractor and the Contract Amount exceeds $10,000, <br /> Contractor shall promptly report to the Department of Revenue on forms to be provided <br /> by the Department of Revenue the total Contract Amount, terms of payment, length. of <br /> Public ImprovemenfContract for Use with Oregon Standard Specifications -.Page 3 <br /> (Revised October-2008) <br /> <br />