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City of Eugene / State of Oregon - Dept of Transportation <br />Agreement No. 25104 <br />9. City shall, to the extent permitted by the Oregon Constitution and the Oregon Tort <br />Claims Act, indemnify, defend, save, and hold harmless the State of Oregon, <br />Oregon Transportation Commission and its members, Oregon Department of <br />Transportation, its officers and employees from any and all claims, suits, and <br />liabilities which may occur in the performance of this Project. <br />10. Notwithstanding the foregoing defense obligations under the paragraph above, <br />neither City nor any attorney engaged by City shall defend any claim in the name of <br />the State of Oregon or any agency of the State of Oregon, nor purport to act as legal <br />representative of the State of Oregon or any of its agencies, without the prior written <br />consent of the Oregon Attorney General. The State of Oregon may, at anytime at its <br />election assume its own defense and settlement in the event that it determines that <br />City is prohibited from defending the State of Oregon, or that City is not adequately <br />defending the State of Oregon's interests, or that an important governmental <br />principle is at issue or that it is in the best interests of the State of Oregon to do so. <br />The State of Oregon reserves all rights to pursue any claims it may have against <br />City if the State of Oregon elects to assume its own defense. <br />11. City shall comply with all federal, state, and local laws, regulations, executive orders <br />and ordinances applicable to the work under this Agreement, including, without <br />limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and <br />279B.270 incorporated herein by reference and made a part hereof. Without <br />limiting the generality of the foregoing, City expressly agrees to comply with (i) Title <br />VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of <br />1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all <br />regulations and administrative rules established pursuant to the foregoing laws; and <br />(v) all other applicable requirements of federal and state civil rights and rehabilitation <br />statutes, rules and regulations. <br />12. City shall construct the Project in accordance with the requirements of ORS 276.071 <br />including the public contracting laws within ORS Chapters 279A, 279B and 279C. <br />13. If City chooses to assign its contracting responsibilities to a consultant or contractor, <br />City shall inform the consultant or contractor of the requirements of ORS 276.071, to <br />ensure that the public contracting laws within ORS Chapters 279A, 279B and 279C <br />are followed. <br />14.The Special Provisions for the construction contract (Contract) work between City <br />and its construction contractor(s) (Contractor) for this Project shall include the <br />following stipulations: <br />a. Contractor shall name State and City as a third party beneficiaries of the <br />resulting Contract. <br />Page 4 of 11 <br />