Specifications RFQ 2010200077 Sidewalk Access

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E-7 Certificate of Non-Segregated Facilities E-8 Certificate A: Certificate of Bidder Equal Employment Certificate B: Section 3 & Contractor Eligibility Data, page 1 & 2 Certificate C: Statement of Workforce Needs, page 1 & 2 Definitions 2. . Unless otherwise specifically defined in this Document, all capitalized terms which are not proper nouns shall have the meanings assigned thereto in the Specifications. Project 3. . The project is generally described as: Work to be Performed. 4. Contractor agrees to furnish, as the Work all services, labor, materials and equipment which are described as the Contractor’s responsibility in the Plans and Specifications, as the same may be modified in accordance with the Contract, and to construct the improvement described therein (the Project), all according to the provisions of the Contract. All parts of the Work are the sole responsibility of Contractor. Time of Commencement and Completion. 5. Time is of the Essence of the Contract. The time in which Contractor shall commence, prosecute and complete the Work is described in the Specifications. Contract Sum. 6. The Contract Sum is $__________ and consists of unit prices bid by Contractor multiplied by estimated quantities, together with lump sum amounts for portions of the Work, as described on the Contractor’s Bid attached hereto. The actual sum payable to Contractor for the Work shall be based on lump sum amounts and actual quantities, as modified by Change Orders and adjustments made in accordance with the Specifications. Payment will be made as provided in the Specifications. Statement of Compliance 7. . Before any payment is made to Contractor, Contractor shall file with City a statement, under oath, that it has complied with all provisions of State law governing contractors on a public contract and that it has complied with the provisions of the Eugene Code governing fair employment practices. In addition, Contractor shall file with City a sworn statement by each of its subcontractors to the same effect. Indemnification 8. . Contractor shall indemnify and hold City, and its officers, agents and employees, harmless from and against all claims, actions, liabilities, costs, including attorney fees and other costs of defense, arising out of or in any way related to the Work, Contractor's failure to strictly comply with any provision of the Contract, or any other actions or failure to act by Contractor and Contractor's employees, agents, officers, representatives and subcontractors. In the event any such action or claim is brought against City, Contractor shall, if City so elects and upon tender by City, defend the same at Contractor's sole cost and expense, promptly satisfy any judgment adverse to City or to City and Contractor, jointly, and reimburse City for any loss, cost, damage or expense, including attorney fees, suffered or incurred by City. Insurance 9. . Contractor shall maintain in force for the duration of this contract the insurance coverage specified below. Each policy required by these provisions shall be written as a primary policy, not contributing with or in excess of any coverage which City may carry. A copy of each policy or a certificate satisfactory to City shall be delivered to City prior to commencement of the Work. Unless otherwise specified, each policy shall be written on an "occurrence" form with an admitted insurance carrier licensed to do business in the state of Oregon and shall contain an endorsement entitling City to not less than 30 days prior written notice of any material change, nonrenewal or cancellation. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified below, City shall have the right to require Contractor to increase the Contractor's coverage to the statutory limit for such claims and to increase the aggregate coverage to twice the amount of the statutory limit. The adequacy of all insurance required by these provisions shall be subject to approval by City's Risk Manager. Failure to maintain any insurance coverage required by this contract shall be cause for immediate termination of this contract by City. Public Improvement Contract for Use with Oregon Standard Specifications – Page 2 (Revised February 2004)