New Search
9.1. Commercial General Liability. Contractor shall maintain a broad form commercial general <br />liability insurance policy with coverage of not less than $1,000,000 combined single limit per <br />occurrence, with an annual aggregate of not less than $2,000,000 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 $1,000,000 combined single limit per occurrence, with an annual <br />aggregate limit of not less than $1,000,000 million, for bodily injury, personal injury or property <br />damage. The coverage shall include both hired and non -owned auto liability. The policy shall <br />also contain an endorsement naming City as an additional insured, in a form satisfactory to City, <br />and expressly providing that the interest of City shall not be affected by Contractor's breach of <br />policy provisions. <br />9.3. Workers' Compensation Insurance. Contractor shall comply with the Oregon Workers' <br />Compensation law by qualifying as a carrier - insured employer or as a self- insured employer and <br />shall strictly comply with all other applicable provisions of such law. Contractor shall provide City <br />with such further assurances as City may require from time to time that Contractor is in <br />compliance with these Workers' Compensation coverage requirements and the Workers' <br />Compensation law. Contractor is a subject employer that will comply with ORS 656.017. <br />10. Performance and Payment Bonds. Prior to the commencement of the Work, Contractor shall <br />provide good and sufficient performance and payment bonds approved by City, each in an amount <br />equal to the 100% of the Contract Sum, for the faithful performance of the Work in all respects and <br />indemnifying City for any claims or liens for labor, work, equipment or material provided by others in <br />the performance of the Work. The amount of the performance and payment bonds shall be increased <br />whenever the Contract Sum is increased for any reason. <br />11. Termination and Suspension. City may terminate this contract or suspend the Work at any time as <br />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 in the <br />performance of the contract work set forth in this Document. Recycled products include all <br />materials, goods and supplies, not less than 50 percent of the total weight of which consists of <br />secondary and post consumer waste with not less than 10 percent of its total weight consisting <br />of post consumer waste, as well as any product that could have been disposed of as a solid <br />waste, 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 manufactured or <br />produced in the state of Oregon, if price, fitness, availability and quality are otherwise equal. <br />13. Default and Willful Violation. Without limiting the City's right to debar the Contractor for up to three <br />years, if the Contractor willfully violates any of the provisions of Sections 4.615 to 4.650 of the <br />Eugene Code, 1971, or any of the provisions of State law governing public contracts, or if Contractor <br />knowingly files false affidavits of compliance required under the Contract, Contractor shall waive for a <br />period of one year any right to bid upon any public improvement project let by City. If Contractor or <br />any of Contractor's Subcontractors violates any such provisions or files any such false affidavits of <br />compliance, or in the event Contractor otherwise fails to perform any of its obligations under this <br />contract, time and quality of performance being of the essence, City may, at its option, terminate this <br />contract upon written notice to Contractor. In the event of a termination of this contract or a <br />Public Improvement Contract for Use with Oregon Standard Specifications — Page 3 <br />(Revised February 2004) <br />