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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, losses, claims, expenses (including reasonable attorney <br /> it fees), demands and actions of any nature whatsoever, arising out of or resulting from - <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 for the 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 delivered to <br /> City prior to 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 and shall contain an endorsement entitling City #o not less than 30 days <br /> prior written notice of any material change, nonrenewat 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 thaf 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. Performance 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 afany <br /> time as provided in the Specifications. <br /> 12. Preference for Goods and Services. <br /> <br /> j <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 less 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 shaA 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 /> contract and such other information as the Department of Revenue may require before <br /> Contractor may receive final payment on the public contract. City may not award a <br /> public improvement contract or a public works contract to a nonresident bidder that is <br /> an educational service district. City shall satisfy itself that the requirement of this <br /> paragraph has been complied,with before City issues a final payment on a public <br /> contract. <br /> 13.2. As used in this paragraph, "nonresident contractor" means a.contractor that: (A) has <br /> not paid unemployment taxes or income taxes in the state of Oregon during the 12 <br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 3 <br /> (Revised October 2008) <br /> _ <br /> <br />