result in the suspension, cancellation or termination of the Contract in whole or in <br />part and/or the withholding of any funds due or to become due to Contractor, <br />pending compliance by Contractor and/or its subcontractors, with the terms of <br />paragraphs 7.2.1 and 7.2.2. <br />8. Indemnification. To the fullest extent permitted by law, Contractor shall 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, losses, claims, expenses (including reasonable attorney <br />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 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. 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 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 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 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 />Public Improvement Contract for Use with Oregon Standard Specifications - Page 3 <br />(Revised October 2008) <br />